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HomeMy WebLinkAboutZMA202000005 Correspondence 2021-04-08 (4)10FIT"T"TTIVIllm FOR ZMA 2020-00005 OLD DOMINION VILLAGE TMP 05600-00-00-067BO 1263 PARKVIEW DRIVE TMP 05600-00-00-074AO 5258 THREE NOTCH'D ROAD CURRENT ZONING RURAL AREAS - RA PROPOSED ZONING NEIGHBORHOOD MODEL - NMD DATE: MAY 18, 2020 REVISED: NOVEMBER 9, 2020 REVISED: MARCH 29, 2021 PROJECT PROPOSAL Crozet Veterinary Care Center has been in operation on TMP 05600-00-00-067BO since 1982. Dr. Martin Schulman is the owner of the veterinary care center and the 9.42-acre parcel. TMP 05600-00-00-074AO is the adjacent parcel to the east of TMP 05600-00-00-067B0. The 14.26-acre parcel has an existing single-family dwelling unit. Dr. Schulman has decided that combining the two parcels and developing them into a mixed - use neighborhood while keeping the veterinary care center as a commercial component would be beneficial to the Crozet Community. The purpose of this ZMA application is to combine the two parcels into one 23.68-Acre parcel and rezone it to NMD - Neighborhood Model. The development will include townhomes, single family homes, and the existing Crozet Veterinary Care Center. The ZMA satisfies the intent of Chapter 18. This ZMA will also satisfy the following characteristics listed in Section 20A.1 • Pedestrian Orientation: • Neighborhood friendly streets: • Street connection to adjacent parcel: • Parks and open space as amenities: • Buildings and spaces of human scale; • Mixture of uses and types; • Mixture of housing types; • Redevelopment of Crozet Veterinary Care Center: • Site Planning that respects terrain; • Clear boundaries with the rural areas; • Relegated parking: The care center and parking will be screened from Three Notch'd Road by the townhomes. The parking for the townhomes will be primarily driveways with garages on internal public roads. Five of the townhouses will have a parking lot with 10 parking spaces. Townhouses along Three Notch's Road will front that road. This ZMA will not satisfy the following characteristics listed in Section 20A.1: 0 Neighborhood Centers. PROJECT'S CONSISTENCY WITH THE COMPREHENSIVE PLAN The Crozet Master Plan Land Use shows a 4.52-acre portion of these parcels is designated as Urban Density Residential (UDR), a 10.23-acre portion of these parcels is designated as Neighborhood Density Residential (NDR), a 5.63-acre portion of these parcels is designated as Greenspace. The remaining 3.30-acres of Parcel 74A is designated as Rural Agricultural. The 4.52 acres of UDR does not include any Greenspace, Flood Hazard Overlay that lies outside of Greenspace, or Preserved Steep Slopes that lie outside of Greenspace. Net Area = 4.52 Acres UDR Net Density Range: (6— 12 Units/Acre) * 4.52 Acres = 27 Units (min) to 54 Units (max) The 10.23 Acres of NDR does not include any Greenspace, or Flood Hazard Overlay that lies outside of Greenspace. It does include 0.88 Acres of Preserved Steep Slopes that lie outside of Greenspace. Net Area =10.23 Acres — 0.88 Acres = 9.35 Acres NDR Net Density Range: (3 — 6 Units/Acre) * 9.35 Acres = 28 Units (min) to 56 Units (max) Combined Net Unit Range: 55 Units (min) to 110 Units (max) The proposed 110 units is within the Combined Net Unit Range. PROJECT'S CONSISTENCY WITH THE NEIGHBORHOOD MODEL Old Dominion Village will be designed to incorporate features of the Neighborhood Model. • 5' sidewalks and 6' landscape strips along all internal public roads, • Green Space in the stream buffer hereby dedicated to Public Use, • A dog park amenity, • A playground amenity with swings, slides, and climbing features, • Private Recreation amenities, • Green Spaces areas, • Townhomes and single-family housing types, • A veterinary care center for a commercial use. PROJECT'S IMPACTS ON PUBLIC FACILITIES AND PUBLIC INFRASTRUCTURE TMP 05600-00-00-067BO & TMP 05600-00-00-074AO are not included in the ACSA jurisdictional area. An application to add them to the ACSA jurisdictional area was submitted at the same time as this ZMA application. TMP 05600-00-00-067AO that is adjacent to the northern property line of this parcel, and all of the parcels along the south side of Three Notch'd Road are currently included in the ACSA jurisdictional area. There is an existing 16" RWSA water mains along Three Notch'd Road and an Existing 8" ACSA water main along Parkview