HomeMy WebLinkAboutZMA201600015 Correspondence 2016-10-04 •
Direct Dial:434-951-5709 W I L L I A M S M U L L E N
vlong@wdliamsmullen corn
October 4, 2016
Via Email:jewberry@albemarle.org
JT Newberry
Senior Planner
Albemarle County Department of Community Development
401 McIntire Road,North Wing
Charlottesville, Virginia 22902
Re: ZMA 2016-00015 (Oakleigh)
Supplemental Comment Response Letter
Dear JT:
In addition to the comment response letter our project team submitted last week in connection
with ZMA 2016-00015, Oakleigh(the "Project"), we would like to address staff comments
related to Oakleigh's proffers in this supplemental letter. The attached Proffer Statement dated
June 30, 2016 (the"Proffers")has not been changed but has been included for ease of reference.
It is our contention that the Proffers sufficiently mitigate any impacts from the proposed
rezoning. The zoning is outlined in the Application Plan dated September 29, 2016 (the
"Application Plan") and other materials comprising the application which were previously
resubmitted to your attention last week.
The Application Plan proposes 16 loft apartments to be built within Block I and II (i.e. 16 units
of Multifamily A). Also proposed are 6 Townhomes in Block IV (Multifamily B). Assuming a
15% affordable housing requirement, the Applicant will pay a cash-in-lieu amount for 3 of the 22
total units equal to the value of such affordable housing units, i.e. $19,100. Thus, we contend the
resulting$130,355 in cash proffers will be sufficient to mitigate the impacts of the Project on
increased capacities of public facilities.
PROFFERS/IMPACT FEES TOTAL S/UNIT UNITS
Multifamily A $49,985 $3,845 13
Multifamily B $23,070 $3,845 6
Affordability Proffer $57,300 $19,100 3
Total Proffers $130,355
The loft apartments are estimated to be approximately small one to two-bedroom units, which
are not likely to attract families with children. The only other residential units proposed for the
Project are six (6)townhouse units. If one were to assume that each townhome might generate
two school-age children, which is likely on the very high-end given the location and design of
the Project,the Project will result in an estimated increase of merely 12 school children. We
contend the $130,355 that the Owner will pay in cash proffers will sufficiently mitigate any
resulting public school capacity issues from an estimated increase in a dozen school children,
particularly given the retail and commercial tax revenues that will offset any impacts of the
residential units.
1
r '
Direct Dial.434-951-5709 WILLIAMS M U L L E N
vlong@wil liamsmul len corn
Importantly,the cash proffers approved in 2008 (ZMA 2007-00004)were offered when the
proposal included residential units in place of the Assisted Living Facility. Now, only 11%of the
Project will consist of residential units, and the resulting impacts on public facilities will be
much lower. In addition, the Project proposes more total green space compared to the Project's
total residential space. The Project proposes 1.83 acres of green space or 21% of the Property,
including a pocket park. In addition, the Project now includes significantly more office and
residential uses than was previously proposed. The proposed personal office space(which could
include professional office space), retail uses, and particularly the proposed Assisted Living
Facility,will generate commercial tax revenue that will offset any impacts of the residential
units.
The Assisted Living Facility will also address a critical community need. The Albemarle
population is declining in age,and more retirees are moving to the area every day. This
accelerating aging population of the community will need ever more assisted living services. The
proposed rezoning application was initiated largely because of the interest of an Assisted Living
Facility. Thus the Project will actually address and satisfy public facilities needs rather than add
to the burden of public facilities.
Finally, in 2008 when the project was first rezoned, it did not receive by-right credit for the 52
units that could have been developed on the site with an R6 zoning, as shown on the attached
conceptual drawing as Exhibit"A". If such a credit were to fairly be given in the present
circumstances, it would more than cover the 22 units proposed. We believe it is appropriate for
the Project to be credited for the 52 units that could have been built under the previous by-right
zoning.
In sum, the Project's substantial reduction of residential units while keeping with its commitment
to greenspace (as exemplified by the preservation of large numbers of significant oak trees and
the creation of a pocket park), coupled with its plan to develop an Assisted Living Facility to
address a significant community need, will likely lead to less of an impact on increased capacity
of public facilities and a proffer of$130,355 in addition to the tax revenues generated by the
Project's commercial spaces will likely sufficiently mitigate any impacts that do result. We
appreciate your thoughtful consideration of this additional information. Should you have any
questions or comments, please do not hesitate to contact me.
