HomeMy WebLinkAboutZMA201600015 Application 2016-07-05 • AlbIUe ar��( "-, Community Development Departrr
emarle( (�Un 401 McIntire Road Charlottesville,VA 22902-4!
'Pr' Voice:(434)296-5832 Fax:(434)972-4-
s Planning Application
PARCEL j OWNER INFORMATION
IMP 04500-00-00-026A0 Owner(s): OAKLEIGH ALBEMARLE LLC
Application # ZMA201600015
PROPERTY INFORMATION
Legal Description I ACREAGE
Magisterial Dist. 1 Rio Land Use Primary Forest
Current AFD 1 Not in A/F District1:1 Current Zoning Primary r Neighborhood Model District
[APPLICATION INFORMATION
Street Address Entered
-- — j Judy Main I
Application Type Zoning Map Amendment
!_. 7/5/2016
Project Oakleigh
Received Date 07/05/16 Received Date Final Submittal Date 07/05/16 Total Fees
Closing File Date Submittal Date Final Total Paid
Revision Number
Comments TAXES DUE
Legal Ad
SUB APPLICATION(s)
Type Sub Application Comment
APPLICANT/ CONTACT INFORMATION
ContactType Name Address I CityState Zip Phone I PhoneCe
Owner/Applicant OAKLEIGH ALBEMARLE LLC 690 BERKMAR CIR CHARLOTTESVILL 22901
Primary Contact EDWARDS DESUGBSTYDUI C.O STEVE ED 4936 OLD BOONSBORO ROAD :LYNCHBURG, VA. 4345317507
Signature of Contractor or Authonzed Agent Date
FOR OFFICE USE ONLY ZMh SIGN#
Fee Amount$ Date Paid By who? Receipt# Ck# By
OF AL�b
Application for
Zoning Map Amendment j"1 liG03'
PROJECT NAME:(How should we refer to this application?) Oakleigh
TAX MAP PARCEL(s): 45-26A
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes, list those tax map and parcel numbers
Berkmar Crossing
PROPOSAL: REZONE 8.822 ACRES PROPC:AL:AMEND ZMA- 0 7 _ 0 4
FROM NMD ZONING DISTRICT by doing the following:
TO NMD ZONING DISTRICT 0 Acres
By adding
EXISTING COMP PLAN LAND USE/DENSITY: from NMD Zoning District
Urban Density Residential (6.01-34 DU/AC)
to NMD Zoning District
LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED:
lJAmend an existing Planned District
547 West Rio Road
Amend existing proffers
CONVENTIONAL DISTRICTS—RA, VR, R-1, R-2, R-4,
R-6, R-10, R-15,C-1, CO, HC, LI, HI,and DCD zoning Amend a Code of Development
districts EXISTING COMP PLAN LAND USE/DENSITY:
PLANNED DEVELOPMENT DISTRICTS-MHD,PRD, Urban Density Residential (6.01-34 DU/AC)
PUD,NMD, PDMC, PDSC, and PD-IP zoning districts. LOCATION/ADDRESS OF PARCEL(S)TO BE REZONED:
Are you submitting a preliminary site plan with this application? ❑ YES ® NO
Are you submitting a preliminary subdivision plat with this application? ❑ YES ® NO
Are you proffering a plan with this application? 'YES 49 NO
Contact Person(Who should we call/write concerning this project?): Edwards designStudio do Steve Edwards
Address 4936 Old Boonsboro Road City Lynchburg State VA Zip
Daytime Phone( ) 531-7507 Fax#( ) E-mail steve@edwardsdesignstudio.com
owner of Record Oakleigh Albemarle, LLC
Address 690 Berkmar Circle City Charlottesville State VA Zip
Daytime Phone( ) 978-1766 Fax#( ) E-mail
Applicant(Who is the Contact person representing?): Oakleigh Albemarle, LLC do George Ray, Jr.
