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Home My WebLink AboutSP200700026 Legacy Document 2007-12-06irRct�i'' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 December 5, 2007 Gregory Solis - Atwood Architects 215 5th Street, Sw, Suite 100 Charlottesville, Va 22903 RE: SP2007-00026 Crozet Station Dear Mr. Solis: Fax (434) 972-4012 On November 14, 2007, the Albemarle County Board of Supervisors took action on SP2007- 00026 to allow 30 residential units to be located above the existing Crozet Shopping Center buildings and a parking structure addition to the northeast corner of the site on Tax Map Parcel 56A2-01-29 in the White Hall District. This special use permit was approved based on the following conditions: 1. Development shall be in general accord with the concept plan entitled, "Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and last revised November 14, 2007", Sheet A/O and Sheets SP1-SP5; 2. The final site plan shall not be approved until the applicant has provided evidence that an easement has been executed to provide inter -parcel access to the property to the east; 3. There shall be no disturbance of the stream buffer; 4. Affordable and moderately -priced housing shall be provided as follows: A. Affordable housing units. The Owner shall provide five (5) residential dwelling units as affordable housing for sale. The five (5) units shall be comprised of one (1) or more of the following unit types: single-family attached housing or multi- family condominiums. The Owner or his successor in interest reserves the right to achieve the five (5) affordable units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below. The first subdivision plat or site plan for the Property shall designate the five (5) lots or units, as applicable, subject to the terms and conditions of this condition, that will be the affordable units as described herein. 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 eighty percent (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 thirty percent (30%) of the gross household income, provided, however, that in no event shall the selling price of such affordable units be more than sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) sales price/loan limits for VHDA's first-time homebuyer programs, provided that the selling price shall not be required to be less than One Hundred Ninety Thousand Four Hundred Dollars ($190,400) at the beginning of the ninety (90) day identification and qualification period referenced below. The Owner or his successor in interest may provide down payment assistance in the form of secondary financing to reduce the costs to the homebuyer, so that the resultant first mortgage and housing costs remain at, or below, the parameters described above. All financial programs or instruments described above must be acceptable to the primary mortgage lender. 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 (1) or more for -sale affordable units, the 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 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, then the then -current Owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the units that were originally planned to be affordable units, and the then -current Owner/builder shall have the right to sell the units without any restriction on sales price or income of the purchasers. C. Work force housing units. The Owner shall provide twenty-five (25) residential dwelling units for a sales price not to exceed three hundred thousand dollars ($300,000) for the first sale of each unit. The first subdivision plat or site plan for the Property shall designate the twenty-five (25) lots or units, as applicable, subject to this condition. D. Qualification period. All purchasers of for -sale affordable units shall be approved by the Albemarle County Office of Housing or its designee. The Owner shall provide the County or its designee a period of ninety (90) days to identify and pre -qualify an eligible purchaser for the units. The ninety (90) 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 one hundred twenty (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 ninety (90) day period, the Owner shall have the right to sell the units without any restriction on sales price or income of purchaser(s); provided, however, that any units sold or leased without such restriction shall nevertheless be counted toward the number of affordable units required to be provided pursuant to the terms of this condition. If these units are sold, this condition shall apply only to the first sale of each unit. Nothing herein shall preclude the then -current Owner/builder from working with the County Housing Department prior to the start of the notification periods described herein in an effort to identify qualifying purchasers for affordable units. E. Inspection of records. The County shall have the right, upon reasonable notice and subject to all applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of assuring compliance with this condition. 5. Residential amenities such as an outdoor plaza, paved path to the greenway, or civic green area shall be provided, to the satisfaction of the Planning Director as shown on the concept plan entitled, "Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised October 29, 2007", Sheets SP2 and SP3; 6. Street trees shall be provided along the Route 240 frontage. The street trees shall meet the minimum size, types of species, and spaced as determined by the County's Architectural Review Board; 7. The final site plan shall not be approved until the applicant has provided an access area to the greenway dedication in the north-west section of the property as shown on Sheet SP 2 of the Concept Plan entitled, "Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised October 29, 2007"; and 8. Water quality and water quantity treatment shall be based on an assumed pre-existing cover of twenty percent (20%) for the site. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with conditions of the SPECIAL USE PERMIT; approval of and compliance with a SITE PLAN; and approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have questions or comments regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, V. Wayne Cilimberg Director of Planning Cc: Crozet Shopping Center LLC P0Box 129 Crozet Va 22932 Tex Weaver Chuck Proctor Sherri Proctor File