HomeMy WebLinkAboutZMA202100015 Staff Report 2022-04-01COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA202100015 Glenbrook
Staff: Mariah Gleason, Senior Planner II
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
March 15, 2022
May 4, 2022
Owner: Glenbrook LLC
Applicant: Ashley Davies, Riverbend Development
TMP: 056A2010006200
Acreage: 1.89 acres
Rezone from: No Change to the zoning district
Location: Undeveloped portion of the Glenbrook
designation of R-6 Residential.
development located south of Three Notch'D Road and the
Buckingham Branch railroad tracks, west of the
westernmost edge of Union Mission Ln, north of the future
extension of Park Ridge Dr, and approximately 570 feet
east of the eastern terminus of Hill Top St.
School Districts: Western Albemarle High, Henley
By -right use: R-6 Residential - 6 units/acre which allows
Middle, Crozet Elementary
single family detached, single family attached/townhouses
and multifamily unit types.
Magisterial Districts: White Hall
Proffers: Yes
DA (Development Area) — Crozet Master Plan area
Requested # of Dwelling Units: No Change to the 180
dwelling unit maximum that was approved with a previous
rezoning, ZMA201600005. This maximum applies to the
37.93-acre rezoning area, of which the 1.89-acre subject
property is a portion.
Proposal: Amend the application plan and proffers
Comp. Plan Designation: Middle Density Residential —
previously approved with ZMA201600005 for this
Residential densities in the range of 6-12 units per acre are
1.89-acre portion of the 37.93-acre rezoning area. The
recommended. Residential density of up to 18 units per acre
ZMA201600005 rezoning proffered a voluntary,
could be considered to accommodate additional affordable
percentage -based mixture of residential building
housing (beyond any baseline affordability requirements); or
types, wherein a maximum of 50% of the units could
to allow for construction of small-scale housing types:
be single family attached and a minimum of 50%
bungalow courts, small and medium multiplexes, accessory
single family detached must be provided. A minimum
dwelling units, live/work units, small single family cottages,
of 10% attached are required. The applicant is
and tiny houses. Secondary uses include religious assembly
requesting to remove the aforementioned requirement
uses, schools and child care, institutional, and
to allow greater flexibility in permitted unit types on the
commercial/retail.
1.89-acre property subject to this rezoning.
Character of Property: The subject property is
Use of Surrounding Properties: Other phases of the
vacant and undeveloped, although some land clearing
Glenbrook development are located west and south of the
activities have occurred.
subject property. Parcels east of the subject property are
primarily developed as single-family detached residential
lots. Union Mission Baptist Church directly abuts the subject
property to the east. Abutting the subject property to the
north are the railroad and Three Notch'D Road right-of-way.
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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North of Three Notch'D Road are additional single-family
detached residential lots.
Affordable Housing: Yes ®
Affordable Housing: 15% total number of units, owner
No ❑
may elect to provide for -sale, for -rent, or cash in lieu.
Factors Favorable:
Factors Unfavorable:
1. The proposal could help deliver built,
Staff has not identified any factors unfavorable to this
affordable dwelling units into the local housing
request.
stock of Albemarle County, as opposed to
cash contributions into the Housing Fund.
2. The applicant's desire to offer greater diversity
in housing types and sizes is consistent with
the goals of the Crozet Master Plan.
3. The proposal is consistent with the
neighborhood model principles.
RECOMMENDATION: Staff recommends approval of ZMA202100015 Glenbrook.
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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STAFF PERSON: Mariah Gleason
PLANNING COMMISSION: March 15, 2022
BOARD OF SUPERVISORS: May 4, 2022
ZMA202100015 Glenbrook
PETITION
PROJECT: ZMA202100015 Glenbrook
MAGISTERIAL DISTRICT: White Hall
TAX MAP/PARCEL: 056A2-01-00-06200
LOCATION: Undeveloped portion of the Glenbrook development located south of Three Notch'D
Road, west of the westernmost edge of Union Mission Ln, north of the future extension of Park
Ridge Dr, and approximately 570 feet east of the eastern terminus of Hill Top St.
PROPOSAL: Request to amend the application plan and proffers concerning residential unit types
associated with ZMA201600005.
PETITION: Proffers previously approved with ZMA201600005 included a voluntary, percentage -
based mixture of residential building types, wherein a minimum of 50% of the proposed lots would be
single family detached dwelling units and a minimum of 10% of the proposed lots would be single
family attached or townhouse units. The applicant is requesting to remove the aforementioned
requirement from this 1.89 acre portion of the 37.93 acre rezoning area. No change to the zoning
district or maximum number of units are proposed. The subject property represents the final phase of
the Glenbrook development.
ZONING: R-6 Residential - 6 units/acre
OVERLAY DISTRICT: EC — Entrance Corridor
PROFFERS: Yes
COMPREHENSIVE PLAN: Middle Density Residential — Residential densities in the range of 6-12
units per acre are recommended. Residential density of up to 18 units per acre could be considered
to accommodate additional affordable housing (beyond any baseline affordability requirements); or
to allow for construction of small-scale housing types: bungalow courts, small and medium
multiplexes, accessory dwelling units, live/work units, small single family cottages, and tiny houses.
Secondary uses include religious assembly uses, schools and child care, institutional, and
commercial/retail.
CHARACTER OF THE AREA
The subject property, TMP 56A2-01-62, is a 1.89-acre lot that represents the final phase of the larger
Glenbrook development. All other phases of the Glenbrook development have been completed or
are currently in progress. Some land clearing activities have occurred on the subject property, as
permitted by a previously approved plan (WPO201700020). Generally, the site is vacant and
undeveloped, with some grasses and scrubs. The subject property is also located within an Entrance
Corridor Overlay District. Conformance with the applicable Entrance Corridor guidelines will be
evaluated during the review of a site plan.
Neighboring areas are primarily residential with some religious assembly uses also located nearby.
Properties to the west and south are, like the subject property, zoned R-6 Residential and are
currently being developed in phases as part of the Glenbrook development. Areas to the north and
east are zoned R-2 Residential and generally contain residential development as well as Union
Mission Baptist Church. The subject property is separated from residential properties to the north by
Buckingham Branch Railroad and Three Notch'D Road. Attachments 1 and 2 provide location and
zoning maps, respectively.
ZMA2021-00015 Glenbrook
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SPECIFICS OF THE PROPOSAL
In February 2017, the Board of Supervisors approved a zoning map amendment (ZMA) that allowed
the rezoning of 37.93-acres to R-6 Residential. The approval was accompanied by an application
plan and proffers. In addition to a maximum number of units, the proffered application plan also
identified a percentage -based minimum mixture of housing types, wherein a minimum of 50% of the
proposed lots will be single family detached houses and a minimum of 10% of the units will be single
family attached or townhouse units.
