Proffer Statement

Biscuit Run

 

 

Date:  January 3, 2006 (last revised June 12, 2007)

ZMA #:  ZMA-2005-017 Biscuit Run (formerly known as Fox Ridge)

Tax Map Parcel Numbers: 90-5, 90-6D (portion), 90-17D, 90A-3, 90A1-1, 90A1-1E, 90A-1A and 90A-1B

 

 

The Property described with more particularity on plat of Thomas B. Lincoln Land Surveyor, Inc., dated April 17, 2007, Revised May 29, 2007, entitled, “Map Showing Area to be Rezoned Tax Map 90 Parcels 5 and 17D Tax Map 90A Parcels 1A, 1B and 3 Tax Map 90A1 Parcels 1 and 1E and a Portion of Tax Map 90 Parcel 6D Property Belonging to Forest Lodge LLC Lying Between State Routes 20 and 631 Scottsville District Albemarle County, Virginia,” comprising approximately 827.5 acres and also described in the records of the County of Albemarle as Tax Map Parcel Numbers 90-5, 90-6D (portion), 90-17D, 90A-3, 90A1-1, 90A1-1E, 90A-1A and 90A-1B (the “Property”) is subject to rezoning application ZMA-2005-017 and to this Proffer Statement.  The Owners of the Property are Forest Lodge, LLC, a Virginia limited liability company, Elizabeth Breeden, and Biscuit Run, LLC, a Virginia limited liability company, their successors and assigns (collectively, the “Owner”).

 

The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the R1 and R2 Districts to the Neighborhood Model District as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a “Proffer,” and collectively, the “Proffers”) pursuant to Section 15.2-2298 of the Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance.  These conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested.  If rezoning application ZMA 2005-017 is denied, these proffers shall immediately be null and void and of no force and effect.

 

            This Proffer Statement shall relate to the General Development Plan entitled “Biscuit Run Neighborhood Model District General Development Plan for a Zoning Map Amendment ZMA-2005-017” prepared by Collins Engineering, containing seventeen (17) sheets, dated September 26, 2005, last revised June 12, 2007 (the “GDP”) and to the Biscuit Run Neighborhood Model District Code of Development dated December 12, 2006, last revised June 12, 2007 (the “COD”).  

 

As used throughout these Proffers, the following capitalized terms shall have the following meanings:

 

            “Design Standards Manual” shall refer to the Albemarle County Design Standards Manual, as amended from time to time.

 

“Owners’ Association” shall refer collectively to one or more responsible property owners’ associations to be created by the Owner for the purpose of, inter alia, maintaining common areas within Biscuit Run.

 

“Neighborhoods 4 and 5” shall refer to Neighborhoods 4 and 5 as depicted on the Albemarle County – Virginia, Land Use Plan, Map O, 2015 Land Use Plan, Adopted June 1996, Amended October 2001.

 

“Phase of Development” or “Phase” shall have the meaning set forth in the COD.  Under no circumstances shall the recordation of a subdivision plat creating up to two new parcels containing the existing Breeden residence, its curtilage and immediately-adjacent acreage in Block 11, be deemed to commence a Phase or to trigger the obligations of Proffer7A hereunder.

 

1.         Greenway Dedication and Parks.  The Owner shall provide the following greenway, trails, parks, green space and district park:

 

A.        Greenway Trail.  Upon the request of the County, but not earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall dedicate to the County for public use, either in fee simple or as an easement, no less than 120 acres in greenway area as shown on Sheet 5 of the GDP (the “Greenway”), subject to necessary easements for completion of the Owner’s construction and maintenance obligations under this Proffer 1A.  The Owner shall not be required to dedicate the Greenway until a master plan for the Greenway is approved by the County’s Parks and Recreation Department identifying the improvements to be constructed by the Owner within the Greenway, which shall include, at minimum, a path constructed in accordance with the Detail for Trailway Design and notes on Sheet 5 of the GDP and reasonable and necessary foot bridges, boardwalks, signage, benches and pet waste disposal stations (the “Greenway Master Plan”). 

 

Before the first certificate of occupancy is issued in any Phase containing any portion of the Greenway, the Owner shall design, construct and install a trail and associated improvements on the portion of the Greenway located within such Phase in substantial accordance with the Greenway Master Plan, all at the Owner’s sole expense.  The Owner may, with the express written consent of the County’s Parks and Recreation Department, maintain in accordance with the standards set forth in the Greenway Master Plan any portion of the Greenway that has been previously dedicated to public use.  If the Greenway is dedicated by one or more subdivision plats, each such subdivision plat shall depict the Greenway and bear a notation that the Greenway is dedicated for public use.  If, at the time the County requests dedication of the Greenway, any part of the Greenway has not been dedicated by subdivision plat, the Owner shall pay the costs of surveying the Greenway, preparing one or more plats thereof and preparing and recording one or more deeds of dedication.

 

B.         Off-Site Extension of Greenway Trail. Upon the County’s approval of construction drawings for the improvements described in this Proffer 1B, but in no event earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall construct an extension of the trail described in Proffer 1A from the northern boundary of the Property along Biscuit Run Creek to Interstate 64 in the general location shown on Sheet 4A of the GDP (the “Extension Trail”).  The Extension Trail shall be constructed to the same standards described in the Greenway Master Plan.  The Owner’s obligations under this Proffer 1B shall be contingent on the provision, without cost to the Owner, of adequate right-of-way and easements as necessary for the Extension Trail to be constructed and maintained; provided, however, that the Owner shall cooperate with the County to obtain, without cost to the Owner, such right-of-way and easements.  Notwithstanding the foregoing, the Owner may, at its sole option exercised at any time, satisfy this Proffer 1B by paying to the County the cost of construction of the Extension Trail, up to a maximum of One Hundred Thousand Dollars ($100,000.00), in lieu of constructing the Extension Trail.  In the event the Owner has not previously elected to provide cash in lieu of construction, and right-of-way and easements for the Extension Trail have not been provided within ten (10) years after the date of issuance of the first residential building permit within the Property, then the Owner shall provide a cash contribution to the County in the amount of One Hundred Thousand Dollars ($100,000.00) for use toward funding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5, which contribution shall fully satisfy this Proffer 1B.  

