HomeMy WebLinkAboutZMA201800007 Proffers 2020-09-04ATTACHMENT14
ORDINANCE NO. 19-A(8)
ZMA 2018-00007 BELVEDERE PROFFER AMENDMENT
- CARRIAGE HOUSE UNITS
AN ORDINANCE TO AMEND THE PROFFERS AND CODE OF DEVELOPMENT APPROVED WITH
ZMA 2004-00007 FOR TAX MAP PARCELS 06100-00-00-154E0, 06100-00-00-15800, 06100-00-00-
16000,06200-00-00-002A1,06200-00-00-002B0,06200-00-00-002C0,062A3-00-00-00100,062G0-00-
00-005A0, 062G0-00-00-005A1, 062G0-00-00-007A, 062G0-00-07-15700, 062G0-00-07-16500, 062G0-
00-07-17100, 062G0-00-07-17200, 062G0-00-07-17400, 062G0-00-07-17900, 062G0-00-07-18000,
062GO-00-00-009A0
WHEREAS, the application to amend the proffers and the Code of Development that were
approved with ZMA 2004-00007 for Tax Map Parcels 06100-00-00-154E0, 06100-00-00-15800, 06100-
00-00-16000,06200-00-00-002A1,06200-00-00-002B0,06200-00-00-002C0,062A3-00-00-00100,
062G0-00-00-005A0, 062G0-00-00-005A1, 062G0-00-00-007A, 062G0-00-07-15700, 062G0-00-07-
16500, 062G0-00-07-17100, 062G0-00-07-17200, 062G0-00-07-17400, 062G0-00-07-17900, 062G0-00-
07-18000, 062GO-00-00-009AO (collectively, the "Property') is identified as ZMA 2018-00007, Belvedere
Proffer Amendment - Carriage House Units ("ZMA 2018-07"); and
WHEREAS, ZMA 2018-07 proposes to amend Proffer Numbers 2.2, 2.2.1, and 2.2.2 of the
Proffers, and Appendix A and Tables 1 and 2 of the Code of Development, that were approved in
conjunction with ZMA 2004-07 to allow carriage house units to be attached to the primary residential unit,
to allow the carriage houses to be located on lots with single-family attached units, and to allow
accessory apartments to count towards the required number of carriage house units; and
WHEREAS, staff recommended approval of ZMA 2018-07, provided technical changes were
made to the proffers; and
WHEREAS, on June 4, 2019, after a duly noticed public hearing, the Planning Commission
recommended approval of ZMA 2018-07, provided technical changes were made to the proffers; and
WHEREAS, following the Planning Commission public hearing, the Applicant made the
recommended technical changes to the proffers; and
WHEREAS, on July 3, 2019, the Albemarle County Board of Supervisors held a duly noticed
public hearing on ZMA 2018-00007.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2018-07 and its attachments, including the proposed
amended proffers and the proposed amended Appendix A and Tables 1 and 2 of the Code of
Development, 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 2018-07 with the proffers dated June 25, 2019, and
the amended Appendix A and Tables 1 and 2 of the Code of Development as shown on Attachment D of
the Planning Commission staff report dated May 28, 2019, which was presented to the Planning
Commission on June 4, 2019.
101
Original Proffer: 10/1212005
Amended Proffer: 3/4/2019
(Amendment #1)
PROFFER FORM
Date of Proffer Signature TLwje ZS, 2019
ZMA # 2018-00007
Tax Map 61, Parcels 154E, 158,160
Tax Map 62, Parcels 2A1, 2B and 2C
Tax Map 62A3 Parcel 1
Tax Map 62G, Parcels 5A,5A1,7A,7157,7165,7171,7172,7174,7179,7180,9A
172.145 Acres to he rezoned from Neiehborhood Model District (NMD) to
Neighborhood Model District (NMD)
This Proffer Statement shall supersede and replace that certain Proffer Statement dated October
12, 2005, related to ZMA-2004-00007, for the applicable property listed below.
