Analysis of the Timing of the Proffered Road Improvements for North Pointe

County Attorney’s Office, June 1, 2006

 

Road Improvement

Original

Timing

 

Alternative 1

 

Alternative 2

 

Alternative 3

Contingencies to the Construction of the Road Improvement

 

Comments

Middle Entrance on U.S. Route 29

Phase I

(prior to approval of the first subdivision plat or site plan)

May be constructed as a Phase II improvement at owner’s election (§5.3.1(b)(penultimate paragraph)(Phase I and Phase II improvements reversed)).

 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

The proffers are unclear as to how the election to construct the Middle Entrance as a Phase II improvement under §5.3.1(b)(penultimate paragraph) corresponds to the election to construct only certain Middle Entrance-related improvements as Phase II improvements under  §5.3.1(a)(penultimate paragraph), which also allows the Phase I and Phase II improvements to be reversed).

(i) U.S. Route 29 Southbound – construction of a continuous 12 foot wide through lane (with shoulders or guard rail as may be required by VDOT) from the entrance 1,000 feet north and 1,000 feet south by 12 feet wide. 

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

 

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

 

(ii) U.S. Route 29 Southbound - construction of dual left turn lanes with taper.

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

 

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

 

(iii) U.S. Route 29 Southbound – construction of a right turn lane with taper.

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

 

(iv) U.S. Route 29 Northbound – construction of a continuous 12 foot wide through lane (with shoulders or guard rail as may be required by VDOT) extending from Proffit (Airport) Road (Route 649) to the Northwest Passage entrance.

Phase I

 

 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

This improvement must be constructed as a Phase I improvement. (§5.3.1(a)(penultimate paragraph)).

(v) U.S. Route 29 Northbound – construction of right hand turn lanes at both the Middle and Southernmost entrances.

Phase I

 

 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

This improvement must be constructed as a Phase I improvement. (§5.3.1(a)(penultimate paragraph)).

(vi) U.S. Route 29 Northbound – construction of left turn lane with taper.

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance. 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

 

(vii) SR 1570 Eastbound – construction of or restriping of lanes to result in separate left, through and right turn movements.

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

 

(viii)  Entrance road Westbound – installation of a traffic signal with 8 phase timing, video detection and associated intersection improvements on U.S. Route 29.

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

 

(ix) Existing crossover at Cypress Drive – construction to close the crossover.

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph)), and it need not be constructed as a Phase II improvement until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

 

(x) Frontage road from Cypress Drive to SR 1570 – construction of a public street to serve properties currently accessing U.S. Route 29 through Cypress Drive. 

 

Phase I

May be constructed as a Phase II improvement if North Pointe Boulevard has been extended to Northwest Passage, and Northwest Passage has been constructed to U.S. 29 (§5.3.1(a) (penultimate paragraph)).

 

 

This improvement may be constructed as a Phase II improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b) (penultimate paragraph)), and it need not be constructed until the owner constructs a signalized Middle Entrance.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

Under § 5.3.1(a)(2)(i), Alternative 1 is possible if Northside Drive has not been constructed to the roundabout at North Pointe Boulevard as a Phase I improvement (§ 5.3.1(a)(2)(i)) and Northwest Passage is constructed from U.S. Route 29 to North Pointe Boulevard prior to Phase III (§ 5.3.1(c)(1)(ii)).

 

 

Northside Drive, North Pointe Boulevard, Leake Road and Proffit Road

Phase I

 

 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

This improvement must be constructed as a Phase I improvement under § 5.3.1(b) (penultimate paragraph).  Note that § 5.3.1(a) (penultimate paragraph) does not contain a similar requirement.

(i) Leake Road and North Pointe Boulevard, in accordance with the design cross-sections shown on Sheet D-1, from Proffit Road to either Northside Drive or, if Northside Drive has not yet been constructed to the roundabout at North Pointe Boulevard, North Pointe Boulevard shall be extended to Northwest Passage.

