HomeMy WebLinkAboutZMA200700001 Action Letter Zoning Map Amendment 2007-09-21 .tof
COUNTY OF ALBEMARLE -
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4012
September 21, 2007
Octagon Partners
do J.P.Williamson
126 Garrett St.
Charlottesville, VA 22901
RE: ZMA#2007-00001 Hollymead Town Center Area A-2
Tax Map 32, Parcels 44 (portion), 45 (portion), and 50
Dear Mr. Williamson:
The Board of Supervisors approved your rezoning application on September 12, 2007. Your
rezoning 45 acres from RA zoning cstrict which allows agricultural, forestal, and fishery uses,
residential density (0.5 unit/acre); dhto rezone approximately .5 acres from C-1 Commercial
which allows retail sales and service uses, and residential use by special use permit (15 units/
acre); and to rezone approximately .4 acres from NMD Neighborhood Model District zoning
district which allows residential (3- 34 units/acre) mixed with commercial, service and industrial
uses; and to rezone approximately 3,000 square feet from PD-MC Planned Development Mixed
Commercial which allows large-scale commercial uses, and residential by special use permit
(15 units/acre); to NMD Neighborhood Model District zoning district which allows residential (3 -
34 units/acre) mixed with commercial, service and industrial uses. The application proposes up
to 1,222 dwelling units, a gross density of 26 units per acre, and up to 368,700 sq. ft. of non-
residential, including a hotel was approved in accordance with the Code of Development dated
September 12, 2007 and the attached proffers dated September 10, 2007. An application
plan/plan of development dated August 31, 2007 was approved as part of the rezoning. Please
refer to these documents for any future applications and requests on this property.
In addition, the Board approved your requested WAIVER requests listed below subject to the
conditions you requested:
1. SECTION 4.11.1 COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE
FEATURES
4.11.1 Covered porches, balconies, chimneys, eaves and like architectural features may
project not more than four(4) feet into any required yard; provided that no such feature
shall be located closer than six (6) feet to any lot line. (Amended 9-9-92)
The request is to allow for the following features to extend beyond the build-to
line in the front of houses up to five (5) feet with a one (1) foot minimum distance
setback from the right-of-way: porches, porch stairs, decks, balconies, bay
windows, entrance stoops, planters, chimneys, and other similar structures.
Alternate standards are contained in The Code of Development (Built Form
Standards—Lot and Building Height Regulations, Section 3,page 20).
2. SECTION 4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR
SCHEDULED USES
4.12.6 Except when alternative parking is approved as provided in section 4.12.8, the
following schedule shall apply to determine the number of required off-street parking
spaces to be provided in a particular situation. If a particular use is not scheduled, then
section 4.12.7 shall apply.
The request is to allow the application of the parking schedule for shopping
centers (200,000—600,000 sq. ft.), 4.5 spaces per 1,000 square feet gross leasable
floor area, to be the standard schedule for all non-residential square footage in the
NMD as per Table H in the Code of Development.
3. SECTION 4.12.9 STREET AND ALLEY PARKING
4.12.9 Street and alley parking may be provided as follows:
Street parking consists of parking spaces located in a public or private right-of way.Each
parking space that is in a public or private right-of-way abutting the lot shall countas a
parking space for the purpose of meeting the minimum parking space requirements in
sections 4.12.6 and 4.12.7. Each parking space shall be on a paved area abutting the
travelway, and if the parking space is in a public right-of-way it shall not be prohibited
by the Virginia Department of Transportation.
This section mandates that required on-street parking must abut the property it
serves. The waiver request of Section 4.12.9 in acc'brdance with Section 8.2 is to
allow the use of on-street parking and alley parking to support the more compact
Neighborhood Model format Waiving this section would allow for parking that
may not abut the lot toward which on-street parking counts. In a "pedestrian
friendly" community this would allow for a more compact arrangement of
buildings in any given area. The Code of Development (Parking Standards,
Section 4, page 32) illustrates an alternative standard.
4. SECTION 4.12.13 LOADING AREAS (a, c, & e)
a. Loading spaces shall be provided on the same lot with the use to which it is appurtenant
and shall be adjacent to the structure it serves.
c. Loading spaces shall be provided in addition to and exclusive of any parking
requirement on the basis of: (1) one (1) space for the first eight thousand(8,000) square
feet of retail gross leasable area, plus one (1) space for each additional twenty-thousand
(20,000) square feet of retail gross leasable area; (2) one (1) space for the first eight
thousand (8,000) square feet of office space plus one (1) space for each additional
twenty thousand (20,000) square feet of office space; or (3) one (1) space for the first
ten thousand (10,000) square feet of industrial floor area plus one (1) space for each
additional twenty thousand(20,000) square feet of industrial floor area.
e. Each site plan that depicts a commercial or industrial building of four thousand (4,000)
gross square feet or more shall provide a dumpster pad that does not impede any
required parking or loading spaces, nor any pedestrian or vehicular circulation aisles.
A waiver of this section would provide non-residential uses in a more traditional
or new urbanist development form. In the Code of Development (Section 4, page
34) illustrates an alternative standard.
5. SECTION 4.15.5.A.1: OFF-SITE SIGNS
A.1 Off-site signs may be authorized by special use permit within any zoning district
The applicant would like to allow for directory signs containing two or more
businesses off-site from the lot where the business is located but within
Hollymead Town Center. All other regulations for off-site signs shall apply to the
district The maximum size of off-site signs shall not exceed 24 square feet and
such freestanding signage shall not exceed 12 feet in height without a special use
permit. The Code of Development (Section 5, page 35) establishes an alternative
standard.
6. SECTION 4.15.5.A.3: SIGNS IN PUBLIC RIGHTS-OF-WAY.
A.3 Signs in public rights-of-way; provided: (1) the subdivision or planned development
to which the sign pertains abuts the public right-of-way; (2) the sign is either a
subdivision sign or a sign identifying a planned development authorized by sections
19.0, 20.0, 25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback
regulations, applicable to the lot with the use to which the sign pertains shall apply; and
(4) if the sign is located within an entrance corridor overlay district, a certificate of
appropriateness is issued by the architectural review board.
The Code of Development (Section 5, page 35) establishes an alternative standard
for signs to be permitted in public right of ways per County Engineer and VDOT
approval
7. SECTION 4.15.11 —SIGNAGE SETBACKS
The following regulations pertaining to the number of signs permitted per lot or
establishment, the sign area, sign height, and setback requirements shall apply to each
sign for which a sign permit is required within the Planned Unit Development (PUD) and
Neighborhood Model(NMD) zoning districts:
Sign Area Sign Sign
Sign Type Number of Signs Allowed (Maximum) Height Setback
(Maximum) (Minimum)
24 square
1 or more per establishment, as authorized
Directory by zoning administrator feet, 6 feet 5 feet
aggregated
24 square
1 per street frontage, or 2 per entrance, per feet,
lot with 100 or more feet of continuous aggregated: if
Freestanding street frontage plus 1 per lot if the lot is more than 1 12 feet 5 feet
greater than 4 acres and has more than 1 sign, no
single sign
approved entrance on its frontage shall exceed
12 square
feet
30 feet, but
not to •
24 square exceed the Not
Projecting 1 per street frontage feet top of the applicable
fascia or
mansard
12 feet, if
freestanding
sign; 20
24 square feet, if wall
Temporary 1 per street frontage per establishment feet sign, but not 5 feet
to exceed
the top of
the fascia or
mansard
1 sf per 1
linear foot of
establishment
structure 20 feet, but
frontage, not not to Same as
to exceed 32 exceed the that
Wall as calculated pursuant to section 4.15.20 sf if top of the applicable
residential fascia or to structure
wall sign, or mansard
100 sf if non
residential
wall sign
This section applies a five-foot setback from the right of way for signs. Such
restrictions may conflict with the Neighborhood Model streetscape design. In
addition, all right of ways in Area A will have a six -foot planting strip and five-foot
sidewalk and will extend at least one foot beyond the sidewalk. Therefore signage
would be at least 12 feet from any curb. As per The Code of Development(Section
5, page 35) we request that the setbacks established for signs from the right-of-
way be reduced so long as the location is approved by VDOT and the County
Engineer.
RECREATION REGULATIONS (SECTION 4.16.2 AND 4.16.3.3)
8. SECTION 4.16.2
This section applies standard regulations for recreational amenities for various
development forms and density. Due to its length, this section has not copied it into the
body of this report.
The Code of Development(Section 2, pages 15) is specific as to where, how large,
and what fixtures will be included in the amenity and open space areas. This
includes a central plaza, a linear park, a greenway, series of pocket parks, trails,
and a clubhouse with a pool. Waiving 4.16.2 eliminates any potential and
unforeseen conflicts between the minimum recreational facilities established in
this section and the standards established in the Code of Development.
9. SECTION 4.17.4.B.1 (LIGHTING) STANDARDS
4.17.4.B.1 Each parcel, except those containing only one or more single-family
detached dwellings, shall comply with the following: (Added 10-17-01)
1. The spillover of lighting from luminaries onto public roads and property in residential
or rural areas zoning districts shall not exceed one-half(1/2) foot candle. A spillover
shall be measured horizontally and vertically at the property line or edge of right-of-
way or easement, whichever is closer to the light source. (Amended 10-17-01).
The Code of Development (Section 5, page 35) establishes street lighting
standards, as well as modifications where deemed necessary. We request that
this section be waived because It does not support a more compact development
form required by the Neighborhood Model within the Hollymead Town Center.
