HomeMy WebLinkAboutZMA202000006 Action Letter 2020-09-16COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 28, 2020
Scott Collins
Collins Engineering
200 Garrett Str, Suite K
Charlottesville VA 22902
scott(o)col Tins-enc ineerina. com
RE: ZMA202000006 Spring Hill Village Proffer Amendment
Dear Mr. Collins,
On September 16, 2020, the Board of Supervisors took action on your Zoning Map Amendment on Tax
Map Parcel Number 09000000002800 in the Scottsville District. The Zoning Map Amendment was
approved by the Board's adoption of the attached Ordinance and Proffer.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property may lawfully begin until all applicable approvals
have been received and conditions have been met. This includes:
• compliance with the approved ZONING MAP AMENDMENT
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Should you have questions regarding the above -noted action, please contact Rebecca Ragsdale at
434 296-5832 or email rragsdale(malbemarle.org
Sincerely,
Tod Kanellopoulos
Senior Planner
Planning Division
CC. Stanley Martin Companies LLC
11710 Plaza American Drive, Ste 1100
Reston VA 20190
ORDINANCE NO.20-A(12)
ZMA 2020-00006
AN ORDINANCE TO AMEND THE ZONING MAP
FOR TAX PARCEL 09000-00-00-02800
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the transmittal summary and staff report prepared for ZMA 2020-00006 and their attachments,
including the application plan dated August 21, 2020 and the proffers dated August 24, 2020, the information
presented at the public hearing, any written comments received, the material and relevant factors in Virginia
Code § 15.2-2284 and County Code §§ 18-20A.1 and 18-33.27, and for the purposes of public necessity,
convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2020-00006 with the
application plan dated August 21, 2020 and the proffers dated August 24, 2020.
*sa
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero as recorded
below, at a regular meeting held on September 1.6, 2020.
Clerk, Board of Coun upervisors
Aye h1ay
Mr. Gallaway
Y
Ms. LaPisto-Kirtley
Y
Ms. Mallek
_
Y _
Ms. McKee[
Y _
Ms. Palmer
Y
Ms. Price
_
Y
Original Proffers ZMA2013-00017
Amendment EIS
Spring I Lill Village
PROFFER STATEMENT
Date: August 24, 2020
ZMA No. 2020-00006, Spring Hill Village
Tax Map and Parcel Number(s): TMP 09000-00-00-02800
Owner(s) of Record: Stanley Martin Companies, LLC
Project Address: 1776 Scottsville Road
Magisterial District: Scottsville
12.63 Acres to be rezoned from Neighborhood Model District (NMD)to Neighborhood
Model District (NMD)
The term "Owner" as referenced herein shall include within its meaning the owner of record and
successors in interest. The "Application Plan," refers to the Application plan last revised August
21, 2020, prepared by Collins Engineering.
Pursuant to Section 33.22 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed below which shall be applied to the Property if it is
rezoned to the zoning district identified above. These proffers are part of the requested rezoning
and the Owner and applicant specifically deem the following proffers reasonable and appropriate,
as conclusively evidenced by the signature(s) below.
1. Affordable Housina.
(The Affordable Housing Units will be provided in the form of for sale or rental units.) The
community could have as few as 80 units and as many as 100 dwelling units. The Owner
shall provide IS% of the dwelling units constructed as "Affordable Housing Units" within
the Project in the form of 2 or 3 story townhomes.
The Albemarle County affordable housing policy defines affordable housing as the following:
Affordable Housing, in general terms means safe, decent housing where housing costs do
not exceed 30% of the gross household income. Housing costs for homeowners shall include
principal, interest, real estate taxes, and homeowner's insurance (PITI). Housing costs for
tenants shall be tenant -paid rent and tenant -paid utilities with maximum allowances for
utilities to be those adopted by the Housing Office for the Housing Choice Voucher Program.
Affordable Housing is defined, for the purpose of this policy, as those houses affordable to
the forty percent of the County population that have household income at or below 80% of
the area median income. For 2003, the maximum affordable home purchase (80% median
income) would be $172,000 and maximum housing costs (rent and utilities) for tenants
would be $787 (50% median income.)
Each Affordable Housing Unit shall be located on a single lot. The Owner shall have offered
for rent or sale as provided herein each Affordable Housing Unit within the project. The
Owner shall convey the responsibility of constructing the Affordable Housing unites to the
subsequent owners of lots designated affordable on the site plans or plats.
A. Rental Rates. The initial net rent for each for -rent Affordable Housing Unit shall
not exceed the then -current and applicable maximum net rent rate approved by
the County Housing Office. In each subsequent calendar year, the monthly net
rent for each for -rent Affordable Housing Unit maybe increased up to three
percent (3%). For purpose of this proffer statement, the term "net -rent" means
that the rent does no include tenant -paid utilities. The requirement that the rents
for such for -rent Affordable Housing Units may not exceed the maximum rents
established in this paragraph shall apply for a period of ten (10) years following
the date he certificate of occupancy is issued by the County for each for -rent
Affordable Housing 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".) The Owner of each Affordable
Housing Unit shall, at the request of the Albemarle County Office of Housing,
provide written reports documenting rental rates and occupancies of the
affordable units.