Address 690 Berkmar Circle City Charlottesville State VA Zip
Daytime Phone( ) 242-3527 Fax#( ) E-mail george@insignia-va.com
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126
Zoning Map Amendment Application Revised 11/02/2015 Page 1 of 4
Section 15.2-2284 the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and
applied with reasonable consideration for the existing use and character of property,the comprehensive
plan,the suitability of property for various uses,the trends of growth or change, the current and future
requirements of the community as to land for various purposes as determined by population and economic
studies and other studies,the transportation requirements of the community,the requirements for airports,
housing, schools, parks, playgrounds, recreation areas and other public services,the conservation of natural
resources,the preservation of flood plains,the preservation of agricultural and forestal land, the
conservation of properties and their values and the encouragement of the most appropriate use of land
throughout the locality."
REQUIRED ATTACHMENTS& OTHER INFORMATION TO BE PROVIDED for
�,� THE APPLICATION TO BE OFFICIALLY SUBMITTED
ld One(1)completed &signed copy of the appropriate checklist(see list on page 3).
❑ One(1)copy of the Pre-application Comment Form received from county staff
❑ One(1)copy of any special studies or documentation as specified on the Pre-application Comment Form
❑ Seventeen (17)folded copies of a Conceptual Plan for conventional zoning districts(see districts on page 1)
OR
Ut Seventeen (17)folded copies of an Application Plan for planned development districts(see districts on page 1)
❑ Seventeen (17) copies of a written narrative with section TITLES as follows:
• PROJECT PROPOSAL
The project proposal, including
o its public need or benefit;
(be as descriptive as possible)
• For proposed Neighborhood Model District(NMD)-Provide a statement describing how the
proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the
neighborhood model delineated in section 20A.1 of Chapter 18 are missing from the application,
then provide a justification as to why any characteristics cannot or should not be provided with the
proposal.
• CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master
plan for the applicable development area;
• Proposed Neighborhood Model District(NMD) -Provide a narrative as to the project's
consistency with the neighborhood model.
• IMPACTS ON PUBLIC FACILITIES& PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
• IMPACTS ON ENVIRONMENTAL FEATURE
The proposed project's impacts on environmental features.
• PROPOSED PROFFERS TO ADDRESS IMPACTS
The proposed proffers to address impacts from the proposed project.
Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district
classification would allow. By State Code,proffers must have a reasonable relationship to the rezoning and
are not mandatory. The rezoning must give rise to the need for the proffers;the proffers must be related to
the physical development or physical operation of the property; and the proffers must be in conformity with
the Comprehensive Plan.
REQUIRED ATTACHMENTS CONTINUED
Zoning Map Amendment Application Revised 11/02/2015 Page 2 of 4
NIA ❑ One(1)copy of a loca. 'raffle impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40.
ErOne(1)_copy of the most recent recorded plat,that shows the Deed Book/Page Number,of the parcel(s)
composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed
project,both of which shall include a metes and bounds description of the boundaries.
ErOne(1)copy of ownership information (if applicant is not also the owner).
If ownership of the property is in the name of any type of legal entity or organization including,but not limited to,
the name of a corporation,partnership or association,or in the name of a trust, or in a fictitious name, a document
acceptable to the County must be submitted certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the
owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the
County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's
written consent.
See Attachment A in the Land Use Law Handbook for more information.
2(As the owner/agent I certify that any delinquent real estate taxes,nuisance charges, stormwater management utility
fees,and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
For a Neighborhood Model District(NMD)- new or amendment of an existing NMD
Seventeen (17)copies of the Code of Development satisfying the requirements of section 20A.5.
El One(1)copy of a parking and loading needs study that demonstrates parking needs and requirements and includes
strategies for dealing with these needs and requirements, including phasing plans,parking alternatives as provided in
section 4.12.8,and transportation demand management strategies as provided in section 4.12.12; provided that the
applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for
the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of
the zoning map amendment.
ra One(1)copy of strategies for establishing shared stormwater management facilities,off-site stormwater
management facilities,and the proposed phasing of the establishment of stormwater management facilities.