 

C.        Perimeter Trail.  The Owner shall construct a perimeter trail throughout the Property in substantially the location depicted on Sheet 5 of the GDP as “Perimeter Trail Around Property Boundary” (the “Perimeter Trail”) in accordance with the terms of this Proffer 1C.  Before the first certificate of occupancy is issued in any Phase containing any portion of the Perimeter Trail, the Owner shall design, construct and install the portion of the Perimeter Trail located within such Phase in substantial accordance with the minimum standards provided for a primitive trail in Table 6-5 of the Design Standards Manual.  The Perimeter Trail shall be maintained by the Owners’Association.

 

D.        Parks.  The Owner shall provide not less than forty-three (43) acres in public parks throughout the Property in substantially the locations shown on Sheet 5 of the GDP as Parks (each a “Park,” and collectively the “Parks”).  Each Park shall be designed and constructed in conjunction with the approval of any final subdivision plat or site plan for lots that are adjacent to such Park.  For the purposes of this Proffer 1D, the term “adjacent” shall refer to land located within the Property abutting or immediately across the street or road from a Park, as shown on the final subdivision plat of such land.  The construction of each Park shall be substantially completed, as conclusively evidenced by the installation of all landscaping or the posting of a bond in accordance with Albemarle County Code § 18-32.3.7 for installation of landscaping, prior to the issuance of eighty percent (80%) of the certificates of occupancy for lots adjacent to such Park.  Parks shall be conveyed to and maintained by the Owners’ Association.

 

E.         Other Green Space.  The Owner shall provide other green space on the Property in the locations shown on the GDP as “Buffers” and “Passive Recreation Areas.”  Each portion of the Buffers and Passive Recreation Areas shall be dedicated to the Owners’ Association in conjunction with the approval of any final subdivision plat or site plan for lots that are adjacent to such Buffers or Passive Recreation Areas.  For the purposes of this Proffer 1E, the term “adjacent” shall refer to land located within the Property abutting or immediately across the street or road from any Buffers or Passive Recreation Areas, as shown on the final subdivision plat of such land.  The dedication of each portion of the Buffers or Passive Recreation Areas shall be completed prior to the issuance of certificates of occupancy for eighty percent (80%) of the adjacent lots.  Buffers and Passive Recreation Areas shall be maintained by the Owners’ Association. 

 

F.         District Park.  The Owner shall provide a district park (the “District Park”) adjacent to the Property as follows:

 

(1)        Dedication of Land.  Upon the request of the County, but in no event earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall convey without consideration to the County or its designee, subject to matters affecting title, land in fee simple for a public park of not less than Four Hundred Two (402) acres identified on Sheet 3 of the GDP as “Proposed District Park 402.6 AC.”  The Owner shall provide such right-of-way for road and utility service to the District Park as reasonably determined to be appropriate by the County Engineer no later than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property. 

 

(2)        Cash Contribution.  Upon the request of the County, but in no event earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall make a cash contribution to the County in the amount of Two Hundred Thousand Dollars ($200,000.00) for the purpose of funding a master plan for the District Park (the “Park Master Plan”).  If the Park Master Plan is completed for less than Two Hundred Thousand Dollars ($200,000.00), any remaining funds may be retained by the County and used to fund parks and recreation projects and improvements within the District Park.  If such cash contribution is not expended for the Park Master Plan within ten (10) years after the date of the contribution, then all unexpended funds may be used toward funding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5.

 

(3)        Road/Trail Link.  The Owner shall design and construct a link between the Mill Creek South neighborhood and the District Park consisting of (i) a trail over the right-of-way described in Proffer 6E built to the standard set forth on Sheet 5 of the GDP, (ii) a trail that continues southward from the trail described in subsection (i) to the northern boundary of the District Park built to the standard of a primitive trail as set forth in Table 6-5 of the Design Standards Manual (the trails described in (i) and (ii) hereof collectively referred to as the “Linking Trail”), and (iii) a road segment or segments within the Property linking the southern end of the Mill Creek South Connection Road (as such term is defined in Proffer 6E) to the District Park, including construction of a stream crossing permitting access to the District Park, in the locations and to the standards (including pedestrian and bicycle accommodations) shown on Sheet 4 of the GDP (the “Linking Road”). The Linking Trail shall be constructed by Owner prior to the issuance of the first building permit for any dwelling within Phase A, but not later than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property.  The Owner shall not be entitled to receive a building permit for any dwelling within Phase A nor the five hundredth (500th) certificate of occupancy within the Property until the portion of the Linking Road lying within Phase A shall have been accepted by VDOT for public use or bonded for construction.  Likewise, the Owner shall not be entitled to receive a building permit for any dwelling within Phase D nor the five hundredth (500th) certificate of occupancy within the Property until the portion of the Linking Road lying within Phase D shall have been accepted by VDOT for public use or bonded for construction.  The Owner’s obligation to construct the Linking Road shall be subject to the provisions of Proffer 6J.

 

G.        Championship Field.  Upon the request of the County, but not earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall convey without consideration to the County or its designee, subject to matters affecting title, for public use, no less than three (3) acres substantially in the location shown on Sheet 5 of the GDP as “Championship Field.”  For each dwelling unit constructed on the Property, the Owner shall contribute to the County Five Hundred Dollars ($500.00) cash, up to an aggregate maximum contribution of $1,550,000.00, for funding of design and construction of one or more soccer, lacrosse or other playing fields.  If such cash contribution is not expended for the design and construction of the playing fields within ten (10) years after the date of the issuance of the three thousandth (3,000th) certificate of occupancy within the Property, then all unexpended funds shall be used toward funding parks and recreation improvements located within the boundaries of Neighborhoods 4 and 5.  Any portion of the cash contribution provided in this Proffer 1G received after the design and construction of the playing fields is complete may be used toward repayment of any borrowed funds used to pay for the design and construction of the playing fields or, if none, then toward funding any public improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.

 

2.         Affordable Housing.  The Owner shall provide affordable housing, as defined in this Proffer 2, equal to fifteen percent (15%) of the total residential units constructed on the Property, in the form of for-sale condominiums and townhouses, and/or for-rent condominiums, townhouses, apartments and accessory units, or the equivalent as provided in Proffer 2C below.  If the Owner elects at its sole option to provide affordable for-sale single family detached units, such units shall be applied toward the 15% requirement.  The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under this Proffer 2, and the term “Owner” shall refer to such subsequent owner(s) and/or developer(s), as applicable. 

