HomeMy WebLinkAboutZMA201600005 Correspondence Zoning Map Amendment 2016-07-18 WI ` LIAM S M U LLEN
Direct Dial: 434.951.5725
adavies@williamsmullen.corn
July 18, 2016
Applicant Comment Response for ZMA2016-05 Foothills Daily Property
Portions of TMP 56-57 and 56A2-01-62 adjacent to Park Ridge Drive are designated Urban
Density Residential, which has a recommended density of 6-12 units per acre. All housing types
are found in this category, including single family detached, townhouses, and apartments.
Please provide more information about what unit types are proposed in these areas.
Rev1: Consider concentrating higher density units in areas designated for urban density.
Response: R-6, the proposed zoning district, does not allow densities greater than 6 units per
acre. Townhouses and villas will be incorporated, as appropriate, during the site plan review
of the project.
Rev1: Consider adding a note to the plan or a proffer stating internal streets will be
interconnected and cul-de-sacs will only be used where interconnections are not possible.
Response: Note has been added to the plan (note#13).
Rev1: Consider adding a front setback for front loaded garages that is several feet behind the
primary residence for single family units.
Response: A note has been added to the application plan (note#12) addressing the front
setbacks for front loaded garages.
Rev1: Please include a "general accord" proffer within the proffer statement indicating you
are proffering the plan and the important elements as noted above and shown or noted on
the plan.
Response: General accord language is included on the first page of the proffers. Other
important elements, such as roads, trails, civic space and pedestrian tunnel, are covered in
specific proffers. Density maximum is driven by the proposed zoning.
Provide an exhibit to demonstrate that 35 units can be achieved with the by-right development
of the property.
Rev1: Provide lot sizes and exhibit to scale so dimensions can be checked. If bonus factors are
being used in calculation, list these on exhibit.
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.81 7.0977
williamsmullen.comj A Professional Corporation
July 18, 2016
Page 2
Response: By-right exhibit is included with this submittal.
I.
Rev1 new comment: Note 3 on the concept plan states that all trees and sidewalks shall be
maintained by the HOA. Is this intended to state all trees and sidewalks located outside of the
VDOT right-of-way shall be maintained bye HOA?
Response: Yes. Note has been updated.
Housing Comments
In the preamble the applicant indicates that they would meet the affordable housing proffers
through construction or cash. The last sentence should probably read..."as more particularly
described in Sections 6A, 6B, and 6C."
Response: Proffers have been updated with this suggested change.
In 6.A., the applicant may want to indicate that the index used to determine affordability is 65%
of VHDA's Maximum Sales Price for first-time homebuyer programs. Currently, $243,750 or .65
of$375,000.
Response: This information has not been included in the proffers, as the index could change
in the future.
CMP non- total NDR NDR UDR UDR
total residential developable area area units: units: units: low units: total low total high
acres acres acres UDR NDR low end high end end high end end end
56k-Al 15.44 1.15 5, k 3 14.29 0 14.29 3 42.87 85.74 0 0
56-57 5.38 0.47 CD 4.91 4.91 0 0 0 29.46 58.92
56-57B 11.72 0.84 ,.j 10.88 0 10.88 7 32.64 65.28 0 0
56A201062 2.13 0 7 ,! 2.13 0.67 1.46 4.38 8.76 4.02 8.04
56A2-1-61 3.24 3.24 0 0 0 0 0 0 0
Total 37.91 5.7 32.21 5.58 26.63 79.89 159.78 33.48 66.96 113.37 226.74
fCSyL Comm- n $
PROFFER STATEMENT
FOOTHILLS CROSSING
Date: July 18,2016
ZMA #: 2016-05
Tax Map Parcel #: 056A2-01-00-06200,and portions of 05600-00-00-05700,05600-00-00-
057B0,056A2-01-00-06100,and 056K0-00-00-000A1 (the"Property")
Owner(s) of Record: Edmund J.Daily,Christopher Daily&Cynthia Daily DiCanio;Route 240
Holdings,LLC;Route 240,LLC;and Foothills Crossing,INC.
Date of Proffer Signature: _,2016
Rezone one parcel totaling approximately 2.13 acres from R2 Residential(R2) to R6 Residential(R6),
and rezone portions of four parcels totaling approximately 35.77 acres from R1 Residential(R1)and
Light Industrial(LI) to R6.
