HomeMy WebLinkAboutZMA201600013 Staff Report 2023-02-01COUNTY OF ALBEMARLE
MEMO TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZMA201600013 Willow Glen Proffer
Amendment
SU BJ ECTlPROPOSAL/R EQU EST:
Request to amend proffers for ZMA2016-13
on property zoned Planned Residential
Development (PRD) to reduce cash proffer
amounts and receive "by -right" credit
SCHOOL DISTRICT:
Elementary: Baker -Butler; Middle: Sutherland;
High: Albemarle
AGENDA DATE:
June 19, 2019
STAFF CONTACT(S):
Walker, Herrick, Graham, Benish,
Falkenstein
PRESENTER (S):
Rachel Falkenstein
BACKGROUND:
At its meeting on May 14, 2019, the Planning Commission voted 5:0 (Dotson and Bivins absent) to
recommend denial of the proposed amendments to: Section 2(Axi), 2(A)(ii), and 2(B) of the proffer
statement and to recommended approval of all other proposed amendments to the proffer statement in
ZMA201600013 (Attachment D).
DISCUSSION:
In 2007 the subject property was rezoned from RA to PRD (ZMA2006-19). At the time of the original
rezoning the applicant proffered cash proffers for the residential units in the following amounts: $17,500
for each single family detached unit and $11,900 for each single family attached or townhouse unit. With
the pending proposed amendment, the applicant requests a change in the cash proffer amounts as
follows: $4,918 for each single family detached unit and $3,845 for each single family attached or
townhouse unit. The applicant is also requesting the "by -right" credit for this development for 10 units that
could have been built on this property by -right under the previous RA zoning. Were the Board to approve
this request, the cash proffers and 15% affordable units requirement would kick in after the 10th dwelling
unit were constructed for this property.
The Planning Commision recommended denial of the proposed reduction in cash proffer amounts, but
recommended approval of the request to receive "by -right" credit for the 10 units.
RECOMMENDATIONS:
Staff recommends that the Board not accept the requested amendments to sections 2(A)(i), 2(A)(ii), and
2(13) of the proffer statement for ZMA201600013 and accept all other poposed amendments to the proffer
statement for ZMA201600013 as to Parcels 32-49F, 32-491, and 32-49J (Attachment A).
If the Board reaches a consensus to follow staff's recommendation, staff recommends that any action be
deferred to allow the applicant to submit a revised signed proffer statement consistent with the Board's
consensus. Ordinarily, further revisions to proffers after the public hearing begins requires another public
hearing. However, given that the recommended revisions do not affect use or density, Virginia Code
§ 15.2-2302(B) and (E) authorize the Board to accept further amendments to the proffer statement, and to
adopt the corresponding ordinance, without a public hearing if it first waives that requirement and the
requirement to provide written notice.
ATTACHMENTS:
A — Planning Commission staff report 5/19/2019
Al — Location map
A2—Approved application plan
A3 — Reclined proffer statement
A4 — Applicant narrative
A5 — by -right exhibit
B — Planning Commission action letter 5/19/2019
C — Planning Commission meeting minutes 5/19/2019
D — Signed Proffer Statement dated September 17, 2018
E — Ordinance to not accept portions of and to approve portions of ZMA201600013
ORDINANCE NO. 19-A( )
ZMA 2016-00013
AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP PARCELS
03200-00-00-049F0,03200-00-00-04910, AND 03200-00-00-049JO
WHEREAS, the application to amend the zoning map for Tax Map Parcels 03200-00-00-049170, 03200-00-
00-04910, and 03200-00-00-049Jo is identified as ZMA 2016-00013, Willow Glen Proffer Amendment ("ZMA 2016-
00013"); and
WHEREAS, ZMA 2016-00013 proposes to revise the proffers that were previously approved with ZMA
2006-00019;and
WHEREAS, on May 14, 2019, after a duly noticed public hearing, the Planning Commission recommended
denial of the proposed amendments to Sections 2(A)(i), 2(A)(ii), and 2(B), and approval of the remaining proposed
amendments as shown on the redline version of the Amended Willow Glen proffers dated September 17, 2018; and
WHEREAS, on July 3, 2019, the Albemarle County Board of Supervisors held a duly noticed public hearing
on ZMA 2016-00013,
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the transmittal summary and staff report prepared for ZMA 2016-00013 and their attachments,
including the proffers, the information presented at the public hearing, the material and relevant factors in Virginia
Code § 15.2-2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices,
the Board hereby does not accept the proposed amendments to Sections 2(A)(i), 2(A)(ii), and 2(B), and accepts the
remaining proposed amendments, as shown on the redline version of the Amended Willow Glen proffers dated
September 17, 2018.