Phase I

If the first subdivision plat is approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof and other requirements of § 5.3.6 satisfied, North Pointe Boulevard between Northside Drive (Middle Entrance) and Northwest Passage must be constructed as a Phase I improvement.

(§ 5.3.6)

 

 

For Leake Road, the owner will provide a fifty (50) foot public right-of-way along Leake Road and will construct a two-lane public street and as much of the other improvements shown on the cross-sections as possible within the available right-of-way.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6) 

One of these alternative improvements must be constructed as a Phase I improvement under § 5.3.1(b (penultimate paragraph).  Note that § 5.3.1(a)(penultimate paragraph) does not contain a similar requirement.

 

This proffer is unclear as to how the alternative situation would arise (italicized) because Northside Drive is part of the Middle Entrance improvements (§ 5.3.1(a)(2)(iii))(in order it to be functional as a public street), which must be constructed prior to approval of the first subdivision plat or site plan for the project (unless the proffer is meant to apply if Northside Drive is not yet completed/accepted by VDOT).

 

(ii) The roundabout, or such other improvements as may be approved by VDOT and the County, at the intersection of Leake Road and Proffit Road shown on Sheet B and the additional westbound right turn lane on Proffit Road from Leake Road to U.S. Route 29, as shown on Sheet E to the Application Plan entitled “External Road Improvement Plan” (“Sheet E”).

Phase I

 

 

 

The owner will construct the roundabout, which the traffic study identified as an improvement required by this project, only if it can be constructed within the existing right-of-way, which staff has already determined cannot be accomplished.  The same contingency (within available right-of-way) applies to the improvements that would be constructed in lieu of the roundabout.

 

Construction of this improvement is not triggered by first subdivision plat in area north of Northwest Passage or fronting on Northwest Passage or an extension thereof.

(§ 5.3.6)

This improvement must be constructed as a Phase I improvement under § 5.3.1(b)(penultimate paragraph).  Note that § 5.3.1(a)(penultimate paragraph) does not contain a similar requirement.

 

 

(iii) Northside Drive between U.S. Route 29 and North Pointe Boulevard as shown on Sheet D-1, or, alternatively, if North Pointe Boulevard has been constructed to Northwest Passage pursuant to Section 5.3.1(a)(2)(i), and Northside Drive between U.S. Route 29 and North Pointe Boulevard has not been constructed, Northwest Passage from North Pointe Boulevard to U.S. Route 29 as shown on Sheet D-1.

Phase I

 

 

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

One of these alternative improvements must be constructed as a Phase I improvement under § 5.3.1(b)(penultimate paragraph).  Note that § 5.3.1(a)(penultimate paragraph) does not contain a similar requirement.

 

Note that Northside Drive would not be constructed as a Phase I improvement if North Pointe Boulevard was constructed to Northwest Passage, and Northwest Passage was constructed to U.S. Route 29 (§ 5.3.1(a)(2)(iii)).  This means that if Northside Drive is not constructed from U.S. Route 29 to North Pointe Boulevard because the contingencies apply, the Middle Entrance provides no public street access to the project, and the only access to the project from U.S. Route 29 until the Phase II improvements are constructed (when the Southernmost Entrance is constructed) is from Proffit Road or Northwest Passage.  Staff has stated that Proffit Road would fail.

(iv) Owner shall either construct an additional through lane eastbound on Proffit Road from U.S. Route 29 to the roundabout at the intersection of Leake Road and Proffit Road or contribute $67,500 cash.

 

 

Phase I

 

 

 

The additional through lane eastbound on Proffit Road from US 29 to the Leake Road/Proffit Road roundabout would be constructed only if it has not previously been constructed, bonded, or is necessary for site plan approval for any development of the southeast corner of U.S. Route 29 and Proffit Road, and only if right-of-way is made available at no cost to owner.  As a result of this latter contingency, the through lane may not be constructed as proffered.

 

Construction of this improvement is not triggered by the first subdivision plat approved in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof. (§ 5.3.6)

This improvement must be constructed or the cash contribution must be paid as a Phase I improvement under § 5.3.1(b)(penultimate paragraph).  Note that § 5.3.1(a)(penultimate paragraph) does not contain a similar requirement.

