HomeMy WebLinkAboutZMA200100008 Proffers 2013-06-13
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ZMA #:
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Proposed Zoning:
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PROFFER STATEMENT
:iuv ANNA VILLAGE
Amendment #: [ ]
6/13/07
2001-08 ~
79-25A, 80-46, 80-46A, 80-46C, 80-46D, 80-46E, 80-50,~, 80-55~
93-A1-1 (two portions thereof), 93-Al-2, 93-Al-3, and 93-Al-4
PRD, Planned Resjdential Development and RA, Rmal Areas
NMD, Neighborhood Model District in accordance with the Code of
Development (titled Rivanna Village at Glenmore, prepared by The Cox
Company, dated February 5, 2007) and the General Plan of Development
(Exhibits D- 0 of the Code of Development). .0
94.47 acres
Pursuant to Section 33.3 of the Albemarle County' Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herem below which shall be applied to Rivanna Village
(herein after the ''Property'') if the Zoning Map Amendment (hereinafter "ZMA") is approved by
the County of Albemarle (the "County"). These conditions are proffered as a part of the
requested ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions,
and (2) such conditions have a reasonable relation to the rezoning requested. '
.1be 1.rm "OwDf:r" as reforeoced herein sbali mean 1he owner of rec~ in interest
of parcels 79~25A, ,80-46, 80-46A, 80-46C, 80-460, 80-46E, 80-50, 8851, 80-55A, 93-Al~1
(two portions thereof), 93-Al-3, and 93-A1-4. Parcel 93-Al-2 is not subject to the terms,
conditions and obligations imposed by these proffers. '
The he8c1ings of the proffers and conditiOns set fo~ below have been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an interpretation of
any provisions of the proffers.
1. ,Community Development Authority Participation: In order to mitigate impacts from
this 'developm~ the Owner shall, upon request by the County (such request to be made by the
County within 90 days of ZMA approval), petition for and consent to any'lot or unit (as the case
may be) designated in the General Plan of Development for non-residential uses to participate in .
a Community Development Authority ("CDA") esfab_d pursuant to Section 15.2-5152, et
seq. of the Code of Virginia ("Code").
The CDA, if created., will be created for the purpose of implementing transportation
improvements located along Route 250 East between the Property and the Interstate 64
interchange to the west. In the event that a lot or building, as designated in the :final and
approved General Plan of Development, contains both residential and non-residential units, only
the non-residential units shall participate in theCDA '
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2. Cash Pro:fler for Capital Improvements: In order to mitigate impacts from this
development, the Owner shall contribute cash for each market rate residential unit constructed
within the Property to Albemarle County for the stated purpose of either funding trafiic
improvement projects within or immediately adjacent to the Village ofRivanna as identified in
the County's Capiml Improvements Program or school projects at Stone-Robinson Elementary
School, Burley Middle School, and Monticello High School as identified in the County School's
Capital Improvements Program.
The cash contributions shall be at the following rates: $3,500 for each single family' detached
unit, $3,000 for each townhouse unit and $2,500 for eachniultifamily unit. Single family
detached units paying cash in lieu of an affordable unit as provided in Proffer 9, Carriage Houses
and other affordable dwellings as defined.in the Code of Development shall be exempted from
this proffer. The cash contribution shall be paid at the time of the issuance of the building permit
for such residential dwelling unit.
If the cash contribution has not been exhausted by the County for the stated purpos~s within ten
(10) years from the date of the issuance of the last residential building permit within Rivanna
Village, all unexpended funds shall be applied to fund for any public project or program serving
the Village of Rivanna.
Annual AdjustmeDt of Cash Proffers.
Beginning January 1, 2009, the amount of each cash contribution required herein shall be
adjusted annually 1II1ti1 paid, to re:t1~ct any increase or decrease for the preceding calendar year in
the Marshall and Swift Building Cost Index ("MSf'). In no event shall any cash contribution
amount be adjusted to a sum less than the amount initially established by these proffers. The
annual adjustment shall be made by multiplying the proffered cash contribution amount for the
preceding yearby a :fraction, the numerator ofwbich shall be the MSI as of December 1 in the
year preceding the calendar year -most recently ended, and the denominator of which shall be the
MSI as of December 1 in the preceding calendar year. For each cash contribution that is being
paid in increments" the unpaid incremental payments shall be correspondingly adjusted each
year.
3. Route 250 and Eastem Entrance Improvements: In order to mitigate traffic impacts,
the Owner shall either construct left and right turn. lanes on Route 250 at the eastern entrance to
the Property or bond these improvements prior to approval of the first site plan or subdivision
plat for the development.
The Owner shall install the traffic signalization required by the Virginia Department of
Transportation ("VDOT") at the intersection ofRaute 250 for the eastern entrance to the
Property at such point in time that VDOT traffic signalization warrants are met and VDOT
requests the instal1ation of such signal, provided that such request from VDOT is made prior to
the completion ofRivanna Village, which for the purposes of this paragraph shall be deemed to
be the later of (i) 1he date of approval and recordation of the subdivision plat creating individual
residential lots in the final block permitting residential lots or (ii) the date of final site plan
approval for the final undeveloped block within the Property.