BE IT FURTHER ORDAINED that the Board bereby approves ZMA 2016-00013 with the further
Amended Willow Glen proffers dated July _, 2019,
tr.
I, Claudette IC Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as recorded below,
at a regular meeting held on
Clerk, Board of County Supervisors
Aye hLay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: ZMA201600013 Willow Glen Proffer
Staff: Rachel Falkenstein
Amendment
Planning Commission Public Hearing: May 14,
Board of Supervisors Public Hearing: July 19, 2019
2019
Owner: Dickerson Ridge LLC
Applicant: Valerie Lon
Acreage: Approximately 19.27 acres
Rezone from: No change in zoning proposed.
Applicant proposes to reduce cash proffer amounts
approved with ZMA2006-19
TMP: 03200-00-00-049F0, 03200-00-00-04910,
By -right use: PRD with up to 234 dwelling units;
03200-00-00-049JO
recently reduced via variation to 141 dwellings units
Magisterial District: Jack Jouett
Proffers: Yes
Proposal: Request to reduce cash proffer amounts
Requested # of Dwelling Units: no change;
as follows, single family detached: $4,918; single
Maximum of 141 units allowed per previous ZMA and
family attached: $3,845
variation.
DA (Development Area): Southern and Western
Comp. Plan Designation: Urban Density Residential
Neighborhoods.
— residential (6.01 — 34 units/ acre); supporting uses
such as religious institutions, schools, commercial,
office and service uses in the Hollymead area of the
Places29 Master Plan.
Character of Property: The property is currently
Use of Surrounding Properties: The airport is across
wooded and undeveloped. Some clearing has
Dickerson Road; all other adjacent uses are
occurred for utility work for the first phase of Willow
residential.
Glen, which contains 32 completed units, and four
more lots to be developed in phase 1.
Factors Favorable:
Factors Unfavorable:
1. Providing `by -right" credit for the units that could
1. The cash proffers made by the applicant and
have been constructed on this property before
accepted by the Board in 2007 when the
the 2007 rezoning is consistent with several
property was originally rezoned were
recently approved rezoning requests.
consistent with the cash proffer policy at the
time and were a reasonable condition intended
to address the impacts from the rezoning.
2. Approval of the requested reduction in cash
proffers would be inconsistent with previous
Board actions for similar requests.
RECOMMENDATION:
Based on previous Board actions for similar requests, staff cannot support this request to reduce the approved
cash proffer amounts; however, staff does support providing the credit for 10 by -right units that could have
been built prior to the original rezoning.
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Jl Planning Commission May 14, 2019
Page l
STAFF PERSON: Rachel Falkenstein
PLANNING COMMISSION: May 14, 2019
BOARD OF SUPERVISORS June 19, 2019
ZMA201600019 Willow Glen Proffer Amendment
PETITION
PROJECT: ZMA201600013 Willow Glen Proffer Amendment
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 03200-00-00-049F0, 03200-00-00-04910, 03200-00-00-049JO
LOCATION: Approximately 2,000 feet south of the intersection of Airport Road and Dickerson
Road.
PROPOSAL: Reduce the currently approved cash proffer amount of $17,500 per single-family
detached dwelling to the cash proffer amount recommended by the Fiscal Impact Advisory
Committee of $4,918 per single-family detached dwelling. Reduce the currently approved cash
proffer amount of $11,900 per single-family attached dwelling to the cash proffer amount
recommended by the Fiscal Impact Advisory Committee of $3,845 per single-family attached
dwelling. Receive by -right credit for 10 units.
PETITION: Request to amend proffers on property zoned PRD which allows a variety of
development for residential purposes and ancillary uses. No new dwellings proposed.
OVERYLAYS: Airport Impact Area, Steep Slopes (Managed)
PROFFERS: Yes
COMPREHENSIVE PLAN: Urban Density Residential — residential (6.01 — 34 units/ acre);
supporting uses such as religious institutions, schools, commercial, office and service uses in
the Hollymead area of the Places29 Master Plan.
CHARACTER OF THE AREA
The site is located on Dickerson Road, across from the Charlottesville -Albemarle Regional
Airport. Properties to the north, east, and south are residential. The first phase of Willow Glen
has been mostly completed and has its entrance off of Towncenter Boulevard. Phase 1 contains
32 units, and 4 additional lots which have yet to be developed. The remainder of the property is
currently undeveloped and mostly wooded, except for some clearing that has been done for
utility work for Phase 1 (Attachment 1).
