HomeMy WebLinkAboutZMA200200004 Approval County 2006-08-02
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434)296-5832
Fax (434) 972-4012
August 21, 2006
Michael Barnes
The Kessler Group
Post Office Box 5207
Charlottesville, VA 22905
RE: ZMA 2002-004 Cascadia (formerly titled "Moore") Signs #30, 91
Tax Map 62, Parcel 25; Tax Map 78, Parcels 59 and 59A; and Tax Map 78E, Parcel H1
Dear Mr. Barnes:
The Board of Supervisors approved your rezoning application on August 2, 2006. Your
rezoning from RA (Rural Areas) to NMD (Neighborhood Model District) was approved in
accordance with the Code of Development prepared by Cline Design and dated July 12, 2006,
and the attached proffers dated July 20, 2006. An application plan/plan of development dated
July 12, 2006 was approved as part of the rezoning. Please refer to these documents for any
future applications and requests on this property.
In addition, The Board approved the waivers shown on Exhibit F (attached) on August 2, 2006,
adding the following condition to waiver 1 and waiver 2: 'The Erosion and Sediment Control
Plan shall, to the 'maximum extent practicable', provide such additional appropriate erosion and
sediment control measures that exceed State and Local minimum standards."
Please be advised that although the Albemarle County Board of Supervisors took action
on the project noted above, no uses on the property as approved above may lawfully
begin until all applicable approvals have been received and conditions have been met.
This includes:
. compliance with applicable PROFFERS;
. compliance with requirements of the CODE OF DEVELOPMENT;
. approval of and compliance with SITE PLAN(S) AND/OR SUBDIVISION PLAT(S); and
. approval of a ZONING COMPLIANCE CLEARANCE.
ZMA-2002-04 Cascadia
Barnes
Page 2 of 2
August 21, 2006
If you have questions or comments regarding the above-noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
- ,
()~~
V. Wayne Cilimberg
Director of Planning
VWC/aer
Cc: Amelia McCulley
Tex Weaver
Chuck Proctor
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Original Proffer
Amended Proffer
(Amendment #
PROFFER FORM
Date: July ')0, 200n
ZMA # ')002-004
Tax Map and Parcel Number(s)
Tax Map Parcel 62-')5; Tax Map 78 Parcels 59 and 59A:
and Tax Map Parcel 78E-HI
60.8 Acres to be rezoned from RA/R6 to NMD in accordance with the
Cascadia Code of Development prepared by Cline Desib'11 and dated July 12,2006
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 a,bTfeed 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) Affordable Housing: The Owner shall provide a number of affordable dwellings that is
equal to or greater than fifteen percent (15%) of the total residential units constructed in
Cascadia. The affordable dwellings shall be in the form of "for-sale" townhouses and
condominiums and "for rent" townhouses, condominiums, apartments, accessory units. and
Special Single-Family Dwelling and Duplex Units as defined by the Cascadia Code of
Development. The affordable dwellings shall be reasonably dispersed throughout the
property, subject to the requirements of the General Development Plan and the Code of
Development.
A. Designation of Affordable Dwellings
1. The Owner shall designate individual affordable dwelling lots, units, and/or unit(s)
within a townhouse block during final design. Where final design is pursued through
the site plan process, the lot or unit shall be designated on the final site plan. All
affordable dwellings designated on the final site plan shall be platted such that the
responsibility for this proffer and sale/ rental of the designated affordable dwelling is
consistent with the approved final site plan. Where final design is pursued through
the subdivision platting process to create separate building lots, the affordable
dwellings shall be designated on the preliminary plat. The responsibility for this
proffer and the sale/ rental of any affordable dwelling shall be clearly designated with
the final plat.
When required by paragraph AI, the Owner shall designate a minimum of fifteen
percent (15%) of the aggregate number oflots or units on that site plan or subdivision
plat as affordable dwellings. Notwithstanding the foregoing, the Owner may "carry-
over" or "bank" credits for affordable dwellings in the event an individual site plan or
subdivision plat designates affordable dwellings that in the aggregate exceed the
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fifteen percent (15%) minimum for such site plan or subdivision plat, and such
additional affordable dwelling may be allocated toward the fifteen percent (15%))
minimum on any future site plan or subdivision plat, provided however, that the
maximum number of affordable dwellings that may be carried over or banked shall
not exceed fIfteen percent (15%) of the total units on the site plan or subdivision plat.