10. SECTION 5.1.16 SWIMMING, GOLF, TENNIS CLUBS
5.1.16 Each swimming, golf or tennis club shall be subject to the following:
a. The swimming pool, including the apron, filtering and pumping equipment, and any
buildings, shall be at least seventy-five (75) feet from the nearest property line and at
least one hundred twenty-five (125) feet from any existing dwelling on an adjoining
property, except that, where the lot upon which it is located abuts land in a commercial
or industrial district, the pool may be constructed no less than twenty-five (25) feet from
the nearest property line of such land in a commercial or industrial district; b. When the
lot on which any such pool is located abuts the rear or side line of, or is across the street
from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be
erected or planted, so as to screen effectively said pool from view from the nearest
property in such residential district;
c. (Repealed 6-14-00)
d. The board of supervisors may, for the protection of the health, safety, morals and
general welfare of the community, require such additional conditions as it deems
necessary, including but not limited to provisions for additional fencing and/or planting or
other landscaping, additional setback from property lines, additional parking space,
location and arrangement of lighting, and other reasonable requirements;
e. Provision for concessions for the serving of food, refreshments or entertainment for club
members and guests may be permitted under special use permit procedures.
The required distance identified in this section for the location of neighboring lots
(75 feet) would dictate a more suburban development for the club. We request
that this section be waived because it does not support a more compact
development form required by the Neighborhood Model. The club will be located
close to neighboring residential lots as an integral neighborhood feature, however
will not be located within 125 feet of any existing property line not associated with
Area A2. Further, we would like to allow for concessions to be allowed without a
special use permit.
11. SECTION 8.5.1.D.6 APPLICATIONS AND DOCUMENTS TO BE SUBMITTED (TRIP
GENERATION FIGURES)
The applicant requests to waive this requirement. A traffic impact analysis has
been conducted as part of the Hollymead Town Center Master Plan and Places 29
traffic modeling.
12. SECTION 21.7.2 & 3 MINIMUM YARD REQUIREMENTS
21.7.2 Adjacent to residential and rural areas districts: No portion of any structure,
excluding signs, shall be located closer than fifty (50) feet to any residential or rural
areas district. (Amended 7-10-85: 7-9-92)
21.7.3 Buffer Zone adjacent to residential and rural areas districts: No construction
activity including grading or clearing of vegetation shall occur closer than twenty(20) feet
to any residential or rural areas district. Screening shall be provided as required in
section 32.7.9 (Amended 9-9-92)
A waiver of these sections is requested to address the presence of a small parcel
of land zoned RA which is part of Area B located on the west side, and abutting
Block D of Area A-2 Neighborhood Model District. It is also requested where
Blocks A-1 and B-3 abut TMP 32-51 and TMP 46-4.
13. SECTION 32.7.9.8 SCREENING
32.7.9.8 The following requirements shall apply to screening:
a. When required, screening shall consist of a planting strip, existing vegetation, a slightly
opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent.
Where only vegetative screening is provided, such screening strip shall not be less than
twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row
of evergreen trees planted fifteen (15) feet on center, or a double staggered row of
evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative
screening may be approved by the agent. Where a fence or wall is provided, it shall be a
minimum of six (6) feet in height and plantings may be required at intervals along such
fence or wall. (32.8.6.1, 7-10-85;Amended 5-1-87)
b. Screening of parking lots shall not be counted toward the interior landscaping
requirement. When screening is required along the frontage of public streets, the agent
shall determine if the street tree requirement has been met. (32.8.6.2, 7-10-85)
c. Screening shall be required in the following instances:
1. Commercial and industrial uses shall be screened from adjacent residential and
rural areas districts. (32.8.6.3.a, 7-10-85)
2. Parking lots consisting of four (4) spaces or more shall be screened from
adjacent residential and rural areas districts. (32.8.6.3.b, 7-10-85; Amended 5-1-
87)
3. Objectionable features including, but not limited to, the following uses shall be
screened from adjacent residential and rural areas districts and public streets:
- loading areas, refuse areas, storage yards, detention ponds,
recreational facilities determined to be of objectionable character by the
agent other than children's play areas where visibility is necessary or
passive recreation areas where visibility is desirable. (32.8.6.3.c.5, 7-
10-85;Amended 5-1-87)
4. Double frontage residential lots shall be screened between the rear of the
residences and the public right-of-way when deemed appropriate by the agent.
(32.8.6.3.d, 7-10-85;Amended 5-1-87)
5. The agent may require screening of any use, or portion thereof, upon
determination that the use would otherwise have a negative visual impact on a
property listed on the Virginia Historic Landmarks Register. (32.8.6.3.f, 7-10- 85;
Amended 5-1-87)
We request that screening requirements be replaced with the standards in the
Code of Development (Section 5, page 36). For all other objectionable features
internal to the site, screening will be dictated by standards established by the
developer, but not included in the Code of Development.
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 applicable PROFFERS;
• compliance with requirements of the CODE OF DEVELOPMENT;
• approval of and compliance with SITE PLAN(s); and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely,
i
V. Wayne Cilimberg
Director of Planning1111
Cc: HM Acquisition Group LLC
P 0 BOX 5548, Charlottesville, VA 22905
Tex Weaver
Chuck Proctor(VDOT)
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Proffers binder
File
Original Proffer: X
PROFFER FORM
Date: September 10,2007
ZMA#: ZMA 2007-001 Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion)
44.5 Acres to be rezoned from RA to NMI)
In conjunction with the General Development Plan entitled,"ZMA Application Plan for NMD
Portion of Hollymead Town Center Area A-2 dated March 13,2006 (revised August 31, 2007) and
Hollymead Town Center Area A-2 MA 2007-001 Rezoning Application Neighborhood Model
District and Code of Development dated September 12,2007
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion), comprising 44.5 acres
are subject to rezoning application ZMA 2007-0001 and to this Proffer Statement (the "Property").
The Property is described with more particularity on a plan entitled, ZMA Application plan for
NMD Portion of Hollymead Town Center— Area A-2, dated March 13, 2006 (revised August 31,
2007), and attached hereto as Exhibit A (the "General Development Plan"). The Owner of the
Property is HM Acquisition Group,LLC,a Virginia limited liability company(the"Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors
acts to rezone the Property to Neighborhood Model District (NMD) as requested, the Owner shall
develop the Property in accord with the following proffers pursuant to Section 15.2-2303 of the
Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the
Owner acknowledges that the conditions are reasonable. If rezoning application ZMA 2007-001 is
denied,these proffers shall immediately be null and void and of no further force and effect.
1. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent
(20%) of the total residential units constructed on the Property, in the form of for-sale
condominiums and townhouses, and for-rent condominiums,townhouses, apartments and accessory
units. At least 40% of the affordable units will be in the form of for sale condominiums and
townhouses. Each subdivision plat and site plan for land within the Property shall designate the lots
or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate
affordable units as described herein, and the aggregate number of such lots or units desigrulted for
affordable units within each subdivision plat and site plan shall constitute a minimum of twenty
percent(20%)of the lots in such subdivision plat or site plan.
The Owner may "carry-over" or "bank" credits for affordable units in the event an
individual subdivision plat or site plan designates affordable units that in the aggregate exceed the
twenty percent (20%) minimum for such subdivision plat or site plan, and such additional
affordable units may be allocated toward the twenty percent (20%) minimum on any future
subdivision plat or site plan, provided however, that the maximum number of affordable units that
may be carried over or banked shall not exceed twenty percent (20%) of the total units on any
subdivision plat or site plan.
•
•
The Owner shall convey the responsibility of initially constructing the affordable units to the
subsequent owners of lots within the Property. With the written approval of the County's
Subdivision Agent, the Owner or its successors may revise which lots and unit-types are designated
on the subdivision plat or site plan that will contain affordable units as provided under this proffer;
provided that the number of the lots so designated shall not be reduced. The actual owner at the
proposed time of construction shall offer 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 homeowners insurance (PITI) do not exceed thirty percent (30%) of
the gross household income.
A. For-Sale Affordable Units. Affordable units shall be affordable to households with
incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit
Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes,
and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit
Qualifying Income, provided, however, that in no event shall the selling price of such affordable
units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars
($190,400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority
(VHDA) maximum mortgage for first-time home buyers at the beginning of the 90-day
identification and qualification period referenced below. The Owner or his successors in interest
may at its option provide down payment assistance or soft seconds (silent second mortgages) 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. Any soft second (silent second mortgage)
executed as part of the affordable housing proffer shall be donated to the County of Albemarle (the
"County") or its designee to be used to address affordable housing. Each dwelling unit qualifying
under these parameters counts as one(1)affordable unit.
B. For-Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for-rent affordable unit shall not
exceed the then-current and applicable maximum net rent rate as published by the County Housing
Office. In each subsequent calendar year,the monthly net rent for each for-rent affordable unit may
be increased up to three percent (3%). For purposes of this proffer statement, the term "net rent"
means that the rent does not include tenant-paid utilities. The requirement that the rents for such
for-rent affordable units may not exceed the maximum rents established in this Proffer 1B 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 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 units during the Affordable Term shall contain language reciting that such unit is subject
to the terms of this Proffer 2. In addition, all contracts pertaining to a conveyance of any for-rent
affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full
disclosure of the restrictions and controls established by this Proffer 1B. At least thirty (30) days
prior to the conveyance of any interest (other than for the securing of a mortgage or deed of trust) in
2
any for-rent affordable unit during the Affordable Term, the then-current owner shall notify the
County in writing of the conveyance and provide the name, address and telephone number of the
potential grantee, and state that the requirements of this Proffer 1B(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 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 Term, 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.