With respect to the property described in rezoning application #ZMA-2018-00007 (the "ZMA"),
New Belvedere, Inc. is the fee simple owner of the following parcels:
• TMP 06100-00-00-154EO
• TMP 06100-00-00-15800
• TMP 06100-00.00-16000
• TMP 06200-00-00-002A1
• TMP 06200-00-00-002CO
• TMP 062GO-00-05-000AO
• TMP 062GO-00-05-000Al
• TMP 062GO-00-07-000AO
• TMP 062GO-00-07-15700
• TMP 062GO-00-07-16500
• TMP 062GO-00-07-17100
• TMP 062GO-00-07-17200
• TMP 062GO-00-07-17400
• TMP 062GO-00-07-17900
• TMP 062GO-00-07-18000
• TMP 062GO-00-09-000AO
Belvedere Land Holdings, LLC is the fee simple owners of the following parcels
• TMP 06200-00-00-002BO
• TMP 062A3-00-00-00100
102
1
The foregoing parties are collectively referred to herein as the "Owner;' which term shall include
any successors in interest. All of the parcels listed above are referred to collectively as the
"Property."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance (the "Ordinance"), Owner
hereby voluntary proffers the conditions listed in this Proffer Statement, which shall be applied
to the Property if the ZMA is approved by Albemarle County. These conditions are proffered
as part of the 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.
1. Plan Exhibits.
1.1 Exhibits not in the Code of Development. The following exhibits which are not part
of the General Development Plans or the Code of Development are proffered as a part of this
rezoning:
Exhibit 14 Archaeological Survey Summary
Exhibit 15 Architectural Reconnaissance Survey
2. Affordable Housing.
2.1 Cash Contribution. Owner shall contribute to Albemarle County a minimum of one
thousand dollars ($1,000) per single family detached dwelling unit, seven hundred fifty dollars
($750) per single family attached or townhouse unit, and five hundred dollars ($500) per multi-
family condominium unit. The cash contribution shall be due and payable with each application
for a building permit. This cash proffer shall not apply to Carriage House units or multi -family
rental housing. This cash contribution shall be used for the purpose of funding affordable housing
programs including those provided by nonprofit housing agencies within Albemarle County. If
this cash contribution has not been exhausted by the County for the stated purpose within ten (10)
years from the date of the last payment of the contribution, all the unexpended funds shall be
refunded to the Owner.
2.2 Carriage House Units and Accessory Apartments. The Owner shall provide a
minimum of 103 units within the Property that are either Carriage House Units or Accessory
Units, as provided in this paragraph 2.2. Any Carriage House Units or Accessory Units that are
constructed within the Property after August 20, 2018 that comply with the requirements of this
paragraph 2.2 shall be counted toward the required total of 103 units required by this paragraph
2.2, even if they were constructed prior to the date of approval of ZMA-2018-00007.
2.2.1. Carriage House Units. Carriage House Units shall meet the
requirements for a single family or two family dwelling as defined in the Virginia Uniform
Statewide Building Code. Each Carnage House Unit shall conform to the Code of Development,
Appendix A, Carriage House Units, General Standards (as Modified by ZMA 2018-00007). Each
Carriage House Unit shall he on the same parcel as the primary dwelling unit to which it is
103
accessory. Carriage House Units may not be subdivided from the primary residence. The
subdivision restrictions shall be described on the plat creating such parcels and be incorporated
into each deed conveying title to such parcels.
2.2.2. Accessory Units. "Accessory Units" shall mean Accessory
Apartments as defined in the Albemarle County Code, Chapter 18, Section 3.1, and a regulated
by the Albemarle County Code, Chapter 18, Section 5.1.34, and a unit within a two family
dwelling as defined in the Virginia Uniform Statewide Building Code. Accessory Units may
also be located in single family attached units.
3. Onen Snare and Greenways.
3.1 Open Space. The Owner shall restrict from development all open space areas which
are areas not shown as development parcels on the General Development Plan. In no event shall
the total area of open space areas, which include the preservation areas, conservation areas,
greenway (defined in 3.2 below), buffer and park areas shown on Exhibits 5A, 5B and 5C of the
General Development Plan, be less than twenty-five percent (25%) of the total land within the
Property. These areas shall be for the use and enjoyment of the residents of the Property, subject
to the restrictions that may be imposed by any declaration recorded as part of a conveyance of
these areas to a homeowners association.