SPECIFICS OF THE PROPOSAL
In 2007 these parcels were rezoned from RA to PRD (ZMA2006-19) allowing for a maximum of
234 attached, detached, and multi -family residential units. In January of this year a special
exception was approved to allow a variation to the previously approved rezoning reducing the
overall density to 141 maximum units (Attachment 2). At the time original rezoning the applicant
proffered cash proffers for the residential units in the following amounts:
$17,500 for each single family detached unit
$11,900 for each single family attached or townhouse unit
The applicant requests a change in the cash proffer amounts as follows:
$4,918 for each single family detached unit
$3,845 for each single family attached or townhouse unit
The applicant is also requesting the "by -right" credit for this development for ten units that could
have been built on this property by -right under the previous RA zoning. Were the Board to
approve this request, the cash proffers and 15% affordable units requirement would kick in after
the 101 dwelling unit were constructed for this property (Attachment 3). This is consistent with
ZMA 2016-00019 Willow Glen Proffer Amendment
Planning Commission May 14, 2019
Page 2
how recent residential ZMAs have been treated by the Board, such as Brookhill, Foothill
Crossing, and Oakleigh.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant has stated they believe it may not be financially feasible for the developer to pay
the higher cash proffer amounts for this development, which may result in having to abandon
the project without a reduction in proffers. The applicant has stated that the higher proffers place
this project at a competitive disadvantage when compared against other more recently
approved projects that are not subject to the higher previously approved cash proffers
(Attachment 4).
PLANNING AND ZONING HISTORY
• CPA2006-03 applicant -initiated request to amend the Comprehensive Plan Land Use
from Industrial Service to Urban Density Residential approved by the Board in October
2007.
• ZMA2006-19 Zoning Map Amendment submitted concurrent with the CPA to amend the
zoning map from Rural Areas to Planned Residential district to allow a maximum of 234
units. Approved by the Board in October 2007.
• SDP2008-86 Final Site Plan approved in May 2010.
• SDP2019-17 the Board approved a special exception associated with this major site
plan amendment to allow variations to the approved zoning application plan to allow
reduction of density and modifications to unit types and arrangement, setbacks and
yards, private street layout, recreational amenities, and project phasing. The major site
plan is still under review.
COMPREHENSIVE PLAN
The property is designated Urban Density Residential within the Hollymead Neighborhood of the
Places29 Master Plan, which allows residential uses at a density of 6 to 34 units/acre, with
supporting uses such as religious institutions, schools, and other small-scale non-residential
uses. The applicant is not proposing any changes to the land use with this request.
Strategy 1c of the Growth Management Chapter recommends that the County continue to
recognize the shared responsibility between the County and new development to pay for
infrastructure and improvements to the Development Areas to address the impacts of new
development.
Strategy 5d of the Development Areas Chapter of the Comprehensive Plan calls for a review of
the Cash Proffer Policy to address its effects on density.
In September 2014, the Board of Supervisors directed the Fiscal Impact Advisory Committee
(FIAC) to provide advice and recommendations to the Planning Commission and the Board of
Supervisors on revisions to the credit provisions and the per unit cash proffer amounts of the
Cash Proffer Policy. FIAC made its recommendation to the Board and Commission in July 2015
including a reduction in cash proffers to the following amounts:
$4,918.00 for each single family detached unit and
$3,845.00 for each sing family attached or townhouse.
ZMA 2016-00019 Willow Glen Proffer Amendment
Planning Commission May 14, 2019
Page 3
The recommended reductions were based on the FY 2015-2016 County capital improvements
program (CIP, which covers future years 1-5) and capital needs assessment (CNA, which
covers future years 6-10). The CIP and CNA considered had a reduced number of projects
proposing new capital improvements or projects that would expand the capacity of existing
facilities; projects that would merely maintain existing facilities without expanding capacity were
not considered. The change in scope is based on a change in State law that became effective
July 1, 2013. Virginia Code § 15.2-2303.2(D) provides:
Notwithstanding any provision of this section or any other provision of law,
general or special, no cash payment proffered pursuant to § 15.2-2298, 15.2-
2303, o4 15.2-2303.1 shall be used for any capital improvement to an existing
facility, such as a renovation or technology upgrade, that does not expand the
capacity of such facility or for any operating expense of any existing facility such
as ordinary maintenance or repair.
The Board of Supervisors repealed the County's Cash Proffer Policy in June 2016, in response
to the 2013 state legislation and a subsequent change in 2016 regarding a locality's ability to
accept proffers.
The amount proffered by the applicant and accepted by the Board when the property was
rezoned in 2007 was consistent with the cash proffer policy at the time. These proffers were
determined to be a reasonable condition intended to address the impacts from the rezoning.