OPTIONAL ATTACHMENTS:
ra
m Proffer Form d (s)(1 copy).
❑ Additional Information, if any. (17 copies)
THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND
STAFF DURING THE MANDATORY PRE-APPLICATION MEETING.
ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION:
CONVENTIONAL ZONING DISTRICT
CHECKLIST STAFF ANALYSIS OF ZMA& SP REQUESTS
PLANNED DEVELOPMENT ZONING DISTRICT WATER AND SEWER EVALUATION CHECKLIST
CHECKLIST
PLANNING COMMISSION REQUEST FOR INFO
NEIGHBORHOOD MODEL DISTRICT
CHECKLIST
PROFFER FORM(MS Word doc)
Zoning Map Amendment Application Revised 11/02/2015 Page 3 of 4
•
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application.
I also certify that the information provided on this application and accompanying information is accurate,true,and correct to
the best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications
regarding this application being provided to me or my designated contact via fax and or email. This consent does not
preclude such written communication fromr also being sent via first class mail.
"\�{{w , �l(,. u/�1�5 �} VO�ttAc (/�), June 30, 2016
S grllature of Owner/Agent or Contract Purchaser Date
Steve Edwards Vo mil.t, In)• Lfl 434-531-7507 / y 31(—R 5(-5 70?
Print Name U Daytime phone number of Signatory
5e e. al-talk 4 DKr-NIT f u or tN\cl o
Required FEES to be paid once the application is deemed complete:
What type of Zoning Map Amendment are you applying for?
m Zoning Map Amendment of less than 50 acres $2,688
❑ Zoning Map Amendment of greater than 50 acres $3,763
To be paid after staff review for public notice:
Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one
public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by
publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two
fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body.
➢ Preparing and mailing or delivering up to fifty(50)notices $215+actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty(50) $1.08 for each additional notice+actual
cost of first-class postage
Actual cost
➢ Legal advertisement(published twice in the newspaper for each public hearing) (averages between$150 and$250)
➢ Special Exception—provide written justification with application-$457
Other FEES that may apply:
❑ Deferral of scheduled public hearing at applicant's request $194
Resubmittal fees for original Zoning Map Amendment fee of$2,866
❑ First resubmission FREE
❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,344
Resubmittal fees for original Special Use Permit fee of$3,763
❑ First resubmission FREE
❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,881
The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance.
Zoning Map Amendment Application Revised 11/02/2015 Page 4 of 4
Oakleigh Project Narrative
June 30, 2016
PROJECT PROPOSAL
The Owner of the Oakleigh property proposes to amend the previously approved rezoning of the
Oakleigh property, which was rezoned in 2008 from R-6 Residential to Neighborhood Model
Development. The property is located within the County's designated development area,
specifically the Places29 area. The primary purpose of the proposed amendment is to modify the
Application Plan to permit a portion of the property to be developed for an Assisted Living
Facility. There is a significant public need for additional Assisted Living Facilities in
Charlottesville, and the need will continue to increase as our population continues to age, and our
community continues to be an attractive destination for retirees. Thus, this proposed amendment
will significantly address this public need.
The Owner is also proposing other modifications to the Application Plan and Code of
Development to provide for more flexibility for the property to develop for a variety of uses,and
to simplify the Code of Development to bring it in line with current standards for such Codes.
The Project will continue to be a mixed use community with a mixture of residential and non-
residential uses. The front portion of the property is essentially unchanged, and still proposes
two buildings along Rio Road West with two floors of retail or office, and then residential units
above. The Application Plan previously showed only residential uses in the back portion of the
property, but is now proposed to be amended to permit that area to be used for an Assisted
Living Facility, or otherwise to still be residential uses. The Code of Development revisions
would not permit more dwelling units within the Project than were permitted by ZMA 2007-
00004. And if the Assisted Living Facility is developed,the number of residential units will be
significantly reduced over what was permitted by ZMA 2007-00004.
