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Home My WebLink AboutZMA201500005 Action Letter Zoning Map Amendment 2015-10-23COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 23, 2015 Justin Shimp, P.E. 201 E. Main St., Suite M Charlottesville, Va. 22902 RE: ZMA201500005 Out of Bounds Dear Mr. Shimp: On September 2, 2105 the Board of Supervisors took action on your Zoning Map Amendment application to amend the proffers, application plan, and code of development for approved ZMA201200003 Out of Bounds on TMP 06000000006500 in the Jack Jouett District. The Zoning Map Amendment permit was approved by the Board's adoption of the attached ordinance and proffers. In addition, the Board of Supervisors adopted the attached resolution for a sidewalk and planting strip modification. This approval is based on the attached condition. Before beginning uses as allowed by this special use permit or if you have questions regarding the above - noted action, please contact Rebecca Ragsdale at (434) 296-5832. Sincerely, okvv David Benish (Acting) Director of Planning cc: Sielewicz, Joyce W Trustee; Joyce W Sielewicz Rev Trust P O Box 572 Newport, NH. 03773-0572 *Attachment* Original Proffers Amendment X Date of Original Proffer: Date of Proffer Amendment: Project Name: Original ZMA Number: New ZMA Number: Owner: Existing Zoning: Zoning Requested Acreage of Parcel: Magisterial District Tax Map #(s): Legal Reference: PROFFER STATEMENT OUT OF BOUNDS November 18th, 2013 August 19, 2015 Out of Bounds 201200003 201500005 Barracks Heights, LLC Neighborhood Model District (NMD) Neighborhood Model District (NMD) 9.42 Jack Jouett TMP 06000-00-00-06500 DB 4254 PG 660; DB 3882 PG 327; DB 3439 PG 709; DB 3439 PG 705; DB 3108 PG 578; WB 111 PG 306; DB 1405 PG 207 Exhibit(s)/References: 1) Rezoning Application Plan for Out of Bounds (sheets l through 7 dated April 1, 2013 and last revised on June 30, 2015 ), prepared by Justin Shimp, P.E. The Term "Owner" as referenced within this document shall include within its meaning the owner, or owners, of record of the Property, or properties, and their successors in interest. B. For -Rent Affordable Units. (1). Rental Rates. The initial net rent for each for -rent affordable unit shall not exceed the then -current and applicable maximum net rent rate approved by the County Housing Office. --Invaw"ubsequent calendar year, the monthly net rent for each for -rent affordable unit may be increased up to three percent (3%). For purpose of this proffer statement, the term "net rent" means that the rent does not include tenant -paid utilities. The requirement that the rents for such for -rent affordable units may not exceed the maximum rents established in this paragraph shall apply for a period of ten (10) years following the date the certificate of occupancy is issued by the 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"). The Owner of each Affordable Rental Unit shall, at the request of the Albemarle County Office of Housing, provide written reports documenting rental rates and occupancies of the affordable units. (2). Conveyance of Interest. All deeds 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 paragraph 1. 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 and full disclosure of the restrictions and controls established by this paragraph 1. At least thirty (30) days prior to the conveyance of any interest in any for -rent affordable unit during the Affordable Term, the then -current owner shall notify the County in writing of the conveyance and provide the name, address and telephone number of the potential grantee, and state that the requirements of this paragraph 1(2) have been satisfied. 2. Residential Units. There will be a maximum of 56 dwelling units within the development. The existing house and adjacent garage is identified on the Application Plan as a single-family detached dwelling unit. The remaining 55 dwelling units shall be single-family attached and/or townhouse units. 3. Cash Proffers for Residential Units. The Owner shall contribute cash for each new residential unit in excess of the nine (9) residential units the Owner has demonstrated could be constructed under R-1 Residential zoning in existence at the time of this zoning map amendment and that is not classified as an affordable unit for the purposes of addressing the fiscal impacts of development on the County's public facilities and infrastructure, i.e. schools, public safety, libraries, parks and transportation. The cash contributions shall be Twenty Thousand Four Hundred Sixty and 51/100 dollars ($20, 460.51) cash for each new single family detached dwelling unit. The cash contributions shall be Thirteen Thousand Nine Hundred Thirteen and 18/100 dollars ($13,913.18) cash for each single family attached or townhouse dwelling unit. The cash contribution shall Impacted Properties: The properties with drainage channels pertaining to this paragraph 5, are as follows: TMP 60D, Section H, Parcels: 3,4,5,6, 12,13,14,15, 16A, 28 and 29, AND TMP 60D, Section F, Parcels 7 and 8. Defmitions: As used in this proffer the term fully flowing channel shall mean: Drainage channel clear of any impediments that in the opinion of the County Engineer would prevent storm water runoff from freely flowing through the channel. As used in this proffer the term existing channel conditions shall mean: The shape, slope, lining conditions, width, side slope and vegetative state of the existing storm water channel that follows the existing drainage easement as approximately shown on the plat recorded in DB 485 PG 522 and in the condition as it exists today. As used in this proffer the term impacted property owner shall mean: A property owner of a lot that it is physically impacted by the proposed repair or maintenance of the drainage channel. The impacts may be those caused from direct repair or maintenance of the channel on the property or the movement of materials or equipment through a property to maintain the drainage channel on a neighboring