 

            A.        For-Sale Units.  At least forty percent (40%) of the total affordable housing dwelling units provided to satisfy this Proffer 2 shall be for-sale units; provided that such forty percent (40%) requirement shall apply to the Project as a whole and not to individual site plans and subdivision plats.

 

(1)        Affordability; Credit Thresholds.  For the purposes of this Proffer 2A, “affordable housing” shall mean units affordable to households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income; provided, however, that in no event shall the selling price for such affordable units be more than sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum sales price/loan limit for first-time homebuyer programs at the beginning of the 90-day period referenced in Proffer 2A(3) hereof (the “VHDA Limit”). 

 

(2)        Sale of Affordable Units.  All purchasers of the for-sale affordable units shall be approved by the Albemarle County Housing Office or its designee (the “Housing Office”).  At the proposed time of construction of any affordable unit, the Owner shall provide the Housing Office a period of one hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit.  The 180-day qualification period shall commence upon written notice from the Owner to the Housing Office of the approximate date the unit is expected to receive a certificate of occupancy from the County (the “Notice”).  Such Notice shall be given no more than ninety (90) days prior to the expected issuance of the certificate of occupancy, and the 180-day approval period shall extend no less than ninety (90) days after the issuance of the certificate of occupancy.  Nothing in this section 2(A)(2) shall prohibit the Housing Office from providing the Owner with information on income eligibility sufficient for the Owner to identify eligible purchasers of affordable units for approval by the Housing Office.  If, prior to the end of the 180-day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case, the Owner shall deliver a cash contribution to the Housing Office in the amount of $16,500 per unit, and, upon such delivery, the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 2A.  Notwithstanding the foregoing, the Housing Office may, any time after receipt of the Notice, opt to receive a cash contribution in the amount of $16,500 per unit and notify the Owner in writing of its decision, at which time the Owner shall promptly deliver such cash contribution to the Housing Office, and, upon such delivery, the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 2A.  This Proffer 2A shall apply only to the first sale of each of the for-sale affordable units.  

 

            B.         For-Rent Units.  No more than thirty percent (30%) of the total affordable housing dwelling units provided to satisfy this Proffer 2 may be for-rent apartments, and no more than thirty percent (30%) of the affordable housing dwelling units provided to satisfy this Proffer 2 may be accessory units; provided, in any case, that such thirty percent (30%) limits shall apply to the Project as a whole and not to individual site plans and subdivision plats.  For purposes of this Proffer 2B, “accessory units” shall include, without limitation, Accessory Apartments as defined in Albemarle County Code § 18-3.1, as regulated by the Albemarle County Code § 18-5.1.34, and any unit within a two-family dwelling as a two-family dwelling is defined in the Virginia Uniform Statewide Building Code.

 

(1)        Affordability; Rental Rates.  For the purposes of this Proffer 2B, “affordable housing” shall mean rental units for which the initial net rent does not exceed the then-current and applicable maximum net rent rate for an affordable housing unit as published by the Housing Office; provided that, in each subsequent calendar year, the monthly net rent for each for-rent affordable unit may be increased up to three percent (3%).  For purposes of this Proffer 2B, the term “net rent” means that the rent does not include tenant-paid utility costs. 

 

(2)        Term.  The requirement that the rents for such for-rent affordable units may not exceed the maximum rents established in this Proffer 2B shall apply for a period of five (5) years following the date the certificate of occupancy is issued by Albemarle County for each for-rent affordable unit, or until the units are sold as low or moderate cost units qualifying as such under either the Virginia Housing Development Authority, Farmers Home Administration, or Housing and Urban Development, Section 8, whichever comes first (the “Affordable Term”).

 

                        (3)        Conveyance of Interest.  All instruments conveying any interest in the for-rent affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this Proffer 2B.  In addition, all contracts pertaining to a conveyance of any for-rent affordable unit, or any part thereof, during the Affordable Term shall contain a complete disclosure of the restrictions and controls established by this Proffer 2B.  At least thirty (30) days prior to the conveyance of any interest (other than for the securing of a mortgage or deed of trust) in any for-rent affordable unit during the Affordable Term, the then-current owner shall notify the Albemarle County Chief of Housing in writing of the conveyance and provide the name, address and telephone number of the potential grantee, and state that the requirements of this Proffer 2B(3) have been satisfied.

 

                        (4)        Reporting Rental Rates.  During the Affordable Term, within thirty (30) days after the commencement of the lease term for each for-rent affordable unit, the Owner shall provide to the Housing Office a copy of the lease agreement for each such unit rented that shows the rental rate for such unit and the term of the lease.  In addition, during the Affordable Term, the Owner shall provide to Albemarle County, if requested, any reports, copies of lease agreements, or other data pertaining to rental rates as Albemarle County may reasonably require.

 

            C.        Credit for Off-Site Units and Design Services.  The Owner may fulfill up to one third (1/3) of its commitment to provide affordable housing under this Proffer 2 by providing cash or design services for the purpose of supporting redevelopment of the adjacent Southwood Mobile Home Park into a mixed-use development including low-income and/or workforce housing (the “Southwood Development”), which may be credited against the Owner’s obligations under this Proffer 2, all as more particularly provided in this Proffer 2C.

 

                        (1)        Credit for Cash Contributions to Off-Site Units. The Owner may receive credit against its obligations under this Proffer 2 for cash contributions intended to leverage the costs of affordable units within the Southwood Development in cooperation with other funding sources.  Each contribution hereunder of $16,500.00 shall be credited as the equivalent of providing one unit of affordable housing on the Property.  Cash contributions made hereunder shall be remitted to the Housing Office, which shall be responsible for disbursing the contributions to the owner or developer of the Southwood Development upon the presentation of one or more subdivision plats or site plans for low-income and/or workforce housing units in accordance with the purpose of this Proffer 2C.  In the event no such subdivision plat or site plan is presented by the time the Owner has fulfilled at least two thirds (2/3) of its commitment to provide affordable housing under this Proffer 2, then the Housing Office shall be authorized to disburse any cash contributions made under this Proffer 2C for the purpose of developing or redeveloping any housing located in the County of Albemarle that meets the County’s definition of affordable housing at such time.  Credit for any cash contribution hereunder shall be earned upon the delivery to the Housing Office of such contribution.  The Owner shall reference such contribution by amount and delivery date on any site plan or subdivision plat for the Property for which the Owner claims credit hereunder.