3. After a lot, unit, or unit( s) within a townhouse block has been desib'llated as
containing an affordable dwelling, the requirement to provide the affordable unit shall
run with that parcel and the responsibility for constructing and selling! renting the
affordable dwelling shall be with the then-current owner of the individual lot or unit.
B. Mixture of Types of Affordable Dwelling Units
1. At least thirty-three percent (33%) of the required affordable dwellings shall be for-
sale units.
') For purposes of this proffer, no more than thirty-three percent (33%) ofthe required
affordable dwelling units may be Special Single-Family Dwelling and Duplex Units;
however, nothing, except the maximum number of dwellings established in the
Cascadia Code of Development, shall prohibit the Owner or its assigns from creating
additional Special Single-Family Dwelling and Duplex Units.
3. The remainder of the required affordable dwellings shall be "for rent" townhouses,
condominiums, apartments as defined in paragraph ID.
e. For Sale Affordable Dwellings
For purposes of this proffer, a "for-sale affordable dwelling" shall be defined as a dwelling
affordable to households with incomes less than eighty percent (80%) of the area median
income such that housing costs consisting of principle, interest, real estate taxes, and
homeowners insurance (PITI) do not exceed thirty percent (30%) ofthe gross household
Income.
All purchasers of the for-sale affordable units shall be approved by the Albemarle County
Housing Office or its designee. The subsequent owner/builder shall provide the County or its
designee a period of ninety (90) days to identify and prequalify for financing an eligible
purchaser for the affordable unit. The ninety (90)-day period shall commence upon written
notice from the then-current owner/builder that the unit( s) will be available for sale. If the
County or its designee does not provide a qualified purchaser who executes a contract of
purchase during this ninety (90)-day period, the then-current ownerlbuilder shall have the
right to sell the unit(s) without any restriction on sales price or income of the purchaser(s),
provided, however, that any unit(s) sold without such restriction shall nevertheless be
counted toward the number of affordable units required to be provided pursuant to this terms
of this paragraph 1 C. The requirements of this paragraph IC shall apply only to the first sale
of each of the affordable units.
The Owner reserves the right to meet the for-sale affordable dwelling criteria on the market
rate for-sale units by retaining a no interest, junior deed of trust that is acceptable to the
primary mortgage lender. This junior deed of trust cannot exceed the difference between the
sale price and the appraised value of the unit. This junior mortgage may be assigned to a
third party.
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D. For Rent Affordable Dwellings
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 Albemarle
County Housing Office. In each subsequent calendar year, the monthly net rent for
each for-rent affordable dwelling may be increased up to three percent (3%). For
purposes of this proffer statement, the tenn "net rent" means that the rent does not
include tenant-paid utilities.
'I Affordable Term. Rents for such for-rent affordable dwellings shall not exceed the
maximum rents established in parabTfaph 1 D 1 for a period of five (5) years from the
date of issuance of a certificate of occupancy for that for-rent affordable dwelling,
unless the dwelling is made available for-sale under the terms outlined in paral:,Tfaph
C.
3. Convevance oflnterest. All deeds conveying any interest in the for-rent affordahle
dwellings during the Affordable Tenn shall contain language reciting that such
dwelling is subject to the terms ofthis proffer. In addition, all contracts pertaining to
a conveyance of any for-rent affordable dwelling, or any part thereof. during the
Affordable Term shall contain a complete and full disclosure of the restrictions and
controls estahlished by this proffer. At least thirty (30) days prior to the conveyance
of any interest in any for-rent affordable dwelling during the Affordable Tenn, the
then-current owner shall notify the County in writing of the conveyance and provide
the name, address, and telephone number ofthe potential grantee, and state that the
requirements of the proffer have been satisfied.
4. Reporting Rental Rates. During the Affordable Tenn, within thirty (30) day of each
rental or lease tenn for each for-rent affordable dwelling, the then-current owner shall
provide to the Albemarle County Housing Office a copy of the rental or lease
agreement for each such dwelling rented that shows the rental rate for such dwelling
and the tenn of the rental or lease agreement. In addition, during the Affordable
Term, the then-current owner shall provide to the County, if requested, any reports,
copies of rental or lease agreements, or other data pertaining to rental rates as the
County may reasonably require.
2) Route 20 Improvements: In order to address the future potential improvements to Route
20, Stony Point Road, the Owner shall dedicate twenty (20) feet of public right of way along
the edge of the existing Route 20 right of way with the first subdivision plat.
3) Secondary Road Interconnections to Broadus Baptist Church: The Owner shall provide
for two (2) interconnections to Broadus Baptist Church (TMP 62-25C and 25C 1 ).