3.2 Greenway: The Owner shall dedicate and convey to Albemarle County, upon
demand by the County, a strip of land no less than one hundred (100) feet in width and adequate
in width to accommodate the construction, maintenance and use of a ten (10) foot wide pedestrian
trail along the Rivanna River from the Property's boundary with Dunlora Farm (Tax Map 62
Parcel 16-A) to the Property's boundary with the Southern Railway right-of-way (as it exists on
November 19, 2004) (the "Greenway"). The precise location of the greenway shall be mutually
agreed upon by the Owner and the County, and such agreement shall not be unreasonably
withheld. The Greenway will be conveyed in the form of a general warranty deed and the Owner
shall bear the cost of a survey and preparing the deed. Upon request by the County, the Owner
shall also contribute ten thousand dollars ($10,000) cash for application toward the cost of
constructing the Greenway according to the County's current standards for a class B trail. Such
contribution shall be made by Owner within 30 days of receipt of a written request by the County.
If the request is not made within seven (7) years from the date of submission of the first final site
plan for Phase 1, this cash proffer shall become null and void. If such cash contribution is not
fully expended for the stated purpose within two (2) years from the date the funds are contributed
to the County, all unexpended funds shall be refunded to the Owner. If the greenway is not used
for the purpose for which it is dedicated within ten (10) years from the date of dedication, the
County shall transfer the land back to and for the use of the Owner to be used as open space. The
Owner will provide a pedestrian connection to the Greenway through the Belvedere Community's
internal trail system, as illustrated in Exhibit SA, 5B, and SC.
3.3 Greenway bridge: Within thirty (30) days following request by the County, Owner
shall contribute ten thousand dollars ($10,000) cash for application toward the cost of constructing
a pedestrian bridge linking the Rivanna River Gmenway in Dunlom (Tax Map Parcel 62F-A3) to
104
RiverRun (Tax Map Parcel 62-DI-IA), thereby allowing neighborhood residents access to
facilities in Pen Park and other portions of the Greenway, system. If the request is not made within
seven (7) years from the date of submission of the first final site plan for Phase I, this proffer shall
become null and void. If such cash contribution is not expended for the stated purpose within two
(2) years from the date the funds were contributed to the County, all unexpended funds shall be
refunded to the Owner.
4. Road Construction and Reservation of Right-of-way.
4.1 North Free State Connector Road. The Owners shall dedicate upon demand by the
County a one hundred (100) foot wide right-of-way to public use as shown on Exhibit 2B of the
General Development Plan and labeled "Reserved Road ROW". Where less than one hundred
(100) feet of right-of-way is available on the Owner's Property (Approximately the first 800 feet
from Rio Road), the Owner shall dedicate the available right-of-way. Fee simple interest shall be
dedicated by the Owner within six (6) months following receipt by the Owner of written notice
of demand by the County. The Owner shall pay for the costs of surveying and preparing deeds
necessary to complete such dedication. The County must accept the dedication within twelve (12)
months following its demand for dedication.
4.2 Future North Free State Connector Extension Road. The Owner shall dedicate a one
hundred (100) foot strip of land along the Property boundary with the Norfolk Southern Railroad
as shown on Exhibit 2C of the General Development Plan and labeled "100' Reserved Road
ROW" for dedication upon demand by the County for the purpose of constructing a road that
extends the North Free State Connector Road northward across the Rivanna River. The Owner
shall dedicate right-of-way within six (6) months following written notice of demand by the
County. Such reservation shall remain in place through December 31, 2025. The County must
accept the dedication within twelve (12) months following its demand for dedication. Should this
road be removed from the Albemarle County Comprehensive Plan, said reservation shall become
null and void, and the Owner or Successors shall retain fee simple ownership of the parcel.
4.2.1 North Free State Connector Extension Road Design. The Owner
shall demonstrate to the satisfaction of the County Engineer and VDOT that the North Free State
Connector Extension Road can be accommodated by the Block 2 Development Plan. Approval
by V DOT and the County Engineer must be secured prior to final platting and road plan approval
in Block 2.