Nothing in the 2013 or 2016 State proffer legislation precludes the County from accepting
proffers that were approved prior to the new legislation that were deemed to be reasonable at
the time.
The Board and Planning Commission have previously reviewed two similar requests to reduce
approved cash proffer amounts from prior rezoning actions. Like the Willow Glen request,
applicants for Spring Hill Village (originally approved in October of 2014) and Out of Bounds
(originally approved in December or 2013) requested to reduce previously approved cash
proffer amounts to those amounts recommended by FIAC in 2015. Both requests were denied
by the Board in July 2016. Out of Bounds is a residential Neighborhood Model District rezoning
(NMD) that was approved for up to 56 units. All but three units have been completed in the Out
of Bounds development. Spring Hill Village, also an NMD rezoning, allowing up to 100 units, has
not yet moved forward with final site plan approval or construction.
The applicant for Willow Glen is also requesting to amend the proffers to receive the "by -right"
credit for 10 units that could have been built on this property before the 2007 rezoning
(Attachment 5). Prior to being rezoned to PRD, Planned Residential Development, the property
was zoned RA, Rural Areas. The RA zoning allowed for 10 units by -right. Should the Board
approve this request, the applicant would not pay cash proffers or provide 15% of the units as
affordable units for the first 10 units built in the next phase of Willow Glen. Approval of this credit
is consistent with previous Board actions on many of the residential rezoning requests that were
approved before the repeal of the Cash Proffer Policy.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
1. Providing "by -right" credit for the units that could have been constructed on this property
before the 2007 rezoning is consistent with several recently approved rezoning requests.
ZMA 2016-00019 Willow Glen Proffer Amendment
Planning Commission May 14, 2019
Page 4
Staff has identified the following factors which are unfavorable to this request:
1. The cash proffers made by the applicant and accepted by the Board in 2007, when the
property was originally rezoned, were consistent with the cash proffer policy at the time
and were a reasonable condition intended to address the impacts from the rezoning.
2. Approval of the requested reduction in cash proffers would be inconsistent with previous
Board actions for similar requests.
Based on previous Board actions for similar requests, staff cannot support the request to reduce
the approved cash proffer amounts; however, staff does support providing the credit for 10 by -
right units that could have been built prior to the original rezoning.
PLANNING COMMISSION MOTION — ZMA201600019 Willow Glen Proffer Amendment:
A. Should the Planning Commission choose to recommend approval of this zoning map
amendment:
Move to recommend approval of ZMA201900019 Willow Glen Proffer Amendment, with the
revised proffers submitted by the applicant.
C. Should the Planning Commission choose to recommend denial of this zoning map
amendment:
Move to recommend denial of ZMA201600019 Willow Glen Proffer Amendment with reasons
for denial. Should a commissioner motion to recommend denial, he or she should state the
reason(s) for recommending denial.
Attachments
Attachment 1 — location map
Attachment 2 — application plan (from 2019 variation)
Attachment 3 — red -lined proffer statement
Attachment 4 — applicant's narrative
Attachment 5 — by -right exhibit
ZMA2016-00019 Willow Glen Proffer Amendment
Planning Commission May 14, 2019
Page 5
PROFFER STATEMENT
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i 1927 acres to be rezoned from rRiw -Afters-ts-Planned Residential Development
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PC-,-dn#e , � PRD ) to PRD to amend ron ffers.
Dickerson Ridge LLC, a Virginia limited liability company, is the fee simple owner (the
"Owner") of Tax Map 32, Parcels 49F, 496;49I, 49d; and 49KI (the "Property") which is the
subject of the zoning map amendment application #ZMA-064192016-00013 (mown as "Willow
Glen." The Applicant for Willow Glen is Sugaray Two, LLC, a Virginia limited liability
company. The Willow Glen community is herein referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
the rezoning is approved by Albemarle County. These conditions are proffered as part of the
rezoning and it is agreed that the conditions are reasonable. This proffer statement shall
supersede and replace in all reacts the proffer statement ap roved by the Roard of Supervisors
in connection with ZMA-2006-19.
1. Affordable Housing. The Owner shall provide affordable housing equal to fifteen
percent (15%) of the total residential dwelling units within the Project in the form of for sale or
lease affordable dwelling units (the "Affordable Dwelling Units" or "Affordable Units"). The
Affordable Dwelling Units shall be comprised of one or more of the following unit types:
single-family attached housing (townhouses or duplexes) or condominiums. The Owner or its
successor in interest reserves the right to provide the Affordable Dwelling Units in a variety of
ways, utilizing the above mentioned unit types alone or in combination as outlined below. Prior
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A. For -Sale Affordable Units. The for -sale Affordable Dwelling Units shall be affordable
to households with incomes up to 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 successor in interest may at its option facilitate the provision of down payment
assistance loans to reduce the out-of-pocket cash requirement costs to the homebuyer, such as,
but not limited to a "silent" second lien Deed of Trust, so that the resultant first mortgage and
housing costs remain at or below the parameters described herein. All financial programs or
instruments described herein must be acceptable to the primary mortgage lender. Any "silent"
second lien Deed of Trust executed as part of this paragraph shall be donated to the County of
Albemarle or its designee to be used to address affordable housing. For purposes of calculating
the price of the Affordable Dwelling Units, the value of Seller -paid closing costs shall be
excluded from the selling price of such Affordable Dwelling Units.
