Original Proffer _____

Amended Proffer _X___

(Amendment # __2___)


Date: 3-13-07, revised 5/29/07

ZMA # 2006-021

Tax Map and Parcel Number(s) 78B-03-1


Original Rezoning ZMA-00-69 and ZMA 00-70

0.167 Acres to be rezoned from R10 to R15 with Special Use


Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request.



1).  See attached “Avemore Proffers” A through K, on Pages 1 - 4



Signature of All Owner             Printed Names of Owners                                 Date

Avemore Apartments, LP

By Avemore Investment Corp., G.P

_______________________              John G. Desmond                                             5/29/07


Avemore, LLC, By Stonehaus, Inc.


_______________________              John G. Desmond                                             5/29/07



Avemore Proffers


The applicant’s objective with this development is to provide a compact, high-density residential development with a variety of housing types and environmental and developmental amenities.  Facilities for appropriate and complementary professional and retail services will be located within the development. With design features such as sidewalks, a central green, a community clubhouse, walking trails and preservation of open space, the development is intended to be sensitive to the natural characteristics of the site and to the surrounding areas, to provide an improved level of amenities, and to promote economical and efficient land use and appropriate and harmonious physical development, in order to accomplish a design in keeping with the goals and objectives of the County’s Comprehensive Plan.  The development will be a premier residential community and will reflect the applicant’s commitment to providing high quality and attractive architectural design.


In connection with the applicant’s rezoning application, the following proffers are made:


A.        The Conceptual Development Plan dated 12/18/06, last revised 4/23/07 (the “Plan”), attached hereto as Exhibit A1, is proffered.  All improvements shown on the Plan will be installed upon completion of all phases of construction.  The character of the development will be in general accord with the form and character that is suggested by and is compatible with the proposed building elevations attached as the exhibits listed below.  Modifications to the elevations shown on the attached exhibits which are either suggested by or required by the Albemarle County Architectural Review Board will be deemed to be in “general accord.”


                                                            Exhibit B          “Shops,” dated 12-15-00

                                                            Exhibit C          “Apartments,” dated 12-15-00

                                                            Exhibit D          “Garages,” dated 12-15-00

                                                            Exhibit E           “Townhomes,” dated 12-15-00

                                                            Exhibit F           “Clubhouse,” dated 12-15-00


B.         Commercial buildings will have two (2) street facades (each with at least one street-level entrance), facing both Fontana Drive and Avemore Lane.


C.        In satisfaction of the recreation facility requirements set forth in Section 4.16 of the County Zoning Ordinance and in order to better meet the needs of the residents of Avemore, the following amenities are proffered:


(1)        The Village Green will be surrounded by a hedge.  Large variety trees, 2.5 inches in caliper or larger and of a species common to the area, will be located every 40 feet on center between the hedge and the travelway surrounding the Village Green.  There will be access points to the Village Green at each of the four corners, each of which will consist of one (1) gateway flanked by two (2) brick corners.  The hedge will be at least 24"
high at planting, and the gates and brick corners will be approximately 32" high.  At least three (3) benches will be provided in the Village Green.  The Village Green improvements will be built in conjunction with the construction of the townhouse section phase of the development.



(2)        In addition to the Village Green, outdoor recreation facilities will consist of at least three (3) tot lots to be placed in the approximate locations shown on the Plan [reference 4.16.2].


(3)        The community clubhouse will contain an outdoor swimming pool, indoor fitness center, community room, business center, and leasing and management office for the development.  At least two outdoor (2) picnic table and at least two (2) outdoor grills will be provided in the area adjacent to the creek behind the clubhouse.


The Director of Planning may determine that substitutions of recreation facilities are in general accord with this proffer and in satisfaction of the minimum requirements of Section


D.        The applicant agrees to participate in the development of a regional SWM/BMP facility in lieu of any requirement that it develop on-site SWM/BMP facilities for the Avemore development.


(1)        The regional SWM/BMP facility will be designed and sized to provide a standing pool with a water quality volume equal to approximately 92,100 cubic feet at the approximate location shown on the Plan.