Sincerely,
` evie-ii e-
Valerie W. Long
Enclosures
cc: George W. Ray, Oakleigh Albemarle, LLC
Steve Edwards, Edwards Design Studio
Alan Franklin,Alan Franklin Engineering
32103070 4
2
. IL
Direct Dial.434-951-5709 VN I L L I A M S M U L L E N
vlong@williamsmullen corn
Exhibit A
Conceptual Plan showing 52 by-right units
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Direct Dial.434-951-5709 WILLIAMS M U L L EN
vlong@williamsmullen.com
October 4, 2016
Via Email:jewberry@albemarle.org
JT Newberry
Senior Planner
Albemarle County Department of Community Development
401 McIntire Road,North Wing
Charlottesville, Virginia 22902
Re: ZMA 2016-00015 (Oakleigh)
Supplemental Comment Response Letter
Dear JT:
In addition to the comment response letter our project team submitted last week in connection
with ZMA 2016-00015, Oakleigh(the"Project"), we would like to address staff comments
related to Oakleigh's proffers in this supplemental letter. The attached Proffer Statement dated
June 30, 2016 (the"Proffers")has not been changed but has been included for ease of reference.
It is our contention that the Proffers sufficiently mitigate any impacts from the proposed
rezoning. The zoning is outlined in the Application Plan dated September 29, 2016 (the
"Application Plan") and other materials comprising the application which were previously
resubmitted to your attention last week.
The Application Plan proposes 16 loft apartments to be built within Block I and II (i.e. 16 units
of Multifamily A). Also proposed are 6 Townhomes in Block IV (Multifamily B). Assuming a
15% affordable housing requirement,the Applicant will pay a cash-in-lieu amount for 3 of the 22
total units equal to the value of such affordable housing units, i.e. $19,100.Thus, we contend the
resulting$130,355 in cash proffers will be sufficient to mitigate the impacts of the Project on
increased capacities of public facilities.
PROFFERS/IMPACT FEES TOTAL _ _ S/UNIT _ ITS
Multifamily A $419 9s5 , $3,845 13
Multifamily B $23$57070? $3,845 6
Affordability Proffer 300 $19,100 3
Total Proffers i $]30055(L32,GOO Cimprf- -- v.44.‘f,s�
The loft apartments are estimated to be approximately small one to two-bedroom units,which
are not likely to attract families with children. The only other residential units proposed for the
Project are six (6)townhouse units. If one were to assume that each townhome might generate
two school-age children,which is likely on the very high-end given the location and design of
the Project,the Project will result in an estimated increase of merely 12 school children. We
contend the$130,355 that the Owner will pay in cash proffers will sufficiently mitigate any
resulting public school capacity issues from an estimated increase in a dozen school children,
particularly given the retail and commercial tax revenues that will offset any impacts of the
residential units.
1
Direct Dial:434-951-5709 Wr I L L I A M S M U L L E N
vlong@williamsmullen.com
Importantly,the cash proffers approved in 2008 (ZMA 2007-00004)were offered when the
proposal included residential units in place of the Assisted Living Facility.Now, only 11%of the
Project will consist of residential units, and the resulting impacts on public facilities will be
much lower. In addition, the Project proposes more total green space compared to the Project's
total residential space. The Project proposes 1.83 acres of green space or 21% of the Property,
including a pocket park. In addition,the Project now includes significantly more office and
- residential uses than was previously proposed. The proposed personal office space(which could
include professional office space), retail uses, and particularly the proposed Assisted Living
Facility,will generate commercial tax revenue that will offset any impacts of the residential
units.
The Assisted Living Facility will also address a critical community need.The Albemarle
population is declining in age,and more retirees are moving to the area every day. This
accelerating aging population of the community will need ever more assisted living services. The
proposed rezoning application was initiated largely because of the interest of an Assisted Living
Facility. Thus the Project will actually address and satisfy public facilities needs rather than add
to the burden of public facilities.
Finally, in 2008 when the project was first rezoned, it did not receive by-right credit for the 52
units that could have been developed on the site with an R6 zoning,as shown on the attached
conceptual drawing as Exhibit"A". If such a credit were to fairly be given in the present
circumstances, it would more than cover the 22 units proposed. We believe it is appropriate for
the Project to be credited for the 52 units that could have been built under the previous by-right
zoning.