For the first interconnection, the Owner shall provide Broadus Baptist Church with a thirty
(30) foot wide easement that will allow the Church to construct a driveway within this
easement. The easement shall start at the Cascadia property line shared with Broadus Baptist
Church and run generally along the centerline of a Class A trail to the intersection of
Cascadia Drive and Delphi Lane, as generally shown on the General Development Plan. The
Owner shall reserve this easement for a period ten (10) years from the recordation date of the
first plat for this area and provide the easement free of charge to the Church. If the Church
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does not exercise its right to construct a private drive within this 10 year time period. the
Owner's obligation to provide this easement shall be void.
For the second interconnection. the Owner shall provide Broadus Baptist Church with a first
right of refusal to a lot within Cascadia that will provide reasonable access to the upper
portions ofTMP 62-25C and 25C1. The lot shall be wide enough to accommodate a public
road. If any grading or drainage easements outside the lot are required to construct the
second interconnection, the Owner shall grant these easements free of charge. If the Church
does not exercise its first right ofrefusal at the time ofsa1e of this lot. the Owner's obligation
to provide for this interconnection shall be void.
4) Cash Proffer for Capital Projects: For each dwelling unit constructed with Cascadia. the
Owner shall contribute cash to Albemarle County for the stated purpose of either funding
school projects at Stony Point Elementary School. Sutherland Middle School. and Albemarle
High School as identified in the County School's Capital Improvements Program or funding
Capital Improvement Projects within or immediately adjacent to Neighborhood 3 as
identified in the County" s Capital Improvements Program. The cash contributions shall be at
the following rates: $3,000 for each single family detached unit. $2,500 for each townhouse
unit and $2,000 for each multifamily unit. Dwellings defined as Special Single-Family
Dwelling or Duplex Unit in the Code of Development and/ or designated as affordable
dwellings under paragraph lA shall be exempted from this proffer. 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 has not been exhausted by the County for the stated
purposes within ten (l 0) years from the date of the issuance of the last residential building
permit within Cascadia, all unexpended funds shall be applied to fund for any public project
or program within Neighborhood 3.
5) Overlot Grading Plan: The Owner shall submit an overlot grading plan meeting the
requirements of this section (hereinafter, the "Plan") with the application for each
subdivision of the single family detached and single family attached dwelling units shown on
the General Development Plan. The Plan shall show existing and proposed topographic
features to be considered in the development of the proposed subdivision. The Plan shall be
approved by the County Engineer prior to final approval of the subdivision plat. The
subdivision shall be graded as shown on the approved 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. The Plan shall satisfy the following:
A. The Plan shall show all proposed streets, building sites. surface drainage, driveways.
trails, and other features the County Engineer determines are needed 10 verify that the
Plan satisfies the requirements of this proffer.
B. The 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 shown to assure that surface drainage can provide
adequate relief from the flooding of dwellings in the event a storm sewer fails.
4
D. Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a
b'Tadient of three (3) feet of horizontal distance for each one (I ) foot of vertical rise or fall
(3: 1). Steeper slopes shall be vegetated with low maintenance vegetation as detcn11ined
to be appropriate by the County's prob'Tam 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 .b'Tading recommendations for
steeper slopes have adequately addressed the impacts.
E. Surface drainage from one-half (1/2) acre ofland or from three (3) lots or more lots,
whichever is greater in area, shall be collected in a stonn sewer or directed to a drainage
way outside ofthe lots.
F. All drainage from streets shall be carried across lots in a storn1 sewer to a point beyond
the rear of the building site.
G. The 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 an area proposed for vehicle parking where no garage is proposed, that is not less than
eighteen (18) feet in length that will be graded no steeper than eight (8) percent.
H. The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if
it is less than ten (10) feet, from the portion of the structure facing the street. has grades
no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not
be served by a stairway. This graded area also shall extend from the entrances to the
driveways or walkways connecting the dwelling to the street.
1. Any requirement of this proffer may be waived by the County Engineer by submitting a
waiver request with the preliminary plat. Ifsuch 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 of no smaller than one ( I ) 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 agent; (v) the locations of streams, stream butfers,
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 requiring compliance
with the requirement of this proffer would not forward the purposes of the County's
Subdivision and Water Protection Ordinances or otherwise serve the public interest; and
5
granting the waiver would not be detrimental to the public health. safety or welfare. to the
orderly development of the Project and the land adjacent thereto.