(2)        The regional SWM/BMP facility meeting the above design requirements shall fulfill the Avemore development’s  requirement for stormwater quantity and quality for all portions of the development draining to the facility.  Any portion not draining to the facility will have to meet the stormwater quantity and quality requirements by means of a separate stormwater management plan.


(3)        The regional SWM/BMP facility will be constructed by the applicant, at its initial expense, during the first phase of Avemore construction, and will be completed prior to the issuance of permits for additional phases.


(4)        The engineering design of the regional SWM/BMP facility will be subject to final engineering and site plan approval by Albemarle County’s Department of Engineering.  The Department of Engineering will have the right to reduce the design parameters outlined in this Item D if hydrology characteristics, hydraulic engineering, geotechnical engineering or topographic conditions dictate a modified design.


(5)        The proffer set forth in this Item D is contingent on the availability of contiguous off-site property and the cooperation of the owners of such off-site property in providing the necessary dedication of such property for the purposes of construction and maintenance of the SWM/BMP facility.  The off-site land will be dedicated under terms satisfactory to the applicant and the County prior to issuance of a grading permit for Avemore.


(6)        In the event that the applicant determines that the regional SWM/BMP facility is not feasible under the terms and conditions outlined in this Item D, the applicant in its sole discretion shall have the right to construct on-site SWM/BMP improvements to satisfy County water quality and water quantity requirements.  In such event, the proffers set forth in this Item D shall be null and void.


E.         Applicant will acquire sufficient right-of-way, as determined by the County of Albemarle Engineer, for a private, urban cross-section connector road that will be constructed to VDOT Mountainous Terrain Standards.  Such right-of-way will commence at the round-about/parking area at the northeastern corner of the development, in the general area shown on the Plan as “Reserved  for Private Street Connection (24' Pavement Maximum),” and will terminate at Olympia Drive.  This right-of-way will be platted prior to approval of a site plan for the Avemore development.


In conjunction with the construction of the phase closest to the area shown on the Plan as “Reserved for Private Street Connection,” the applicant will either construct the connector road or bond with the County for the construction of the connector road. This bond will be held until the completion of the connector road; provided, however, that if Olympia Drive is not extended to a point where the connector road can be completed within 15 years, the bond will be returned to the applicant, with interest. 


F.         Upon construction or widening of Fontana Drive, the applicant will construct a four foot (4') wide, concrete sidewalk along Fontana Drive, between Avemore Boulevard and State Route 20. 


G.        Internal walking paths will be five feet (5') wide and will be paved in asphalt. 


H.        Prior to site plan approval for phase 1 of Avemore, the applicant will dedicate to public use an eight foot (8') wide right-of-way for the construction, maintenance and repair of a sidewalk across Wilton Lots 16A, 16B, 17-1, 17-2 and 17-3, along the common boundary of such lots with State Route 20.


I.          The applicant will provide sufficient right-of-way in the area between Wilton Farm Road and State Route 20 necessary to facilitate the construction of a second left-turn lane from Fontana Drive onto State Route 20, provided that such right-of-way will not create a zoning violation for any existing improvements along the path of such new right-of-way.  This right-of-way will be provided at the time the Avemore road plan is approved by Albemarle County.


J.          The Open Space shown on the plan along the shared common boundary with lots 1 through 10, Fontana, Phase 1, will consist of (i) a forty foot (40') buffer which will not be disturbed during construction and (ii) a seventy foot (70') building set back.


K.        The applicant will contribute the lesser of (i) 50% of the cost of installing a traffic signal at the intersection of Fontana Drive and State Route 20 or (ii) $50,000, such sum to be applied only to the cost of installing such traffic signal.  If the County obtains full funding for such traffic signal from other sources and the applicant is not required to contribute toward the cost of such signal, the applicant agrees that its contribution may be applied instead toward the portion of the Route 20 improvement project in the area between Fontana Drive and U.S. Route 250.  Such payment will be made by the applicant at the later to occur of (x) the installation of such traffic signal (or installation of the Route 20 improvements, as the case may be) or (y) the issuance of the first building permit for the Avemore development.  This item has been satisfied.


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