In sum,the Project's substantial reduction of residential units while keeping with its commitment
to greenspace(as exemplified by the preservation of large numbers of significant oak trees and
the creation of a pocket park), coupled with its plan to develop an Assisted Living Facility to
address a significant community need, will likely lead to less of an impact on increased capacity
of public facilities and a proffer of$130,355 in addition to the tax revenues generated by the
Project's commercial spaces will likely sufficiently mitigate any impacts that do result. We
appreciate your thoughtful consideration of this additional information. Should you have any
questions or comments, please do not hesitate to contact me.
Sincerely,
Valerie W. Long
Enclosures
cc: George W. Ray, Oakleigh Albemarle, LLC
Steve Edwards,Edwards Design Studio
Alan Franklin,Alan Franklin Engineering
32103070 4
2
r
. ,
Direct Dial:434-951-5709 WILLIAMS MULLEN
vlong@wi I I iamsm u I len.com
Exhibit A
• 1
Conceptual Plan showing 52 by-right units
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32103070 4
3
DRAFT
PROFFER STATEMENT
OAKLEIGH AMENDMENT
Date: June 30, 2016
ZMA#: 2016-00015 Oakleigh Amendment#2
Tax Map Parcel#: 04500-00-00-026A0
8.8 acres to be rezoned from Neighborhood Model Development("NMD")
to NMD to amend proffers
Oakleigh 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-2016-00015 known as"Oakleigh." The Applicant for Oakleigh
is 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 agreed 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. Affordable Housing.
A. 15%Affordable Requirement. The Owner shall provide cash 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").
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.
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 to Albemarle County for the affordable
housing program in the amount of Nineteen Thousand One Hundred Dollars ($19,100) for each
such unit(the"Affordable Housing Cash Proffer"). Any unit for which the Affordable Housing
- Cash Proffer is contributed as provided herein shall count as an Affordable Dwelling Unit for
purposes of this Paragraph 1.
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
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 52nd dwelling unit within the Project is issued and prior to
the Owner obtaining a certificate of occupancy for the 53'd 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 contributions shall be paid
in the following amounts:
(i). Four Thousand Nine Hundred and Eighteen Dollars ($4,918) for each single-family
detached dwelling unit;
(ii). Three Thousand Eight Hundred and Forty-Five Dollars ($3,845) for each single
family attached dwelling unit that is not an Affordable Dwelling Unit.
(iii). Zero Dollars ($0.00) for each Affordable Dwelling Unit.
B. Annual Adjustment of Cash Proffers. Beginning January 1 of each year following the
approval of this rezoning,the amount of each cash contribution required herein shall be adjusted
annually until paid, to reflect any increase or decrease for the preceding calendar year in the
Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry
Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the"Index") or
the most applicable Marshall & Swift index determined by the County if publication of the
specific index referenced herein in discontinued. In no event shall any cash-contribution amount
be adjusted to a sum less than the amount initially established by these proffers. The annual
adjustment shall be made by multiplying the proffered cash contribution amount for the
_. preceding year by a fraction,the numerator of which shall be the Index as of December 1 in the
proceeding calendar year, and the denominator of which shall be the Index as of December 1 in
the year preceding the calendar year most recently ended(the "Annual Percentage Change").
3. Tree Preservation. As part of the final site plan for the Project the Owner will submit
a tree preservation plan(the"Tree Plan") for thirteen(13)trees within the Project, as shown on
the Application Plan,which specifies tree protection methods and procedures, including
fertilizing,tree protection fencing,mulching, and site construction activities which shall be
complied with during and after development of the Project. Prior to the final site plan approval,.
the Owner shall submit a bond or other form of surety in the total amount of
($ ). 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, 7, 8, 9, 30, 31,
and 32 on the Application 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 Certificate of Occupancy within the
2
Project. The bond or other surety shall be in a form acceptable to the County Attorney.
4. Pedestrian Easement. The 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.
[SIGNATURE PAGE FOLLOWS]
3
WITNESS the following duly authorized signature:
Owner:
OAKLEIGH ALBEMARLE LLC,
a Virginia Limited Liability Company
By:
Printed Name:
Title:
I
31491018_3
4