J. The owner may request that the Plan be amended at any time. All amendments shall be
subject to the review and approval by the County Engineer.
K. In the event that the County adopts overlot grading regulations after the date ZMA 2002-
004 is approved, any requirement ofthose regulations that is less restrictive than any
requirement in this proffer shall supersede the corresponding requirement of this proffer,
subject to the approval of the Director of the Department of Community Development.
s(cr3~~C
Signature of Owner
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Church Hill Development LLC
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Printed Name of Owner
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Date
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does not exercise its right to construct a private drive within this 10 year time period, the
Owner's obligation to provide this easement shall be void.
For the second interconnection, the Owner shall provide Broadus Baptist Church with a first
right of refusal to a lot within Cascadia that will provide reasonable access to the upper
portions of TMP 62-25C and 25C1. The lot shall be wide enough to accommodate (l public
road. If any grading or drainage easements outside the lot are required to construct the
second interconnection, the Owner shall grant these easements free of charge. If the Church
does not exercise its first right ofrefusal at the time of sale of this lot, the Owner's obligation
to provide for this interconnection shall be void.
4) Cash Proffer for Capital Projects: For each dwelling unit constructed with Cascadia. the
Owner shall contribute cash to Albemarle County for the stated purpose of either funding
school projects at Stony Point Elementary School. Sutherland Middle School. and Albemarle
High School as identified in the County School's Capital Improvements Program or funding
Capital Improvement Projects within or immediately adjacent to Neighborhood 3 as
identified in the County's Capital Improvements Program. The cash contributions shall be at
the following rates: $3,000 for each single family detached unit, $2.500 for each townhouse
unit and $2,000 for each multifamily unit. Dwellings defined as Special Single-Family
Dwelling or Duplex Unit in the Code of Development and/ or designated as affordable
dwellings under paragraph lA shall be exempted from this proffer. 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 has not been exhausted by the County for the stated
purposes within ten (10) years from the date of the issuance of the last residential building
permit within Cascadia, all unexpended funds shall be applied to fund for any public project
or program within Neighborhood 3.
5) Overlot Grading Plan: The Owner shall submit an overlot grading plan meeting the
requirements of this section (hereinafter. the "Plan") with the application for each
subdivision of the single family detached and single family attached dwelling units shown on
the General Development Plan. The Plan shall show existing and proposed topographic
features to be considered in the development of the proposed subdivision. The Plan shall be
approved by the County Engineer prior to final approval of the subdivision plat. The
subdivision shall be graded as shown on the approved 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. The Plan shall satisfy the following:
A. The 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
Plan satisfies the requirements of this proffer.
B. The 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 shown to assure that surface drainage can provide
adequate relief from the flooding of dwellings in the event a storm sewer fai Is.
4
D. Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a
gradient ofthree (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 County's 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 oftwo (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 from one-half (1/2) acre ofland or from three (3) lots or more lots,
whichever is greater in area, shall be collected in a storm sewer or directed to a drainage
way outside of the lots.
F. All drainage from streets shall be carried across lots in a storm sewer to a point beyond
the rear of the building site.
G. The 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 an area proposed for vehicle parking where no garage is proposed, that is not less than
eighteen (18) feet in length that will be graded no steeper than eight (8) percent.
H. The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if
it is less than ten (10) feet, from the portion of the structure facing the street, has grades
no steeper than ten (I 0) percent adjacent to possible entrances to dwellings that will not
be served by a stairway. This graded area also shall extend from the entrances to the
driveways or walkways connecting the dwelling to the street.
1. Any requirement ofthis proffer may be waived by the County Engineer by submitting a
waiver request with the preliminary 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 of 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 agent; (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 requiring compliance
with the requirement of this proffer would not forward the purposes of the County's
Subdivision and Water Protection Ordinances or otherwise serve the public interest; and
5
granting the waiver would not be detrimental to the public health. safety or welfare. to the
orderly development of the Project and the land adjacent thereto.
.T. The owner may request that the Plan be amended at any time. All amendments shall be
subject to the review and approval by the County Engineer.
K. In the event that the County adopts overlot grading regulations after the date ZMA 2002-
004 is approved, any requirement of those regulations that is less restrictive than any
requirement in this proffer shall supersede the corresponding requirement of this proffer,
subject to the approval of the Director of the Department of Community Development.
s(Q3~~C
Signature of Owner
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Printed Name of Owner / dat~
Church Hill Development LLC
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Printed Name of Owner
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Date
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