Of the original 37.93-acre rezoning area, this remaining 1.89-acre portion is the last area to be
developed. All other areas within the 2017 rezoning have approved plans that have either been built
or are in the process of being constructed. Development in these areas has been in accordance with
the previously approved application plan, proffers, and applicable Albemarle County Code
requirements.
The applicant's request is to relieve the subject property from the percentage -based minimum
housing type mixture specified by the previous rezoning. The applicant is not requesting to change
the maximum number of units from what was already approved. Therefore, the requested change is
limited solely to the type of dwellings permitted on the subject property.
As discussed in the applicant's Project Narrative, provided in Attachment 3, the applicant is seeking
relief from the building mixture in order to allow the development of affordable dwelling units in the
form of a multifamily or attached dwelling unit type. The affordable housing proffer stipulates that
15% of the total number of residential units constructed be affordable. Therefore, if the maximum
number of units permitted with the rezoning are built (180 units), at least 27 units would need to be
provided as for -sale or for -rent units. If not constructed, the applicant must provide cash in lieu of
construction at a rate of twenty-four thousand and three hundred seventy-five dollars ($24,375.00)
for each required affordable housing unit. This amount is subject to an annual adjustment. The
current 2022 rate is $27,409.99.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant's justification for the request is provided in their Project Narrative (see Attachment 3)
In the narrative, the applicant states:
"By building affordable units within the Glenbrook Development, versus paying into the
housing fund, more options are available to residents sooner. The proposed affordable
units in Glenbrook are particularly attractive because they are within walking distance to
multiple amenities including downtown Crozet, Crozet Park, the greenway trail system and
neighborhood gathering spaces."
Please note, the narrative reflects a previous version of the proposed application plan. The applicant
has since revised the proposal to use a different mechanism to achieve the desired goal of allowing
greater flexibility in permitted unit types on the subject property.
COMMUNITY MEETING
A virtual community meeting was held for this proposal on Wednesday, February 9, 2022, at a
regularly scheduled meeting of the Crozet Community Advisory Committee (CAC). This meeting was
conducted using Zoom. A recording of the virtual community meeting is available via the County
calendar and Albemarle County's YouTube account.
Attendees were generally supportive of the proposal, noting that actualized affordable units and
diversity in housing type are a benefit to the community. Questions from attendees covered a range
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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of topics, including whether affordable units would be for rent or sale, the design of the units (such as
square footage, bedrooms, and configuration), roadway connections and access, as well as the
decision by the applicant to provide affordable housing.
One concern was noted during the meeting about the number of residents living in each of the units
and resulting impacts that may have to schools. However, as the proposal is not increasing the
maximum density, or number of units, that can be achieved by the development, this proposal would
not be expected to generate more impacts to schools.
No comments or concerns from the public were received by staff outside of the community meeting.
PLANNING AND ZONING HISTORY
ZMA2016-00005: In February 2017, the Board of Supervisors approved a Zoning Map
Amendment which rezoned portions of five (5) parcels from R-1 Residential, R-2 Residential,
and LI-Light Industrial to an R-6 Residential zoning district. The rezoning included an
application plan and proffers (see Attachments 6 and 7, respectively) and allowed the
development of a maximum of 180 dwelling units across the 37.93-acre rezoning area.
SUB2018-00023 Phase I, SUB2020-00140 Phase IIA, SUB2020-00222 Phase IIB: From July
2018 to March 2021, three phases of Glenbrook received subdivision approval. To date, 73
single family detached and 66 single family attached units have been approved for a total of
139 units. This results in a percentage building type mixture of 53% detached units and 47%
attached units to date.
COMPREHENSIVE PLAN
The subject property is located within the Crozet Master Plan area. The Master Plan calls for the
property to be developed in accordance with the Middle Density Residential land use classification (see
map inset below; subject property identified by black box):
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residential. Residential densities in the range of 6-12 units per acre are recommended. Residential
density of up to 18 units per acre could be considered to accommodate additional affordable housing
(beyond any baseline affordability requirements); or to allow for construction of small-scale housing
types: bungalow courts, small and medium multiplexes, accessory dwelling units, live/work units, small
single family cottages, and tiny houses. Secondary uses include religious assembly uses, schools and
child care, institutional, and commercial/retail.
The proposed rezoning is in alignment with this land use designation. No changes to the maximum
density approved by the previous rezoning are proposed (180 dwelling units under ZMA201600005)
However, the applicant has indicated that they are seeking to offer smaller -scale housing types and
options, which is consistent with the Master Plan's recommendation for housing types in this area.
The Neighborhood Model: Based on the specific and minimal changes requested to the previously
approved rezoning, staff did not reevaluate the proposal against the twelve Neighborhood Model
Principles. During staff's review of the original rezoning, ZMA201600005, the proposal was found to
be largely consistent with the Neighborhood Model Principles, acknowledging that some principles
were not applicable to the request.
The applicant's request to relieve this 1.89-acre portion of the original 37.93-acre rezoning area from
the building type requirement does not make the proposal less consistent with the Neighborhood
Model Principles, particularly the "Mixture of Housing Types and Affordability' principle. The
development still successfully offers a mix of housing types and will remain subject to a previously
approved proffer concerning affordable housing. As indicated in the community meeting and
discussions with the applicant, development on the subject property will offer a greater selection of
housing types, sizes, and affordability. Staff, therefore, believe that the proposal will likely strengthen
the development's consistency with the Neighborhood Model Principles.
Affordable Housing: The County's 2015 Comprehensive Plan has a chapter on housing (Chapter
9), which provides strategies to achieve its goal of "housing [that] will be safe, decent, and sanitary;
available to all income and age levels; located primarily in the Development Areas; and available
equally to all current and future County residents." Objective 6 is for the provision of affordable
housing options for low -to -moderate income residents of Albemarle County and persons who work
within the County who wish to reside there. The Comprehensive Plan includes several strategies to
achieve this objective. Strategy 6b is to "continue to ensure that at a minimum, 15% of all units
developed under rezoning and special use permits are affordable, as defined by the County's Office
of Housing, or a comparable contribution is made to achieve the affordable housing goals of the
County."
The previously approved rezoning, ZMA201600005, included a proffer for Affordable Housing. As
mentioned above, the proffer states that affordable housing units equal to fifteen percent (15%) of
the total number of residential units shall be constructed within the rezoning area. Based on the
maximum density, 15% of 180 total dwelling units would require up to twenty-seven (27) units to be
designated affordable. The units could be offered for either rent or sale, however, if not constructed,
the applicant is required to make a cash proffer payment in lieu of construction of affordable dwelling
units at a rate of twenty-four thousand and three hundred seventy-five dollars ($24,375.00) for each
unit, subject to an annual adjustment. The applicant's request includes no changes to this proffer.
