HomeMy WebLinkAbout20071212actions 1
ACTIONS
Board of Supervisors Meeting of December 12, 2007
December 17, 2007
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 2:03 p.m., by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan, and Meagan Hoy.
2. Work Session: Five Year Financial Plan, continued
discussion.
• HELD.
3. Code of Governance.
• HELD.
4. Closed Session.
• At 5:28 p.m., the Board went into closed session
5. Call to Order.
• Meeting was called back to order at 6:09 p.m., by
the Chairman, Mr. Boyd.
5a. Certify Closed Session.
• Motion was immediately offered to certify the
Closed Session which passed by a vote of 6:0.
Non Agenda Item: Appointments.
• APPOINTED Alan Collier (Rivanna), David
Cooke (Jack Jouett), Rosa Hudson (Scottsville),
C. Marshall Thompson (Rio), and Alice Nye Fitch
(Samuel Miller) to the Equalization Board with
said terms to expire December 31, 2008.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions
book, update webpage, and notify appropriate
persons.
8. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
• Due to the drought, the Board encouraged
citizen’s on private wells to conserve water. The
Board DIRECTED staff to bring back wording for
a resolution requesting voluntary compliance with
a similar set of guidelines required for public
water users for well water users.
Lindsay Dorrier:
• APPROVED, by a vote of 6:0, drafting a
resolution to commend the MHS Football team
for winning the State Championship.
Ken Boyd:
• ADOPTED, by a vote of 6:0, resolution in
opposition to the practice of Payday Loan
Lending.
Clerk: Draft Resolution for January 9, 2008
agenda.
Clerk: Draft resolution and forward to School
Board Office.
Clerk: Forward signed resolution to Peter
Perdue and appropriate individuals.
(Attachment 1)
9. From the Public: Matters not Listed on the Agenda.
• Veronica Wilson of IMPACT addressed the Board
regarding the need for affordable housing.
• Peter Perdue thanked the Board for adopting the
Payday Loan Resolution.
• Harvey Wilcox urged the Board to correct the
lapse in enforcement of a conservation easement
located on Turner Mountain Wood in Ivy.
• Valerie Long, representing the owners of the
Turner Mountain Wood property, asked to be
notified when this item comes before the Board
2
so that they can be involved in the discussion.
11. SP-2007-0034. First Church of the Nazarene –
Church.
• APPROVED SP-2007-00034, by a vote of 5:1
(Thomas), subject to the six conditions
recommended by the Planning Commission,
modified at the Board meeting, and a 7th
condition added at the Board meeting.
Clerk: Set out conditions of approval.
(Attachment 2)
The Board took a brief recess at 7:57 p.m. and
reconvened at 8:04 p.m.
12. ZMA-2004-022, Treesdale Park (Sign #33).
• APPROVED ZMA-2004-22, by a vote of 5:1
(Wyant), inclusive of Application Plan dated
November 20, 2007, and proffers dated Dec. 12,
2007, signed December 3, 2007.
Clerk: Set out applicant’s proffers.
(Attachment 3)
13. SP-2007-021. Beth Goldstein (Yoga Meditation
Studio) – (Sign #46)
• APPROVED SP-2007-021, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission and modified at the
Board meeting.
Clerk: Set out conditions of approval.
(Attachment 4)
14. ZMA-2007-004. Oakleigh Farm (Sign #62).
• DEFERRED ZMA-2007-004, by a vote of 6:0, to the
next appropriate meeting.
Clerk: Schedule on future agenda.
15. ZMA-2007-006. Three Notch'd Center.
• APPROVED ZMA-2007-06, by a vote of 6:0,
inclusive of the application plan dated August 15,
2007 and proffers dated December 11, 2007 and
signed December 12, 2007.
Clerk: Set out applicant’s proffers.
(Attachment 5)
16. ZMA-2007-011. Patterson Subdivision.
• REFERRED ZMA-2007-011, by a vote of 6:0,
back to the Planning Commission for further
review.