B. For -Lease Affordable Dwellin its.
(i) The initial net rent for each for -rent Affordable Unit shall not exceed the
then -current and applicable maximum net rent 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 I 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 affordable units as defined
by the County's Affordable Housing Policy, whichever comes first (the "Affordable Term").
(ii). Conveyance of Interest - All instruments conveying any interest in the
for -lease Affordable Dwelling Units during the Affordable Term shall contain language reciting
that such unit is subject to the terms of this Paragraph 1(B). In addition, all contracts pertaining
to a conveyance of any for -lease Affordable Dwelling Unit, or any part thereof, during the
Affordable Tenn, shall contain a complete and full disclosure of the restrictions and controls
established by this Paragraph 1(B). Prior to the conveyance of any interest in any for -lease
Affordable Dwelling Unit during the Affordable Term, the then -current owner shall notify the
County in writing of the conveyance and provide the name, address and telephone number of the
potential grantee, and state that the requirements of this Paragraph I(B)(ii) have been satisfied.
(iii). 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 tern 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.
C. Phasing of Affordable Units. 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 twelve percent (12%) of the lots in such subdivision plat or
site plan. Notwithstanding the foregoing, however, 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 twelve percent (12%) minimum for such
subdivision plat or site plan, and such additional Affordable Units may be allocated toward the
twelve percent (12%) 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 twelve percent (12%) of the total units on any subdivision plat or site plan.
D. Notification Period, County Cash Option.
(i). Notification Period. All purchasers of the Affordable Dwelling Units shall
be approved by the Albemarle County Office of Housing or its designee. The then -current
owner/builder shall provide the County or its designee a period of ninety (90) days to identify and
pre -qualify an eligible purchaser for the Affordable Unit(s). The ninety (90) day period shall
commence upon written notice from the then -current owner/builder that the Unit(s) is within one
hundred twenty (120) days of completion and, that on or before the end of such one hundred
twenty (120) day period shall be ready for occupancy. If the County or its designee does not
provide a qualified purchaser who executes a contract of purchase during this ninety (90) day
period, the then -current owner/builder shall have the right to sell or lease the Unit(s) without any
restriction on sales or lease price or income of the purchaser(s), provided, however, that any
Unit(s) sold or leased without such restriction shall nevertheless be counted toward the number
of Affordable Units required to be provided pursuant to the terms of this proffer. The
requirements of this proffer shall apply only to the first sale of each of the Affordable Dwelling
Units that are purchased. Nothing herein shall preclude the then -current owner/builder from
working with the County Housing Department prior to the start of the notification periods
described herein in an effort to identify qualifying purchasers for the Affordable Units.
(ii). County Option for Cash In Lieu of Affordable Units. If at any time prior
to the County's approval of any preliminary site plan or subdivision plat for the Property which
includes one or more for -sale Affordable Dwelling Units, the Housing Office informs the
then -current owner/builder in writing that it may not have a qualified purchaser for one or more of
the for -sale Affordable Dwelling Units at the time that the then -current owner/builder expects the
units to be completed and that the Housing Office will instead accept a cash contribution to the
Housing Office to support affordable housing programs in the amount of Nineteen Thousand One
Hundred Dollars ($19,100) in lieu of each affordable unit(s), then the then -current owner/builder
shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the
unit(s) that were originally planned to be Affordable Dwelling Units, and the then -current
owner/builder shall have the right to sell the Unit(s) without any restriction on sales price or
income of the purchaser(s). If all of any portion of the cash contribution has not been exhausted by
the County for the stated purpose within five (5) years of the date it was contributed, all
unexpended funds shall be refunded to the party that contributed the funds. For the purposes of
this proffer, such Affordable Dwelling Units shall be deemed to have been provided when the
subsequent owner/builder provides written notice to the Albemarle County Office of Housing or its
designee that the Affordable Unit(s) will be available for sale.
E. Inspections. The County shall have the right, upon reasonable notice and subject to all
applicable privacy laws, to periodically inspect the records of the Owner or any successors in
interest for the purposes of assuring compliance with this paragraph 1.