The proffer will continue to run with the subject property as it was previously approved. The County's
Housing Policy Manager has reviewed this application and expressed no objections to the proposal.
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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ZONING ORDINANCE REQUIREMENTS
Relationship between the application and the intent and purposes of the requested zoning district:
Based on the application plan and proffers submitted by the applicant, Attachments 4 and 5
respectively, the applicant is not requesting to change the existing R-6 Residential zoning district or
maximum number of units previously approved on the property. The applicant's request is limited to
seeking greater flexibility in the unit types allowed on the subject property, within the applicable
regulations of the Albemarle County Code for R-6 Residential zoning districts. Therefore, staff find
the proposal to be consistent with the requested zoning district.
Anticipated impact on public facilities and services:
Streets:
Access to the subject property will be provided via public roads being developed in coordination with
other phases of the Glenbrook development. VDOT and the County's Transportation Planning Team
reviewed this application and expressed no objections to the proposal.
At this time, the applicant has not submitted a layout for proposed units or travelways on the subject
property. When submitted, future road development or improvements specific to the site, such as
turning radii, sight distances, or road connections, will be assessed by VDOT and County
Engineering staff as part of a site plan or subdivision application.
Schools:
The applicant is not proposing to change the existing zoning district or previously approved density.
Therefore, impacts to the school system will not change as a result of this request.
Fire & Rescue:
Albemarle County Fire Rescue (ACFR) has reviewed this rezoning application and has no objections
at this time. Code requirements for items such as street and travel -way widths and turning radii will
be addressed at the site planning or subdivision stage, as well as other items such as adequate
access and water availability. These elements will have to meet Fire -Rescue requirements before
those plans can be approved by the County.
Utilities:
This project is in the Albemarle County Service Authority (ACSA) water and sewer service
jurisdictional area. ACSA and Rivanna Water & Sewer Authority (RWSA) have no objections to the
project at this time. Future development will require RWSA capacity certification. Also, a utilities
construction plan will be required, subject to ACSA approval, prior to the approval of a subdivision
plat and/or site plan by the County.
Anticipated impact on environmental, cultural and historic resources:
There are no known cultural or historic resources on the subject property. In addition, no steep
slopes, flood plains, or water protection ordinance (WPO) buffers are present on the property. Any
increase in stormwater runoff above what is currently allowed on the property will be reviewed by
County Engineering staff during the development phase of the project. Any stormwater facilities will
be designed in accordance with the Virginia Stormwater Management Program (VSMP) regulations
administered by the Virginia Department of Environmental Quality (DEQ).
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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Anticipated impact on nearby and surrounding properties:
As neither the zoning district nor total number of units are changing, development of the property is
not anticipated to have significant impacts on nearby and surrounding properties.
Public need and justification for the change:
While the permitted density is not increasing, the proposal would allow for flexibility in the types of
dwelling units provided. This flexibility should allow for the delivery of constructed affordable units
into the housing stock and community, which has been a consistent goal of Albemarle County in its
polices, programs, and Comprehensive Plan.
SUMMARY
The applicant's request is to relieve the 1.189-acre subject property from the percentage -based
minimum housing type mixture specified by the previous rezoning. Other areas of the total 37.93-
acre rezoning have been developed consistent with the original rezoning's required housing type
minimums of 50% single-family detached and 10% single-family attached units. The applicant is not
requesting any changes to the zoning district or maximum number of units that were previously
approved.
Staff has identified the following factors which are favorable to this request
The proposal will deliver built, affordable dwelling units into the local housing stock of
Albemarle County, as opposed to cash contributions into the Housing Fund.
The applicant's desire to offer greater diversity in housing types and sizes is consistent with
the goals of the Crozet Master Plan.
The proposal is consistent with the neighborhood model principles.
Staff has not identified any factors unfavorable to this request.
RECOMMENDATION
Staff recommends approval of ZMA202100015 Glenbrook.
ATTACHMENTS
1 — Location Map
2 — Zoning Map
3 — Project Narrative, dated October 28, 2021
4 — Proposed Application Plan, dated February 16, 2016; last revised February 18, 2022
5 — Proposed Proffers, dated February 18, 2022
6 — ZMA201600005 Application Plan, dated February 16, 2016; last revised January 3, 2017
7 — ZMA201600005 Proffers, dated February 6, 2017
ZMA2021-00015 Glenbrook
PC Public Hearing 3/15/2022
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Glenbrook (Foothills Daily Rezoning) Zoning Amendment Narrative
October 28, 2021
Parcels:
056A2-01-00-06200 Glenbrook LLC 1.89 acres
A narrative of the project proposal, including its public need or
benefit;
Glenbrook LLC, the owner and applicant, proposes a zoning amendment to the Foothills Daily
rezoning, ZMA 2016-05, approved on February 8, 2017, by the Albemarle County Board of
Supervisors. The applicant's proposal requires one minor update to the Application Plan for the
Glenbrook development, currently under construction, as well as updating the proffer statement to
reference to updated version of the Application Plan. Specifically, the applicant proposes changing
one note on the application plan regarding building types. Instead of a minimum of 50% single
family detached dwellings in the overall Glenbrook development, the applicant proposes a minimum
of 40% single family detached dwelling units. This change will allow for the construction of
affordable dwelling units in the final phase of the project. These units will be an attached housing
type available to families making up to 80% of the area median income.
There is a great need for affordable housing units in Albemarle County. By building affordable units
within the Glenbrook Development, versus paying into the housing fund, more options are available
to residents sooner. The proposed affordable units in Glenbrook are particularly attractive because
they are within walking distance to multiple amenities including downtown Crozet, Crozet Park, the
greenway trail system and neighborhood gathering spaces. The community will greatly benefit from
a diversity of housing types, especially the introduction of affordable units into a market that rarely
has anything available.
A narrative of the proposed project's consistency with the comprehensive plan,
including the land use plan and the master plan for the applicable development
area;
The Foothills Daily rezoning was determined to be consistent with the Albemarle County
Comprehensive Plan when it was approved in 2017. The comprehensive plan designations for this
property —Neighborhood Density Residential and Urban Density Residential- remain consistent. The
R-6 zoning of the property is harmonious with the long-range vision outlined in the Comprehensive
Plan. The Glenbrook development also remains totally consistent with the approved application
plan and density levels of the development, with the only adjustment proposed is the change to the
minimum percentage of single family detached dwelling units from 50%to 40%. The proposed
amendment is harmonious with the Comprehensive Plan.
A narrative that addresses the impacts of the proposed development on public
transportation facilities, public safety facilities, public school facilities, and public
parks.