Clerk: Reschedule on agenda when ready to
come back to Board.
17. ZMA-2007-014. Liberty Hall Amendment (Sign # 36
& 39)
• APPROVED ZMA-2007-14, by a vote of 6:0,
inclusive of the amended proffers dated and
signed November 21, 2007.
Clerk: Set out applicant’s proffers.
(Attachment 6)
18. From the Board: Committee Reports.
Sally Thomas:
• Commented that if any Federal Funds are used
in the construction of the Crozet Library, the
property must go through Section 106 review.
• The Southern Albemarle District has been added
to the Historic Register.
• The Historic Preservation Committee will be
coming to the Board with suggestions on its
membership.
• Said she has reports on what Maryland is doing
with the BRAC plans in their state. Albemarle
might be able to use it as a model.
• Invited Board members to TJPDC Open House
on December 13, 2007.
• The TJPDC asked each jurisdiction to present
local reports at meetings. She thanked
Albemarle County for the information on cash
proffers.
• She encouraged Board members to volunteer for
3
VACO committees.
• Chesapeake Bay Stewardship awards have gone
to Charlottesville and UVA. She would like to
work on Albemarle County being recognized as
well.
Dennis Rooker:
• There was a meeting on Charitable Land Trust.
He suggested that the Housing Committee get a
copy of the strategies that was presented at the
meeting. Bill Edgerton, of the County Planning
Commission, has the Power Point that was
presented.
David Slutzky:
• The Safer Chemicals Committee is close to
presenting information to the Board.
• The Affordable Housing Task Force met, and
there was a discussion of what the charge should
be. He will share information individually with
other each Board member.
• The MPO will be making a presentation to the
Board on January 9, 2008.
19. Adjourn to Wednesday, January 9, 2008, 9:00 a.m.,
Lane Auditorium.
• The meeting was adjourned at 11:28 p.m.
ewj/mrh
Attachment 1 – Resolution - Payday Lending Practices
Attachment 2 – Conditions of Approval for SP-2007-0034 - First Church of the Nazarene
Attachment 3 – Proffers – ZMA 2004-022. Treesdale Park
Attachment 4 – Conditions of Approval for SP-2007-21 - Beth Goldstein (Yoga Mediation Studio)
Attachment 5 – Proffers - ZMA-2007-006. Three Notch’d Center
Attachment 6 – Proffers – ZMA-2007-014. Liberty Hall
4
Attachment 1
RESOLUTION
OF THE BOARD OF SUPERVISORS, ALBEMARLE COUNTY, VIRGINIA
TO REQUEST THAT THE GENERAL ASSEMBLY AND GOVERNOR OF VIRGINIA TAKE ACTION TO
PREVENT EXPLOITATIVE PAYDAY LENDING PRACTICES IN THE COMMONWEALTH
WHEREAS, the Board of Supervisors of Albemarle County, Virginia, represents the citizens of the
County of Albemarle, Virginia; and
WHEREAS, the Board of Supervisors of Albemarle County, Virginia, senses from the citizens of the
County of Albemarle significant concern over what are perceived to be some exploitative
payday lending practices in the County of Albemarle and elsewhere in the
Commonwealth, including practices which may exploit dedicated, brave women and men
who are called for deployment as part of the armed forces of our Nation both in the
United States and various parts of the world in the cause of freedom and security of our
Nation; and
WHEREAS, the Board of Supervisors of Albemarle County, Virginia, shares these same significant
concerns and wishes to express the collective sentiments of the people of the County of
Albemarle, Virginia, that the General Assembly and Governor of Virginia, ought to take
action to prevent further exploitative payday lending practices; and
WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their earnest
attention to these matters at the next regular session of the General Assembly and enact
laws that will prevent further exploitative payday lending practices.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Albemarle,
Virginia, that the General Assembly and the Governor of the Commonwealth of Virginia
are requested to take action in connection with the next regular session of the General
Assembly of Virginia to enact laws that will prevent further exploitative payday lending
practices, including but not limited to:
1. Enactment of an annual interest rate cap of 36% for any consumer loans made in
the Commonwealth of Virginia;
2. Prohibition of the use of a personal check or other method by a creditor to gain
access to a consumer’s bank account or method to gain title to a consumer’s
motor vehicle as collateral for a payday loan; and
3. Enactment of supplementary and complementary provisions which mirror the
provisions of what is commonly referred to as the Talent-Nelson Amendment
(Senate Amendment 4331), entitled “Terms of Consumer Credit Extended To
Service Member’s Dependent” and referenced on page S6352 of the June 22,
2006 Congressional Record–Senate, a copy of which is annexed to and
incorporated by reference in this Resolution.