 

The traffic study did not identify this improvement as one required by the project, though the project accelerates the need for the through lane. 

 

The proffer refers to the through lane being constructed to the roundabout at Leake and Proffit, though the Owner has not proffered to assure that the roundabout will be constructed.

 

Staff does not know the basis for the $67,500 amount, or whether it would be adequate, and the proffer allows the owner to decide whether to construct the through lane or contribute the cash.

 

 

Southernmost Entrance on Route 29

 

Phase II

(prior to approval of the first site plan allowing the aggregate commercial square footage to exceed 290,000 square feet)

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).  

 

 

 

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The statement in § 5.3.1(b)(penultimate paragraph) that if the order of the Phase I and Phase II improvements is reversed, either the Southernmost or the Middle Entrance must be constructed, is confusing; if the order is reversed and the Phase II improvements are constructed as Phase I improvements, the Southernmost Entrance must be constructed as a (new) Phase I improvement.  Otherwise, for example, if the owner reversed the order to construct the Phase II Southernmost Entrance as part of Phase I, Northside Drive, which connects the Middle Entrance to North Pointe Boulevard (§ 5.3.1(a)(2)(iii) would have to be constructed, but not the Middle Entrance itself.

(i) U.S. Route 29 Southbound – correction of the vertical curvature in the roadway just north of the entrance. 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with the owner reimbursing 75% of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

 

 

(ii) U.S. Route 29 Southbound – construction of a continuous 12 foot wide through lane (with shoulders or guard rail as required by VDOT) extending from the entrance north to match improvements required with the Middle Entrance and south to Airport Road.

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with the owner reimbursing 75% of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

(iii) U.S. Route 29 Southbound – construction of dual left turn lanes with taper at the crossover.

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with the owner reimbursing 75% of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The statement in § 5.3.1(b)(penultimate paragraph) that if the order of the Phase I and Phase II improvements is reversed, either the Southernmost or the Middle Entrance must be constructed, is confusing; if the order is reversed and the Phase II improvements are constructed as Phase I improvements, the Southernmost Entrance must be constructed as a (new) Phase I improvement.  Otherwise, for example, if the owner reversed the order to construct the Phase II improvements but constructed the Middle Entrance, the construction of the dual left turn lands with taper at the crossover as proffered here could be for a Southernmost Entrance that did not exist.

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time.

(iv) U.S. Route 29 Southbound – construction of right turn lane with taper to serve northernmost entrance to SR 1515.

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with owner reimbursement for portion of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

(v) U.S. Route 29 Northbound – construction of left turn lane with taper into SR 1515.

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with owner reimbursement for portion of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

(vi) SR 1515 Eastbound – construction and/or restriping to provide left turn lane with taper.

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

(§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with owner reimbursement for portion of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

(vii) Installation of a traffic signal with 8 phase timing, video detection and associated intersection improvements at the intersection with U.S. Route 29. 

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost.

 (§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with owner reimbursement for portion of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The statement in § 5.3.1(b)(penultimate paragraph) that if the order of the Phase I and Phase II improvements is reversed, either the Southernmost or the Middle Entrance must be constructed, is confusing; if the order is reversed and the Phase II improvements are constructed as Phase I improvements, the Southernmost Entrance must be constructed as a (new) Phase I improvement.  Otherwise, for example, if the owner reversed the order to construct the Phase II improvements but constructed the Middle Entrance, the installation of the traffic signal as proffered for the Southernmost Entrance could be for a Southernmost Entrance that did not exist.

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time..

(viii) Close existing crossover at U.S. Route 29 and southernmost entrance to SR 1515.

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b)(penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

If this improvement is not completed within 10 years after the first certificate of occupancy for a commercial building in the project, and the County or VDOT constructs this improvement, the owner will reimburse the County for 75% of the total cost. (§ 5.3.5)

 

Under Alternative 2 (County/VDOT construction with owner reimbursement for portion of the cost), the owner is obligated to reimburse the County only if it seeks a building permit for a building that would authorize the aggregate commercial square footage to exceed 290,000 square feet.