The change in percentages of single-family homes within the Glenbrook development has no impact
on any public facilities, as the overall density maximum within the development and rezoning is
consistent with the 2017 approvals of ZMA 2016-05.
Other special studies or documentation, if applicable, and any other information identified as
necessary by the county on the pre -application comment form.
• Documentation to clearly state that the proposed rezoning amendment only seeks to change
the approved building type minimums noted in the approved Application Plan for
ZMA201600005 and referenced on page 1, item (b) of the approved Proffer Statement for
ZMA201600005.
Included in the narrative above. The only change proposed in this zoning amendment is the
one update to the Building Types note of the Application Plan. The proffer statement is also
updated to reference the new Application Plan with the noted change.
Updated Application Plan to reflect the amended building type composition/mix
Included.
• Updated Proffer Statement to reference the amended Application Plan as appropriate
Included.
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_------- \ i/----- ---__ _� ------
----- _ _ �EX�STII�GR�CfCOA — =/ - - S89°56'4/"�246.29_'�-%� - f ---_ _ --
-- _ _ -ZMA 2021-15 APPLICATION PLAN FOR TMP 56A2-01-62
—� -
1
_ -�
If I TMP56A201-62(
I ORIGINAL
DEI ' \ \ \ I� ZMA20-167-05 \ - j /� /
_ \
ROPOSEp F LL6
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`SUBJECT
/ \ EXISTING ZONING: R-z
— \ F
\ TMPo56Az-oz-oo-o6zoo TMPo56Az-oi-oo-o6zoo w
ROUTE zoo HOLDINGS LLC ROUTE 24o HOLDINGS LLC C/O
PO BOXz467 REDLIGHT MANAGEMENT OR
-- CHARLOTTESVILLE, VA zzgoz MAIN STREET HOLDINGS o O
\ REZONING ACREAGE: 2.23 AC PO BOX 1467
\ EXISTIGN ZONING: R-z CHARLOTTESVILLE, VA zzgoz ko z
REZONING ACREAGE: 3.z4AC a �
EXISTING ZONING: LI F Ov
1 DEVELOPER: RIVERBEND DEVELOPMENT, INC. z
1\ I 455 SECOND STREET SE, SUITE 400 O
CHARLOTTESVILLE, VA 22903 U)
\\\\ ENGINEER: COLLINS ENGINEERING ID 0
\\ zoo GARRETT ST, SUITE K z N Q
CHARLOTTESVILLE, VA zzgoz z O <
\ O a N z
\ \ TOTAL PROJECT AREA: TMPo56Ko-oo-oo-000Az(including R/W): 35.46 AC I--, p
\ \� TMPo5600-oo-oo-o57Co(including R/VW): 5.38AC 02 ~ z
TMPo5600-oo-oo-o57Bz: u.72AC > w g O
TMPo56Az-oi-oo-o6z0o(including R/W): 2.23AC LU 0-
TMPo56Az-o1-oo-o6zoo (PART OF): 3.24AC. O J
/ 37-93 AC. TOTAL n
PROPOSED ZONING: R-6 ZONING U
/ w
SETBACKS: DEVELOPMENT SHALL CONFORM TO THE SETBACKS FOR R-6 ZONING IN a F
- - - - / ACCORDANCE WITH SECTION 4.19 OF THE ALB. CO. ZONING ORDINANCE. ¢ O
TOPOGRAPHY: TOPOGRAPHY PROVIDED BYA COMBINATION OF ROUDABUSH, GALE z UT
& ASSOCIATES & LOUISA AERIAL SURVEYS, JANUARY z007. BOUNDARY � p
INFORMATION PROVIDED BY ROUDABUSH, GALE & ASSOCIATES. 0 H
— w Q
DATUM: NAVD1988
\i c BUILDING TYPE: A MINIMUM OF 5o%OF THE PROPOSED LOTS WILL BE SINGLE FAMILY � 0
DETACHED HOUSES. SINGLE FAMILY ATTACHED (SFA) UNITS AND
TOWNHOUSES MAYBE CONSTRUCTED IN THE AREAS ADJACENT TO
PARK RIDGE DRIVE AND THE EASTERN CONNECTOR ROADWAY. A zz
Sq�44'/ 226.4 MINIMUM OFzo%OFTHEUNITSSHALLBESFAORTOWNHOUSEUNITS.THISS
\,'�B TYPE REQUIREMENT DOES NOTAPPLY TO TMPo56Az-oz-oo-o6zoo.3 N N
ID 00
DENSITY: MAXIMUM NUMBER OF PROPOSED UNITS SHALL NOT EXCEED z8o UNITS. Lu
Q r-4
S 2AV�06.31' o ; N
/// CIVIC AREA: 20,000 SF MINIMUM RECREATION AREA. THE FACILITIES CONTAINED WITHIN o 0
THE CIVIC AREA SHALL BE DETERMINED DURING THE SITE PLAN OR
-- - - l ,O / SUBDIVISION PROCESS, BUT MAY INCLUDE FACILITIES SUCH AS A TOT LOT,
CLUBHOUSE, RECREATIONAL FIELD, PICNIC AREA, PLAZA/ COMMUNITY
MEETING SPACE, AND/OR SPORTS COURT, OR COMBINATION THEREOF.
UTILITIES: COUNTY WATER AND SEWER Z
\ S
FLOODPLAIN: THERE IS NO FLOODPLAIN LOCATED ON THIS SITE. FEMA MAP ID w
51003Co229D DATED FEBRUARY 4, 2005.
\ r\ \
�.. WPO STREAM BUFFER: THE zoo' STREAM BUFFERS ARE SHOWN ON THE PROPERTY. NO PROPOSED
8�° , S8" 4�5. 0' IJ I Ir \ LOTS OR DEVELOPMENT SHALL BE LOCATED WITHIN THE ioo' STREAM BUFFER AREAS.
-. \\ NOTES:
z. ALL PROPOSED STREETS SHALL BE PUBLIC STREETS. SEE CROSS SECTIONS ON THIS
APPLICATION PLAN FOR THE DESIGN OF THE STREETS.
f IV. / ��, \— z. EXACT LOCATION OF NEIGHBORHOOD STREETS AND ALLEYS WITHIN THE LIMITS OF THE
LLS �\\ REZONING SHALL BE DETERMINED DURING THE SITE PLAN OR SUBDIVISION PROCESS.