5
Attachment 2
CONDITIONS OF APPROVAL
SP- 2007-00034 First Church of the Nazarene
1) The church’s improvements and the scale and location of the improvements shall be developed in
general accord with the conceptual plan entitled Charlottesville First Church of the Nazarene”,
prepared by The McKnight Group, and dated November 20, 2007, provided that:
a) Entrance improvements shall be approved by VDOT prior to final site plan approval, and
shall include a right-turn lane at the entrance;
b) All parking setbacks and undisturbed buffers required by Zoning Ordinance § 21.7,
Minimum Yard Requirements, shall apply; and
c) The number of parking spaces shall not exceed one hundred fifty (150) without
amendment of this special use permit. Relegated parking should be used to the greatest
extent possible.
2) The area of assembly shall be limited to a maximum three hundred seventy-four (374)-seat
sanctuary;
3) Facilities on the site shall be used for church activities and shall not be rented or used for
separate commercial uses available to the public. A daycare facility shall require approval of an
additional special use permit for that use;
4) All outdoor lighting shall be arranged or shielded to reflect light away from the abutting properties.
A lighting plan reasonably limiting the amount of adverse outdoor light pollution shall be submitted
to the Zoning Administrator for approval as a condition of preliminary site plan approval;
5) Virginia Department of Health approval of well and septic systems before final site plan approval;
6) If the use, structure, or activity for which this special use permit is issued is not commenced within
the meaning of Zoning Ordinance § 31.2.4.4 by December 12, 2012, the permit shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate; and
7) The plans shall be in general accord with the architectural renderings presented by the applicant
at this meeting (December 12, 2007), subject to modification by the Architectural Review Board.
6
Attachment 3
Original Proffer: December 12, 2007
PROFFER FORM
Date: December 12, 2007
ZMA # 2004-022
Tax Map and Parcel Number(s): 61-182; 61-183; and 61-183A
6.646 Acres to be rezoned from R-4 to PRD (Planned Residential Development) in conjunction with the
“Application Plan,” sheet C-4.0 of the Treesdale Park ZMA Application Plan package prepared by the Cox
Company, last revised on November 20, 2007 and with Proffer Attachment 1 (see Sheet A-1.0 on page 7
of these proffers).
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the property, if rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
1. Maximum Residential Density. The number of residential dwelling units that may be
developed in Treesdale Park shall not exceed 90 units.
2. Road Improvements. Applicant (also referred to herein as the “Owner”) shall cause
completion of the following road improvements:
A. Rio Road Improvements and Internal Connections. The Owner shall dedicate
public right-of-way and construct all public road improvements and internal
private connections to the signal at Pen Park Lane shown on Attachment 1
(Sheet A-1.0).
The Owner shall dedicate land fronting Rio Road from the northern property line
to the Treesdale Park entrance for the construction of a deceleration/turn lane
into the project. The Owner shall also dedicate land fronting Rio Road from the
Treesdale Park entrance to the southern property line for the construction of a
deceleration/turn lane which is shown on Attachment 1 (Sheet A-1.0).