 

                        (2)        Credit for Design Services for Southwood.  The Owner may receive credit against its obligations under this Proffer 2 for the donation of design services for the Southwood Development valued at up to $500,000.00.  Each contribution hereunder of $16,500.00 in documented design costs shall be credited as the equivalent of providing one unit of affordable housing on the Property.  “Documented design costs” shall mean the reasonable and necessary cost of services of certified planners, architects, landscape architects, engineers, surveyors or other design professionals together with reasonable reimbursable costs (e.g., printing, travel) rendered to the Southwood Development for the purposes of this Proffer 2C, as evidenced by one or more paid, itemized invoices listing such costs.  The Owner shall also furnish copies of any accepted proposals for design services for the Southwood Development to the Housing Office.  Invoices for design services provided hereunder shall be directed to the Housing Office, and credit for contributions of design services hereunder shall be earned upon receipt from the Housing Office of written confirmation that the design costs described on such invoices are acceptable.  The Owner shall include a copy of such written confirmation with its application for approval of any site plan or subdivision plat for the Property for which the Owner claims credit hereunder, and shall reference such contribution on such site plan or subdivision plat.

 

            The aggregate number of off-site affordable units credited under this Proffer 2C shall not exceed five percent (5%) of the total units on the Property, which 5% limit shall apply to the Project as a whole and not to individual site plans and subdivision plats.  The Owner may “bank” such credits and apply them to site plans and subdivision plats for the Property at the Owner’s discretion without limitation on the number of credits applied to any particular plat or plan.

 

D.        Verification on Site Plans and Subdivision Plats.  Each subdivision plat and site plan for land within the Property (except for subdivisions that either (i) do not create lots or units for individual residential occupancy but rather divide the Property into large tracts to be further subdivided and developed by another party, or (ii) contain only for-sale single family detached units, unless the Owner elects to provide affordable single family detached units in such subdivision) shall identify the lots and/or units that will constitute affordable housing.  The total number of such lots or units designated for affordable units within each subdivision plat and site plan shall constitute a minimum of fifteen percent (15%) of the lots and units in such subdivision plat or site plan, subject to the credits provided in Proffer 2C.  Notwithstanding the foregoing, however, up to an additional fifteen percent (15%) affordable units on any site plan or subdivision plat which are in excess of the fifteen percent (15%) minimum required may be “banked,” or carried forward for credit on future site plans and subdivision plats.

 

E.         Phasing of Affordable Housing Units.   Before the Owner applies for a building permit for the 501st, 1,001st, 1,501st, 2,001st, 2,501st and 3,001st dwelling units on the Property (each, a “Milestone”), the Owner shall, in each case, have offered for sale or rent as provided in Proffers 2A and 2B, respectively, a minimum of fifty (50) affordable housing units since the immediately previous Milestone (if any) was reached, subject to the credits provided in Proffer 2C.

 

3.         Learning Center Site.  Within twenty-four (24) months after request by the County, but in no event earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall convey without consideration to the County or its designee, subject to matters affecting title, a parcel of land for a public learning center or elementary school site of not less than twelve (12) acres abutting a publicly-dedicated right-of-way, as shown on Sheet 2 of the GDP and labeled “Learning Center”, together with appropriate right-of-way for utility service to the Learning Center (the “Learning Center Site”).  The Owner shall cause the Learning Center Site to be graded and compacted to a minimum of 95% compaction as measured by a standard Proctor test with suitable material for building construction as certified by a professional engineer or as otherwise approved by the County Engineer to establish a fully graded pad site to accommodate an elementary school.  The Owner may grade the Learning Center Site either in conjunction with construction of the Connector Road described in Proffer 6D below or at such later time as may be specified by the County.  The Owner shall prepare a subdivision plat or site plan for the Learning Center Site that shall reflect sidewalks at the perimeter of the Learning Center Site which shall be installed by the Owner within six (6) months after the County’s request therefor, but in no event earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property.  The Owner shall provide all utilities to the boundary of the Learning Center Site and provide storm water management facilities on the Property for use by the Learning Center Site so that no permanent storm water measures will be required on the Learning Center Site.  Dedication of the Learning Center Site shall include easements across the Owner’s land for access to and use of such storm water facilities, temporary easements as necessary for constructing the Learning Center and temporary easements necessary to allow storm water facilities to be redesigned and enlarged, if necessary, to accommodate storm water from the Learning Center Site.  The Learning Center Site may be used as an elementary school site, but if the County determines that the Learning Center Site will not be used as an elementary school site, it shall be used by the County for educational or recreational purposes serving both the Biscuit Run community and the region, which may include but is not limited to use as a community park (in which case the Owner shall not be obligated to grade the site). 

 

4.         Overlot Grading Plan.  The Owner shall submit with the application for each subdivision plat of lots for use as single family detached or single family attached dwelling units on the Property an overlot grading plan meeting the requirements of this Proffer 4 (hereinafter, the “Grading Plan”).  The Grading Plan shall show existing topographic features to be considered in the development of the proposed subdivision and proposed final grades.  The Grading Plan shall be approved by the County Engineer prior to final approval of the associated subdivision plat.  The subdivision lots shall be graded as shown on the approved Grading Plan.  No certificate of occupancy shall be issued for any dwelling on a lot where the County Engineer has determined the lot is not graded consistent with the approved Grading Plan.  Each Grading Plan shall satisfy the following:

 

            A.        The Grading Plan shall show all proposed streets, building sites, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verify that the Grading Plan satisfies the requirements of this Proffer 4.

 

B.         The Grading Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet.

 

C.        All proposed grading shall be shown with contour intervals not greater than two (2) feet.  All concentrated surface drainage over lots shall be clearly shown with the proposed grading.  All proposed grading shall be designed to assure that surface drainage can provide adequate protection from the flooding of dwellings in the event a storm sewer fails.