3. ALL PROPOSED ROADWAYS SHALL HAVE STREET TREES AND SIDEWALKS IN ACCORDANCE U
�P \ WITH ALBEMARLE COUNTY REQUIREMENTS. o—
o- 7
4. PARKING FOR THE PROPOSED DEVELOPMENT SHALL BE PROVIDED IN ACCORDANCE WITH L
EXI TI FOOTHLSI ALBEMARLE COUNTY CODE z8.4.zz. EACH PRELIMINARY SITE AND SUBDIVISION PLAT WILL
ING - PHASE III INCLUDE A PARKING AND LOADING NEEDS STUDY FOR THE PROPOSED DEVELOPMENT `� U)
SHOWN IN THE PRELIMINARY PLAN. t--I
S. THE PROPOSED DEVELOPMENT SHALL INCLUDE A CIVIC AREA LOCATED IN THE 0
APPROXIMATE LOCATION AS SHOWN ON THE APPLICATION PLAN. ACTIVE RECREATIONAL (n J
` LEGEND AND/OR MEETING AREAS SHALL BE PROVIDED WITHIN THE PROPOSED CIVIC AREA. THE CIVIC �J
/ AREA SHALL BE CONNECTED TO THE CROZETTRAIL NETWORK THOUGH THE SIDEWALKS z Q
/ ❑ PARCELS PART OF THE REZONING AND TRAILWAYS PROPOSED WITH THIS DEVELOPMENT AS SHOWN ON THE APPLICATION
PLAN.
PRIMITIVE TRAILWAY 6. THE PROPOSED OPEN SPACE AREAS MAY BE EXPANDED DURING THE DESIGN PHASES TO O LU
❑ LU
ALLOW FOR ADDITIONAL AREA TO ACCOMMODATE UTILITIES, STORMWATER _
_ 100' WATER PROTECTION BUFFER MANAGEMENT, AND EROSION CONTROL MEASURES, AS NECESSARY FOR THE N �
DEVELOPMENT. THE PROPOSED DEVELOPMENT SHALL HAVE A MINIMUM OF 25%OPEN
\ \ \ \ \ - I �\ ♦ / �� S).P�tii SPACE. Ur
\ - - _ - ` \ \ \ ,♦ - - ^ / / I - �� ��T �Lq PROPOSED LOCATION OF CIVIC SPACE A MASTER STORMWATER MANAGEMENT PLAN SHALL BE COMPLETED AND SUBMITTED TO Q
/ / Y ❑ T / �
- - I 'Y ALBEMARLE COUNTY FOR REVIEW AND APPROVAL PRIOR TO THE APPROVAL OF THE FIRST i r� �J
N52° 00' 09"W 269.77` `J
�/� \ � �\ _ \ \ � / / MANAGED SLOPES INITIAL SITE PLAN OR SUBDIVISION PLAT. ALL STORMWATER MANAGEMENT FACILITIES SHALL J
\ ( _ L ` \ - �- // I ® BE LOCATED OUTSIDE OF THE WATER PROTECTION BUFFER AREAS. z J
�' \ — J I \ \\ \ \\ \ R \ _�• \ - EXISTING CROZET \ - \ - _ - - - - 8. THERE ARE NO PRESERVED SLOPES LOCATED ON THE PROPERTY. THE MANAGED SLOPES ARE nn
\ \ \ \ — t \ ` ( _ _ _ _ _ _ - .. REZONING PROPERTY \ PROPOSED GREENWAY SHOWN AND LABELED ON THE APPLICATION PLAN. I__L Q
\ EXISTING CLASS A — — \� DOG PARK 1 2
\� / - _ LINE g. BUILDINGS SHALL BE ORIENTED TOWARD PUBLIC STREETS.
00 PAVED TRAIL \ \♦ 1 / \ (^ U) W
\I io. THIS PROJECT SHALL BE DEVELOPED IN A MINIMUM OF i PHASE AND MAXIMUM OF z PHASES.
�, \ \♦ i \ I 1 \ _ - / \ ""� u. A GROUP MAILBOX LOCATION SHALL BE PROVIDED WITHIN THE CIVIC AREA. O
lz. GARAGES SHALL BE STEPPED BACK A MINIMUM OF 3 FEET FROM THE FRONT OF THE PRIMARY
RESIDENCE FOR SINGLE FAMILY UNITS TO MEET RELEGATED PARKING REQUIREMENTS. _
4 5 s 13. THE PROPOSED ROADWAY NETWORK SHALL BE AN IRREGULAR GRID PATTERN. CUL-DE-SACS U
SHALL NOT BE UTILIZED UNLESS IT IS NOT FEASIBLE TO CONNECT STREETS DUE TO EXISTING
ENVIRONMENTALLY SENSITIVE AREAS, STORMWATER MANAGEMENT FACILITIES, STEEP
` \ _ _ _ / TERRAIN, GRADE SEPARATIONS, AND/OR STREET DESIGN REQUIREMENTS THAT PROHIBIT A -
\ \ \ \ ` a -- - _ - - 19° 337 17. \ \/�% GRID FORM OR CONNECTIONS AS DETERMINED BY THE DIRECTOR OF PLANNING IN
1�51° 04' 44"W 43 \\ss -- _ / // \ 1'- �"/ / i CONSULTATION WITH VDOT, FIRE/RESCUE, AND COUNTY ENGINEER WHEN APPROPRIATE.
\ PROPOSED CONNECTION \ / /
1 / ' FROM GREENWAY TRAIL-
j TO CROZET TRAIL AND _
CROZET PARK / / / \\ J��� j `,�/�� ^� ` EXISTING GREENWAY
\ I AND TRAIL SYSTEM
5° 58' 40"\ sb as —11 _ L=2 = 7 7�r
GRAPHIC SC A E
N61°07"45I'W 107.4 /�\` /\\� / ��_i / - ---- / /�-
/ 100 0 50 ioo zoo 400�-
%// _ °-43'58"W 214.04' - �� r PROPOSED CONCRETE
'Jt2° (tffW--t802 __ �CULVERTATSTREAM CROSSING
_-
/A ,/ ( ET) \ S64° 45' 00"W 37.6 - _ _ EXISTING PORTION _ 4:�
\- _-
\ 1 in = 100 ft. EXISTING STREAM
OF EASTERN AVENUNE —
CONC PLANTING PLANTING CONC
XIST. GROUND TRAVEL TRAVEL _
S/W STRIP C&G LANE LANE C&G TRIP S/W
R/W
NOTE'.' PARKING ON ONE SIDE OF THE STREET ONLY. PARKING SHALL BE RESTRICTED ON THE OTHER SIDE OF THE STREET WITH NO PARKING SIGNS
NEIGHBORHOOD STREET CROSS SECTION
(NOTE TO SCALE)
1/, J CONC. PLANTING BIKE BIKE PL
EXIST. GROUND S/W STRIP C&G LANE ORLANESRN�ORI LANES
N LANE C&G
LANES LINES '
R/W
NOTE' NO PARKING ALONG EASTERN AVENUE. PARKING IS ALLOWED ON PARK RIDGE DRIVE WITH PARKING SPACE BUMP -OUTS ONLY.