4.3 Free State Road Right-of-way. The Owner shall dedicate, upon demand by the
County, a fifty (50) foot wide right-of-way along portions of the existing Free State Road that are
on the Owner's Property from its proposed intersection with Belvedere Blvd between Road C and
Road K to its intersection with Loring Run Road. Where the road is only partially on the Property,
the Owner shall dedicate sufficient right-of-way width to ensure a total right-of-way of not less
than fifty (50) feet inclusive of the existing proscriptive right-of-way. The right-of-way shall be
conveyed within six (6) months following receipt of written notice by the County, in the form of
a general warranty deed and the Owner shall bear the cost of a survey and preparation of the deed.
If the dedicated land is not used for the purpose for which it was dedicated within two (2) years
105
from the date of dedication, the County shall transfer the land back to, and for the use of, the
Owner.
4.4 Connection to Dunlora Farm. The Owner shall dedicate upon demand by the County,
a fifty (50) foot wide right-of-way extending from Road D to the property line at the eastern terminus
of Road J, as shown on Exhibit 2C of the General Development Plan. The right-of-way shall be
conveyed within six (6) months following receipt of written notice by the County, fee simple, in the
form of a general warranty deed and Owner shall bear the cost of a survey and preparation of the
deed. The County must accept the dedication within twelve (12) months following its demand for
dedication. If the dedicated land is not used for the purpose for which it was dedicated within ten
(10) years from the date of dedication, the County shall transfer the land back to, and for the use of,
the Owner.
4.5 Fairview Access. The Owner agrees to provide to Fairview Swim Club ewner-ef a
fifty (50) foot wide access easement from Belvedere Drive to the edge of the Fairview Swim Club
Property, (Tax Map Parcel 61-160B and 61-160C) to facilitate vehicular access to the existing
Fairview entrance or in other such location that is mutually agreeable to the parties and in
conformance with applicable County and VDOT regulations. The Owner shall grant easement
within sixty (60) days following approval of final road plan for Belvedere Boulevard in Phase 1.
S. Overlot Grading Plan
5.1. Subdivision Plans. The Owner shall submit an overlot grading plan meeting the
requirement of this section (hereinafter, the "plan") with the application for each subdivision of
Property into single family detached lots 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 Property within the
subdivision shalt 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 grading
is not consistent with the approved grading plan. The plan shall satisfy the following:
(a) The plan shall show all proposed streets, building sites, setbacks, 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 designed to assure that surface
drainage can provide adequate relief from the flooding of dwellings in the event a
stain). sewer fails.
106
(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.
6. Preservation of Historic Structures, Sites and Archaeological Sites.
6.1 Archaeological Survey. A Phase I Archaeological Study for the Property shall be
submitted by the Owner to the Director of Planning for his review and approval prior to issuance
of a grading permit. An archaeological resource treatment plan shall be submitted by the Owner
to, and approved by, the Director of Planning for all sites in the Phase I study that are recommended
for Phase II evaluation, and/or identified as being eligible for inclusion on the National Register
of Historic Places. If a Phase II study is undertaken, such a study shall be approved by the Director
of Planning and a treatment plan for said sites shall be submitted to, and approved by, the Director
of Planning for sites that are determined to be eligible for inclusion the National Register of
Historic Places and/or those sites that require a Phase III study. If, in a Phase II study, a site is
determined to be eligible for nomination to the National Register of Historic Places and said site
is to be preserved in place, the treatment plan shall include nomination of the site to the National
Register of Historic Places. If a Phase III study is undertaken for said sites, such studies shall be
approved by the Director of Planning prior to land disturbance within the study area. All Phase I,
Phase II, and Phase III studies shall meet the Virginia Department of Historic Resources'
Guidelines for Preparing Archaeological Resource Management Reports and the Secretary of the
Interior's Standard and Guidelines for Archaeological Documentation, as applicable, and shall be
conducted under the supervision of a qualified archaeologist who meets the qualifications set forth
in the Secretary of the Interior's Professional Qualification Standards. All approved treatment plans
shall be incorporated into the plan of development for the site and shall be adhered to during the
clearing, grading, and construction activities thereon.
6.2 Potential Artifacts. Should Phases I or II or III studies yield objects or artifacts of
archaeological significance, these objects shall be conveyed to the Virginia Department of
Historic Resources (VDHR) for long term preservation. Should Phase III fieldwork yield
107
subsurface architectural features and artifacts related to I8`"- or early 10-century domestic
occupations at Free State, and should these sites be deemed archaeologically significant by
archaeologists with the Digital Archaeological Archive of Comparative Slavery (DAACS) based
at the Thomas Jefferson Foundation, these artifacts will be submitted to the archaeologists at the
Thomas. Jefferson Foundation for analysis and entry into DAACS prior to being conveyed to
the VDHR. The Owner will be solely responsible for conveying all artifacts analyzed by DAACS
to the VDHR within thirty (30) days of receipt of such artifacts.