2. Road Improvements. Within one (1) year after approval of this rezoning, the following
streets shall be completed:
A. Meeting Street from the intersection of Town Center Drive to the northern boundary
of Area A. Meeting Street will have two northbound and two southbound travel lanes, one
northbound and one southbound bicycle lane. Initially, one lane in each direction may be
utilized as on-street parking
B. Town Center Drive (Previously Access Road A) from the Eastern edge of the NMD
zoning boundary at the intersection of Meeting Street to its intersection with State Route
606, also known as Dickerson Road. This section of Town Center Drive shall be
constructed to accommodate two travel lanes, with a cross section approved by the county
and VDOT in a minimum 60-foot wide right-of-way.
For purposes of this Proffer 2., construction of each street shall be deemed complete when it is
ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the
state-maintained system, and the owner has obtained from the County Engineer a written
determination that the street is safe and convenient for traffic.
The road improvements listed herein shall be constructed in accordance with the NMD Code of
Development as approved as part of ZMA-07-0001, and with road plans submitted by the Owner
and approved by the Virginia Department of Transportation("VDOT").
3. Public Transit Stop Construction. The Owner shall construct two public transit stops within
Hollymead Town Center Area A-2. The location of the public transit stops shall be identified on
the approved General Development Plan and retained in the County files. The locations shall be
approved by the Director of Planning prior to approval of the first subdivision plat or site plan for
Hollymead Town Center Area A-2. Construction of the public transit stops shall occur in
conjunction with improvements for the subdivision plat or site plan or the public street plans which
include the area for the transit stops. The design of each public transit stop shall be subject to
approval by VDOT and the County Engineer, and shall include no less than 200 square feet of
paved surface and two benches.
4. Cash Proffer. Beginning with the 151st Market Rate unit, the Owner shall contribute cash on
a per dwelling unit basis for the purposes of funding Berkmar Drive Extended, other County
infrastructure, transportation, public safety, school, parks and library improvements. The cash
3
I
•
A
•
contributions shall be: $12,400 cash for each attached/townhouse/condominium dwelling unit, other
than an affordable dwelling unit ("Market Rate Unit"), and $11,900 cash for each
multifamily/apartment dwelling unit other than an affordable dwelling unit ("Market Rate Unit").
Such cash contribution shall be paid at the time of the issuance of the building permit for each new
unit.
Beginning January 1, 2008, 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 and Swift) (the "Index") or the
most applicable Marshall & Swift index determined by the County if Marshall & Swift cease
publication of the Index identified herein. 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 year preceding
the calendar year most recently ended, and the denominator of which shall be the Index as of
December 1 in the preceding calendar year. For each cash contribution that is being paid in
increments,the unpaid incremental payments shall be correspondingly adjusted each year.
5. Greenway. The Owner shall dedicate in fee simple a minimum 7.6 acre "greenway" to
Albemarle County for public use. The dedication is identified on the Application Plan as
"Greenway Area dedication to Albemarle County", and shall include a strip of land that runs along
Powell Creek with a minimum width of 50 feet on the each side of Powell Creek, subject to the
limitations of the Property boundary. The dedicated area will also include all flood plain area along
Powell Creek within the Property boundary. The Owner shall complete the improvements shown on
the General Development Plan and shall dedicate the Powell Creek Greenway to the County at the
time of the first site plan or subdivision plat approval. After it is dedicated to public use, the
Greenway Area shall continue to be included in the total area of open space and amenities within
the Property. If the Greenway is not dedicated by subdivision plat, the Owner shall be responsible
for the cost of a survey and preparing the deed to convey the Greenway to the County
6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the land
described in this Proffer 6, the Owner shall establish an approximately 10,000 square foot pocket
park(the "Pocket Park"), located on the northern edge of Block B-1 fronting Town Center Drive as
shown on the General Development Plan, and shall include all such improvements, landscaping and
other features identified in the Code of Development. The Pocket Park shall be included in the total
area of open space and amenities within the Property. The subdivision plat or site plan shall include
a note stating that the Pocket Park is reserved for future dedication to the County of Albemarle and,
upon the request of the County, the Owner shall dedicate in fee simple the Pocket Park to the
County. If the Pocket Park is not dedicated by subdivision plat, the Owner shall pay the costs of
surveying the Pocket Park, preparing one or more plats thereof and preparing and recording one or
more deeds of dedication.
7. Recycling Center or Other Community Facility. Upon the request of the County, the
Owner shall dedicate in fee simple a two (2) acre parcel of land for use by the County or its
designee as a Recycling Center, or other community facility identified in the CIP, to be located in
an area most appropriate for such use as agreed by the County and the Owner. If the land for the
Recycling Center or Community Facility is not dedicated by subdivision plat, the Owner shall pay
4
•
the costs of surveying the land,preparing one or more plats thereof and preparing and recording one
or more deeds of dedication.
8. Recreational Facilities. The Owner shall contribute $500.00 cash per residential unit, to
be paid at the time of issuance of each building permit, for the purpose of funding the expansion or
new development of regional outdoor recreational facilities as determined by the County Parks and
Recreation Department.
9. Critical Slopes,Erosion and Sediment Control and Stormwater Management.
A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located
in critical slopes governed by § 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable
as determined by the County's Program Authority, provide additional erosion and
sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
Property. (As a reference, current regulatory structural measures achieve a 60%
optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
sediment control permit, permanent vegetation shall be installed on all the denuded
areas, except for areas the Program Authority determines are otherwise permanently
stabilized or are under construction with an approved building permit. A three (3)
month extension for the installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined by
the County's Program Authority, provide additional stormwater management to
achieve a removal rate 20% better than would otherwise be required by the Water
Protection Ordinance (Albemarle County Code § 17-100 et seq.) up to a maximum of
an eighty percent(80%)removal rate for each phase.
10. LEED Standards for Core and Shell Development. The Owner shall cause the
commercial and mixed-use buildings in the Project to be designed and constructed to meet
minimum standards for certification (twenty-three (23) credit points) under LEED Green Building
Rating System for Core and Shell Development as set forth in the U.S. Green Building Rating
System,Version 2.0, July 2006. Prior to the issuance of a building permit the Owner shall submit a
certification from the LEED certified architect to the Director of Community Development that the
building plan meets LEED standards. Before the Owner requests that a certificate of occupancy for
any building for which a licensed architect rendered such a certificate,the Owner shall submit to the
County's Director of Community Development a written statement from the architect that the
building was built to the plans on which the certificate was based.
11. Phasing Plan. Prior to the issuance by the County of a building permit that would
authorize the construction of any square feet of gross floor area (aggregate) of commercial and
office gross floor area within the Property, building permits shall have been issued by the County
5
f
for at least 100 dwelling units. Prior to issuance by the County of a building permit that would
authorize the construction of more than 200,000 square feet of gross floor area (aggregate) of
commercial and office gross floor area within the Property, building permits shall have been issued
by the County for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County, the Owner shall dedicate for
public use a public right-of-way determined to be appropriate by VDOT and the County Engineer,
extending from Town Center Drive to the Property's boundary with the proposed Willow Glen
development, as shown on the General Development Plan and within Block C6 as shown on the
Block Plan (the "Willow Glen Connection"). Upon the request of the County, the Owner shall
grant all necessary drainage easements required for the Willow Glen Connection and all temporary
construction easements to appropriate parties, including the developer of the proposed Willow Glen
development, to allow the construction of the Willow Glen Connection. Approval of the County
Engineer and the Owner for the location of the connection to Willow Glen may be shifted from the
area shown in the General Development Plan to a more suitable location to both the Owner and the
County which still provides access from Willow Glen to Town Center Drive.
13. Community Development Authority. Upon the request of the County, Owner shall petition
for and consent to a Community Development Authority ("CDA") established pursuant to Section
15.2-5152, et seq. of the Code of Virginia ("Code") to be created, excluding residential property
within the Property, for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any
public improvements)Route 29, and roads and other improvements associated therewith.
WITNESS the following signature:
HM AcQUtsITTON GROUP,LLC
By: HM Capital Group, LLC,Manager
By: Octagon Partners, LLC,Authorized Agent
By: C Vv•it L-G4—^
anager
mot 'i£Wp tslidxj yp p,
nal It
COMMONWEALTH OF VIRGINIA spry woos
CITY/COUNTY OF calla r I b•N e i I/,to wit: Amor van
The foregoing instrument was acknowledged before me this °�tday of Sepf , 2007 by
Lc,r l,ca ms c-n,Manager of Octagon Partners, LLC, a Virginia limited liability company as
manager of HM Capital Group,LLC a Virginia limited liability company as manager of the Owner,
HM Acquisition Group,LLC.
My Commission expires: /0%31 /0
Notary Public
6
LOPE
Original Proffer: X
(XX�
PROFFER FORM
Date: September 10, 2007
ZMA#: ZMA 2007-001 Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion)
44.5 Acres to be rezoned from RA to NMD
In conjunction with the General Development Plan entitled,"ZMA Application Plan for NMD
Portion of Hollymea'i Town Center Area A-2 dated March 13, 2006 (revised August 31, 2007) and
Hollymead Town Center Area A-2 MA 2007-001 Rezoning Application Neighborhood Model
District and Code of Development dated September 12,2007
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion), comprising 44.5 acres
are subject to rezoning application ZMA 2007-0001 and to this Proffer Statement (the "Property").