 

D.        Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1).  Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the Program Authority, as such term is defined in § 17-104(37) of the Albemarle County Code (the “Program Authority”) in its approval of an erosion and sediment control plan for the land disturbing activity.  These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2:1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts.

 

            E.         Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. 

 

            F.         No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it.

 

            G.        All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site.

 

            H.        The Grading Plan shall demonstrate that driveways to lots will not be steeper than twenty (20) percent unless certified by an engineer that the driveway at the proposed steepness would be safe and convenient for vehicles (including emergency vehicles) to use the driveway, and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street.  Additionally, the driveway grading shall provide an area in front of the proposed garage, or, where no garage is proposed, an area for vehicle parking, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent.   

 

I.          The Grading Plan shall demonstrate that, for any dwelling not served by a front stair, an area at least ten (10) feet in width (or to the lot line if it is less than (10) feet) abutting the façade of the proposed structure that faces the street and provides pedestrian access to adjacent public sidewalks, has grades no steeper than ten percent (10%).  This graded area also shall extend from the entrance of the dwelling to the driveways or walkways connecting the dwelling to the street.

 

J.          Any requirement of this Proffer 4 may be waived by the County Engineer by submitting a waiver request with the preliminary subdivision plat.  If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer’s report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the County Engineer; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.  In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree.  In approving a waiver, the County Engineer shall find that compliance with the requirement of this Proffer 4 for which a waiver is requested would not forward the purposes of the County’s Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Property, and to the land adjacent thereto.

 

K.        The Owner may request that a Grading Plan be amended at any time.  All amendments shall be subject to review and approval by of the County Engineer. 

                                                                                        

5.         Critical Slopes, Erosion and Sediment Control and Stormwater Management

 

A.        Critical Slopes.  The Owner shall apply for critical slope waivers for any roads located in critical slopes governed by § 18-4.2 et seq. of the Albemarle County Code.  

 

B.         Erosion and Sediment Control.  The Owner shall, to the maximum extent practicable, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80%) for the Property as determined by the Program Authority.  (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.)

 

C.        Stormwater Management.  The Owner shall, to the maximum extent practicable, provide additional stormwater management to achieve a removal rate 20% better than would otherwise be required by the Water Protection Ordinance (Albemarle County Code § 17-100 et seq.), as determined by the Program Authority, up to a maximum of eighty percent (80%) removal rate for each Phase.

 

6.         Transportation Improvements.

 

A.        Off-Site Traffic Signals.  Upon determination by the Virginia Department of Transportation (“VDOT”), based on one or more traffic signal warrant analyses, that the following traffic signals are warranted, but not before the date of issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall proceed to design and install the warranted traffic signals (including necessary and related improvements to the intersection) at each of the following two (2) intersections in Albemarle County in accordance with the terms of this Proffer 6A: (i) 5th Street Extended and Sunset Avenue, shown as (4) on Exhibit A attached hereto, and (ii) Scottsville Road (Rt. 20) and Avon Street Extended, shown as (5) on Exhibit B attached hereto. Within ninety (90) days after receipt of the warrant analyses supporting the signal improvements, the Owner shall submit proposed traffic signal designs for the warranted traffic signals to VDOT.  The Owner shall then install the traffic signals within six (6) months after approval by VDOT of the designs for the traffic signals.  The Owner shall cooperate with VDOT to obtain, without cost to the Owner, adequate right-of-way and easements as necessary for installation and maintenance of the traffic signals.  In the event all contingencies to this Proffer 6A have not been satisfied within twenty (20) years after the date of the issuance of the first residential building permit within the Property then this Proffer 6(A) shall expire and Owner shall have no further obligation to make this Proffer 6A.

 

            B.         Off-Site Turn Lanes.  At the northern intersection of 5th Street and the Interstate 64 ramps in Albemarle County shown as (1) on Exhibit A attached hereto, the Owner shall construct one southbound right turn lane (turning from southbound 5th Street onto the westbound I-64 entrance ramp) and one westbound right turn lane (turning from the westbound I-64 exit ramp onto northbound 5th Street), in accordance with the terms of this Proffer 6B.  In addition, at the southern intersection of 5th Street and the Interstate 64 ramps shown as (2) on Exhibit A, the Owner shall construct one northbound right turn lane (turning from northbound 5th Street onto the eastbound I-64 entrance ramp) and one eastbound right turn lane (turning from the eastbound I-64 exit ramp onto 5th Street southbound), in accordance with the terms of this Proffer 6B.  The locations of the proffered lanes are shown on Exhibit A for reference.  The Owner’s obligations to construct the turn lanes provided in this Proffer 6B shall be contingent on provision by VDOT of appropriate right-of-way for such lanes.  The Owner shall cooperate with VDOT to obtain, without cost to the Owner, adequate right-of-way and easements as necessary for installation and maintenance of the traffic signals.  The geometrics of all turn lanes shall be subject to prior approval by VDOT.  Subject to the foregoing contingencies, the turn lanes shall be installed no earlier than the date of issuance of the five hundredth (500th) certificate of occupancy within the Property.  In the event all contingencies to this Proffer 6B have not been satisfied within twenty (20) years after the date of the issuance of the first residential building permit within the Property then this Proffer 6B shall expire and Owner shall have no further obligation to make this Proffer 6B.

 