4. Route 250 and Glenmore Way Improvements: In order to mitigate traffic impacts, the
Owner shall install any traffic signalization required by VDOT at the existing intersection ,of
Route 250 and Glenmore Way at such point in time that VDOT traffic signalization warrants are
met and VDOT requests the installation of such signal provided that such request from VDOT is
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made prior to the completion ofRivanna Village, which for the purposes of this paragraph shall ,
be deemed to be the later of (i) the date of approval and recordation of the subdivision plat
creating individual residential lots in the :final blocks permitting residential lots or (ii) the date of
final site plan approval for the final undeveloped block Within the Property.
5. Construction of Steamer Drive Improvements: The Owner's obligation to construct
the improvements on TMP 93-Al-2 (Block F), including the sidewalk and pedestrian pathway,
shall be deemed satisfied when construction is complete or if the owners ofTMP 93-Al-2 do not
grant the required easements or other interests in the land so as to permit the construction and
maintenance of such improvements prior to CountY approval of the :final site plan or subdivision
plat for the lands immediately adjacent to these improvements. Failure of the owners ofTMP
93-Al-2 to grant the required easements shall not relieve the Owner of the obligation to provide
stormwater m1lnagement for Blocks C & G and, if the required easements are not provided,
alternative stormwater m~nagement (to be consistent with the stormwater requirements for the
overall project) will be provided which does not compromise the design of Blocks C & G.
6. Construction and Dedication of Parks and Recreation Improvements: In order to
mitigate impacts on existing public facilities, the Owner, at its expense, shall, at the request of
the County, engineer, construct, and dedicate in fee simple to the County a park comprised of the
land and improvements in Block 1. Requirements for Block I and the improvements to be
constructed in Block I are set forth in the Code of Development.
Provisions for the park shall be included with the :first phase of the development. For the
purposes of this proffer, "provisions" shall mean that the Block I parcel shall be platted with the
initial plat for Rivanna Village. The park improvements described in the Code of Development
sbal1 be built or bonded prior to the issuance of the Certificate of Occupancy for the 174 th
residential unit within the Property.
The Owner shall dedicate the park to the County upon completion of the improvements or earlier
. upon request of the County. If dedicated prior to completion of the required improvements, the
responsibility for implementation of this proffer shall run with the residue of the Property. The
Owner and the County acknowledge that the County may assume responsibility for maintenance
for completed portions of the park prior to dedication. The Owner and the County further
acknowledge thatthe Owner proffers the park subject to the County passing a resolution
concurrent with ZMA approval., whereby proffer number 2 of ZMA-79-016 is deemed satisfied.
7. Route 250 Landscape Buffer and Right of Way Dedication: In order to establish a
landscaped buffer along the Route 250 entrance corridor and accommodate potential future
improvements to Route 250, the Owner shall establish a minimum ninety (90) foot reservation
zone and landscape strip along Route 250 as shown on the General Plan of Development, the use
and maintenance ofwbich is described in the Code of Development. The first seventy (70) feet
of the reservation zone and landscape strip immediately adjacent to Route 250 shall be reserved
for public use and dedicated upon the request of the County.
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain the reservation zone and
landscape strip until requested by the County to no longer do so; provided, however, during the
period of Owner maintenance, the Owner shall enjoy the right of exclusive use of the reservation
zone and landscape strip for purposes of landscaped open space,signage, utilities and/or other
purposes described in the Code of Development. Upon being requested by the County to forego
maintenance of the reservation zone and landscape strip, the Owner shall cease all use of the
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reservatian zone and landscape strip and remove, ta the extent requested by the Caunty, aU
improvements canstructed or installed by the Owner within the reservation zone and landscape
strip.
8. Landscape Strip Along Glenmore Way: In order to mitigate impacts ta Glenmare Way,
the Owner shall provide a ITl;n;mum fifty (50) foot landscape strip along Glenmore Way as
shown an the General Plan of Development and regulated by the Code of Development.
9. Affordable Housing: In order to mitigate community impacts fram the rising cost 'Of
housing, the Owner sball pravide a JT1;nimum of 15% of the residential units as affardable. The
affordable housing may be provided by constructing "for-sale" residential units,. "far-rent"
residential units and carriage hauses, or payment of $16,500 in lieu of a required unit. The terms
and conditions regulating the timing and distributian of the affordable units within Rivanna
Village are set forth in the Code 'Of Development.
The undersigned Owner hereby proffers that the use and development of the Praperty shall be in
c6nfarmance with the proffers and conditions herein above, and these proffers shall supersede all
other proffers and conditions made priar hereto.
GLENMORE ASSOCIATES LIMITED
. P ARTNERSBIP, A Virginia limited partnership
BY: The Frank A Kessler Declaration 'Of Trust dated
November 18,1996, as amended, General Partner
BY:
BY:
1 D Comer, Successar Trustee '
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6-//-177
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