The Property is described with more particularity on a plan entitled, ZMA Application plan for
NMD Portion of Hollymead Town Center — Area A-2, dated March 13, 2006 (revised August 31,
2007), and attached hereto as Exhibit A (the "General Development Plan"). The Owner of the
Property is HM Acquisition Group,LLC, a Virginia limited liability company (the "Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors
acts to rezone the Property to Neighborhood Model District (NMD) as requested, the Owner shall
develop the Property in accord with the following proffers pursuant to Section 15.2-2303 of the
Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the
Owner acknowledges that the conditions are reasonable. If rezoning application ZMA 2007-001 is
denied,these proffers shall immediately be null and void and of no further force and effect.
1. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent
(20%) of the total residential units constructed on the Property, in the form of for-sale
condominiums and townhouses, and for-rent condominiums,townhouses, apartments and accessory
units. At least 40% of the affordable units will be in the form of for sale condominiums and
townhouses. Each subdivision plat and site plan for land within the Property shall designate the lots
or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate
affordable units as described herein, and the aggregate number of such lots or units designated for
affordable units within each subdivision plat and site plan shall constitute a minimum of twenty
percent(20%)of the lots in such subdivision plat or site plan.
The Owner may "carry-over" or "bank" credits for affordable units in the event an
individual subdivision plat or site plan designates affordable units that in the aggregate exceed the
twenty percent (20%) minimum for such subdivision plat or site plan, and such additional
affordable units may be allocated toward the twenty percent (20%) minimum on any future
subdivision plat or site plan, provided however, that the maximum number of affordable units that
may be carried over or banked shall not exceed twenty percent (20%) of the total units on any
subdivision plat or site plan.
•
The Owner shall convey the responsibility of initially constructing the affordable units to the
subsequent owners of lots within the Property. With the written approval of the County's
Subdivision Agent, the Owner or its successors may revise which lots and unit-types are designated
on the subdivision plat or site plan that will contain affordable units as provided under this proffer;
provided that the number of the lots so designated shall not be reduced. The actual owner at the
proposed time of construction shall offer 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 homeowners insurance (PITI) do not exceed thirty percent (30%) of
the gross household income.
A. For-Sale Affordable Units. Affordable units shall be affordable to households with
incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit
Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes,
and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit
Qualifying Income, provided, however, that in no event shall the selling price of such affordable
units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars
($190,400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority
(VHDA) maximum mortgage for first-time home buyers at the beginning of the 90-day
identification and qualification period referenced below. The Owner or his successors in interest
may at its option provide down payment assistance or soft seconds (silent second mortgages) 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. Any soft second (silent second mortgage)
executed as part of the affordable housing proffer shall be donated to the County of Albemarle (the
"County") or its designee to be used to address affordable housing. Each dwelling unit qualifying
under these parameters counts as one (1) affordable unit.
B. For-Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for-rent affordable unit shall not
exceed the then-current and applicable maximum net rent rate as published by the County Housing
Office. In each subsequent calendar year,the monthly net rent for each for-rent affordable unit may
be increased up to three percent (3%). For purposes of this proffer statement, the term "net rent"
means that the rent does not include tenant-paid utilities. The requirement that the rents for such
for-rent affordable units may not exceed the maximum rents established in this Proffer IB 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 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 units during the Affordable Term shall contain language reciting that such unit is subject
to the terms of this Proffer 2. In addition, all contracts pertaining to a conveyance of any for-rent
affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full
disclosure of the restrictions and controls established by this Proffer 1B. At least thirty (30) days
prior to the conveyance of any interest (other than for the securing of a mortgage or deed of trust) in
2
any for-rent affordable unit during the Affordable Term, the then-current owner shall notify the
County in writing of the conveyance and provide the name, address and telephone number of the
potential grantee, and state that the requirements of this Proffer 1B(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 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 Term, 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.
2. Road Improvements. Within one (1) year after approval of this rezoning, the following
streets shall be completed:
A. Meeting Street from the intersection of Town Center Drive to the northern boundary
of Area A. Meeting Street will have two northbound and two southbound travel lanes, one
northbound and one southbound bicycle lane. Initially, one lane in each direction may be
utilized as on-street parking
B. Town Center Drive (Previously Access Road A) from the Eastern edge of the NMD
zoning boundary at the intersection of Meeting Street to its intersection with State Route
606, also known as Dickerson Road. This section of Town Center Drive shall be
constructed to accommodate two travel lanes, with a cross section approved by the county
and VDOT in a minimum 60-foot wide right-of-way.
For purposes of this Proffer 2., construction of each street shall be deemed complete when it is
ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the
state-maintained system, and the owner has obtained from the County Engineer a written
determination that the street is safe and convenient for traffic.
The road improvements listed herein shall be constructed in accordance with the NMD Code of
Development as approved as part of ZMA-07-0001, and with road plans submitted by the Owner
and approved by the Virginia Department of Transportation("VDOT").
3. Public Transit Stop Construction. The Owner shall construct two public transit stops within
Hollymead Town Center Area A-2. The location of the public transit stops shall be identified on
the approved General Development Plan and retained in the County files. The locations shall be
approved by the Director of Planning prior to approval of the first subdivision plat or site plan for
Hollymead Town Center Area A-2. Construction of the public transit stops shall occur in
conjunction with improvements for the subdivision plat or site plan or the public street plans which
include the area for the transit stops. The design of each public transit stop shall be subject to
approval by VDOT and the County Engineer, and shall include no less than 200 square feet of
paved surface and two benches.,
4. Cash Proffer. Beginning with the 151st Market Rate unit, the Owner shall contribute cash on
a per dwelling unit basis for the purposes of funding Berkmar Drive Extended, other County
infrastructure, transportation, public safety, school, parks and library improvements. The cash
3
contributions shall be: $12,400 cash for each attached/townhouse/condominium dwelling unit, other
than an affordable dwelling unit ("Market Rate Unit"), and $11,900 cash for each
multifamily/apartment dwelling unit other than an affordable dwelling unit ("Market Rate Unit").
Such cash contribution shall be paid at the time of the issuance of the building permit for each new
unit.
Beginning January 1, 2008, 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 and Swift) (the "Index") or the
most applicable Marshall & Swift index determined by the County if Marshall & Swift cease
publication of the Index identified herein. 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 year preceding
the calendar year most recently ended, and the denominator of which shall be the Index as of
December 1 in the preceding calendar year. For each cash contribution that is being paid in
increments,the unpaid incremental payments shall be correspondingly adjusted each year.
5. Greenway. The Owner shall dedicate in fee simple a minimum 7.6 acre "greenway" to
Albemarle County for public use. The dedication is identified on the Application Plan as
"Greenway Area dedication to Albemarle County", and shall include a strip of land that runs along
Powell Creek with a minimum width of 50 feet on the each side of Powell Creek, subject to the
limitations of the Property boundary. The dedicated area will also include all flood plain area along
Powell Creek within the Property bouncjy. The Owner shall complete the improvements shown on
the General Development Plan and shall dedicate the Powell Creek Greenway to the County at the
time of the first site plan or subdivision plat approval. After it is dedicated to public use, the
Greenway Area shall continue to be included in the total area of open space and amenities within
the Property. If the Greenway is not dedicated by subdivision plat, the Owner shall be responsible
for the cost of a survey and preparing the deed to convey the Greenway to the County
6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the land
described in this Proffer 6, the Owner shall establish an approximately 10,000 square foot pocket
park(the "Pocket Park"), located on the northern edge of Block B-1 fronting Town Center Drive as
shown on the General Development Plan, and shall include all such improvements, landscaping and
other features identified in the Code of Development. The Pocket Park shall be included in the total
area of open space and amenities within the Property. The subdivision plat or site plan shall include
a note stating that the Pocket Park is reserved for future dedication to the County of Albemarle and,
upon the request of the County, the Owner shall dedicate in fee simple the Pocket Park to the
County. If the Pocket Park is not dedicated by subdivision plat, the Owner shall pay the costs of
surveying the Pocket Park, preparing one or more plats thereof and preparing and recording one or
more deeds of dedication.
7. Recycling Center or Other Community Facility. Upon the request of the County, the
Owner shall dedicate in fee simple a two (2) acre parcel of land for use by the County or its
designee as a Recycling Center, or other community facility identified in the CIP, to be located in
an area most appropriate for such use as agreed by the County and the Owner. If the land for the
Recycling Center or Community Facility is not dedicated by subdivision plat, the Owner shall pay
4
the costs of surveying the land,preparing one or more plats thereof and preparing and recording one
or more deeds of dedication.
8. Recreational Facilities. The Owner shall contribute $500.00 cash per residential unit, to
be paid at the time of issuance of each building permit, for the purpose of funding the expansion or
new development of regional outdoor recreational facilities as determined by the County Parks and
Recreation Department.
9. Critical Slopes, Erosion and Sediment Control and Stormwater Management.
A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located
in critical slopes governed by § 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable
as determined by the County's Program Authority, provide additional erosion and
sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
Property. (As a reference, current regulatory structural measures achieve a 60%
optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
sediment control permit, permanent vegetation shall be installed on all the denuded
areas, except for areas the Program Authority determines are otherwise permanently
stabilized or are under construction with an approved building permit. A three (3)
month extension for the installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined by
the County's Program Authority, provide additional stormwater management to
achieve a removal rate 20% better than would otherwise be required by the Water
Protection Ordinance (Albemarle County Code § 17-100 et seq.) up to a maximum of
an eighty percent(80%)removal rate for each phase.