The Owner is also proposing to amend the approved proffers to bring the cash proffer amounts
into compliance with state law, and to clarify that the cash proffers and affordable housing
requirements will apply when the number of dwelling units within the project exceeds the
number that could have been built under the prior R-6 Residential zoning that was in effect prior
to 2008.
The proposed amendment satisfies the purposes and intent of the Neighborhood Model District
in that the property is currently zoned NMD, and that designation is not proposed to be changed.
The proposal will continue to be consistent with all applicable principles of the Neighborhood
Model (see more detail below), and continues to provide for a compact, mixed-use development
with an urban scale, massing,density, and infrastructure configuration that integrates diversified
uses within close proximity to each other within the development area identified in the
comprehensive plan. In addition,the proposed uses in the Code, as well as the character,form
and density of the proposed development are derived from the comprehensive plan.
Finally, the NMD regulations state that the "regulations are intended to provide an applicant with
maximum flexibility in creating and implementing the [Application Plan] and the code of
development." This proposed amendment attempts to provide that level of maximum flexibility
in the Application Plan and Code.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed rezoning is consistent with the property's designation on the Land Use Plan of the
County's Comprehensive Plan for urban density residential,which envisions densities between
6.01-34 dwelling units per acre. Assisted Living Facilities are considered an institutional use in
the Places29 Master Plan and are recommended as a secondary use under the Urban Density
Residential designation. The maximum number of residential units that would be located within
the property will be less than 34 DUA.
Although Table LU2 of the Places 29 Master Plan suggests that single buildings should be
limited to 20,000 square feet,this limitation does not reflect the realities of the economics of
operating Assisted Living Facilities under current federal regulations. Such a limit would require
the building to have a smaller footprint and more stories than is optimal. With federal
requirements to have nurses and aids stationed on each floor of a facility, a building with a small
footprint becomes difficult(if not impossible)to staff efficiently. This situation is a current
challenge at the Mountainside Senior Living facility in Crozet,where the repurposed building is
less efficient for the delivery of health care and Assisted living than is optimal, given the
relatively small number of beds per floor, and thus creates significant financial challenges for the
facility. If the proposed Assisted Living Facility at Oakleigh(or other places in Albemarle
County)were similarly so limited, it would be nearly impossible to provide service efficiently,
new facilities would not be built, and the significant public need for such facilities would not be
met.
CONSISTENCY WITH THE NEIGHBORHOOD MODEL
1. Pedestrian Orientation. Sidewalks are provided along Rio Road and Berkmar Drive,
which will provide convenient access from the Oakleigh development to other nearby
commercial uses, and public transportation. Within the Oakleigh development sidewalks
and pathways are shown throughout the development making this a pedestrian friendly
development.
2. Neighborhood Friendly Streets and Paths. The streets in Oakleigh are primarily designed
as travelways. Slow traffic speeds, low traffic volumes, and landscaped roadways with
sidewalks will help to make the streets and paths neighborhood friendly.
3. Interconnected Streets and Transportation Networks. Interconnection is shown on the
plan into the Berkmar Crossing development. This interconnection will help facilitate the
transportation network related to Oakleigh because there is a traffic signal at one of the
Berkmar Crossing accesses and Rio Road. The access from Rio Road to the Oakleigh
development is not proposed to be signalized.
4. Parks and Open Space. There will be a pocket park located in the development. This will
serve as a memorial garden and buffer between the front and rear uses. In addition,
several large mature trees will be preserved. Benches,paths and landscaping will help
facilitate this space into a park like environment. A tot lot is not envisioned at this time to
be incorporated into the park given the small number of residential units proposed.
5. Neighborhood Centers. The commercial space within the Oakleigh development may
serve as a center to area residents and the surrounding area.