6.3 Roadside Markers. Upon request by the County, the Owner shall contribute up to
five thousand dollars ($5,000) cash to fund the cost of creating and installing two roadside
historical markers as described in section 5 of the Code of Development. If the request is not made
within one (1) year from the date of approval of the first final site plan for Phase 1, this proffer
shall become null and void. If such cash contribution is not expended for the stated purpose within
two (2) years from the date the funds were contributed to the County, all unexpended funds shall
be refunded to the Owner.
7. Phasing and Mitigation of Impact.
7.1 Phasing. Phases of Belvedere infrastructure will be constructed sequentially
beginning with Phase 1, then 2, etc. This proffer shall not restrict the Owner's ability to develop
multiple phases concurrently nor shall it require the completion of all buildings and other
improvements in one phase before beginning construction on the next.
7.2 Mitigation of Construction Traffic Impact. The Owner shall neither establish, not
allow to be established, ingress or egress for any vehicle, heavy equipment, or faun machinery or
farm equipment to and from the Property except at the intersection of the alignment of Belvedere
Boulevard and East Rio Road, as shown on Exhibit 2B, and from the northern segment of Free
State Road that crosses Free State Bridge, as shown on Exhibit 1, of the General Development
Plan, or on any public street shown on a final subdivision plat that has been constructed and
accepted by V DOT or bonded for acceptance by VDOT. For purposes of this proffer, the term
"vehicle" means every device on or by which any person or property is or may be transported or
drawn on a highway, except devices moved by human power or used exclusively on stationary
rails or tracks, that are used in the construction on or below the Property, including all
improvements placed on the property by the Owner, its contractors, subcontractors or agents.
The term "heavy equipment" means self-propelled, self -powered or pull -type equipment and
machinery, including engines, weighing five thousand (5,000) pounds or more, primarily
employed for construction, industrial, maritime, mining and forestry uses.
8 Code Enforcement.
8.1 Architectural Standards. The Owner shall prepare and record a declaration
of covenants, conditions and restrictions that, among other things, establishes architectural
standards equal to or more stringent than the architectural standards in the Code of
Development, and establishes an Architectural Standards Committee ("ASC"). The
declaration shall include among the powers and duties of the ASC the authority and
108
responsibility to determine that each structure within the Property complies with all
applicable architectural standards before submitting the proposal to the County to conduct
its review for compliance with the architectural standards established in the Code of
Development.
Signature fAll Owner Printed Names of All Owners: Date:
C_ 4L� e-
New Belvedere, Inc.
��Z_ /x1Y ('— ZS�2n
Bel a ere Lad Holdings, LLC
109
Appendix A— Carriage House Units
General Standards
Modified by ZMA 2018-00007
All Carriage House Units must be constructed in the same architectural style as the
primary residence and must employ the same exterior color selections as the primary
residence. Setback regulations for Carriage House Units shall be the saute as those for
garages.
Carriage House Units are separate, detached independent living units which are included
with a single family detached unit or a single family attached unit, and are clearly
subordinate to the primary residence. These units are typicafly located above a garage
(which garage may be either attached to, or detached from the primary residence), and
are restricted to a maximum finished area of 800 ft. While these units may have a distinct
street address and may be provided with separate utility meters if utilized as a rental
unit, they may not be subdivided from the primary residence. Carriage House Units
must meet all architectural standards applicable to the primary residence. Setbacks shall
be the same as those applicable to a traditional detached or attached garage, as applicable.
Carriage house units play an important role in providing for affordable housing. As an
inexpensive rental unit, they help provide affordable rental housing that is integrated into
the larger community. An additional benefit is that the units are "Cash flow positive"
helping to make the primary residence more affordable by providing the owner with
additional cash flow to pay the mortgage. These units have been widely utilized in other
TND neighborhoods with tremendous success.
36763539 4.d..
110