EASTERN AVENUE & PARK RIDGE DRIVE ROADWAY CROSS SECTION
(NOTE 70 SCALE)
GONG.
EXIST. GROUND
O
❑
EXI TS . GROUND
FEBRUARY 16,
2016
EXIST. GROUND
S C A L E
EXIST. GROUND
1 " - 100'
SHEET 1 OF 1
DRAFT
Amended PROFFER STATEMENT
FOOTHILLS CROSSING
Date: February 18, 2022
ZMA#:
Tax Map Parcel: 056A2-01-00-06200
Owner of Record: Glenbrook LLC
Rezone parcel 056A2-01-00-06200 totaling approximately 1.89 acres from R-6 Residential (R6) to R-6
Residential.
Total Land Area:1.89 acres
The Proffer Statement for Foothills Crossing, ZMA 2016-05, dated February 6, 2017, and approved by
the Albemarle County Board of Supervisors on February 8, 2017, shall remain in full effect, except
for the replacement of the date of the Application Plan, referenced on page one of the proffer
statement (attached). Instead of an Application Plan date of January 3, 2017, the proffer statement
shall now reference the updated Application Plan, dated February 18, 2022.
The Application Plan shall refer to that certain Application Plan prepared by Collins Engineering
February 16, 2016last revised February 18, 2022 (the Application Plan').
DRAFT
The undersigned Owner(s) hereby proffer that the use and development of the Property
shall be in conformance with the proffers and conditions herein above. 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 signature:
OWNER of Tax Map Parcel 056A2-01-00-06200:
Glenbrook, LLC, a Virginia limited liability company
By: Riverbend Development, Inc.
Its: Manager
Alan R. Taylor
Its: President
Date:
1 _ _ .__ __ __ � ___._....._.
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax 434 972-4126
March 17, 2017
Alan Taylor- Riverbend Development
455 2 St Se 5th Floor
Charlottesville Va 22902
RE: ZAW01600005 Foothills Daily Property
Dear Mr. Taylor,
On February 8, 2017, the Board of took action on your Zoning Map Amendment application
request to to rezone Tax Map Parcels 056000000057CO, 056000000057132, and 056KOOOOOOOOA2
from RI -Residential to R6-Residential; parcel 056A2010006200 from R2-Residential to R6-
Residential; and a portion of parcel 056A2010006100 from LI-Light Industrial to R6-Residential
for a total of approximately 38 acres, in the White Hall District. The Zoning Map Amendment
permit was approved by the Board's adoption of the attached resolution and proffers.
If you have questions regarding the above -noted action, please contact Rebecca Ragsdale at (434) 296-
5832.
Sincerely,
David Benish
Chief of Planning
*Attachment*
PROFFER STATEMENT
FOOTHILLS CROSSING
Date: February 6, 2017
ZMA #: 2016-05
Tax Map Parcel #: 056A2-01-00-06200, 05600-00-00-057CO, 05600-00-00-057B2, 056A2-01-
00-06100, and 056KO-00-00-OOOA2 (the "Property'D
Owner(s) of Record: Route 240 Holdings, LLC; Edmund J. Daily, Christopher Daily & Cynthia
Daily DiCamo; Route 240, LLC; and Foothills Crossing, INC.
Rezone parcel 056A2-01-00-06200 totaling approximately 2.13 acres from R2 Residential (K2) to R6
Residential (R6), and rezone three parcels (05600-00-00-57CO, 05600-00-00-057B2, and 056KO-00-
00-OOOA2) totaling approximately 32.56 acres from R1 Residential (Rl) to R6, and a portion of parcel
056A2-01-00-6100, containing 3.24 acres from Light Industrial (LI) to R6.
Total Land Area: 37.93 acres
Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance, the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Foothills Crossing
(hereinafter the 'Property) if the Zoning Map Amendment (hereinafter the "ZMA') is approved by
the County of Albemarle (the "County D. These conditions are proffered as a part of the requested
ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such
conditions have a reasonable relation to the rezoning requested.
The term "Owner" as referenced herein shall mean the owner(s) of record and successors in interest
of parcels 056A2-01-00-06200, 05600-00-00-057CO, 05600-00-00-057B2, 056KO-00-00-OOOA2, and a
portion of 056A2-01-00-06100.
The Application Plan shall refer to that terrain Application Plan prepared by Collins Engineering
February 16, 2016last revised January 3, 2017 (the "Application Plan'). Future development of the
Property shall be in general accord with the Application Plan. To be in general accord with the
Application Plan, the development and use shallreflect the major elements shown on the Application
Plan and listed below, as determined the Director of Planning or his designee:
a) Streets shall be interconnected, except where described in Note 13 of the Application Plan.
b) There shall be a mixture of housing types and maximum number of units as described in
building type and density in the General Notes section of the Application Plan.
c) Buildings shall be oriented towards public streets as described in Note 9 of the Application Plan.
A strip of open space shall be provided along the Eastern Avenue Connector Road and Park
Ridge Street, where necessary, to provide additional landscape buffering of any rear yards
abutting the open space where backs of buildings are visible from the street.
Page 1 of 8
d) The Greenway trail system shall include a connection to this phase of the Foothill Crossings
Neighborhood and a connection to Crozet Park.
The headings of the proffers and conditions set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provisions of the proffers.
1. Park Ridge Street Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Park Ridge Street ("Park Ridge's on the Application Plan. Park Ridge will be an
"avenue section" in design, with bike lanes, parking, sidewalks, street trees, and curb and gutter. Park
Ridge shall be constructed, bonded and ready to be recommended by the Albemarle County Board
of Supervisors for acceptance into the public system, and the County Engineer shall have determined
that the roadway is safe and convenient for traffic (hereinafter, "completed' prior to issuance of the
tenth (10th) certificate of occupancy (herein after "CO') within the Property. Once the Owner
completes Park Ridge and within sixty (60) days after the written request of the County, the Owner
shall dedicate Park Ridge as a public road.
2. Eastern Avenue Connector Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Eastern Avenue Connector Roadway ("Eastern Avenue's on the Application Plan.
Eastern Avenue will be an "avenue section" in design, with bike lanes, parking, sidewalks, street
trees, and curb and gutter. Eastern Avenue shall be constructed, bonded and ready to be
recommended by the Albemarle County Board of Supervisors for acceptance into the public system,
and the County Engineer shall have determined that the roadway is safe and convenient for traffic
(hereinafter, "completed') prior to issuance of the fiftieth (501h) CO within the Property. Once the
Owner completes Eastern Avenue and widen sixty (60) days after the written request of the County,
the Owner shall dedicate Eastern Avenue as a public road.