6. Buildings and Spaces of Human Scale. Limitations are placed on building sizes, heights
and setbacks in Block I.
7. Relegated Parking. In Block I, parking is shown in front of Building B. Working with
the ARB,parking spaces were removed and now satisfies their request. Additional
parking has been relegated behind and off to the side of the two commercial buildings
along West Rio Road. The remaining parking within Oakleigh has been minimized and
buffered throughout the site using garages, topography and introducing landscaping to
help minimize any parking impacts from the Entrance Corridor.
8. Mixture of Uses and Types. This development proposes commercial uses in the two
buildings located in Blocks I, II and III. Residential uses are located above and behind
this commercial space in Block IV. In Block V, assisted living is proposed.
9. Mixture of Housing Types and Affordability. The applicant proposes to provide
townhouses, assisted living, and either a type of apartment or condominiums/lofts above
the commercial buildings in Block I. In addition a cash proffer is also provided to the
County in the amount based on the County' s affordable housing policy.
10. Redevelopment. Oakleigh is an example of an infill development.
11. Site Planning that Respects Terrain. The applicant is making a large effort to preserve as
many of the existing mature trees on the site and do as little grading as possible within
their vicinity.
12. Clear Boundaries with the Rural Areas. This development is located in the development
area. This principle is not applicable.
IMPACTS ON PUBLIC FACILITIES &PUBLIC INFRASTRUCTURE
The proposed amendment to the Oakleigh property creates a considerable public benefit by
providing the opportunity for an Assisted Living Facility to be developed at the property. A
company with several existing facilities is very interested in locating its facility at Oakleigh, but
the current Code of Development and Application Plan will not permit such a use.
If the property is developed with such a use, the impact on public infrastructure and public
facilities would be smaller than it would under the current Application Plan and Code,which
contemplates more residential uses. With fewer residential units,the impact on schools, roads,
parks and libraries will significantly decrease. Residents of Assisted Living Facilities rarely
have cars, and staffing levels are fairly modest and thus generate relatively few employee trips.
Visitors do come to Assisted Living facilities,but rarely during peak hours.
IMPACTS ON ENVIRONMENTAL FEATURES
The proposed amendment to the Oakleigh Application Plan and Code of Development works to
preserve as many of the existing trees as possible while also providing the opportunity to locate
an Assisted Living Facility at the property. While some of the trees that previously would have
been preserved based on the existing approved Application Plan will need to be removed to
accommodate the Assisted Living Facility, a number of significant trees will be retained and
protected by the proposed amendment. In addition,the Owner proposes to maintain a structure
to bond the remaining trees to increase the likelihood that they will be protected in the future.
PROPOSED PROFFERS TO ADDRESS IMPACTS
A draft proffer amendment statement is included with this submittal, which addresses Affordable
Housing, Cash proffers, Tree Preservation, and the right of the public to access the roads that are
proposed to be private roads.
3I508638_2docx
•
DRAFT
PROFFER STATEMENT
OAKLEIGH AMENDMENT
Date: 08 June 30,2016 •
ZMA#: 2007-00004 2016- Oakleigh FarmAmendment#1 -
Tax Map and-Parcel Number• Tax Map 45, Parcel 26 A#: 04500-00-00-026A0
8.8228.8 acres to be rezoned from 6 Residential to Neighborhood Model District
{Development ("NMD")
prepared by-Terra-Gonc. TC, ed through December 13,2007
(the "Central De„elopme„t nla„")
to NMD to amend proffers
Oaldeigh Albemarle;LLC, a Virginia limited liability company, is the fee simple owner(the
"Owner") of Tax Map 45,Parcel 26A(the"Property") which is the subject of the zoning map
amendment application#ZMA 2007 00001 2016- known as "Oakleigh Faram." The
Applicant for Oakleigh Farm is alse-Oakleigh Albemarle;LLC, a Virginia limited liability
company. The Oakleigh community is herein referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
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 aclkaewledgedagreed that the conditions are reasonable. This proffer statement
shall supersede and replace in all respects the proffer statement approved by the Board of
Supervisors in connection with ZMA-2007-00004.
