HomeMy WebLinkAboutSUB201800164 Other 2016-01-13 PROFFER STATEMENT
OLD TRAIL VILLAGE
Date: January 13,2016
ZMA#: ZMA 2015-00001 Old Trail Village Amendment#3
Tax Map Parcel Numbers: 055E0-01-00-000A1 (excluding those portions that lie outside the zoning
boundary for ZMA 2004-024), 055E0-01-00-000A2, 055E0-01-00-000A3, 055E0-01-00-000A4, 055E0-
01-00-000A5, 055E0-01-3A-00100, 055E0012701000, 055E0012701100, 055E0012701200,
055E0012701300, 055E0012701400, 055E0012701500, 055E0012701600, 055E0012701700,
055E0012701800, 055E0012701900, 055E0012702000, 055E0012702100, 055E0012702200,
055E0012702300, 055E0012702400 and 055E0012702500.
The Owner of the parcels identified herein above(the"Property")is March Mountain Properties,L.L.C.,a
Virginia limited liability company (the "Owner"). This Proffer Statement shall relate to the Code of
Development for Old Trail Village approved as part of ZMA 2004-024, as amended by ZMA 2008-05, as
further amended by ZMA 2014-00004, and as further amended by ZMA 2015-00001, as such Code of
Development may be amended from time to time in the future in accordance with the Albemarle County
Zoning Ordinance(the"Code of Development"),and to the Application Plan prepared by Timmons Group
entitled"Old Trail Village Rezoning ZMA 04-024 General Development Plan,"last revised by Roudabush,
Gale &Associates with a latest revision date of January 14,2016,and including any previously approved
amendments thereto(the"Application Plan").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property as requested,the Owner shall develop the Property in accord with the following proffers
pursuant to Section 15.2-2303 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. This proffer
statement shall supersede and replace in all respects the proffer statements approved by the Board of
Supervisors in connection with ZMA 2004-024, ZMA 2008-05, and ZMA 2014-00004. If rezoning
application ZMA 2015-00001 is denied,these proffers shall immediately be null and void and of no further
force and effect.
1. Green Space; Park Land and Greenway Dedication. The Owner shall devote a minimum of
twenty percent(20%)of the land within the Property to green space as shown on sheet 5 of 9 of the General
Development Plan. Of this green space land, within five (5) years after the date that ZMA 2004-024 is
approved by the County,or within thirty(30)days after the request of the County,whichever.is sooner,the
Owner shall dedicate to the County for public use for parks and open space resources and for a greenway,
a 25-acre park,a 10.8-acre greenway area,and a 6.7-acre greenway area,each as further shown on sheet 5
of 9 of the General Development Plan(collectively,the "Park and Greenway Area"). After it is dedicated
to public use,the Park and Greenway Area shall continue to be included in the total area of green space and
amenities within the Property. At the time of the conveyance and dedication,the Park and Greenway Area
land will be subject to the Architectural and Landscape Standards for Old Trail Village, as provided in the
Code of Development. The remaining green space land within the Property that will not be dedicated to
the County for public use shall be maintained by the Old Trail Owner's Association. The dedication of the
Park and Greenway Area land shall be a fee simple interest in such land. If the Park and Greenway Area
land is not dedicated as part of a site plan or subdivision plat,the Owner shall pay the costs of surveying
the land and preparing the deed of dedication. The Owner shall construct the trail through the 6.7-acre
Greenway Area,as shown on sheet 5 of 9 of the General Development Plan,within six(6)months after the
approval by the County of the first subdivision plat or site plan applicable to any portion of block 30 or 31.
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site plan applicable to•any portion of block 30 or 31. The trail shall be constructed to the County
standards for a Class A trail,with a surface of compacted stone dust.