3. Greenway Trails.
A. Construction and Dedication of Greenway Trails
A primitive trail network, consistent with the County's design standards for a Class B-
type 1 primitive nature trail, shall be established within the Greenaway. The installation
of the trail shall not preclude the future conversion, by others, of the trail to Class A -
paved trail standards. The general location of the trail network is shown on the
Application Plan, however exact trail locations shall be determined based on site
conditions. Installation of the trail network shall be completed prior to issuance of
approval of the tenth (101h) CO for a single family dwelling within the Project.
Upon the request of the County, but not prior to the issuance of the tenth (10t*) CO
within the Project, the Owner shall dedicate to the County an easement for public use
over the Greenway area, as shown on the Application Plan. Prior to the County's
request to dedicate such easement, the Owner may dedicate portions of the Greenway
by easement concurrently with one or more subdivision plats for areas lying adjacent to
the Greenway; provided however, that Owner may reserve in such easements, rights of
Page 2 of 8
access for utilities and maintenance. Each subdivision plat shall depict the Greenway
area to be dedicated and shall bear a notation that the Greenway area is dedicated for
public use. If, at the time the County requests dedication of the Greenway, any part of
the Greenway that has not been dedicated by subdivision plat, shall be (within six (6)
months of such request) at Owner's cost, surveyed, platted and recorded with one or
more deeds of easement dedication.
B. Bike and Pedestrian Tunnel
Pursuant to approval by VDOT and the County, the Uwner shall construct a bike and
pedestrian tunnel (herein after the "Pedestrian Tunner) along the trail network as it
passes underneath Eastern Avenue. The Tunnel design shall be submitted for review
with the roadway plans for Eastern Avenue. Installation of the Tunnel shall be
completed prior to issuance of approval of the tenth (10th) CO for a single family
dwelling within the Project.
4. Community Civic Space.
The Owner shall provide not less than 20,000 square feet of land within the Project for a Civic Space
in the general location identified on the Application Plan. The Civic Space shall be substantially
completed prior to the issuance of approval of the tenth (10th) CO within the Project. Parks and
Civic Spaces shall be conveyed to, and maintained by the Owner's Association. The Owner shall pay
the cost of subdividing and conveying the Parks and Civic Spaces to the Owner's Association.
5. Cash Proffer for Capital Improvements Projects.
The Owner shall contribute cash on a per "market -rate" dwelling unit basis in excess of the number
of units that are allowed by right under the zoning in existence at the time of this zoning amendment
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. For the puuposes of Ibis
Proffer 5, the number of units allowed by right under the R-1 Residential zoning is thirty five (35)
single-family detached units. A "market rate" unit is any single-family detached unit in the Project
that is not either a For -Sale Affordable Housing Unit or For -Rent Affordable Unit as described in
Proffer 6. The cash contributions shall be Seven Thousand Three Hundred Thirty Three Dollars
and Eighteen Cents ($7,333.18) for each single family detached dwelling unit, other than a
constructed For -Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 6.
In other words, the cash contribution for market rate single family units shall begin after a building
permit for the 35th market rate single family unit is issued and prior to the Owner obtaining a
building permit for the 36th market rate single family unit. The cash contributions shall be Five
Thousand four Hundred Forty Seven Dollars and Fifty Seven Cents ($5,447.57) for each single
family attached dwelling unit, other than a constructed For -Sale Affordable Housing Unit or a For
Rent Affordable Housing Unit within the Project qualifying as such under Proffer 6. The cash
contributions shall be Seven Thousand Four Hundred Nineteen Dollars and Ninety One Cents
($7,419.91) for each multifamily dwelling unit, other than a constructed For Sale Affordable Housing
Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 6.
Page 3 of 8
6. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number
residential units constructed on the Property. For example, if one hundred (100) total units are
constructed in the Project, fifteen (15) units, or their equivalent, are required to satisfy this Proffer 6.
The Owner or its successors in interest reserve the right to meet the affordable housing objective
through a variety of housing types, or through cash contributions, as more particularly described in
sections 6A, 6B and 6C below.
A. For -Sale Affordable Housing Units. All purchasers of the For -Sale Affordable Housing
Units,(defined below) shall be approved by the Albemarle County Housing Office or its
designee. "For -Sale Affordable Housing Units" shall be dwelling units offered for sale
at no more than sixty five percent (659/6) of Virginia Housing and Development
Authority's CTHDA'� maximum sales price for first time home -buyer program. The
Owner shall provide the County or its designee a period of one hundred twenty (120)
days to identify and prequalify an eligible purchaser Fox -Sale Affordable housing Units.
The one hundred twenty (120) day period shall commence upon written notice from the
Owner that the unit(s) shall be available for sale. This notice shall not be given more
than ninety (90) days prior to receipt of the Certificate of Occupancy for the applicable
For -Sale Affordable Housing Unit; the County or its designee may then have thirty (30)
days within which to provide a qualified purchaser for such For -Sale Affordable
Housing Unit. If the County or its designee does not provide a qualified purchaser
during the one hundred twenty (120) day period, the Owner shall have the right to sell
the units) without any restriction on sales price or income of the purchaser(s).
B. For -Rent Affordable Housing Units.
(1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this proffer 6, ("For -Rent Affordable Housing
Unit')shall not exceed the then -current and applicable maximum net rent rate approved
by the Albemarle County Housing Office. In each subsequent calendar year, the
monthly net rent for each For -Rent Affordable Housing Unit may be increased up to
three percent (3%). For purpose of this proffer 6B, the term "net rent" means that the
rent does not include tenant -paid utilities. The requirement that the rents for such for -
rents for such For -Rent Affordable Housing Units may not exceed the maximum rents
established in this paragraph 6B shall apply for a period of ten (10) years following the
date the 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').
(2) 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 subparagraph (2). 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
Page 4 of 8
controls established by this paragraph 6B. At least thirty (30) days prior to the
conveyance of any interest in any For -Rent Affordable Housing 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 6B(2) have been satisfied.
(3) Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each
rental or lease term for each For -Rent Affordable Housing Unit, the then -current
Owner shall provide to the Albemarle County Housing Office a copy of the rental or
lease agreement for each such unit rented that shows the rental rate for such unit and
the term of the rental or lease agreement. In addition, during the Affordable Tenn, the
then -current Owner shall provide to the County, if requested, any reports, copies of
rental or lease agreements, or other data pertaining to rental rates as the County may
reasonably require.
C. Cash in lieu of Constructing Affordable Dwelling Units. In lieu of constructing For -Sale,
or For -Rent Affordable Dwelling Units for fifteen percent (159/6) of the total number of
Units, the Owner has the option to make a cash contribution to Albemarle County for the
affordable housing program in the amount of Twenty -Four Thousand and Three Hundred
Seventy Five Dollars ($24,375.00) (the "Affordable Housing Cash Proffer') for each such
unit. The total cash contribution due to Albemarle County as noted above shall be based on
the total number of affordable units built in the Project
Cost Index.