0
2. Cash Proffer.
A. The Owner shall contribute cash to the County in the following amounts for each
dwelling unit constructed within the Property that is not an Affordable Dwelling Unit. The cash
contributions shall be used to address the fiscal impacts of development on the County's public
facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation)
identified in the County's Capital Improvements Program. Prior to the approval of ZMA
016-00013_ the nrongrty was zoned Rtiral Area (RA)- and thus had by -right development yield
of 10 dwelling units. Therefore. the cash contribution for Market R& Units shall begin after a
cash contributions shall be paid prior to issuance of a building permit for the category of units
described in this paragraph 2 in the following amounts:
(i), Thousand Fi-veha= Hundred anddEE' hg teen Dollars ($�30A4.918)
for each single-family detached dwelling unit;
(ii). £leYerAJh r Thousand Nines Hundred and Forty -Five Dollars ($44,9003.L45)
for each single family attached dwelling unit that is not an Affordable Dwelling Unit.
(iii). Zero Dollars ($0.00) for each Affordable Dwelling Unit
The cash contribution for each such unit shall be paid prior to or at the time of issuance of
the building permit for each unit, as applicable.
B. Annual Adjustment of Cash Proffers. Beginning January 1, 200&2018. the amount of
each cash contribution required herein shall be adjusted annually until paid, to reflect any
increase or decrease for the preceding calendar year in the Comparative Cost Multiplier,
Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by
Marshall Valuation Service (a/k/a Marshall & Swift) (the "Index") or the most applicable
Marshall & Swift index determined by the County if publication of the specific index referenced
herein in discontinued. In no event shall any cash contribution amount be adjusted to a sum less
than the amount initially established by these proffers. The annual adjustment shall be made by
multiplying the proffered cash contribution amount for the preceding year by a fraction, the
numerator of which shall be the Index as of December 1 in the 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.
3. Connection to Town Center Drive. THIS PROFFER IREQUIREMENT HAS BEEN
SATISFIED IN FULL.. The Owner shall complete construction of an extension of "Road D" as
shown on the Application Plan as a vehicular connection to the future Town Center Drive in the
area shown on the Application Plan, to the standards contained in Sections 14-410H and 14-422
of the County Code and shown on the sheet of the Application Plan entitled "Conceptual Road
Sections" (the "Town Center Drive Connection"). The Town Center Drive Connection shall be
completed by the later to occur of: (a) eighteen (18) months after issuance of a final site plan
approval for the first phase of the Project; or (b) eighteen (18) months after the owner of tax map
parcel 32-50 dedicates to public use the public right-of-way determined to be appropriate by
VDOT and the County Engineer for the Town Center Drive Connection, and also dedicates to the
Owner all drainage, construction and other easements necessary for the Owner to construct the
Town Center Drive Connection. For purposes of this proffer 3, construction of the Town Center
Drive Connection 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 Town Center
Drive Connection is safe and convenient for traffic. The Town Center Drive Connection may be
shifted from the area shown on the Application Plan to a location more suitable to both the
Owner and the County which still provides access from Willow Glen to Town Center Drive,
upon approval of the County Engineer and the Owner.
WITNESS the following duly authorized signatures:
+.4e
31asa3o
Owner:
DICKERSON RIDGE LLC,
a Virginia Limited Liability Company
In
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Title:
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Document 1 ID
MRIC/31529025/1
31529025vl <IWOVRIC> - Willow Glen - Proffer
Description
Statement (2007)
ovenSite://WM-IW-APP.WILLIAMSMULLEN.COM/I
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314843040<IWOVRIC> - Willow Glen - Proposed
Description
Proffer Statement
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n Ye- Ir L
WILLIAMS MULLEN
Direct Dial: 434.951.5709
vlong@williamsmullen.com
September 17, 2018
VIA HAND DELIVERY AND E-MAIL
Rachel Falkenstein, rfalkenstein(o)albemarle.oro
Principal Planner
Albemarle County
Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Willow Glen Proffer Amendment ZMA-2016-00013 — Supplemental Letter
Dear Rachel:
On behalf of Dickerson Ridge, LLC (the "Applicant"), the owner of Tax Map Parcels 03200-00-
00-049F0, 03200-00-00-04910, and 03200-00-00-049JO (the `Property'), we requested a proffer
amendment, ZMA-2016-00013 (the "Proffer Amendment"), in June of 2016. This letter and the
enclosed materials serve to supplement the Proffer Amendment.