B. Proposed Signal at the Stonewater Entrance and Rio Road/Pen Park Lane
Intersection. Within 30 days after VDOT determines that a traffic signal is
warranted at the intersection of the Stonewater Entrance and Rio Road/Pen Park
Lane, the Owner shall make a cash contribution to the County equivalent to its
one-third share of the total costs associated with the design, installation of all
required signals at Rio Road and Pen Park Lane and all associated intersection
improvements.
C. The Owner shall not request that a certificate of occupancy be issued for any
building in Treesdale Park prior to the completion of the improvements and the
dedication of land and public improvements delineated in Proffer 2(A) and shown
on Attachment 1 (Sheet A-1.0).
3. Affordable Housing. The Owner shall provide affordable housing (as described herein)
(“Affordable Units”) equal to one hundred percent (100%) of the total residential units
constructed on the Property, in the form of for-rent apartments. Each subdivision plat
and site plan for the Property, other than those executed for purposes other than the
creation of housing units, shall designate the units that will, subject to the terms and
conditions of this proffer, incorporate Affordable Units as described herein.
7
Affordability; Rental Rates. For the purposes of this Proffer 3, “Affordable Units” shall
mean rental units which have gross rents (rent plus tenant-paid utilities) that do not
exceed 120% of Fair Market Rents published by the U.S. Department of Housing and
Urban Development (HUD); provided that, in each subsequent calendar year, the
monthly net rent for each for-rent affordable unit may be increased up to three percent
(3%). For purposes of this Proffer 3, the term “net rent” means that the rent does not
include tenant-paid utility costs.
Term. The requirement that the rents for such for-rent affordable units may not exceed
the maximum rents established in this Proffer 3 shall apply for a period of fifteen (15)
years following the date the certificate of occupancy is issued by Albemarle County for
each for-rent affordable unit, or until the units are sold as low or moderate cost units
qualifying as such under the County’s Affordable Housing Policy.
Conveyance of Interest. All instruments 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 Proffer 3. 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 disclosure of the restrictions and controls established by this Proffer 3. At least
thirty (30) days prior to the conveyance of any interest (other than for the securing of a
mortgage or deed of trust) in any for-rent affordable unit during the Affordable Term, the
then-current owner shall notify the Albemarle County Chief of Housing in writing of the
conveyance and provide the name, address and telephone number of the potential
grantee, and state that the requirements of this Proffer 3 have been satisfied.
Reporting Rental Rates. During the Affordable Term, within thirty (30) days after the
commencement of the lease term for each for-rent affordable unit, the Owner shall
provide to the Albemarle County Housing Office a copy of the lease agreement for each
such unit rented that shows the rental rate for such unit and the term of the lease. In
addition, during the Affordable Term, the Owner shall provide to Albemarle County, if
requested, any reports, copies of lease agreements, or other data pertaining to rental
rates as Albemarle County may reasonably require.
4. Meadow Creek Parkway Greenway Trail Easement Dedication. The Owner shall
dedicate to public use land within a 30-foot wide access easement to Albemarle County
for a “greenway trail”. This greenway trail shall serve as a pedestrian path through the
Property connecting to the section of the proposed Meadow Creek Parkway Greenway
trail, and its alignment and layout shall be in general accord with the schematic design
depicted on the Application Plan. The ultimate design and location of the trail shall be
established by the Director of Planning in consultation with the Director of Parks and
Recreation and shall provide access to the Meadow Creek Parkway Greenway. If the
Greenway trail easement is not dedicated by the first final subdivision plat, the Owner
shall be responsible for the cost of a survey and preparing the deed and plat to convey
the Greenway trail easement to the County before the first final site plan approval. After
it is dedicated to public use, the Greenway Trail and all land within the access easement
shall continue to be included in the total area of open space and amenities within the
Property.