Beginning January 1 of each year following the approval of this rezoning, the amount of each cash
contribution required by Proffers 5 and 6 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')
for masonry walls in the Mid -Atlantic. 'lhe annual adjustment shall be made by multiplying the
proffered cash contribution amount due for the preceding year by a fraction, the numerator of which
shall be the MSI as of December 1 in the preceding calendar year, the denominator of which shall be
the MSI as of December I in the year preceding the calendar year most recently ended (the "Annual
Percentage Change'). By way of example, the first annual adjustment shall be Seven Thousand
Three Hundred and Thirty Three Dollars and Eighteen Cents ($7,333.18) x 2018 MSI/2017 MSI.
Each annual adjustment shall be based on the amount of the proffered cash contribution due for the
immediately preceding year based on the formula contained in this Proffer 7 (the amount derived
from such formula shall be referred to hereinafter as the "Cash Contribution Due'D, provided,
however, in no event shall the cash contribution amount paid by the Owner be less than Seven
Thousand Three Hundred and Thirty Three Dollars and Eighteen Cents ($7,333.18) per single family
detached dwelling unit and Five Thousand Four Hundred and Forty Seven Dollars and Fifty Seven
Cents ($5,447.57) per single family attached dwelling unit and Seven Thousand Four Hundred and
Nineteen Dollars and Ninety One Cents ($7,419.91) per multifamily dwelling unit under Proffer 5 or
Twenty -Four Thousand and Three Hundred Seventy Five Dollars ($24,375.00) per affordable
dwelling unit under Proffer 6 (the "Mniimum Cash Conttibution'o. The Annual Percentage Change
shall be calculated each year using the Cash Contribution Due, even though it may be less than the
Minimum Cash Contribution, HOWEVER, the amount paid by the Owner shall not be less than the
Minimum Cash Contribution. For each cash contribution that is being paid in increments, the
unpaid incremental payments shall be correspondingly adjusted each year.
Page 5 of 8
8. Credit For In -Kind Contributions.
Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash
Contributions shall not commence until the number of units, to which such Cash Contributions
apply have been completed that results in what would have been a total Cash Contribution equal to
the value of: i) Eastern Avenue, and related improvements to be completed by Owner, ii) the
Pedestrian Tunnel and iii) the Greenway Trail improvements, (collectively referred to as the "In -kind
Contribution'). The In -Kind Contribution shall be One Million Two Hundred Thousand Dollars
($1,200,000.00). The In -kind Contribution reflects the value of the improvements that the Owner
has committed to make pursuant to these proffers that are for the benefit of the public. The Owner
shall not be required to pay any per unit Cash Contributions until the time of the issuance of the
building permit for a new unit completed after applying the aforementioned credits for the In -kind
Contribution. In the event that the Project is completed prior to the balance of the Ia-kind
Contribution being exhausted, any remaining balance of the In -kind Contribution may not be applied
for any other project or development.
Page 6 of 8
The undersigned Owner(s) hereby proffer that the use and development of the Property shall be in
conformance with the proffers and conditions herein above, and these proffers shall supersede all
other proffers and conditions made prior hereto. 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 signature:
OWNERS of Tax Map Parcel 05600-00-00-057B2:
0
0
By:
Czf?qTHIA L. DAILY2DICANIIOO
Date: -� 20l /
OWNER of Tax Map Parcel 05600-00-00-057CO & 056A2-01-00-06200:
ROUTE 240 HOLDINGS, LLIIC__, a Virginia limited liability company
By: O�L S h l�
ALAN TAYLOR,
Date: Ft6 '5 2-017
Page 7 of 8
OWNER of Tax Map Parcel 056A2-01-00-06100:
ROUTE 240, LLC, a Virginia limited liability company
By:
ALAN TAYLOR, A-vTt-t� fL' 7- _+O pCtl e-P -►1
Date: T--' 6 �6 1' Z o l '1
OWNER of Tax Map Parcel 056KO-00-00-OOOOA2:
FOOTHILLS CROSSING, INC., a Virginia corporation
By. V L 061{--�—
ALAN TAYLOR,11 Aunt-ovLt'r-A oFFtc-C3Tz-
Date: Fri ?I I Zo 1-1
316570676
Page 8 of 8
ORDINANCE NO. 17-A(3)
ZMA 2016-00005 FOOTHILLS DAILY PROPERTY
AN ORDINANCE TO REZONE 32.54 ACRES FROM RI -RESIDENTIAL,
2.13 ACRES FROM R2-RESIDENTIAL, AND 3.24 ACRES FROM LI-LIGHT INDUSTRY,
TO R6-RESIDENTI4,L FOR TAX MAP PARCEL NUMBERS 05600-00-00-057CO,
05600-00-00-057B2, 056KO-00-00-OOOA2, 056A2-01-00-06200, AND 056A2-01-00-06100
WHEREAS, the application to rezone 32.54 acres from RI -Residential, 2.13 acres from R2-Residential, and
3.24 acres from LI-Light Industry, to R6-Residential for Tax Map Parcel Numbers 05600-00-00-057CO, 05600-00-00-
057132, 056KO-00-00-OOOA2, 056A2-01-00-06200, and 056A2-01-00-06100 is identified as ZMA 2016-00005
Foothills Daily Property ("ZMA 2016-05"); and
WHEREAS, staff recommended approval of ZMA 2016-05 provided that revisions were made to the proffers
and the rezoning application plan; and
WHEREAS, the Planning Commission held a duly noticed public hearing on ZMA 2016-05 on September
13, 2016, and recommended approval, conditioned on the applicant making the staff -recommended revisions, and
those revisions have since been made; and
WHEREAS, on February 1, 2017, the Albemarle County Board of Supervisors held a duly noticed public
hearing on ZMA 2016-05; and
WHEREAS, on February 8, 2017, the Albemarle County Board of Supervisors considered ZMA 2016-05 for
action that included an amendment to Proffer 8 that did not materially affect the overall proposal.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2016-05 and its attachments, including the proffers dated
January 3, 2017 and the rezoning application plan entitled "Foothills Crossing Zoning Map Amendment Application
Plan" dated February 16, 2016 and last revised on January 3, 2017, the information presented at the public hearing, the
material and relevant factors in Virginia Code § 15.2-2284, the intent of the 116-Residential district stated in County
Code § 18-16.1, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the
Board hereby approves ZMA 2016-05 with the proffers dated February 6, 2017 and the concept plan dated February
16, 2016 and last revised on January 3, 2017.
x**
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 February 8.2017.
Clerk, Board of County upervis
Aye Nay
Mr. Dill
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
Mr. Sheffield
Y