1. -1,--Affordable Housing.
A. 15%Affordable Requirement. The Owner shall provide a mixture efaff rdable
ash in lieu of affordable housing units equivalent to fifteen percent(15%) of
the total residential dwelling units within the Project that is in excess of the number of units that
were allowed by right under the zoning that was in existence prior to the approval of ZMA 2007-
0004 (the"15%Affordable Requirement"). The affordable housing mixture shall be comprised
aslows Prior to the approval of ZMA 2007-00004, the property was zoned R-6 Residential,
and thus had by-right development yield of 52 dwelling units. Therefore, the cash contribution
for compliance with the Affordable Housing Requirement shall begin after a certificate of
occupancy for the 52nd dwelling unit within the Project is issued and prior to the Owner
obtaining a certificate of occupancy for the 53rd dwelling unit within the Project.
(i). The Owner shall provide affordable housing dwelliHg u its a' to at
0
t? b
"Affordable Dwelling Units"or"Affordable Units"). The Affordable Dwelling Units shall be
/�
., .r • Ir . . .• • • . 11 • • • .. • •• _ $
• {, . •• • ♦ • Ir • {, 0 , 1114 • •• N • •
• . 1,
P • U O ' , , U• U .I , .. • •
• . . u • • . 1• 1:• • u . Ir .' .r 1•• • •. • 4/U • • • •• •• • . • • Ilk . ' • ••
•
u • •• • or .r •• •• • • • .r • • o • • u
•r , o 4/ • •
, • '•
Ir ' •• , , u + •• �' •• ,
46
•
n • w •r 1 .• `• • 4• •1• •r I • u 10
• • • • , ,r .• .I . + 1�•• .r p •• •� 1, • .• • . C. 1, • 10 O
1 1 ' •• • • , .• . • • '• • a IP
•
.r • • • • , • •
Ir o 1• • , , • .• -
•
• • .• . N •
• . . •
r •r • o .r o • Ir
ID
•
.r •r • • r // , u
•
' • • •
•
• • • •, • • r• 'r •, 0 46
1, r •r '
•
•
. u o 4 , • • . ' u u • 1. • • a • . • ' I. u•, I.
•' V O • U I, ' ' ' •
,r • Ir .. I • , • • .r• • Ir u. 1/ • .r• Ir • , •• •• , , Ir' • • , ..
P .r U .
O • ••
u u • _ .. •
• .• 1• .r • •• . ,,
0
•
• I1 ' , v 1• •• • .•• ' • , 4 V • • 1-• ! •• , • 4• • • 1. • 0 •• •N
•• .- • U • O •• Ir• . , •• ,r • , dB ' ,r , 10• -• .r • •r 1 r
•
•
•
.• ., . • IP u •• u ' .r I• • •• , , • u • •. ••• u• o u
II di ' . . • o •• • . • . O . r . .• •
• • • 'r 1. Ir . 1 • U . O • v • •• , 1 • • •• • •• O
•
•
•
N ,r N o • •• • •
I
• ' ` • • • 1 O 41 Ir •• •r •• Ir u • u
•
•• , •• • •r•• , • n .. •• .r • . I •• • • • • • •r N f
• U .• •• U O .• • • • O • • ' . 1, • • ,r • t N •• • I. •• .r V
• • •• •• - 1. . .. '
.• • • • • n • o o • •. •• •• n ♦• '• 1• 4/ • • o • Ir • 11.
• •r 1
•
•
• •
I.• • •
• • • . • • , • 1• .r •• • • .t Ir• .,
•
•, 4, , •r • 1,
• Ir • •• • , Ir .r •
. , • . •• , .r • , .. • 1/ ,
.r • 0 • • •r • ` •• •r • • I• , , •.