If the owner of the adjacent property, Tax Map 61 Parcel 84, dedicates to public use a
Greenway trail easement that would serve as a substitute for the Greenway trail
easement described in this proffer to the satisfaction of the Director of Planning in
consultation with the Director of Parks and Recreation prior to approval of the first final
subdivision plat or site plan on the Property, then this proffer shall be deemed satisfied.
5. Transit Reservation Area. The Owner shall reserve an area for a bus pull-off from Rio
Road within the northeast portion of the site, within the common open space area located
directly to the east of Building 1 in general accord with the Application Plan. Should
fixed-route bus service associated with the Charlottesville Transit Service (CTS) ever be
extended to serve the section of Rio Road adjacent to the site, upon demand of the
8
County, the Owner, at its own expense, shall construct the bus stop to accommodate a
bus pulling off Rio Road and picking up riders in a dedicated lane located within the
Property. In conjunction with the bus pull-off area, the Owner shall also construct a small
transit shelter to complete the bus stop. The specific design standards of the bus pull-off
and the shelter shall be determined by VDOT, CTS, and the Director of Community
Development within sixty days of the County’s formal request for the transit stop. In the
absence of any fixed-route service, Treesdale Park shall be designed to accommodate
the CTS On-demand Link or JAUNT service within the community as a means of
providing public access to residents per the existing programs.
6. Off-Site Improvements. The Owner shall provide stormwater management within the
area depicted on the Application Plan which may also be used as a shared stormwater
management and Best Management Practices (BMP) facility to serve both Treesdale
Park and the development of Tax Map 61-84. No final site plan shall be approved until all
easements necessary for the off-site improvements shown on the Application Plan have
been recorded. These off-site improvements include grading, stormwater management,
construction of an accessway to the stormwater management facility and transportation
improvements to the intersection of Rio Road and Pen Park Lane.
7. EarthCraft Standards for Multifamily Development. The Owner shall cause all
multifamily buildings within the Project to be designed and constructed so as to be rated
a minimum of “Certified” under the EarthCraft Green Building Rating System for
multifamily development, as set forth in the EarthCraft House Technical Guidelines,
version November, 2006. Prior to the issuance of a building permit, the Owner shall
submit a certification from the EarthCraft certified project architect to the Director of
Community Development that the building plan meets the EarthCraft standards. Before
the Owner requests a certificate of occupancy for any building for which a licensed
architect rendered such a certificate, the Owner shall submit to the County’s Director of
Community Development documentation that the building is EarthCraft certified.
8. Erosion and Sediment Control Measures. In order to provide a higher level of Erosion
and Sediment Control than is required by current State and Local regulations, the Owner
shall adopt construction procedures and practices that provide additional soil stabilization
measures to achieve permanent stabilization immediately upon reaching final grades, but
no more than six months from the start of construction. These procedures and practices
shall include:
A. Utilize wire reinforced silt fence rather than standard silt fence.
B. Immediately upon reaching final grade, utilize permanent seed and matting to
stabilize all slopes steeper than 3H:1V.
C. Stablize with temporary seeding all disturbed areas that are not at final grade but
will remain dormant longer than 14 days.
D. Place fencing prior to the start of construction around areas to be conserved.
E. Other measures deemed better or equivalent by the County Engineer.
Submitted as of the 12th day of December , 2007, by:
ALBEMARLE HOUSING IMPROVEMENT PROGRAM, INC.