2. Affordable Housing. The Owner shall provide affordable housing units equal to fifteen percent
(15%)of the total residential units constructed on the Property, in the form of for-sale units,for-rent units,
"accessory units" (as defined in paragraph 2(C)(3) herein), and "carriage units" (as defined in paragraph
2(C)(3) herein) and subject to the terms herein ("Affordable Units"). The Affordable Units shall be
reasonably interspersed throughout the Property as provided in this paragraph 2, subject to the
requirements of the Application Plan and the Code of Development. If the Owner elects at its option to
provide for-sale single family detached Affordable Units, such units shall be applied toward the 15%
requirement. Each subdivision plat and site plan for land within the Property shall designate the lots or
units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate Affordable
Units as described herein, and the aggregate 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
in such subdivision plat or site plan. Notwithstanding the foregoing, however, the Owner may "carry-
over" or "bank" credits for Affordable Units in the event an individual subdivision plat or site plan
designates Affordable Units that in the aggregate exceed the fifteen percent (15%) minimum for such
subdivision plat or site plan, and such additional Affordable Units may be allocated toward the fifteen
percent(15%)minimum on any future subdivision plat or site plan,provided however,that the maximum
number of Affordable Units that may be carried over or banked shall not exceed fifteen percent(15%) of
the total units on any subdivision plat or site plan.
The Owner shall convey the responsibility of constructing the Affordable Units to the subsequent
owners of lots within the Property and such subsequent owner/builder shall succeed to the duties of the
Owner under this paragraph 3A, and the term "Owner" shall refer to such subsequent owner/builder.
Such subsequent owner/builder shall create Affordable Units affordable to households with incomes less
than eighty percent (80%) of the area median income 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.
A. For-Sale Affordable Units. All purchases 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 an eligible purchaser for the
Affordable Units. The ninety(90)-day period shall commence upon written notice from the then-current
owner/builder that the Affordable Unit(s)will be available for sale. If the County or its designee does not
provide a qualified purchase during this ninety(90)-day period,the then-current owner/builder shall have
the right to sell the Affordable Unit(s)without any restriction on sales price or income of the purchaser(s),
and such Affordable Unit(s) shall be counted toward the satisfaction of this paragraph 2. This
requirement shall apply only to the first sale of each of the for-sale Affordable Units.
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. In each
subsequent 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 rent established in this paragraph 2B shall apply for a period of five (5) 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
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Housing Development Authority, Farmers Home Administration, or Housing and Urban Development,
Section 8,whichever comes first(the"Affordable Term").
(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 2. 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 2B. 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 2B(2) have
been satisfied.
(3). Reporting Rental Rates. During the Affordable Term, within thirty (30) days of
each rental or lease term for each for-rent Affordable Unit, the then-current owner shall provide to the
Albemarle County Housing Office a copy of the rental or lease agreement for each such Affordable Unit
rented that shows the rental rate for such Affordable Unit and the term 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.
C. Mixture of Types of Affordable Units.No more than fifty percent(50%) of the Affordable
Units may be accessory units and/or carriage units. For purposes of this proffer statement, "accessory
units" shall mean Accessory Apartments as defined in the Albemarle County Code, Chapter 18, Section
3.1, and as regulated by the Albemarle County Code, Chapter 18, Section 5.1.34, and a unit within a two-
family dwelling as a two-family dwelling is defined in the Virginia Uniform Statewide Building Code.
For the purposes of this proffer statement, "carriage units" shall mean any separate, independent,
accessory dwelling unit detached from, but located on the same parcel as the structure of and clearly
subordinate to a single family detached dwelling, as distinguished from a duplex or other two-family
dwelling.
3. Cash Proffer for School Projects. For each dwelling unit constructed on the Property that is not
an Affordable Unit, the Owner shall contribute cash to Albemarle County for funding school projects
within the Community of Crozet and shown on the County's Capital Improvements Program, as follows:
one thousand dollars ($1,000.00)for each single family detached unit, five hundred dollars ($500.00) for
each townhouse unit, and two hundred fifty dollars ($250.00) for each multifamily unit. The cash
contribution for each dwelling unit shall be paid at the time of the issuance of the building permit for such
dwelling unit, unless the timing of the payment is otherwise specified by state law. 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 the Property, all unexpended funds shall
be refunded to the Owner.