Drive. There is an existing private sanitary sewer pump station on TMP 05600-00-00-67AO and a private force main to an existing ACSA manhole located on TMP 05600-00-00-06700. The existing septic tanks located on TMP 05600-00-00-067BO and TMP 05600-00-00-074AO will be removed as part of this development. The Veterinary Care Center is currently connected to the ACSA water supply. This development will connect to the existing RWSA water main for water service. Since a majority of TMP 05600-00-00-067BO and TMP 05600-00-00-074AO are below the elevation of Three Notch'd Road a private sewer pump station and force main will have be designed and installed to provide sanitary service for this development. The private force main will connect to the existing pump station located on TMP 05600-00-00-67A0. Enclosed is a copy of the Agreement, dated June 25, 2015, between Sheeflee, LLC and Martin Schulman that allows for the proposed connection to the existing pump station. A request for approval of a Central Sewerage System will be submitted to the Clerk for the Board of Supervisors for review and approval. In addition, a private gravity sewer system will also be designed and installed within this development to convey the wastewater from the homes and care center to the pump station. The addition of 110 homes and the veterinary care center to the ACSA system will have minimal impact on the public infrastructure. PROJECT'S IMPACTS ON ENVIRONMENTAL FEATURES The primary environmental feature affected by this development will be Parrot Branch along the northern property line and a tributary to Parrot Branch that crosses the parcel. There is a 100-foot Water Protection Ordinance buffer along these streams. The areas within these buffers will be designated as Green Space and will not be impacted by this development. PROFFER STATEMENT OLD DOMINION VILLAGE THREE NOTCH ROAD CROZET Date: November9,2020 Revised: March 29, 2021 ZMA#: 2020-00005 Old Dominion Village Rezoning Tax Map Parcel#: 05600-00-00-067BO & 05600-00-00-074A0 23.68 acres to be rezoned from RA - Residential to NMD - Neighborhood Model Martin Schulman is the fee simple owner of TMP 05600-00-00-06760. The Thomas F Starke Revocable Trust and the Betty G Starke Revocable Trust is the fee simple Owner of TMP 05600-00- 00-074AO (the "Property"). Emerald Land Co., LLC is the Contract Purchaser and shall hereinafter be referred to as the "Owner." The Property is the subject of the zoning map amendment application ZMA-2020-00005 known as "Old Dominion Village". The Old Dominion Village development is herein referred to as the "Project" Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is agreed that the conditions are reasonable. 1. Affordable Housing. The Owner shall provide Affordable Dwelling Units (as defined herein) equal to fifteen percent (15%) of the total units within the Project (the "Affordable Housing Requirement'). The Owner or its successors in interest reserve the right to meet the Affordable Housing Requirement through a variety of housing types, including but not limited to, for -sale units or rental units. A. For -Sale Affordable Dwelling Units. The Owner may meet the Affordable Housing Requirement by constructing Affordable Dwelling Units. For purposes of this Proffer 1(A), "Affordable Dwelling Unit' shall mean any unit affordable to households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITT) do not exceed thirty percent (30%) of the gross household income; provided, however; that in no event shall the selling price for such affordable units be more than sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum sales price/loan limit for first-time homebuyer programs at the beginning of the 180-day period referenced in Proffer 1(A)(1) hereof (the "VHDA Limit"). The Owner shall impose by contract the responsibility herein of constructing and selling the Affordable Dwelling Units to any subsequent owner or developer of the Property (or any portion thereof). Such subsequent owner(s) and/or developer(s) shall succeed to the obligations of the Owner under this Proffer 1; and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s), as applicable. B. Role of County Community Development Department. All purchasers of the for sale Affordable Dwelling Units shall be approved by the Albemarle County Community Development Department or its designee (the "Community Development