0
' ., • AO u •• " • • , . - u �• . u I •• ••• • • •
ID
•
.r • . . .: • •r , • , II• • •
.r • • . • , • •. r u
1• o •• •r 1/ • I• IP •
u
41
• . •. • •,t• Ir • .r ,r . ' •. •
•. I ' .• 1,• u •• • • , 10
.
•
.11
u •' •
U • . .r • • N 1• • . • , U • • • • • • • •. . • GP • ' • •
• { •. • '•• • u 1• • ., • I•
• • •.
r • ., .
' u
••
• v . .r O ' I • •` �� •
u . ••
Ir . p • • . • • 1, • •
• 0
• • • •• • • ' 1' u
f .
designee to be used to address affordable housing. For purposes of calculating the price of the
selling p o4 such ^ff rdable Dwelli„g Unit
JV1IlIIb 1.l11V�iV�J .
C. For Lease Affordable Dwelling Units.
o "
alvrrlly
de fned by the County's Affordable Housing Policy, whichever comes first(the "Affordable
Term").
(ii). Conveyance of Interest All instruments conveying any interest in the for
Affordable Dwelling 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 I(C)(ii) have been satisfied.
(iii). Reporting Rental Rates. During the Affordable Term, within thirty(30)
provide to the Albemarle County Housing Office a-copy of the rental or lease agreement for each
b
county, if-re;,uested, an;' repo: copies of rental o les-agreements,or other data pertaining to
rental rates as the County may reasonably require.
3
period,the then current ewncribuilder shall have the right to sell or lease the Unit(s)without any
of A ff rd 1e Units reg d to b d ff ♦77� this-P
iV�1II'CS1"`l�.iitGCr[V"'V t-Ce-tf2c-t�er'm�J e
(ii). County Option for Cash In Lieu of Affordable Units. If at any time prior
to be completed and that the Housing Office will instead accept a cash contribution to the Housing
that were originally planned to be Affordable Dwelling Units, and the then current owner/builder
County Office of Housing or its designee that the Affordable Unit(s) will be available for sale.
B. Cash Proffer For Affordable Housing Requirement. If there are more than 52
dwelling units within the Project such that the 15%Affordable Housing Requirement is
applicable, the Owner shall make a cash contribution tQAlbenmarle CountyIc r the.._affordable
housini/...program in the amount of Nineteen.Thousand One Hundred Dollars(_$19}I00) for each
such unit (the "Affordable Housing Cash Proffer"). Any unit for which the Affordable Housin
Cash Proffer is contributed as provided herein shall count as an Affordable Dwelling Unit for
purposes of thi5_Paragraph 1.
all applicable privacy laws, to periodically inspect-the records of the Owner er any successors in
2. Cash Proffer.
A. The Owner shall contribute cash to the County in the following amounts for each
dwelling unit constructed within the Property that is not an Affordable Dwelling Unit(a"Market
Rate Unit"), and that is in excess of the number of units that were allowed by right under the
4
zoning that was in existence prior to the approval of ZMA 2007-0004. Prior to the approval of
ZMA 2007-00004,the property was zoned R-6 Residential, and thus had by-right development
yield of 52 dwelling units. Therefore,the cash contribution for Market Rate Units shall begin
after a certificate of occupancy for the 52"d dwellin• unit within the Project is issued and .rior to
the Owner obtaining a certificate of occupancy for the 53" dwelling unit within the Project. The
cash contributions shall be used to address the fiscal impacts of development on the County's
public facilities and infrastructure (i.e., schools, public safety, libraries,parks and transportation)
identified in the County's Capital Improvements Program. The cash eentFibutiencontributions
shall be paid prior to e or a building permit f r each •nit in the following amounts:
-A(D. SeventeenFour Thousand FiveNine Hundred and Eighteen Dollars ($17,5001.918)
for each single family detached dwelling unit that is not an Affordable Dwelling Unit.}
B(ii). ElevenThree Thousand Ni feEight Hundred and Forty-Five Dollars ($11,9003,845)
for each single family attached dwelling unit that is not an Affordable Dwelling Unit.
unit that is not an Affordable Dwelling Unit.