C.        Cash Proffer for Off-Site Transportation Improvements and Other Area Transportation Projects.  For each dwelling unit constructed on the Property, the Owner shall contribute to Albemarle County Three Thousand Dollars ($3,000.00) cash, up to an aggregate maximum contribution of Nine Million Three Hundred Thousand Dollars ($9,300,000.00), toward funding of any transportation improvements as determined by the County, including, without limitation: (i) signal improvements at Avon Street and Southern Parkway; (ii) signal improvements on Old Lynchburg Road at State Route 631 and 5th Street; (iii) installation of signals at Scottsville Road (Rt. 20) and I-64; (iv) lane addition on Old Lynchburg Road at the intersection of Old Lynchburg Road and Country Green Road; (v) lane addition on Old Lynchburg Road at the intersection of Old Lynchburg Road and Mountainwood Road; (vi) lane addition on Scottsville Road (Rt. 20) at the intersection of Scottsville Road (Rt. 20) and PVCC; (vii) lane addition and bridge expansion on 5th Street at the intersection of I-64 and 5th Street, (viii) bicycle lanes on Old Lynchburg Road (2-lane section), and/or on Scottsville Road (Rt. 20) and Avon Street; (ix) spot improvements for Scottsville Road (Rt. 20) and Old Lynchburg Road, (x) widening of Scottsville Road (Rt. 20), and (xi) construction of a Fontaine/Sunset Connector as contemplated in the “Southern Urban Area B Study Final Report” dated September 10, 2004.  The payments required by this Proffer 6C shall be made as follows: upon the issuance of the certificate of occupancy for the five hundredth (500th) residential dwelling on the Property, the Owner shall pay One Million Five Hundred Thousand Dollars ($1,500,000.00) to the County (the “Lump Payment”).  After the Lump Payment is paid, the residue of the cash contribution required by this Proffer 6C shall be paid in increments of Three Thousand Dollars ($3,000.00) for each dwelling unit at the time of the issuance of the building permit for such dwelling unit.  If the cash contribution provided in this Proffer 6C is not expended within ten (10) years after the date of the issuance of the three thousandth (3,000th) certificate of occupancy within the Property, then all unexpended funds may be used toward funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.  Any portion of the cash contribution provided in this Proffer 6C received after a transportation improvement to which such funds may be directed hereunder is complete may be used toward repayment of any borrowed funds used to pay for such improvement or, if none, then toward funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.

 

D.        Connector Road; Southwood Contribution.  The Owner shall design, construct and dedicate to public use a connecting road between Scottsville Road (Rt. 20) and Old Lynchburg Road, including one (1) stream crossing, in the location and to the standards (including pedestrian and bicycle accommodations) shown on Sheet 4 of the GDP (the “Connector Road”), including dedication of related drainage, slope and utility easements.  Street and parking lane widths for the Connector Road may be reduced if allowed by VDOT and approved by the County Director of Community Development.  As part of its obligations under this Proffer 6D, the Owner shall be responsible for acquisition of necessary right-of-way between the Property and Old Lynchburg Road through the Southwood Development, as defined in Proffer 2C (the “Southwood Section”).  The design of the Southwood Section shall be coordinated with the developer of the Southwood Development and subject to prior approval by VDOT.  The Owner shall not be entitled to receive any building permit for a dwelling within Phase B nor the 500th certificate of occupancy within the Property until the Southwood Section and the portion of the Connector Road lying within Phase B have been completed, as conclusively evidenced by Base Paving of the Southwood Section.  For the purpose of this Proffer 6, “Base Paving” is defined as the first coat of a two-coat asphalt paving process.  The Owner shall not be entitled to receive any building permit for a dwelling within Phase A nor the 500th certificate of occupancy within the Property until the portion of the Connector Road lying within Phase A has been completed, as conclusively evidenced by Base Paving of such portion.  In the event the County determines to relocate the intersection between the Connector Road and Old Lynchburg Road, then the Owner’s obligation to construct the Connector Road in accordance with this Proffer 6D shall be tolled during the period between the date the County advises the Owner of its desire to relocate such intersection and the date that the County and the owner of the Southwood Development agree in writing on the revised location of such intersection. 

 

E.         Mill Creek South Connection.  In conjunction with the approval of any final subdivision plat or site plan for lots abutting such connection, but in no event later than the issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall dedicate right-of-way sufficient for future vehicular connection, as reasonably determined by the County Director of Community Development, from the pedestrian and street network within the Property to the common boundary with Mill Creek South, substantially in the location depicted on Sheet 4 of the GDP (the “Mill Creek South Connection Road”).  The right-of-way shall be used for bicycle, pedestrian and emergency access to the Property over the Linking Trail described in Proffer 1F(3) until such time as the Albemarle County Board of Supervisors determines vehicular connection is required.  Contingent on the provision, without cost to the Owner, of adequate right-of-way and easements as necessary for construction and maintenance of the off-site portion of Mill Creek South Connection Road, and upon the request of the County, but in no event earlier than the issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall construct the Mill Creek South Connection Road to the standards approved by the County at such time.  In the event all contingencies to this Proffer 6E have not been satisfied within twenty-five (25) years after the date of the issuance of the first residential building permit within the Property, then this Proffer 6E shall expire and Owner shall have no further obligation to make this Proffer 6E.

 

F.         ITS Improvements.   The Owner shall contribute cash in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) to the County for use by the County and the City of Charlottesville for communication and signal timing improvements at locations to be agreed upon by the County and the City of Charlottesville.  The cash contribution shall be made to the County or its designee within twelve (12) months after recordation of the first subdivision plat creating lots or units for individual residential occupancy within the Property.  If the cash contribution provided in this Proffer 6F has not been exhausted by the County for the stated purpose within ten (10) years after the date of the issuance of the first residential building permit within the Property, then all unexpended funds may be used towards funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.

 

G.        Improvements to Old Lynchburg Road (City Section).  For each dwelling unit constructed on the Property, the Owner shall contribute Five Hundred Dollars ($500.00) cash, up to an aggregate maximum contribution of One Million Five Hundred Fifty Thousand Dollars ($1,550,000.00), to the County or its designee for funding construction of improvements to Old Lynchburg Road within the City of Charlottesville.  The cash contribution for each dwelling unit shall be paid at the time of the issuance of the building permit for such dwelling unit.  If the cash contribution provided in this Proffer 6G is not expended within ten (10) years after the date of the issuance of the three thousandth (3,000th) certificate of occupancy within the Property, then all unexpended funds may be used toward funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.  Any portion of the cash contribution provided in this Proffer 6G received after a transportation improvement to which such funds may be directed hereunder is complete may be used toward repayment of any borrowed funds used to pay for such improvement or, if none, then toward funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.         

 

H.        Frontage Improvements.  Contemporaneously with, and as part of, frontage improvements along Scottsville Road (Rt. 20) and Old Lynchburg Road required in connection with any subdivision plat or site plan for the Property, the Owner shall construct such spot improvements to the horizontal alignment, vertical alignment and cross-section of Scottsville Road (Rt. 20) and Old Lynchburg Road as reasonably necessary to provide safe and convenient access to Biscuit Run; provided, however, that the Owner’s responsibility under this Proffer 6H shall be limited to the extent of the Property’s frontage only, and shall be contingent, as applicable, on provision of adequate off-site right of way and easements without expense to the Owner.