B. For Sale, All purchasers of for -sale Affordable Housing Units shall be approved by
the Albemarle County Office of Housing or its designee. The Owner shall provide
the County or its designee 180 days to identify and pre -qualify an eligible
purchaser for the Affordable Housing Units. The 180- day period shall commence
upon written notice from the Owner that the units will be available for sale. This
notice shall not be given more than 120 days prior to the anticipated receipt of the
certification 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
units without any restriction on sales price or income of purchaser. If these units
are sold, this proffer shall apply to the first sale of each unit. The maximum sales
price for Affordable Housing Units (65% of VHDXs Maximum Sales Price for
First-time Homebuyers.) The calculation currently put the maximum sale price
for Affordable Housing units at $211,250.
C. Conveyance of Interest. All deeds conveying any interest in the for -rent Affordable
Housing 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 Housing Unit, or
any part thereof, during the Affordable Term shall contain a complete and full
disclosure of the restrictions and controls established by paragraph 1A. 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 1C have
been satisfied.
2. ;ns,h Proffe. s for Renidendal Units. Beginning with the thirteenth residential unit for
which a building permit is obtained, the Owner shall contribute cash for each new
residential unit that is not classified as an Affordable Housing Unit. The cash contribution
shall be for the purposes of addressing the fiscal impacts of development on the County s
public facilities and infrastructure, i.e. schools, public safety, libraries, parks, and
transportation. The cash contribution shall be Twenty Thousand Four Hundred Sixty and
57/100 dollars ($20,460.57) cash for each new single-family detached dwelling unit. The
cash contribution shall be Thirteen Thousand Nine Hundred Thirteen and 18/100 dollars
($13,913.18) cash for each single family attached or townhouse dwelling unit. The cash
contribution shall be paid at the time of the issuance of the certificate of occupancy for each
new unit in order to be consistent with current state law.
Beginning January 1, 2015, the amount of the cash contribution required by this proffer
shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding
calendar year in the Marshall and Swift Building Cost Index ("MSI".) In no event shall any
cash contribution amount be adjusted to a sum less than the amount initially established by
this proffer. The annual adjustment shall be made by multiplying the proffered cash
contribution amount for the preceding year by a fraction, the numerator of which shall be
the MSI as of December 1 in the preceding calendar year, and the denominator of which
shall be the MSI as of December I in the year preceding the calendar year most recently
ended.
3. Over l at Gradina. The owner shall submit an over -lot grading plan (hereinafter the
"Plan") meeting the requirements of this paragraph 3 with the application for each
subdivision phase of this paragraph 3 with the application for each subdivision phase of the
Property. The plan shall show existing and proposed topographic features. The Plan shall
be approved by the County Engineer prior to approval of an Erosion and Sediment Control
plan, No building permit shall be issued for any dwelling on a lot where the County Engineer
has determined the lot grading in not consistent with the approved 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 smaller than (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.
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 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 drainage 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 ten (10) feet, from the portion of the structure facing the street, has grades
no steeper that ten (10) percent adjacent to possible entrances to dwellings that will not
be served by a stairway. This 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 submitting a request for special
exception with the over4ot grading plan. If such a request is made, it shall include a
justification for the request containing a valid professional seal from a Professional
Engineer, Landscape Architect or Land Surveyor. 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 a at least an equivalent degree.
j. In the event that the County adopts over -lot grading regulations after the date this
proffer is approved, any requirement of those regulation that is less restrictive than any
requirement of this proffer shall supersede the corresponding requirement of this
proffer, subject to the approval of the Director of Community Development.
4. Improvements to Scottsville Rd and Avon Extanded
At its sole expense, the Owner must plan, design, bond and construct the improvements
shown on the County approved engineering drawings titled Spring Hill Village — Application
Plan, sheet 1 dated 8.21.20 as prepared by Collins Engineering, for both Scottsville Road
and Avon Extended. The improvements must be designed and constructed to the County
and VDOT standards, including the design and construction of the related drainage, slope
and utility easements as appliable. The improvements along Avon Extended must have been
completed and approved by VDOT and the County prior to the first certificate of occupancy
for any structure on the Property, and the improvements along Route 20 must have been (i)
approved and bonded prior to the first certificate of occupancy, and (ii) completed and
approved by VDOT and the County prior to the 306 certificate of occupancy. As part of this
process, the dedication to public use must have been completed before the 30tb certificate of
occupancy may be issued. The improvements will be deemed complete when they are
accepted into the secondary system of highways or when the County Engineer determines
that the roadway is safe and convenient for travel.
This document shall supersede all other agreements, proffers, or conditions that maybe found
to be in conflict. These proffers shall be binding to the property, which means the proffers shall
be transferred to all future property successors of the land.
OWNER(S) of Tax Map Parcel 09000-00-00-02800
f�
By:
Stanley Mar -tin Companies, LLC, a Virginia limited liability company (Contract Purchaser)
By:
Jeremy W. Swink, Vice President, Land — Charlottesville and Richmond Divisions
Date: Auc o if n , ZOZ O