D(iii). Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3_-B. Annual Adjustment of Cash Proffers. Beginning January 1, 2008,1 of each year
following the approval of this rezoning,the amount of each cash contribution required herein
shall be adjusted annually until paid,to reflect any increase or decrease for the preceding
calendar year in the Comparative Cost Multiplier, Regional City Average, Southeast Average,
Category C: Masonry Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall &
Swift) (the "Index") or the most applicable Marshall& Swift index determined by the County if
Marshall & Swift ceases publication of the Index iaentifedspecific index referenced herein in
discontinued. In no event shall any cash contribution amount be adjusted to a sum less than the
amount initially established by these proffers. The annual adjustment shall be made by
multiplying the proffered cash contribution amount for the preceding year by a fraction,the
numerator of which shall be the Index as of December 1 in the preeedingproceeding calendar
year, and the denominator of which shall be the Index as of December 1 in the year preceding the
calendar year most recently ended (the "Annual Percentage Change"). For each cash
correspondingly adjusted each year.
3. 4. Tree Preservation. The Owner has submitted asAs part of the Code of
_final site plan for the Project the Owner will
submit a tree preservation plan (the "Tree Plan") for thirty nine (39thirteen (13)trees within the
Project, as shown on theeeApplication Plan, which specifies tree protection methods and
procedures, including fertilizing, tree protection fencing and mulching which shall be complied
with during and after development of the Project. Prior to the final site plan approval, the Owner
shall submit a bond or other form of surety in the total amount of Twenty Nine Thousand Dollars
($29,000). ($ ). The bond or surety shall be
submitted to guaranty the replacement of those trees which are numbered 1, 1 A, 2, 3, 4, 4A, 5, Fr
5
•
1 • 1
7, 8, 9, 10, 11, 16, 17, 19, 20, 21, 22, 21, 25, 27A, 30, 31,32, 35, 38, 38A, and 44133_2 on the
TrccApplication Plan(the"Bonded Trees") in the event that any of the Bonded Trees die within
a period of five (5) years after issuance of the last resin-Certificate of Occupancy within the
Project. The bond or other surety shall be in a form acceptable to the County Engineer-and-the
County Attorney.
4. Pedestrian Easement. The Homeowners' Declaration of Covenants and Restrictions
for the Project shall contain a provision which grants a public right of pedestrian access over all
sidewalks within the Project. This right shall be in perpetuity and the Declaration shall name the
County of Albemarle, Virginia as a third-party beneficiary with the express right to enforce the
provisions of such public right of access.
to achieve a sediment removal rate of eighty percent(80%)for the Property. (As a reference,
..t r .l.,to structu nl m chi n (�0%o„timal r a .�to )
[SIGNATURE PAGE FOLLOWST
6
f
WITNESS the following duly authorized signaturessignature:
Owner:
OAKLEIGH ALBEMARLE;LLC,
a Virginia Limited Liability Company
By:
Printed Name:
Title: —
1179%' 14
31491018 2
7
Document comparison by Workshare Compare on Thursday, June 30, 2016
12:39:54 PM
Document 1 ID interwovenSite://WM-IW-APP/IWOVRIC/31 5671 4 7/1
Description #31567147v1<IWOVRIC> - 2008 Approved Oakleigh
Proffers _
Document 2 ID interwovenSite://wm-iw-app/IWOVRIC/31491018/2
Description #31491018v2<IWOVRIC> - Oakleigh, Proffers
Amendment 2016
Rendering set Standard
Insertion
Deletion
Moved-from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 56
Deletions 76
Moved from 3
Moved to 3
Style change 0
Format changed 0
Total changes 138