Background
Timeline:
2007 Comprehensive Plan Amendment (CPA-2006-00003) changed the Property's
land use designation from Office/R&D/Flex/Light Industrial to Urban Density
Residential
Zoning Map Amendment (ZMA-2006-00019) changed the Property's zoning
classification from Rural Area (RA) to Planned Residential Development (PRD)
2008 Final Site Plan approved for 234 units (9.88 dwelling units per acre)
32 of the 36 residential units of Phase 1 were completed
Great Recession Halts Construction
New Demand for Flex/Light Industrial Space
2017 Comprehensive Plan, Amendment (CPA-2017-00001) request submitted to
change a portion of the Property's land use designation from Urban Density
Residential back to Office/R&D/Flex/Light Industrial
New Stream Buffer Regulations — Project no longer economically viable
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.81 7.0977
williamsmullen.com l A Professional Corporation
WILLIAMS MULLEN
September 17, 2018
Page 2
2018 Site Plan Amendment and Variation Request to replace the condominium
buildings with townhomes, reducing the total allowable residential units by 93, to
141 units, to be filed.
As noted in the timeline above, the Property has been subject to various planning applications,
including the first rezoning and comprehensive plan amendment in 2006 (the "First
Application"). Due to the Great Recession, construction on the approved residential units was
postponed. After several years, the economy revitalized and there was newfound demand for
office/light industrial space. To adapt to these market changes, the Applicant submitted a
second comprehensive plan amendment and rezoning request in 2017 and earlier this year (the
"Second Application"). The Second Application would have allowed for approximately an acre
of commercial or light industrial space, as well as replaced the condominium buildings with
townhomes, among several other changes. Between the time the First Application was
approved and the Second Application was submitted, the County's stream buffer regulations
were amended, expanding the stream buffer area applicable to the Property. As a result of the
expanded stream buffer area, the Second Application was no longer economically viable, for it
substantially reduces the number of lots the Property can yield. Thus, the Applicant withdrew
the Second Application, and is no longer requesting a commercial element be added to the
project, eliminating the necessity to rezone the Property.
However, the Applicant is still requesting several changes to the Property through a site plan
amendment and variation request. These requests propose to replace the condominium
buildings with townhomes and some single-family detached homes. The overall density will be
reduced by 93 units, to a total of 141 units instead of 234 units. In addition, the site plan
amendment and variation propose to reduce the potential impact on the streams on the
Property from 290 linear feet to approximately 275 linear feet, which is a reduction of 15 linear
feet and is 25 linear feet below the allowable USACE/DEQ impact.
Proffer Amendment
In 2013, the Virginia General Assembly enacted legislation, § 15.2-2303.2D of the Code of
Virginia, relating to cash proffers (the "2013 Proffer Law"). The 2013 Proffer Law stated that "no
cash payment proffered shall be used for any capital improvement to an existing facility, such as
a renovation or technology upgrade, that does not expand the rapacity of such facility or for any
operating expense of any existing facility such as ordinary maintenance or repair" § 15.2-
2303.21D (emphasis added). In response to such legislation, the County enlisted the Fiscal
Impact Advisory Committee ("FIAC") to analyze how to amend its formulaic cash proffer
program to conform to state law. FIAC was formed in recognition of the fact that the County's
methodology for determining cash proffer amounts (a uniform formula applied to each project
tied to the County's general capital improvement needs) may not comply with the 2013 Proffer
Law's requirement that each new project proffers' contribute only to capacity needs beyond
ordinary maintenance or repair.
On September 22, 2015, FIAC presented its recommendation to the Board of Supervisors. As
part of the recommendation, FIAC stated that the recalculated maximum per unit cash proffer
amount, by dwelling unit type, should be $4,918 for Single Family Detached (SFD) units, $3,845
for Single Family Attached / Townhouse (SFA/TH) units, and $5,262 for Multifamily (MF) units.
WILLIAMS MULLEN
September 17, 2018
Page 3
The much reduced numbers reflected the goal of the Virginia General Assembly of decreasing
barriers to growth and development across the state, which became even more critical after the
Great Recession.
However, the FIAC recommendations were not implemented by the County, in part, because
Virginia's General Assembly went further in restricting localities' cash proffer programs.
On March 8, 2016, the General Assembly enacted § 15.2-2303.4 of the Code of Virginia, to
come into effect on the following July 1 (the "2016 Proffer Law"). This Proffer Amendment was
submitted prior to when the 2016 Proffer Law became effective and is therefore not subject to its
more stringent restrictions. However, this Proffer Amendment is subject to the 2013 Proffer Law
and under such regulations, the reduced proffer amounts presented by FIAC should control.