 

I.          Stream Crossings.  The Owner shall construct three (3) stream crossings in the locations shown on Sheet 4 of the GDP (the “Stream Crossings”).  The Stream Crossings shall be designed and constructed to span the stream and adjacent floodway.  The Stream Crossings shall be constructed at the time the adjacent roadway is constructed.

 

J.          Satisfaction of Proffer.  Regardless of whether a road improvement described in this Proffer 6 or in Proffer 1F(3) has been accepted by VDOT for public use, no building permit, certificate of occupancy or other County approval shall be denied due to noncompliance with any obligation of this Proffer 6 that relates to completion of a public road improvement so long as (i) plans for such road improvement have been approved by VDOT and (ii) sufficient bond has been supplied to satisfy all costs to complete such road improvement in accordance with such plans and the requirements for acceptance into the secondary system of state highways, and (iii) construction of such road improvement has begun and has not been discontinued for more than one hundred eighty (180) days; provided, however, that the Owner shall not be relieved of its obligation under this Proffer 6 to complete such road improvement for acceptance by VDOT.

 

7.         Transit.

 

            A.        Cash Contribution.  The Owner shall contribute cash in the amount of One Million Dollars ($1,000,000.00) to the County or its designee (which may include a regional transit authority) to be used for capital and/or operating expenses related to the extension of public transit service to the Property and its surrounding area.  Such cash contribution may also be used towards the formation, capitalization and operation of a regional transit authority whose service area includes the Property.  The cash contribution shall be made to the County or its designee within twelve (12) months after recordation of the first subdivision plat creating lots or units for individual residential occupancy within the Property.  If the cash contribution provided in this Proffer 7A has not been exhausted by the County for the stated purposes within eighteen (18) months after the date of the issuance of the first residential building permit within the Property, then all unexpended funds may be used towards funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.

 

B.         Transit Stops.  The Owner shall construct six (6) public bus stops, including design, construction and dedication of related improvements such as turnoffs, benches, shelters and lighting, all substantially in accordance with Sheet 4A of the GDP and the COD, modified as necessary by the County Department of Community Development to facilitate efficient transit service to the Property.  One of the transit stops may, at the County’s option, include a “kiss and ride” facility consisting of no less than eight (8) temporary parking spaces for the discharge and retrieval of transit passengers by private vehicles together with a sheltered passenger waiting area and bus pull-off.  Construction and dedication to public use of each transit stop shall occur in conjunction with the construction and dedication of the adjacent road section.

 

            C.        Park and Ride Lot.  The Owner shall provide a paved parking area on the Property consisting of no less than twenty (20) spaces within Block 2 (as shown on Sheet 2 of the GDP) for temporary use by commuters accessing transit, trails or carpools (the “Park and Ride Lot”).  Construction of the Park and Ride Lot shall occur in conjunction with the construction and dedication of the adjacent road section or, if the Park and Ride Lot is constructed within a parking area for another use (e.g., a grocery store), then the Park and Ride Lot shall be constructed in conjunction with such use.

 

D.        Car Sharing Service.  The Owner shall provide three (3) parking spaces on the Property for location of car sharing vehicles (e.g., Zipcar vehicles), the locations of which shall be determined in cooperation with the County Department of Community Development and provided in conjunction with the construction and dedication of the adjacent road section.

 

E.         Permanent Transit Service.  The Owner shall provide transit service between the Property and the City of Charlottesville Downtown Transit Station at 615 East Water Street (or such other location as may be determined by the Owners’ Association) in accordance with this Proffer 7E.  The transit service shall commence as a private transit service no later than the date of issuance of the certificate of occupancy for the seven hundred fiftieth (750th) residential dwelling on the Property, shall run during weekday morning and evening commuting hours (at a minimum), and shall continue for ten (10) years or until the earlier provision of public transit service to the Property.  Funding for the transit service described in this Proffer 7E shall be provided through assessments administered by the Owners’ Association of Five Dollars ($5.00) per residential unit per month, increased from time to time at the same rate of increase as the Owners’ Association’s regular assessment (the “Transit Assessment”).  In the event that public transit service is provided to the Property earlier than ten (10) years after commencement of private transit service, and for so long as public transit service is provided to the Property, the Transit Assessment shall be periodically paid over to the County of Albemarle for use toward capital and/or operating expenses (not including maintenance of public facilities owned in fee by a public entity) related to the provision of public transit service to the Property and its surrounding areas.

 

8.         Phasing of Retail Development.  Prior to the issuance of a building permit for the five hundredth (500th) dwelling unit within the Property, the aggregate gross retail space within the Property shall not exceed seventy-five thousand (75,000) square feet.  Prior to the issuance of a building permit for the one thousandth (1,000th) dwelling unit within the Property, the aggregate retail space within the Property shall not exceed one hundred twenty-five thousand (125,000) square feet.  “Retail space” as used in this Proffer 8 shall not be deemed to include any office space or health, wellness and fitness facilities.

 

9.         Library Contribution.  No later than the issuance of the five hundredth (500th) certificate of occupancy within the Property, the Owner shall contribute cash in the amount of Five Hundred Thousand Dollars ($500,000.00) to the County to be used toward construction of a new regional library branch serving the Property, or toward improvements to one or more existing regional library facilities serving the Property. 

 

10.       Historic Preservation.  Prior to commencing land disturbance within any area depicted in red on Exhibit C hereto (collectively, the “Potential Resource Sites”), the following investigations shall be made as indicated: (a) for Potential Resource Sites labeled as “Phase I Survey” on Exhibit C, systematic shovel testing of low relief landforms with archeological potential that will be impacted by the proposed development, and (b) for Potential Resource Sites labeled as “Archeological Reconnaissance” on Exhibit C, pedestrian survey and visual inspection of various crossings and shovel testing when determined necessary by the archeologists conducting the investigation.  Each such investigation shall comply with the standards and procedures set forth in Exhibit D hereto.  In addition, in the event that any human remains are encountered in the course of conducting any investigation in accordance with this Proffer 10, no land disturbance shall proceed in the affected area until delivery of evidence to the County that all applicable regulations regarding the disturbance or removal of such remains have been complied with, or that avoidance can be achieved.