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The statement in § 5.3.1(b)(penultimate paragraph) that if the order of the Phase I and Phase II improvements is reversed, either the Southernmost or the Middle Entrance must be constructed, is confusing; if the order is reversed and the Phase II improvements are constructed as Phase I improvements, the Southernmost Entrance must be constructed as a (new) Phase I improvement.  Otherwise, for example, if the owner reversed the order to construct the Phase II improvements but constructed the Middle Entrance, the closing of the crossover as proffered, and related to the construction of for the Southernmost Entrance, would be required even though the Southernmost Entrance did not exist.

 

The proffers do not include a commitment to construct U.S. Route 29 southbound lane improvements within a specific period of time..

(ix) Proposed Entrance Road between North Pointe Boulevard and U.S. Route 29.

 

Phase II

May be constructed as a Phase I improvement if the owner elects to reverse the order of Phase I and Phase II improvements under § 5.3.1(b (penultimate paragraph).  If the order is reversed, either the Southernmost or Middle Entrance shall be constructed. (§ 5.3.1(b) (penultimate paragraph)).

 

 

 

The five largest commercial buildings in the project total just less than 290,000 square feet (approximately 44% of the commercial floor area), and they could be constructed without this improvement being constructed.  In fact, all of the residential units (893 total), up to 290,000 square feet of the commercial buildings, and all of the other non-residential buildings not subject to the 290,000 square foot threshold could be constructed without any of the Phase II improvements (particularly those on U.S. Route 29) being constructed.

 

The statement in § 5.3.1(b)(penultimate paragraph) that if the order of the Phase I and Phase II improvements is reversed, either the Southernmost or the Middle Entrance must be constructed, is confusing; if the order is reversed and the Phase II improvements are constructed as Phase I improvements, the Southernmost Entrance must be constructed as a (new) Phase I improvement.  Otherwise, for example, if the owner reversed the order to construct the Phase II improvements but constructed the Middle Entrance, the construction of the entrance road for a Southernmost Entrance that did not exist would be useless.  This means that the only access to the project from U.S. Route 29 until the Phase I improvements are constructed connecting Northside Drive from U.S. Route 29 to North Pointe Boulevard is from Proffit Road or Northwest Passage.  Staff has stated that Proffit Road would fail.

Northernmost Entrance (opposite Lewis & Clark Drive) on Route 29

 

Phase III

(earliest of the first subdivision plat or site plan where the aggregate dwelling units exceeds 533; approval of the subdivision plat or site plan for dwelling units along Northwest Passage and near US Route 29; or 5 years from the first certificate of occupancy in the project)

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school.

(§ 5.3.1(c)(2)(ii))

 

 

 

The Phase III proffers are the only proffers that have a firm construction deadline (5 years from first certificate of occupancy).

 

Within twelve months after issuance of the building permit for the elementary school, § 5.3.1(c)(2) states that the owner will complete construction of: (i) the improvements in § 5.3.1(c)(1) (which are all of the Phase III improvements); (ii)  Northwest Passage from North Pointe Boulevard to U.S. Route 29; and (iii) North Pointe Boulevard from Northside Drive east to Northwest Passage.  The latter two improvements are Phase III improvements as well and are therefore surplusage.

(i) U.S. Route 29 Southbound – construction of left turn lane with taper.

 

Phase III

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school.

(§ 5.3.1(c)(2)(ii))

If the first subdivision plat approved is in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof, this improvement must be constructed prior to when it would otherwise be required under § 5.3.1(c) in order for the subdivision plat to not trigger the construction of the Phase I improvements. (§ 5.3.6)

 

 

Note that one of the triggers for all of the Phase III improvements is the approval of a subdivision plat for residential units in along Northwest Passage near U.S. Route 29. (§ 5.3.1(c)) Alternative 2 (§ 5.3.6) is excludes such a plat as a trigger for the Phase I improvements.