• 4. Cash Proffer for Park Master Plan. Within one (1) year after the date that ZMA 2004-024 is
approved, or within thirty(30)days after the request by the County,whichever is sooner, the Owner shall
make a cash contribution to the County in the amount of fifty thousand dollars ($50,000.00) for the
purpose of funding a master plan for the 25-acre park land shown on sheet 5 of 9 of the General
Development Plan (the "Park Master Plan"). If the Park Master Plan is completed for less than fifty
thousand dollars ($50,000.00), any remaining funds may be retained by the County and used to fund
parks and recreation projects and improvements as described in paragraph 5. If such case contribution is
not expended for the Park'Master Plan within two (2) years from the date of the contribution, all
unexpended funds shall be refunded to the Owner; provided that any portion of the cash contribution note
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required to fund the Park Master Plan that is retained by the County as provided herein, shall be refunded
to the Owner as provided in paragraph 5 if such funds are not expended within the time provided therein.
THE REQUIREMENTS OF THIS PARAGRAPH FOUR HAVE BEEN SATISFIED.
5. Cash Proffer for Park Projects. For each dwelling unit constructed on the Property that is not
an Affordable Unit, the Owner shall contribute cash to Albemarle County for funding parks and
recreation projects and improvements identified on the County's Capital Improvements Program within
the Park and Greenway Area in general accord with the Park Master Plan as available funding allows, as
follows: one thousand dollars $1,000.00) for each single family detached unit, five hundred dollars
($500.00) for each townhouse unit, and two hundred fifty dollars ($250.00) for each multifamily unit.
Notwithstanding the terms of this paragraph 5 to the contrary,however,the Owner shall receive a"credit"
against the first fifty thousand dollars($50,000.00)that would otherwise be owed to the County pursuant
to this paragraph 5, in recognition of the cash proffer referenced in paragraph 4. In the event the cash
proffer referenced in paragraph 4 is not sufficient to fund the Park Master Plan, the County may apply a
portion of the cash proffer described in this paragraph 5 as required to fully fund the Park Master Plan. If
the County determines it to be a more reasonable use of funds,the County may substitute facilities shown
on the Park Master Plan or locate facilities shown on the Park Master Plan elsewhere in the Community
of Crozet. The cash contribution for each dwelling unit shall be paid at the time of the issuance of the
building permit for such dwelling unit, unless the timing of the payment is otherwise specified by state
law. If the cash contribution has not been exhausted by the County for the stated purpose within ten (10)
years from the date of the issuance of the last residential building permit within the Property, all
unexpended funds shall be refunded to the Owner.
6. Phasing of Retail Development. Prior to the issuance of a building permit for the five hundredth
(5006) dwelling unit within the Property, the aggregate retail space within the Property shall not exceed
forty-eight thousand (48,000) 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 ninety-six thousand(96,000) square feet. Prior to the issuance of a building permit for the one
thousand five hundredth (1,500 ) dwelling unit within the Property, the aggregate retail space within the
Property shall not exceed one hundred forty-four thousand (144,000) square feet. Prior to the issuance of
a building permit for the two thousandth (2,000th) dwelling unit with the Property, the aggregate retail
space within the Property shall not exceed one hundred ninety-two thousand(192,000) square feet. Retail
space shall not include office space or any health and fitness facility.
7. 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 paragraph 7.
B. The plan shall be drawn to a scale not greater than one(1) inch equals fifty(50)feet.
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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 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
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 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. INTENTIONALLY OMITTED.
I. The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is
less than (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.
J. Any requirement of this condition 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 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 condition 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 Project, and to the
land adjacent thereto.
K. 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.
L. In the event that the County adopts overlot grading regulations after the date ZMA 2004-
024 is approved, any requirement of those regulations that is less restrictive than any requirement of this
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paragraph 7 shall supersede the corresponding requirement of this paragraph, subject to the approval of
the Director of the Department of Community Development.
8. Construction of School Connections. The Owner shall construct the pathway connections to the
schools, shown as"Pathway Connection to Schools,"and"Road and Sidewalk Connection to Schools"on
sheet 5 of 9 of the General Development Plan, within six (6) months after the approval by the County of
the first subdivision plat or site plan applicable to any portion of a block that either includes or is adjacent
to any such connection.
WITNESS the following signature:
MARCH MOUNTAIN PROPERTIES,L.L.C.
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By:
Printed Name: e
Title: We 62 t
29975985_1.doex
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RECEIVED
DEC 2 1 201
_'COMMUNITY
DEVELOPMENT