property. As used in this proffer the term permission from impacted property owner shall mean: written permission obtained from the property impacted by performing required maintenance or repairs. The Owner will send the request to the impacted property by certified mail. If the impacted property does not respond to the initial request within 15 days a second certified letter shall be sent. If the impacted property owner does not respond in the affirmative within 10 days the permission will be deemed to be denied. The current acting president of the Canterbury Hills Association shall be copied on all correspondence to impacted property owners. As used in this proffer the term drainage channel shall mean: the portion of the channel through the Canterbury Hills neighborhood (as shown approximately on the attached Exhibit A) that that is composed of the underground drainage system located on the northeast side of Smithfield Road, the drainage pipe under Smithfield Road, the drainage pipe located on the southwest side of Smithfield Road, the stone -lined ditch located at the end of that pipe, the portion of the creek from the end of the stone -lined ditch until it goes under Westminster Road. At its sole expense, the Owner shall perform initial repairs and provide continuing maintenance of the drainage channel through the Canterbury Hills neighborhood as shown approximately on the attached Exhibit A. The task associated with the repairs and C. New Drainage Improvements. The Owner shall pay 5% of the cost for the construction of any new drainage improvements associated with the drainage channel initiated by the Canterbury Hills Association or any impacted property owner if the Association or the impacted property owner provided written notice of the improvements to be constructed and their cost to the Owner prior to the physical construction of the improvements commencing. The Owner shall provide a copy of the written notice to the County Engineer within 14 days after its receipt. Payment shall be made by the Owner to the Association or the impacted property owner within 60 days after receipt of proof of - payment for said construction. The Owner shall provide a copy of the proof of payment to the County Engineer within 14 days after its receipt. The new drainage improvements shall be considered to be part of the drainage channel and the Owner shall maintain the new improvements as such at its sole expense as provided in this proffer and, in particular, in paragraph B. I n — .. EXHIBIT A EXISTING DRAINAGE FASFMFNT EXHIBIT Private Drainage 7-1 sementExlSt�tj'N' x SMITBFIE- -1 tv I,' rb I <) / 101, 'Z� Approx. Location ot FRO Private Drainage Easerni 12 C:) N A I'D 11 It I lbS C.0 ------------- --- --- --------- - 0 00 e 1 0 200VJ .91 m 6OD- ZZ" =10 ORDINANCE NO. 15-A(5) ZMA 2015-00005 OUT OF BOUNDS AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP AND PARCEL NUMBER 06000-00-00-06500 WHEREAS, the application to amend the zoning map for Tax Map and Parcel Number 06000- 00-00-06500 (the "Property"), is identified as ZMA 2015-00005, Out of Bounds ("ZMA 2015-00005"); and WHEREAS, the Property is zoned Neighborhood Model District — NMD, subject to the Proffers, a Code of Development, and an Application Plan, all of which were adopted on December 11, 2013 in conjunction with ZMA 2012-00003; and WHEREAS, ZMA 2015-00005 proposes to amend the Proffers, the Application Plan, and the Code of Development applicable to the Property in order to allow for the sale or rental of affordable townhouse units instead of the rental of multi -family units in Block 3; and WHEREAS, on July 14, 2015, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2015-00005. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the staff report prepared for ZMA 2015-00005 and its attachments, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2-2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2015-00005 with the Proffers dated August 19, 2015, and the Application Plan entitled "Rezoning Application Plan Amendment for Out of Bounds TMP 06000-00-00-06500 Jack Jouett District, Albemarle County, Virginia" prepared by Shimp Engineering and dated April 1, 2013, with sheets 2, 3, 5, 6 and 8 last revised on April 20, 2015 and sheets 1, 4 and 7 last revised on June 30, 2015, and the zoning map for Tax Map and Parcel Number 06000-00-00-06500 is amended accordingly. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a meeting held on September 2, 2015. 7 lerk, Boar of ounty Supervisors Aye Nay Mr. Boyd Y Ms. Dittmar Y Ms. Mallek Y Ms. McKee) Y Ms. Palmer Y Mr. Sheffield Y RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR ZMA 2015-00005, OUT OF BOUNDS WHEREAS, Barracks Heights, LLC (the "Owner') is the owner of Tax Map and Parcel Number 06000-00-00-06500; and WHEREAS, the Owner filed a request for a special exception to vary the Code of Development approved in conjunction with ZMA 2015-05, Out of Bounds, to permit the elimination of planting strips for a 200 foot portion along the existing single family residential lot and Georgetown Court; and WHEREAS, ZMA 2015-00005 was previously approved this same day. NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the staff report prepared in conjunction with the special exception request, staffs supporting analysis included in the staff report, and the attachments thereto, and all of the factors relevant to the special exceptions in Albemarle County Code § 18-33.9, the Albemarle County Board of Supervisors hereby approves the special exception to vary the Code of Development approved in conjunction with ZMA 2015-00005, Out of Bounds, to permit the elimination of planting strips for a 200 foot portion along the existing single family residential lot and Georgetown Court, subject to the condition attached hereto. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a meeting held on September 2, 2015. Board of Cqun y Supervisors Aye Nay Mr. Boyd Y Ms. Dittmar _Y Ms. Mallek Y Ms. McKee) Y Ms. Palmer Y Mr. Sheffield Y