10. LEED Standards for Core and Shell Development. The Owner shall cause the
commercial and mixed-use buildings in the Project to be designed and constructed to meet
minimum standards for certification (twenty-three (23) credit points) under LEED Green Building
Rating System for Core and Shell Development as set forth in the U.S. Green Building Rating
System,Version 2.0, July 2006. Prior to the issuance of a building permit the Owner shall submit a
certification from the LEED certified architect to the Director of Community Development that the
building plan meets LEED standards. Before the Owner requests that a certificate of occupancy for
any building for which a licensed architect rendered such a certificate,the Owner shall submit to the
County's Director of Community Development a written statement from the architect that the
building was built to the plans on which the certificate was based.
11. Phasing Plan. Prior to the issuance by the County of a building permit that would
authorize the construction of any square feet of gross floor area (aggregate) of commercial and
office gross floor area within the Property, building permits shall have been issued by the County
5
for at least 100 dwelling units. Prior to issuance by the County of a building permit that would
authorize the construction of more than 200,000 square feet of gross floor area (aggregate) of
commercial and office gross floor area within the Property, building permits shall have been issued
by the County for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County, the Owner shall dedicate for
public use a public right-of-way determined to be appropriate by VDOT and the County Engineer,
extending from Town Center Drive to the Property's boundary with the proposed Willow Glen
development, as shown on the General Development Plan and within Block C6 as shown on the
Block Plan (the "Willow Glen Connection"). Upon the request of the County, the Owner shall
grant all necessary drainage easements required for the Willow Glen Connection and all temporary
construction easements to appropriate parties, including the developer of the proposed Willow Glen
development, to allow the construction of the Willow Glen Connection. Approval of the County
Engineer and the Owner for the location of the connection to Willow Glen may be shifted from the
area shown in the General Development Plan to a more suitable location to both the Owner and the
County which still provides access from Willow Glen to Town Center Drive.
13. Community Development Authority. Upon the request of the County, Owner shall petition
for and consent to a Community Development Authority ("CDA") established pursuant to Section
15.2-5152, et seq. of the Code of Virginia ("Code") to be created, excluding residential property
within the Property, for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any
public improvements)Route 29, and roads and other improvements associated therewith.
WITNESS the following signature:
HM AcQuisrrloN GROUP,LLC
By: HM Capital Group,LLC,Manager
By: Octagon Partners, LLC,Authorized Agent
By:
C. Vv.
Manager
utot 'tt iop sendK3 uonftwwoo Mi►
CUP IC
COMMONWEALTH OF VIRGINIA mulaiU m D~""Owwa3
wand Moloal
CITY/COUNTY OF aka r I e H es;;c//do wit: w►011101" '1 von
The foregoing instrument was acknowledged before me this *day of Spf , 2007 by
nl P
c.� I is, ry-s c-r,,Manager of Octagon Partners,LLC, a Virginia limited liability company as
manager of HM Capital Group, LLC a Virginia limited liability company as manager of the Owner,
HM Acquisition Group,LLC.
My Commission expires: JO-3154/
Notary Public
6
\ Ei it-181 r 1 ?5
4.
rattift OM)
+te T++1 swop pe-e.i `\
o.+.PA
v v v c� i�� \\ \\ a
v.
•
_ .
This general plan of development is subject to •\ = v. •- '� " c
the Code of Development unless
and all site plan and t c 4 • t a. � S'1 .'
subdivision re uialrons unless wavers have been Stormwoter management laciih
\ private! owned and maintained. �" _ l 4) v "1 'e2.
received.Other Ihon required elements o!the 1 p.�-.�� t
general devil p g \ '"-
reserved
Other
than plan,specific srle tannin ' • • • •' E 5 'y:1'se-a
details shorn a this plan have not been t • �� 0 v \ 1
approved by the this pl. \
lirP
\' e
r
�rs
et
Isl
----------- - a 'y✓ �� '��'.-! a
___._--- this conceptual location for the reenwo trot ^,� HI �.
9 Y •,�i Y ♦ ! at
does not meet the required standard and vat ` ` •p ��
be t the re or redesigned on find pions to r a a j���' ���� +, �!v •� - Al �6
meet the required standard. ` �,ad/
r.arr.7.7.,ra.-. w.� � �¢ , j� III
4.
I gnu , 4 l��Ili.i'lf: , V •• • •' :� •�`; 1ti' rat
•
/ b�•-�w.4....voitor------licar, - J 'v 17 .-9 gip... :,' ..s �l
1� 0 1
'�/ v ',�_ `�-• I J •lb ,' A� V.it
14 a.y.••,..............,lit ri...4;a7-.1-.1:-. .rvi•t--------__-- ':41;-z4V,N.'<Pr/ -1
04.
, 7___...$.,...
., ..,
_ _,,,
.. ,,,, _
,...... „,... ,:,....,.A
a"'A yN, - a
14wsoY Argo „�J t...p /�y _ 4.,. p 4"'rT- m uxramp PIM FCC NW y --
/ . 'tieddllibn tit Abr aM 'f.�nl • • '7e !�=.a.,e.. AIM
$.2 f o...,o,.—,
- . .- -W . . . IGLLYIiI�D fa.MmRQ-,1�di !i R
— r— • + " W`'" • •` . •fir{ `:J 6��, ��I ...ilt ".a"aa o.awaa u.e.t.coax
t;b saw was y.Virginia :r
` a..,7 _
She.,Va �-,, �� ��.,
-- . . • ./+. • W • i L 9 SITE AND LANDSCAPE PLAN lit /1 ��
+ ;. %`�: :'` i i7�i'ifiiitil�i�5��li`II. 1 A5of9 BLOCKS AND � ; `--
®A .J-
1
U EF
psi-1 410' '
��r�—�� rpo R m,....40111k
r�tirle-% A ,1111178 _4 -- 1 i -
U r it a /411111
7
-- / 2/A/1 Y .4 - k
f , -- Required by VDOT ,�
N Ho mead Dr �
Recommended by VDOT
.■�� ro osed b A scants
Altt Is)
P P Y PP
Required By VDOT, Prop/41110 osed by Applicants 1 .
_______ __ ___ \\
/4/,
1 inch equals 700 feet f
, % ;..;* N. 19r NOPNIIIII 11.1.5 1.1 \ \..U4 ;
\ lip.
4 C6
,,---\\ ,
This general plan of development is abject to
the Cade of Development and all site plan and _ i
subdivision regulations unless waivers hove been -
received.Other Ikon requied dements of the 1 general development detals shown
on this
plop,specific site planning #41-11
.,aapproved bynlhe IContyan have rat been ,, - -_- .�_.
W . -�� ..rrrrrr'
,..._______„L.
...
•
---- ).
•
�� ��� � •
blit4 i �� '! , 11\1�I 1111111"gi:p..a ll II11111111
t Ii uilgi IN�Ii ntnpir
;',i' ----_-�� b��6/, �%. r! 111 1111!!' (1111.1111: L--�
�'4 �_ -1. r Aill 1 lli,l f kb-la
• v; `_ .y- !l1111: IIIA�[�:.fir■ lAll
Li lir _----------,-_--__: ...,.. . ..—:-.. ..... — --_____ MIlkir—maiminift... ---------
41 ''II --itri:Th ) . - a =
•QµH�µ •1cr. I y� i '!
1 .rn i 1 1,,,. ,.//At.„......., ..
01 1
.,,1 f, .! ,______ii,
��� _a"sa. y�`.'!1 Tait
• t LjJ : U \
:
1. �.1 IthM 9 ':1 Ak
/, . — ..•I111'I"(W11fI11�fJ1f�J�111111111I' . euiiioia.b.M.mq Som d ion Co.Dom
UIIITR'1'1t11TIT"'1�7IItI111rIRI1R a Imerw kukrare:monowall.1.7.ee is by
r omefrom.�,"a�„�ema""Wa,aMma..ia NOT TO SCALE
'`p_ _ • liftSj '1 uw a.w.s•awoo•(�rwi .w .ria '+...�
• . Ice I fa.. .,do...ID...e.4 moms p"""•
a of NHD Farman ior.WomYi w. MA ePPIJfiTCll rum eat no room f�1., D....p.._.,
..h. WC\cer.p,.d ma e.{Noram IIa11y1QAa TO.MLa TU-�.J7
mart ee s raw from.wm.ha.du.I ro w. M alrarkl ele.a.rl.Corp,*pole \.
Sheol No: •-•." �—��Cf 9 BUILD—TO& SETBACKS _ ~
COUNTYOFALBE~E
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
September 21, 2007
Octagon Partners
c/o J.P.Williamson
126 Garrett St.
Charlottesville, VA 22901
RE: ZMA # 2007-00001 Hollymead Town Center Area A-2
Tax Map 32, Parcels 44 (portion), 45 (portion), and 50
Dear Mr. Williamson:
The Board of Supervisors approved your rezoning application on September 12, 2007. Your
rezoning 45 acres from RA zoning ~trict which allows agricultural, forestal, and fishery uses,
residential density (0.5 unit/acre); JlPfcNo rezone approximately .5 acres from C-1 Commercial
which allows retail sales and service uses, and residential use by special use permit (15 units/
acre); and to rezone approximately .4 acres from NMD Neighborhood Model District zoning
district which allows residential (3 - 34 units/acre) mixed with commercial, service and industrial
uses; and to rezone approximately 3,000 square feet from PD-MC Planned Development Mixed
Commercial which allows large-scale commercial uses, and residential by special use permit
(15 units/ acre); to NMD Neighborhood Model District zoning district which allows residential (3-
34 units/acre) mixed with commercial, service and industrial uses. The application proposes up
to 1,222 dwelling units, a gross density of 26 units per acre, and up to 368,700 sq. ft. of non-
residential, including a hotel was approved in accordance with the Code of Development dated
September 12, 2007 and the attached proffers dated September 10,2007. An application
plan/plan of development dated August 31, 2007 was approved as part of the rezoning. Please
refer to these documents for any future applications and requests on this property.