As evidenced by the timeline above, the Applicant has had to adjust to various market
conditions over the years. The Virginia General Assembly has similarly revised the Virginia
Code accordingly, with the specific intention of encouraging development, adding more and
more stringency to localities' ability to accept certain proffers. As a result, more recent projects
may be subject to less costly proffers than projects that were previously approved. Because the
newer projects have less costly proffers, these developers can accept lower prices for their lots
and/or can more easily absorb the substantial recent increase in construction costs. This leaves
the more recent projects at a competitive advantage over the older projects subject to previous
versions of the proffer law. This competitive advantage may paralyze a developer's ability to
complete construction of his or her project. Because proffers are not paid until a Certificate of
Occupancy is issued for each lot, the result of this competitive advantage created by changes in
market conditions and revisions to the proffer law is that localities may never actually receive
the proffered funds — if not unit is ever built, the cash proffer is never paid. Cash proffers are
only paid to localities if the units are actually constructed, which requires a project to remain
economically viable.
The Applicant faces a similar situation to the one outlined above. The Applicant is subject to
proffer amounts that far exceed the figures resulting from the 2013 Proffer Law:
• First Application proffer figures:
o $17,500 for each single family detached dwelling and
o $11,900 for each single family attached dwelling
• FIAC figures recommended after the 2013 Proffer Law:
o $4,918 for each single family detached dwelling and
o $3,845 for each single family detached dwelling
The Applicant was forced to halt construction after the Great Recession and therefore proffers
are no longer being paid to the County. Moreover, the Applicant is forced to compete with
projects constructed after the 2013 Proffer Law, which may have a $5,000 or less cost basis.
As a result, the Applicant may be forced to abandon the development, in which case the County
will obtain no proffer payments. To avoid that situation, the Applicant requests to be subject to
the 2013 Proffer Law so that the project may proceed with less of a competitive disadvantage as
to new projects.
WILLIAMS MULLEN
September 17, 2018
Page 4
In addition, in November of 2013, the County adopted a policy to only apply proffer figures to
those units beyond the number of units allowed on the applicable property by -right. This policy
was adopted for the Brookhill and Oakleigh projects, among others. The justification for the
policy change was for reasons of fairness. The purpose of cash proffers is to mitigate the
potential impacts of residential development outside the scope of currently existing zoning
designations. The justification being that the County can budget, plan and coordinate
community amenities based on allowable development within existing zoning designations, but
it cannot predict requests for changes to those designations. Because of the unpredictability
and potential consequential impacts on community amenities borne out of rezonings, cash
proffer policies were instituted to offset such potential impacts. Based on the policy justifications
outlined above, these proffered amounts should necessarily only include those impacts above
and beyond what is currently allowed by right. For these reasons, we request the proffer figures
from the 2013 Proffer Law not apply to the 10 units allowed by -right under the original Rural
Area (RA) zoning designation of the Property.
Please do not hesitate to contact us should you have any questions. Thank you for your careful
consideration of our request.
Sincerely,
volm" cw fi
Valerie W. Long
cc: George W. Ray, Jr., Dickerson Ridge, LLC
Steve Edwards, Edwards Design Studio
Enclosed:
ZMA Resubmittal Application Form
Proffer Statement ZMA-2006-00019
Proposed Proffer Statement ZMA-2016-00013
Redline Showing Changes of Proffer Statement
36897146_2
a]
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 9724126
September 10, 2018
ZMA201600013 Willow Glen Proffer Amendment
Valerie Long
321 East Main Street, Suite 400
Charlottesville, VA 22902
Dear Ms. Long,
Our records show that the above referenced application was accepted for review on June 20, 2016. We
understand that you are continuing to work on this request to achieve approval.
On September 5, 2018 the Board of Supervisors approved a zoning text amendment to require that
action (approval or denial) by the Board of Supervisors take place within 36 months of the date of
acceptance for review of a zoning map amendment (ZMA) or special use permit (SP) application.
Your application is not currently scheduled for review by either the Planning Commission or the Board of
Supervisors. In accord with the provisions of Chapter 18, Section 33.52 of the Code of Albemarle you
must request deferral of your project and the request must state the date by which you request the
Board will act on the application. This date may not exceed June 20, 2019.
Please be advised that if the Planning Commission has not yet acted on your request, you will need to
submit all outstanding information necessary for a Commission action a minimum of 120 days from the
date by which you request the Board will act on the application.
We recognize that you may have requested a deferral previously, but we require a new letter indicating
the date by which action will be taken by the Board. We are recommending that if you do not know
how long you need, you request the full amount of time available to this project.
If you do not request a deferral in writing by October 11, 2018, your project will be considered
withdrawn.
Thank you for your time and attention to this matter.
Sincerely,
Andrew Gast -Bray
Director of Planning