Department"). At the proposed time of construction of any Affordable Dwelling Unit, the Owner shall provide the Community Development Department a period of one hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit. The 180-day qualification period shall commence upon written notice from the Owner to the Community Development Department of the approximate date the Unit is expected to receive a certificate of occupancy from the County (the "Notice"). Such Notice shall be given no more than ninety (90) days prior to the expected issuance of the certificate of occupancy, and the 180-day approval period shall extend no less than ninety (90) days after the issuance of the certificate of occupancy. Nothing in this Proffer 1 shall prohibit the Community Development Department from providing the Owner with information on income eligibility sufficient for the Owner to identify eligible purchasers of Affordable Dwelling Units for approval by the Community Development Department. If, during the 180-day qualification period, (i) the Community Development Department fails to approve a qualified purchaser, or (ii) a qualified purchaser fails to execute a purchase 'contract for an Affordable Dwelling Unit, then, in either case, the Owner shall have the right to sell the Unit without any restriction on sales price or income of the purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 1. This Proffer 1 shall apply only to the first sale of each of the for -sale Affordable Dwelling Units. For the purposes of this Proffer 1, 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 unit(s) will be available for sale. C. Tracking. Each subdivision plat and site plan for land within the Property shall: i) designate the lots or units, as applicable, that will constitute Affordable Dwelling Units within the Project and ii) contain a running tally of the Affordable Dwelling Units either constructed or contributed for underthis Proffer 1. The designated lots or units shown on the applicable subdivision plat or site plan may not be shown as being constructed in a future phase. 2) Amenity Dedication to HOA. A. Amenity Areas. These areas shall be used 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 homeowner's association. The amenity areas must be substantially completed prior to the issuance of approval of the thirty-fifth (35) CO within the project. The owner shall pay the cost of subdividing and conveying the Parks and Civic Spaces to the homeowner's association. 3) Greenwav Dedication to the Public. A. Greenwav and Stream Buffer. Green Space 1 and Green Space 2 are designated as Conservation Area on the concept plan and hereby dedicates these areas, consisting of 7.69 Acres, to the County of Albemarle for Public Use. Future trails within the greenspace to be constructed by others. Conservation Area. The term "conservation area" means an area identified on a plan submitted for approval which contains cultural assets or natural features such as non -tidal wetlands, floodplain, slopes identified in the open space element of the comprehensive plan, or streams and stream buffers, within which only limited disturbance or development is allowed. Uses allowed in conservation areas include, but are not limited to, utilities, greenways, pedestrian paths, streets, and stormwater management facilities, where, in the opinion of the County Engineer, no other location is reasonably available and when these improvements have the least impact possible on the environmental features of the area. 4) Financial Contributions. A. Cash Contributions to the County of Albemarle. The developer agrees to pay to the county of Albemarle the sum of Three Thousand Dollars ($3,000) for single family lots and Two Thousand Five Hundred Dollars ($2,500) for single family attached lots. These funds will be paid to the County prior to issuance of a building permit for any block of attached lots and/or single family lots. B. The funds are intended to be used by the County for transportations needs and school improvements as deemed necessary. This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. WITNESS the following duly authorized signature: Owner TMP 05600-00-00-067130: Martin Schulman By: Martin Schulman Owner TMP 05600-00-00-074A0: The Thomas F Starke Revocable Trust, the Betty G. Starke Revocable Trust By: Trustees Contract Purchaser: Emerald Land Co., LLC By: Katurah Roell