A Virginia nonstock, 501(c)3 non-profit corporation
By:
Its Executive Director
By: (Signed) Theresa L. Tapscott
Its: Executive Director
Date: 12-03-2007
9
Attachment 4
CONDITIONS OF APPROVAL
SP-2007-021. Beth Goldstein (Yoga Mediation Studio)
1) The school use shall be limited to a school of yoga and meditation instruction, and the location
and scale of improvements for that use shall be developed in general accord with the conceptual
plan titled "Ms. Beth Goldstein/Yoga-Meditation Studio," prepared by Studio Elle, LLC, dated 8-2-
07, and revised 10/3/07, provided that:
a) Staff approval of a revised landscape plan shall be required. Plantings for screening of
the parking lot, to consist of a naturalistic pattern of multi-species trees and shrubs, as
listed in the brochure titled “Native Plants for Conservation, Restoration, and
Landscaping: Piedmont Plateau,” published by the Virginia Department of Conservation
and Recreation, are to extend along the northwest edge of the parking area from the
property line to the existing framed shed shown on the conceptual plan. These plantings
to be arranged in a density that would mitigate views of the parking area, with a spacing
allowing the natural form/habit of the plant material to be recognized.
2) Maximum attendance on any day shall be eighteen (18) students;
3) No outdoor amplified sound systems shall be operated for the school use;
4) Classes shall take place on no more than twenty (20) days per calendar month. Hours of
operation shall be no earlier than 8 a.m. and no later than 8 p.m.;
5) The use shall not commence and the zoning clearance for the use shall not be issued until:
a) The Virginia Department of Transportation approves the sight-distance easements and
the construction of the entrance improvements;
b) The Virginia Department of Health approves well and septic systems; and
c) Community Development staff approves a revised landscaping plan for SDP-2007-00095
that satisfies Condition 1(a).
10
Attachment 5
Original Proffer ___X___
Amended Proffer ______
(Amendment #______)
PROFFER FORM
Date: 12 /11/2007 ZMA # 2007 – 006 Tax Map Parcel(s) # 56 A(3) – 9, 11
2.32 Acres to be rezoned from LI to PD-SC
in accordance with the Application Plan prepared by NP Engineering dated 1/2/07 revised 8/15/07
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the property, if rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
The development of the Property shall be limited to those uses allowed by right under Section 18-25.2.1
and those uses allowed by special use permit under Section 18-25.2.2 of the Albemarle County Code,
excepting those by right uses delineated in Sections 18-22.2.1, 18-23.2.1 and 18-24.2.1 listed
below, as all of those sections are in effect on December 12, 2007, copies of which are attached hereto.
The following by right commercial and service establishments shall not be permitted on the Property:
(1) The Permitted uses of the property, and/or uses authorized by special use permit, shall be only
those uses allowed by Albemarle County Code Section 18-25.2 in effect on 12/12/2007. The by
right uses permitted under Albemarle County Code Section 18-25.2.1.1, the C-1, CO, and HC
uses cross-referenced therein shall include only those commercial and service establishments
allowed in Albemarle County Code Sections 18-22, 18-23, and 18-24 in effect on 12/12/2007
except the following:
A. Cemeteries: 18-22.2.1.b3, 18-23.2.1.4, 18-24.2.1.5
B. Fire & rescue squad stations: 18.22.2.1.b6, 18-24.2.1.13
C. Indoor theaters: 18-22.2.1.b9, 18-24.2.1.38
D. Libraries, museums: 18-22.2.1.b12, 18-23.2.1.5
E. Automobile service stations 18-22.2.1.b16, 18-24.2.1.5
F. Automobile, truck repair shop, excluding body shop: 18-22.2.1.b22, 18-24.2.12
G. Hotels, motels and inns: 18-24.2.1.20
H. Mobile home and trailer sales: 18-24.2.1.23
I. Modular bldg sales: 18-24.2.1.24
J. Motor vehicle sales, service and rental: 18-24.2.1.25
K. Building material sales: 18-24.2.1.4
L. Light warehousing: 18-24.2.1.21
M. Machinery and equipment sales, service, and rental:18-24.2.1.22
N. New automotive parts sales: 18-24.2.1.26
O. Sale of major recreational equipment and vehicles: 18-24.2.1.32
P. Wholesale distribution: 18-24.2.1.34
Q. Heating oil sales and distribution: 18-24.2.1.39
R. Indoor athletic facilities: 18-22.2.1.b24, 18-24.2.1.42
Copies of Albemarle County Code Sections 18-22.2.1, 18-23.2.1, 18-24.2.1, and 18-25.2 on 12/12/2007
are attached as Exhibit A.