 

Under Alternative 2, § 5.3.6 needs to be revised because it is unclear how the County would know at the time the plat was approved if the improvement would be constructed “prior to when it would otherwise be required” in order to determine if the Phase I improvements should be triggered.  Nothing requires the improvement to be constructed before the subdivision plat itself is approved.

(ii) Northwest Passage from U.S. Route 29 to North Pointe Boulevard.

 

Phase III

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school. (§ 5.3.1(c)(2)(i), (ii))

 

If the first subdivision plat approved is in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof, this improvement must be constructed prior to when it would otherwise be required under § 5.3.1(c) in order for the subdivision plat to not trigger the construction of the Phase I improvements. (§ 5.3.6)

 

This improvement could be constructed as a Phase I improvement if North Pointe Boulevard has been constructed to Northwest Passage pursuant to § 5.3.1(a)(2)(i), and Northside Drive between U.S. Route 29 and North Pointe Boulevard has not been constructed.

(§ 5.3.1(a)(1)(iii))

 

A subdivision plat for the lands fronting on Northwest Passage as provided in Alternative 3 under § 5.3.6 would require the construction of Northwest Passage in conjunction with the subdivision plat approval.

 

Under Alternative 2, § 5.3.6 needs to be revised because it is unclear how the County would know at the time the plat was approved if the improvement would be constructed “prior to when it would otherwise be required” in order to determine if the Phase I improvements should be triggered.  Nothing requires the improvement to be constructed before the subdivision plat itself is approved.

(iii) U.S. Route 29 Northbound – construction of a right hand turn lane.

 

Phase III

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school.

(§ 5.3.1(c)(2)(ii))

If the first subdivision plat approved is in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof, this improvement must be constructed prior to when it would otherwise be required under § 5.3.1(c) in order for the subdivision plat to not trigger the construction of the Phase I improvements. (§ 5.3.6)

 

 

 

 

Under Alternative 2, § 5.3.6 needs to be revised because it is unclear how the County would know at the time the plat was approved if the improvement would be constructed “prior to when it would otherwise be required” in order to determine if the Phase I improvements should be triggered.  Nothing requires the improvement to be constructed before the subdivision plat itself is approved.

(iv) If not already constructed, North Pointe Boulevard between Northside Drive and Northwest Passage.

 

 

Phase III

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school.

(§ 5.3.1(c)(2)(ii), (iii))

 

If the first subdivision plat approved is in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof and other requirements of § 5.3.6 satisfied, North Pointe Boulevard between Northside Drive (Middle Entrance) and Northwest Passage must be constructed as a Phase I improvement. (§ 5.3.6)

This improvement could be constructed as a Phase I improvement if Northside Drive has not yet been constructed to the roundabout at North Pointe Boulevard.

(§ 5.3.1(a)(1)(i)) 

 

If Alternative 2 was being applied, this improvement would have to be constructed prior to approval of the subdivision plat for residential units fronting on Northwest Passage.

(§ 5.3.1(c))

(v) If the traffic signal to be constructed at the Northernmost Entrance by others is in place prior to Owner commencing work on this Northernmost Entrance, and such traffic signal only includes three legs, Owner shall add the fourth leg to the signal. 

 

If the traffic signal is not in place and the vehicular traffic generated by the Project causes the VDOT signal warrants to be met, and VDOT requires that a traffic signal be installed as a condition of the entrance permit, Owner shall install such traffic signal.

 

Phase III

All Phase III road improvements must be constructed within twelve (12) months after issuance of the building permit for construction of the elementary school.

(§ 5.3.1(c)(2)(ii))

If the first subdivision plat approved is in the area north of Northwest Passage or fronting on Northwest Passage or an extension thereof, this improvement must be constructed prior to when it would otherwise be required under § 5.3.1(c) in order for the subdivision plat to not trigger the construction of the Phase I improvements. (§ 5.3.6)

 

 

 

The “others” referred to in the proffer is the UVA Foundation.

 

If Alternative 2 was being applied, this improvement would have to be constructed prior to approval of the subdivision plat for residential units fronting on Northwest Passage.

(§ 5.3.1(c))

                               

 Return to executive summary