In addition, the Board approved your requested WAIVER requests listed below subject to the
conditions you requested:
1. SECTION 4.11.1 COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE
FEATURES
4.11.1 Covered porches, balconies, chimneys, eaves and like architectural features may
project not more than four (4) feet into any required yard; provided that no such feature
shall be located closer than six (6) feet to any lot line. (Amended 9-9-92)
The request is to allow for the following features to extend beyond the build-to
line in the front of houses up to five (5) feet with a one (1) foot minimum distance
setback from the right-of-way: porches, porch stairs, decks, balconies, bay
windows, entrance stoops, planters, chimneys, and other similar structures.
Alternate standards are contained in The Code of Development (Built Form
Standards - Lot and Building Height Regulations. Section 3. page 20).
2. SECTION 4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR
SCHEDULED USES
4.12.6 Except when alternative parking is approved as provided in section 4. 12.8, the
following schedule shall apply to determine the number of required off-street parking
spaces to be provided in a particular situation. If a particular use is not scheduled, then
section 4. 12.7 shall apply.
The request is to allow the application of the parking schedule for shopping
centers (200,000 - 600,000 sq. ft.), 4.5 spaces per 1,000 square feet gross leasable
floor area, to be the standard schedule for all non-residential square footage in the
NMD as per Table H in the Code of Development.
3. SECTION 4.12.9 STREET AND ALLEY PARKING
4.12.9 Street and alley parking may be provided as follows:
Street parking consists of parking spaces located in a public or private right-of way. Each
parking space that is in a public or private right-of-way abutting the lot shall countas a
parking space for the purpose of meeting the minimum parking space requirements in
sections 4.12.6 and 4.12.7. Each parking space shall be on a paved area abutting the
travelway, and if the parking space is in a public right-of-way it shall not be prohibited
by the Virginia Department of Transportation.
This section mandates that required on-street parking must abut the property it
serves. The waiver request of Section 4.12.9 in acclMdance with Section 8.2 is to
allow the use of on-street parking and alley parking to support the more compact
Neighborhood Model format Waiving this section would allow for parking that
may not abut the lot toward which on-street parking counts. In a "pedestrian
friendly" community this would allow for a more compact arrangement of
buildings in any given area. The Code of Development (Parking Standards,
Section 4, page 32) illustrates an alternative standard.
4. SECTION 4.12.13 LOADING AREAS (a, c, & e)
a. Loading spaces shall be provided on the same lot with the use to which it is appurtenant
and shall be adjacent to the structure it serves.
c. Loading spaces shall be provided in addition to and exclusive of any parking
requirement on the basis of: (1) one (1) space for the first eight thousand (8,000) square
feet of retail gross leasable area, plus one (1) space for each additional twenty-thousand
(20,000) square feet of retail gross leasable area; (2) one (1) space for the first eight
thousand (8,000) square feet of office space plus one (1) space for each additional
twenty thousand (20,000) square feet of office space; or (3) one (1) space for the first
ten thousand (10,000) square feet of industrial floor area plus one (1) space for each
additional twenty thousand (20,000) square feet of industrial floor area.
e. Each site plan that depicts a commercial or industrial building of four thousand (4,000)
gross square feet or more shall provide a dumpster pad that does not impede any
required parking or loading spaces, nor any pedestrian or vehicular circulation aisles.
A waiver of this section would provide non-residential uses in a more traditional
or new urbanist development form. In the Code of Development (Section 4, page
34) illustrates an alternative standard.
5. SECTION 4.15.5.A.1: OFF-SITE SIGNS
A. 1 Off-site signs may be authorized by special use permit within any zoning district
The applicant would like to allow for directory signs containing two or more
businesses off-site from the lot where the business is located but within
Hollymead Town Center. All other regulations for off-site signs shall apply to the
district The maximum size of off-site signs shall not exceed 24 square feet and
such freestanding signage shall not exceed 12 feet in height without a special use
permit. The Code of Development (Section 5, page 35) establishes an alternative
standard.
6. SECTION 4.15.5.A.3: SIGNS IN PUBLIC RIGHTS-OF-WAY.
A.3 Signs in public rights-of-way; provided: (1) the subdivision or planned development
to which the sign pertains abuts the public right-of-way; (2) the sign is either a
subdivision sign or a sign identifying a planned development authorized by sections
19.0, 20.0, 25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback
regulations, applicable to the lot with the use to which the sign pertains shall apply; and
(4) if the sign is located within an entrance corridor overlay district, a certificate of
appropriateness is issued by the architectural review board.
The Code of Development (Section 5, page 35) establishes an alternative standard
for signs to be permitted in public right of ways per County Engineer and VDOT
approval
7. SECTION 4.15.11 - SIGNAGE SETBACKS
The following regulations pertaining to the number of signs permitted per lot or
establishment, the sign area, sign height, and setback requirements shall apply to each
sign for which a sign permit is required within the Planned Unit Development (PUD) and
Neighborhood Model (NMD) zoning districts:
Sign Area Sign Sign
Sign Type Number of Signs Allowed (Maximum) Height Setback
(Maximum) (Minimum)
1 or more per establishment, as authorized 24 square
Directory by zoning administrator feet, 6 feet 5 feet
aggregated
24 square
1 per street frontage, or 2 per entrance, per feet,
lot with 100 or more feet of continuous aggregated: if
Freestanding street frontage plus 1 per lot if the lot is more than 1 12 feet 5 feet
greater than 4 acres and has more than 1 sign, no
approved entrance on its frontage single sign
shall exceed
12 square
feet
30 feet, but
not to
Projecting 1 per street frontage 24 square exceed the Not
feet top of the applicable
fascia or
mansard
12 feet, if
freestanding
sign; 20
24 square feet, if wall
Temporary 1 per street frontage per establishment feet sign, but not 5 feet
to exceed
the top of
the fascia or
mansard
1 sf per 1
linear foot of
establishment
structure 20 feet, but
frontage, not not to Same as
Wall as calculated pursuant to section 4.15.20 to exceed 32 exceed the that
sf if top of the applicable
residential fascia or to structure
wall sign, or mansard
100 sf if non
residential
wall sign
This section applies a five-foot setback from the right of way for signs. Such
restrictions may conflict with the Neighborhood Model streetscape design. In
addition, all right of ways in Area A will have a six -foot planting strip and five-foot
sidewalk and will extend at least one foot beyond the sidewalk. Therefore signage
would be at least 12 feet from any curb. As per The Code of Development (Section
5, page 35) we request that the setbacks established for signs from the right-of-
way be reduced so long as the location is approved by VDOT and the County
Engineer.
RECREATION REGULATIONS (SECTION 4.16.2 AND 4.16.3.3)
8. SECTION 4.16.2
This section applies standard regulations for recreational amenities for various
development forms and density. Due to its length, this section has not copied it into the
body of this report.
The Code of Development (Section 2, pages 15) is specific as to where, how large,
and what fixtures will be included in the amenity and open space areas. This
includes a central plaza, a linear park, a greenway, series of pocket parks, trails,
and a clubhouse with a pool. Waiving 4.16.2 eliminates any potential and
unforeseen conflicts between the minimum recreational facilities established in
this section and the standards established in the Code of Development.
9. SECTION 4.17.4.B.1 (LIGHTING) STANDARDS
4.17.4.8.1 Each parcel, except those containing only one or more single-family
detached dwellings, shall comply with the following: (Added 10-17-01)
1. The spillover of lighting from luminaries onto public roads and property in residential
or rural areas zoning districts shall not exceed one-half (1/2) foot candle. A spillover
shall be measured horizontally and vertically at the property line or edge of right-of-
way or easement, whichever is closer to the light source. (Amended 10-17-01).
The Code of Development (Section 5, page 35) establishes street lighting
standards, as well as modifications where deemed necessary. We request that
this section be waived because it does not support a more compact development
form required by the Neighborhood Model within the Hollymead Town Center.
10. SECTION 5.1.16 SWIMMING, GOLF, TENNIS CLUBS
5. 1. 16 Each swimming, golf or tennis club shall be subject to the following:
a. The swimming pool, including the apron, filtering and pumping equipment, and any
buildings, shall be at least seventy-five (75) feet from the nearest property line and at
least one hundred twenty-five (125) feet from any existing dwelling on an adjoining
property, except that, where the lot upon which it is located abuts land in a commercial
or industrial district, the pool may be constructed no less than twenty-five (25) feet from
the nearest property line of such land in a commercial or industrial district; b. When the
lot on which any such pool is located abuts the rear or side line of, or is across the street
from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be
erected or planted, so as to screen effectively said pool from view from the nearest
property in such residential district;
c. (Repealed 6-14-00)
d. The board of supervisors may, for the protection of the health, safety, morals and
general welfare of the community, require such additional conditions as it deems
necessary, including but not limited to provisions for additional fencing and/or planting or
other landscaping, additional setback from property lines, additional parking space,
location and arrangement of lighting, and other reasonable requirements;
e. Provision for concessions for the serving of food, refreshments or entertainment for club
members and guests may be permitted under special use permit procedures.