 

11.       Green Building. 

 

A.        Residential.  Not less than ten percent (10%) of the dwelling units constructed on the Property shall be rated a minimum of “Certified” under the U.S. Green Building Council’s LEED for Homes Pilot Rating System, Version 1.11a (January 2007) or the LEED-NC Green Building Rating System for New Construction and Major Renovations, Version 2.2 (October 2005), as applicable (collectively, the “LEED Compliant Dwellings”).  Prior to issuance of building permits for the 1001st, 1501st, 2001st, 2501st and 3001st dwelling units on the Property, the Owner shall, in each case, demonstrate to the County Director of Community Development’s satisfaction that a minimum of ten percent (10%) of dwelling units constructed on the Property to date are certified as LEED Compliant Dwellings or are eligible to receive such certification.   

 

B.         Commercial.  Not less than fifty thousand (50,000) square feet of the commercial square footage located within Block 2 as shown on Sheet 2 of the GDP (“Block 2”) shall be rated a minimum of “Certified” (or demonstrated to the County Director of Community Development’s satisfaction to be eligible to receive such certification) under the LEED-NC Green Building Rating System for New Construction and Major Renovations, Version 2.2 (October 2005) or the LEED Green Building Rating System for Core & Shell Development, Version 2.0 (July 2006), as applicable (collectively, the “LEED Compliant Commercial Space”).  For each commercial building containing LEED Compliant Commercial Space, the Owner shall post a performance bond in favor of the County in the amount of $50,000.00 which shall be released to the Owner upon third party determination that such building is constructed to the minimum standard provided in this Proffer 11B.  If the owner fails to achieve such minimum standard within one (1) year after issuance of the certificate of occupancy for such building, then the bond shall be released to the County.

 

12.       Fire and Rescue.  No later than the date of issuance of the seven hundred fiftieth (750th) certificate of occupancy within the Property, the Owner shall contribute to the County cash in the amount of Eight Hundred Seventy-Five Thousand Dollars ($875,000.00) to be used toward the purchase of a fire engine and an ambulance serving the Property and its surrounding area.  If the cash contribution provided in this Proffer 12 has not been exhausted by the County for the stated purposes within ten (10) years after the date of the issuance of the three thousandth (3,000th) certificate of occupancy within the Property, then all unexpended funds may be used towards funding any improvements listed on the County’s adopted capital improvement program and located within the boundaries of Neighborhoods 4 and 5.

 

13.       Annual Adjustment of Cash Proffers.  Beginning January 1, 2009, the amount of each cash contribution, including any aggregate maximum contribution, required herein shall be adjusted annually until paid to reflect the increase, if any, in the Consumer Price Index for All Urban Consumers, United States City Average, All Items (1982-84 = 100) issued by the Bureau of Labor Statistics of the United States Department of Labor (the “CPI”).  The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the annual CPI for the immediately-preceding year, and the denominator of which shall be the annual CPI for the year prior to the immediately-preceding year.  For each cash contribution that is paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year.

 

14.       Landscape Plan for Entrance Corridor Buffers.  Prior to approval of the first final site plan within Block 2 or Block 3 as depicted on Sheet 2 of the GDP (the “Eastern Blocks”), a landscape plan meeting the requirements of County Code §§ 18-32.7.9.4 and 18-30.6.4 and reflecting the general intent of the Buffers set out on page 40 of the COD (the “Landscape Plan”) shall be submitted to the County Architectural Review Board (the “ARB”) for the portions of the Buffers shown on Sheet 5 of the GDP that abut Scottsville Road (Rt. 20).  Prior to approval of the first final site plan within Block 10, Block 15 or Block 16 as depicted on Sheet 2 of the GDP (the “Western Blocks”), a Landscape Plan shall be submitted to the ARB for the portions of the Buffers shown on Sheet 5 of the GDP that abut Old Lynchburg Road.  The ARB shall review each Landscape Plan and, when satisfied that it complies with County Code §§ 18-32.7.9.4 and 18-30.6.4 and page 40 of the COD, shall issue a certificate of appropriateness for the Landscape Plan.  Receipt of such certificate of appropriateness shall be a condition of final site plan approval for the first site plan within the Eastern Blocks and the Western Blocks, respectively.  The Owner shall install landscaping in accordance with the approved Landscaping Plans within one (1) year after issuance of the certificate of appropriateness for the applicable Landscape Plan.  The Owner shall be responsible for maintaining the landscaping provided in the approved Landscaping Plans until such time as the Buffers are conveyed to the Owners’ Association, whereupon the Owners’ Association shall be responsible for all maintenance of the landscaping.

 

Attachments:

Exhibit A – Diagram showing proffered signals and turn lanes on OLR/64 and Sunset

Exhibit B – Diagram showing proffered signal at Avon/Rt. 20

Exhibit C – Dutton Associates historic resource map

Exhibit D – Dutton Associates proposal

 

 

[SIGNATURE PAGE FOLLOWS.]
 

            Witness the following duly authorized signatures:

 

 

______________________________            Date:  ______________________

Elizabeth Lancaster Breeden

981 Old Lynchburg Road

Charlottesville, Virginia  22903

 

 

BISCUIT RUN, LLC,

a Virginia limited liability company

981 Old Lynchburg Road

Charlottesville, Virginia  22903

 

 

By:  ____________________________         Date:  ______________________

            Elizabeth L. Breeden, Manager

 

 

________________________________        Date:  ______________________

John M. Atkinson, Trustee of the

Forest Lodge Land Trust

9218 Centreville Road

Manassas, Virginia 20110

 

 

________________________________        Date:  ______________________

Sue B. Minor, Trustee of the

Forest Lodge Land Trust

1017 Forest Lodge Lane

Charlottesville, Virginia  22901

 

 

FOREST LODGE, LLC,

a Virginia limited liability company

 

By:       FOREST LODGE MANAGEMENT, LLC

a Virginia limited liability company,

its sole Manager

 

By:  _______________________________               Date:  ________________________

                        Steven W. Blaine, Manager’s Agent

                        LeClair Ryan

                        123 East Main Street, 8th Floor

                        Charlottesville, Virginia  22902