(Signed) Jeffrey S. Sprouse Jeffrey S. Sprouse_(TMP 56A3-11)
Signatures of All Owners Printed Names of All Owners Date
(Signed) Jeffrey Sprouse Jeffrey Sprouse (TMP 56A3-9) 12/12/07
11
Attachment 6
Original Proffer ____
Amended Proffer X
AMENDED PROFFER FORM
Date of Proffer Signature: 11/21/2007
ZMA #2007-00014
Tax Map Parcels: 56-97A; 56-97A1
8.01 Acres to be rezoned from NMD (Neighborhood Model District) with Proffers [ZMA 2005-00051
to NMD (Neighborhood Model District) with Amended Proffers
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the property, if rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
1. The Owner shall contribute $137,600 ($3,200 per unit for 43 units) cash to the County’s
capital improvement program for the purpose of mitigating impacts from this
development. The cash contribution shall be used for transportation improvements (i.e.
Eastern Avenue), schools, libraries, fire and rescue, parks or any other public use serving
the Community of Crozet as identified in the Crozet Master Plan. Contributions shall be
payable under one of the following methods, which shall be designated by the County: (1)
ninety (90) days after receipt of written notice by the Owner from the County identifiing a
Capital Improvement Project within the Community of Crozet for which the cash would be
applied, provided that contributions for a Capital Improvement Project shall not exceed
$50,000 during any sixty (60) day period and said request is after the County’s approval
of the first final site plan or subdivision plat within the Project, or (2) in increments of
$3,200 cash per lot, for any market-rate townhouse or new detached single family
dwelling unit prior to or at the time of issuance of a building permit for any improvement
thereon. If the cash contribution has not been exhausted by the County for the stated
purpose within (10) ten years from the date of the County’s receipt of the final
contribution, all unexpended funds shall be applied to a project(s) identified in the
County’s Capital Improvements Program for the Community of Crozet.
2.
A. The Owner shall provide eight (8) units of affordable housing for lease or sale as
identified on the General Development Plan produced by Timinons Group, dated
August 15, 2005 and last revised April 6, 2006, entitled “Application Plan —
Figure 2”. The eight (8) units shall be comprised of one or more of the following
unit types: single-family attached housing (townhouses), condominiums or
apartments/flats for rental. The Owner or his successor in interest reserves the
right to achieve the eight (8) equivalent affordable units in a variety of ways,
utilizing the above mentioned unit types alone or in combination as outlined
below. The Owner shall convey the responsibility of constructing the affordable
units to any subsequent purchaser of the subject property. The current Owner or
subsequent Owner shall create units affordable to households with incomes less
than 80% of the area median income, such that housing costs consisting of
principal, interest, real estate taxes and homeowner’s insurance (PITT) do not
exceed 30% of the gross household income.
i. For-Sale Affordable Units - All purchasers of for-sale affordable units
shall be approved by the Albemarle County Office of Housing or its
designee. The Owner/Builder shall provide the County or its designee a
period of 180 days to identify and pre-qualify an eligible purchaser for the
affordable units. The 180-day period shall commence upon written notice
from the Owner that the units will be available for sale. This notice shall
12
not be given more than 120 days prior to the anticipated receipt of the
certificate of occupancy. If the County or its designee does not provide a
qualified purchaser during this period, the Owner shall have the right to
sell the unit(s) without any restriction on sales price or income of
purchaser(s). If these units are sold, this proffer shall apply only to the
first sale of each of the eight (8) units.
ii. For-Rent Affordable Units
1. Rental Rates For-Lease Affordable Units The gross lease
amount, including tenant paid utilities, shall not exceed one-
hundred twenty (120%) percent of the fair market value of rentals
published by the Department of Housing and Urban
Development that is in effect when the Unit(s) is available for
occupancy. In each subsequent calendar year, the monthly net
rent for each for-rent affordable unit may be increased up to
three percent (3%). For purposes 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 lb(i) 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”).