The required distance identified in this section for the location of neighboring lots
(75 feet) would dictate a more suburban development for the club. We request
that this section be waived because it does not support a more compact
development form required by the Neighborhood Model. The club will be located
close to neighboring residential lots as an integral neighborhood feature, however
will not be located within 125 feet of any existing property line not associated with
Area A2. Further, we would like to allow for concessions to be allowed without a
special use permit
11. SECTION 8.5.1.D.6 APPLICATIONS AND DOCUMENTS TO BE SUBMITTED (TRIP
GENERATION FIGURES)
The applicant requests to waive this requirement. A traffic impact analysis has
been conducted as part of the Hollymead Town Center Master Plan and Places 29
traffic modeling.
12. SECTION 21.7.2 & 3 MINIMUM YARD REQUIREMENTS
21.7.2 Adjacent to residential and rural areas districts: No portion of any structure,
excluding signs, shall be located closer than fifty (50) feet to any residential or rural
areas district. (Amended 7-10-85: 7-9-92)
21.7.3 Buffer Zone adjacent to residential and rural areas districts: No construction
activity including grading or clearing of vegetation shall occur closer than twenty (20) feet
to any residential or rural areas district. Screening shall be provided as required in
section 32.7.9 (Amended 9-9-92)
A waiver of these sections is requested to address the presence of a small parcel
of land zoned RA which is part of Area B located on the west side, and abutting
Block D of Area A-2 Neighborhood Model District. It is also requested where
Blocks A-1 and B-3 abut TMP 32-51 and TMP 46-4.
13. SECTION 32.7.9.8 SCREENING
32.7.9.8 The following requirements shall apply to screening:
a. When required, screening shall consist of a planting strip, existing vegetation, a slightly
opaque wall or fence, or combination thereof, to the reasonable satisfaction of the agent.
Where only vegetative screening is provided, such screening strip shall not be less than
twenty (20) feet in depth. Vegetative screening shall consist of a double staggered row
of evergreen trees planted fifteen (15) feet on center, or a double staggered row of
evergreen shrubs planted ten (10) feet on center. Alternate methods of vegetative
screening may be approved by the agent. Where a fence or wall is provided, it shall be a
minimum of six (6) feet in height and plantings may be required at intervals along such
fence or wall. (32.8.6.1, 7-10-85; Amended 5-1-87)
b. Screening of parking lots shall not be counted toward the interior landscaping
requirement. When screening is required along the frontage of public streets, the agent
shall determine if the street tree requirement has been met. (32.8.6.2, 7-10-85)
c. Screening shall be required in the following instances:
1. Commercial and industrial uses shall be screened from adjacent residential and
rural areas districts. (32.8.6.3.a, 7-10-85)
2. Parking lots consisting of four (4) spaces or more shall be screened from
adjacent residential and rural areas districts. (32.8.6.3.b, 7-10-85; Amended 5-1-
87)
3. Objectionable features including, but not limited to, the following uses shall be
screened from adjacent residential and rural areas districts and public streets:
- loading areas, refuse areas, storage yards, detention ponds,
recreational facilities determined to be of objectionable character by the
agent other than children's play areas where visibility is necessary or
passive recreation areas where visibility is desirable. (32.8. 6.3. c. 5, 7-
10-85; Amended 5-1-87)
4. Double frontage residential lots shall be screened. between the rear of the
residences and the public right-of-way when deemed appropriate by the agent.
(32. 8. 6. 3. d, 7-10-85; Amended 5-1-87)
5. The agent may require screening of any use, or portion thereof, upon
determination that the use would otherwise have a negative visual impact on a
property listed on the Virginia Historic Landmarks Register. (32.8.6.3.f, 7-10- 85;
Amended 5-1-87)
We request that screening requirements be replaced with the standards in the
Code of Development (Section 5, page 36). For all other objectionable features
internal to the site, screening will be dictated by standards established by the
developer, but not included in the Code of Development.
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 applicable PROFFERS;
· compliance with requirements of the CODE OF DEVELOPMENT;
· approval of and compliance with SITE PLAN(s); and
· approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
j~~(fLL
V. Wayne Cilimberg /\
Director of Planning U
Cc: HM Acquisition Group LLC
POBOX 5548, Charlottesville, VA 22905
T ex Weaver
Chuck Proctor (VDOT)
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
Proffers binder
File
l....o iLl
Original Proffer: X
PROFFER FORM
Date: September 10, 2007
ZMA #: ZMA 2007-001 Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion)
44.5 Acres to be rezoned from RA to NMD
In conjunction with the General Development Plan entitled, "ZMA Application Plan for NMD
Portion ofHollymead Town Center Area A-2 dated March 13,2006 (revised August 31,2007) and
Hollymead Town Center Area A-2 MA 2007-001 Rezoning Application Neighborhood Model
District and Code of Development dated September 12,2007
Tax Map Parcel Numbers: 32-50, 32-45, 32-46 and 32-44 (portion), comprising 44.5 acres
are subject to rezoning application ZMA 2007-0001 and to this Proffer Statement (the "Property").
The Property is described with more particularity on a plan entitled, ZMA Application plan for
NlVID Portion of Hollymead Town Center - Area A-2, dated March 13,2006 (revised August 31,
2007), and attached hereto as Exhibit A (the "General Development Plan"). The Owner of the
Property is HM Acquisition Group, LLC, a Virginia limited liability company (the "Owner").
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors
acts to rezone the Property to Neighborhood Model District (NMD) as requested, the Owner shall
develop the Property in accord with the following proffers pursuant to Section 15.2-2303 of the
Code of Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning
Ordinance. These conditions are voluntarily proffered as part of the requested rezoning, and the
Owner acknowledges that the conditions are reasonable. If rezoning application ZMA 2007-001 is
denied, these proffers shall immediately be null and void and of no further force and effect.
1. Affordable Housin2. The Owner shall provide affordable housing equal to twenty percent
(20%) of the total residential units constructed on the Property, in the form of for-sale
condominiums and townhouses, and for-rent condominiums, townhouses, apartments and accessory
units. At least 40% of the affordable units will be in the form of for sale condominiums and
townhouses. Each subdivision plat and site plan for land within the Property shall designate the lots
or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate
affordable units. as described herein, and the aggregate number of such lots or units designated for
affordable units within each subdivision plat and site plan shall constitute a minimum of twenty
percent (20%) of the lots in such subdivision plat or site plan.
The Owner may "carry-over" or "bank" credits for affordable units in the event an
individual subdivision plat or site plan designates affordable units that in the aggregate exceed the
twenty percent (20%) minimum for such subdivision plat or site plan, and such additional
affordable units may be allocated toward the twenty percent (20%) minimum on any future
subdivision plat or site plan, provided however, that the maximum number of affordable units that
may be carried over or banked shall not exceed twenty percent (20%) of the total units on any
subdivision plat or site plan.
The Owner shall convey the responsibility of initially constructing the affordable units to the
subsequent owners of lots within the Property. With the written approval of the County's
Subdivision Agent, the Owner or its successors may revise which lots and unit-types are designated
on the subdivision plat or site plan that will contain affordable units as provided under this proffer;
provided that the number of the lots so designated shall not be reduced. The actual owner at the
proposed time of construction shall offer 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 homeowners insurance (PITI) do not exceed thirty percent (30%) of
the gross household income.
A. For-Sale Affordable Units. Affordable units shall be affordable to households with
incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit
Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes,
and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit
Qualifying Income, provided, however, that in no event shall the selling price of such affordable
units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars
($190,400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority
(VHDA) maximum mortgage for first-time home buyers at the beginning of the 90-day
identification and qualification period referenced below. The Owner or his successors in interest
may at its option provide down payment assistance or soft seconds (silent second mortgages) 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 fmancial programs or instruments described above
must be acceptable to the primary mortgage lender. Any soft second (silent second mortgage)
executed as part of the affordable housing proffer shall be donated to the County of Albemarle (the
"County") or its designee to be used to address affordable housing. Each dwelling unit qualifying
under these parameters counts as one (1) affordable unit.
B. For-Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for-rent affordable unit shall not
exceed the then-current and applicable maximum net rent rate as published by the County Housing
Office. In each subsequent calendar year, the monthly net rent for each for-rent affordable unit may
be increased up to three percent (3%). For purposes of this proffer statement, the term "net rent"
means that the rent does not include tenant-paid utilities. The requirement that the rents for such
for-rent affordable units may not exceed the maximum rents established in this Proffer lB 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 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 units during the Affordable Term shall contain language reciting that such unit is subject
to the terms of this Proffer 2. In addition, all contracts pertaining to a conveyance of any for-rent
affordable unit, or any part thereof, during the Affordable Term shall contain a complete and full
disclosure of the restrictions and controls established by this Proffer lB. At least thirty (30) days
prior to the conveyance of any interest (other than for the securing of a mortgage or deed of trust) in
2
any for-rent affordable unit during the Affordable Term, the then-current owner shall notify the
County in writing of the conveyance and provide the name, address and telephone number of the
potential grantee, and state that the requirements of this Proffer 1B(2) have been satisfied.
(3). Reportine: Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each for-rent affordable 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 Term, 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.
2. Road Improvements. Within one (1) year after approval of this rezoning, the following
streets shall be completed:
A. Meeting Street from the intersection of Town Center Drive to the northern boundary
of Area A. Meeting Street will have. two northbound and two southbound travel lanes, one
northbound and one southbound bicycle lane. Initially, one lane in each direction may be
utilized as on-street parking
B. Town Center Drive (previously Access Road A) from the Eastern edge of the NMD
zoning boundary at the intersection of Meeting Street to its intersection with State Route
606, also known as Dickerson Road. This section of Town Center Drive shall be
constructed to accommodate two travel lanes, with a cross section approved by the county
and VDOT in a minimum 60-foot wide right-of-way.
For purposes of this Proffer 2., construction of each street shall be deemed complete when it is
ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the
state-maintained system, and the owner has obtained from the County Engineer a written
determination that the street is safe and convenient for traffic.
The road improvements listed herein shall be constructed in accordance with the NMD Code of
Development as approved as part of ZMA-07-0001, and with road plans submitted by the Owner
and approved by the Virginia Department of Transportation ("VDOT").
3. Public Transit Stop Construction. The Owner shall construct two public transit stops within
Hollymead Town Center Area A-2. The location of the public transit stops shall be identified on
the approved General Development Plan and retained in the County files. The locations shall be
approved by the Director of Planning prior to approval of the first subdivision plat or site plan for
Hollymead Town Center Area A-2. Construction of the public transit stops shall occur in
conjunction with improvements for the subdivision plat or site plan or the public street plans which
include the area for the transit stops. The design of each public transit stop shall be subject to
approval by VDOT and the County Engineer, and shall include no less than 200 square feet of'
paved surface and two benches..
4. Cash Proffer. Beginning with the 151st Market Rate unit, the Owner shall contribute cash on
a per dwelling unit basis for the purposes of funding Berkmar Drive Extended, other County
infrastructure, transportation, public safety, school, parks and library improvements. The cash
3
.
contributions shall be: $12,400 cash for each attached/townhouse/condominium dwelling unit, other
than an affordable dwelling unit ("Market Rate Unit"), and $11,900 cash for each
multifamily/apartment dwelling unit other than an affordable dwelling unit ("Market Rate Unit").
Such cash contribution shall be paid at the time of the issuance of the building permit for each new
unit.
Beginning January 1,2008, 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 (alk/a Marshall and Swift) (the "Index") or the
most applicable Marshall & Swift index determined by the County if Marshall & Swift cease
publication of the Index identified herein. 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 I in the year preceding
the calendar year most recently ended, and the denominator of which shall be the Index as of
December 1 in the preceding calendar year. For each cash contribution that is being paid in
increments, the unpaid incremental payments shall be correspondingly adjusted each year.
5. Greenwav. The Owner shall dedicate in fee simple a minimum 7.6 acre "greenway" to
Albemarle County for public use. The dedication is identified on the Application Plan as
"Greenway Area dedication to Albemarle County", and shall include a strip of land that runs along
Powell Creek with a minimum width of 50 feet on the each side of Powell Creek, subject to the
limitations of the Property boundary. The dedicated area will also include all flood plain area along
Powell Creek within the Property boundary. The Owner shall complete the improvements shown on
the General Development Plan and shall dedicate the Powell Creek Greenway to the County at the
time of the first site plan or subdivision plat approval. After it is dedicated to public use, the
Greenway Area shall continue to be included in the total area of open space and amenities within
the Property. If the Greenway is not dedicated by subdivision plat, the Owner shall be responsible
for the cost of a survey and preparing the deed to convey the Greenway to the County
6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the land
described in this Proffer 6, the Owner shall establish an approximately 10,000 square foot pocket
park (the "Pocket Park"), located on the northern edge of Block B-1 fronting Town Center Drive as
shown on the General Development Plan, and shall include all such improvements, landscaping and
other features identified in the Code of Development. The Pocket Park shall be included in the total
area of open space and amenities within the Property. The subdivision plat or site plan shall include
a note stating that the Pocket Park is reserved for future dedication to the County of Albemarle and,
upon the request of the County, the Owner shall dedicate in fee simple the Pocket Park to the
County. If the Pocket Park is not dedicated by subdivision plat, the Owner shall pay the costs of
surveying the Pocket Park, preparing one or more plats thereof and preparing and recording one or
more deeds of dedication.
7. Recvcline: Center or Other Community Facilitv. Upon the request of the County, the
Owner shall dedicate in fee simple a two (2) acre parcel of land for use by the County or its
designee as a Recycling Center, or other community facility identified in the CIP, to be located in
an area most appropriate for such use as agreed by the County and the Owner. If the land for the
Recycling Center or Community Facility is not dedicated by subdivision plat, the Owner shall pay
4
the costs of surveying the land, preparing one or more plats thereof and preparing and recording one
or more deeds of dedication.
8. Recreational Facilities. The Owner shall contribute $500.00 cash per residential unit, to
be paid at the time of issuance of each building permit, for the purpose of funding the expansion or
new development of regional outdoor recreational facilities as determined by the County Parks and
Recreation Department.
9. Critical Slones. Erosion and Sediment Control and Stormwater Manaf!ement.
A. Critical Slopes. The Owner shall apply for critical slope waivers for any roads located
in critical slopes governed by S 18-4.2 et seq. of the Albemarle County Code.
B. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable
as determined by the County's Program Authority, provide additional erosion and
sediment controls to achieve a sediment removal rate of eighty percent (80%) for the
Property. (As a reference, current regulatory structural measures achieve a 60%
optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
sediment control permit, permanent vegetation shall be installed on all the denuded
areas, except for areas the Program Authority determines are otherwise permanently
stabilized or are under construction with an approved building permit. A three (3)
month extension for the installation of permanent vegetation may be granted by the
Program Authority due to special circumstances including but not limited to weather
conditions.
D. Stormwater. The Owner shall, to the maximum extent practicable as determined by
the County's Program Authority, provide additional stormwater management to
achieve a removal rate 20% better than would otherwise be required by the Water
Protection Ordinance (Albemarle County Code S 17-100 et seq.) up to a maximum of
an eighty percent (80%) removal rate for each phase.
10. LEED Standards for Core and Shell Develonment. The Owner shall cause the
commercial and mixed-use buildings in the Project to be designed and constructed to meet
minimum standards for certification (twenty-three (23) credit points) under LEED Green Building
Rating System for Core and Shell Development as set forth in the U.S. Green Building Rating
System, Version 2.0, July 2006. Prior to the issuance of a building permit the Owner shall submit a
certification from the LEED certified architect to the Director of Community Development that the
building plan meets LEED standards. Before the Owner requests that a certificate of occupancy for
any building for which a licensed architect rendered such a certificate, the Owner shall submit to the
County's Director of Community Development a written statement from the architect that thetbuilding was built to the plans on which the certificate was based.
11. Phasin2 Plan. Prior to the issuance by the County of a building permit that would
authorize the construction of any square feet of gross floor area (aggregate) of commercial and
office gross floor area within the Property, building permits shall have been issued by the County
5
,
for at least 100 dwelling units. Prior to issuance by the County of a building permit that would
authorize the construction of more than 200,000 square feet of gross floor area (aggregate) of
commercial and office gross floor area within the Property, building permits shall have been issued
by the County for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County, the Owner shall dedicate for
public use a public right-of-way determined to be appropriate by VDOT and the County Engineer,
extending from Town Center Drive to the Property's boundary with the proposed Willow Glen
development, as shown on the General Development Plan and within Block C6 as shown on the
Block Plan (the "Willow Glen Connection"). Upon the request of the County, the Owner shall
grant all necessary drainage easements required for the Willow Glen Connection and all temporary
construction easements to appropriate parties, including the developer of the proposed Willow Glen
development, to allow the construction of the Willow Glen Connection. Approval of the County
Engineer and the Owner for the location of the connection to Willow Glen may be shifted from the
area shown in the General Development Plan to a more suitable location to both the Owner and the
County which still provides access from Willow Glen to Town Center Drive.
13. Communitv DeveloDment Authoritv. Upon the request of the County, Owner shall petition
for and consent to a Community Development Authority ("CDA") established pursuant to Section
15.2-5152, et seq. of the Code of Virginia ("Code") to be created, excluding residential property
within the Property, for the purpose of financing, funding, planning, establishing, constructing,
reconstructing, enlarging, extending, or maintaining (except to the extent VDOT maintains any
public improvements) Route 29, and roads and other improvements associated therewith.
WITNESS the following signature:
HM ACQUISITION GROUP, LLC
By: HM Capital Group, LLC, Manager
By: Octagon Partners, LLC, Authorized Agent
By: -J.f!. 'w.l LI'--- - ~
anager
o lor 'I t ':>>() -'dxJ UOlltlWWO:> Aw
. renle ·
COMMONWEALTH OF VIRGINIA ~ 10 ,"IDMuowwo~
I 1-1 . "/. . ~ 0fIQn4 AlDtOtlI
CITY/COUNTY OF <2hC\r- (;)' esv./et.o Wit: IM1IOr ., wn
- -........ -
_ ~ The foregoing instrument was acknowledged before me thisj~t~y of ~pf- ,2007 by --
..... ~,' N,t'rYls CT'\, Manager of Octagon Partners, LLC, a Virginia limited liability company as
manager ofHM Capital Group, LLC a Virginia limited liability company as manager of the Owner,
HM Acquisition Group, LLC.
-
My Commission expires: JO ~ 3 J ~ J 0
:j(~
Notary Public
6