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 SB. 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 lb(ii) have been satisfied.
3. Reporting of 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 unit rented that shows the rental rate
for such 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.
B. County Option for Cash In Lieu of Affordable Units. If at any time prior to the
County’s approval of any preliminary site plan or subdivision plat for the subject
property which includes one or more for-sale Affordable Dwelling Units, the
County’s Housing Office informs the then-current owner/builder in writing that it
may not have a qualified purchaser for one or more of the for-sale Affordable
Dwelling Units at the time that the then-current owner/builder expects the units to
13
be completed, and that the County will instead accept a cash contribution to the
County to support affordable housing programs in the amount of Nineteen
Thousand One Hundred Dollars ($19,100) in lieu of each Affordable Unit(s), then
the then-current owner/builder shall pay such cash contribution to the County
prior to obtaining a certificate of occupancy for the Unit(s) that were originally
planned to be Affordable Dwelling Units, and the then-current owner/builder shall
have the right to sell the Unit(s) without any restriction on sales price or income
of the purchaser(s). For the purposes of this proffer, such Affordable Dwelling
Units shall be deemed to have been provided when the subsequent
owner/builder provides written notice to the Albemarle County Office of Housing
or its designee that the Affordable Units(s) will be available for sale.
3. Within 30 days after VDOT determines that a traffic signal is warranted at the intersection
of Radford Lane and Route 250 or at the intersection of Eastern Avenue and Route 250,
the Owner shall make a cash contribution to the County to pay for its share of the cost to
install a traffic signal by others. The Owner’s cash contribution shall be based upon the
traffic volume generated by this site at the intersection, as compared to the total traffic
volume at the intersection creating the need for the traffic signal, as determined by
VDOT, Albemarle County, or the Owner’s traffic consultant with the review and approval
by VDOT and Albemarle County, and be determined by Albemarle County using an
equitable method for determining the Owner’s pro-rata share of the cost. This proffer
shall be in effect until December 31, 2013.
4. The Owner shall dedicate and convey to Albemarle County, prior to the first final site plan
approval, a 10-ft wide access easement to accommodate the construction, maintenance,
and use of a Class B primitive trail connecting a sidewalk at the northern end of “Road D”
to the property line adjacent the 20’ sewer easement on TMP 56-97 as shown on the
General Development Plan. The access easement shall be shown on the subdivision plat
or site plan for the underlying or adjacent lands within the Project and constructed by
Owner in conjunction with the improvements for that subdivision plat or site plan. The
primitive trail shall be designed and constructed in accordance with the standards
identified in the Albemarle County Comprehensive Plan, Appendix A — Greenway Plan.
If the primitive trail access easement is not dedicated as part of a subdivision pJat, the
Owner shall pay all costs of surveying and preparing legal documents in a form
acceptable to the County Attorney necessary to dedicate the easement.
5. Overlot grading Plan — Plats: The Owner shall submit an over-lot grading plan
(hereinafter the “Plan”) meeting the requirements of Proffer 5 with the application for each
subdivision of the 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 site plan or subdivision plat. The Property within 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 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 storm sewer fails.
14
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. 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.
I. Any requirement of this 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 engineers
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
one hundred (100) 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.
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 2005-00005 is approved, any requirement of those regulations that is less
restrictive than any requirement of Proffer 5 shall supersede the corresponding
requirement of this paragraph, subject to the approval of the Director of the
Department of Community Development.
15
Signature of Owner:
(Signed) Marc C. Powell Date: 11/21/2007
Marc C. Powell, Manager
Weather Hill Development, LLC