Total Land Area: 37.91 acres
Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance,the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Foothills Crossing
(hereinafter the"Property")if the Zoning Map Amendment(hereinafter the"ZMA")is approved by
the County of Albemarle (the"County"). These conditions are proffered as a part of the requested
ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions,and(2) such
conditions have a reasonable relation to the rezoning requested.
The term"Owner"as referenced herein shall mean the owner(s)of record and successors in interest
of parcels 056A2-01-00-06200,and portions of 05600-00-00-05700,05600-00-00-057B0,056A2-01-
00-06100,and 056K0-00-00-000A1.
The Application Plan shall refer to that certain Application Plan prepared by Collins Engineering
February 16,2016 last revised July 18,2016 (the"Application Plan"). Future development of the
Property shall be in general accord with the Application Plan.
The headings of the proffers and conditions set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provisions of the proffers.
1. Park Ridge Street Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Park Ridge Street("Park Ridge") on the Application Plan. Park Ridge will be an
"avenue section"in design,with bike lanes,parking,sidewalks, street trees,and curb and gutter. Park
Ridge shall be constructed,bonded and ready to be recommended by the Albemarle County Board
of Supervisors for acceptance into the public system,and the County Engineer shall have determined
that the roadway is safe and convenient for traffic(hereinafter,"completed")prior to issuance of the
tenth (10th) certificate of occupancy within the Property. Once the Owner completes Park Ridge and
within sixty(60) days after the written request of the County,the Owner shall dedicate Park Ridge as
a public road.
2. Eastern Avenue Connector Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Eastern Avenue Connector Roadway("Eastern Avenue") on the Application Plan.
Eastern Avenue will be an"avenue section"in design,with bike lanes,parking,sidewalks,street
trees,and curb and gutter. Eastern Avenue shall be constructed,bonded and ready to be
recommended by the Albemarle County Board of Supervisors for acceptance into the public system,
and the County Engineer shall have determined that the roadway is safe and convenient for traffic
(hereinafter,"completed")prior to issuance of the fiftieth (50th) certificate of occupancy within the
Property. Once the Owner completes Eastern Avenue and within sixty(60) days after the written
request of the County,the Owner shall dedicate Eastern Avenue as a public road.
3. Greenway Trails.
A. Construction and Dedication of Greenway Trails.
A primitive trail network, consistent with the County's design standards for a Class B-
type 1 primitive nature trail, shall be established within the Greenway. The installation
of the trail shall not preclude the future conversion, by others, of the trail to Class A-
paved trail standards. The general location of the trail network is shown on the
Application Plan, however exact trail locations shall be determined based on site
conditions. Installation of the trail network shall be completed prior to issuance of
approval of the tenth (10th) CO for a single family dwelling within the Project.
Upon the request of the County, but not prior to the issuance of the tenth (10th) CO
within the Project, the Owner shall dedicate to the County an easement for public use
over the Greenway area, as shown on the Application Plan. Prior to the County's
request to dedicate such easement, the Owner may dedicate portions of the Greenway
by easement concurrently with one or more subdivision plats for areas lying adjacent to
the Greenway;provided however, that Owner may reserve in such easements,rights of
access for utilities and maintenance. Each subdivision plat shall depict the Greenway
area to be dedicated and shall bear a notation that the Greenway area is dedicated for
public use. If, at the time the County requests dedication of the Greenway, any part of
the Greenway that has not been dedicated by subdivision plat, shall be (within six (6)
months of such request) at Owner's cost, surveyed, platted and recorded with one or
more deeds of easement dedication.
B. Bike and Pedestrian Tunnel
Pursuant to approval by VDOT and the County, the Owner shall construct a bike and
pedestrian tunnel (the "Tunnel") along the trail network as it passes underneath Eastern
Avenue. The Tunnel design shall be submitted for review with the roadway plans for
Eastern Avenue. Installation of the Tunnel shall be completed prior to issuance of
approval of the tenth (10th)CO for a single family dwelling within the Project.
4. Community Civic Space.
The Owner shall provide not less than 20,000 square feet of land within the Project for a Civic Space
in the general location identified on the Application Plan. The Civic Space shall be substantially
completed prior to the issuance of approval of the tenth(10th) CO within the Project. Parks and
Civic Spaces shall be conveyed to,and maintained by the Owner's Association. The Owner shall pay
the cost of subdividing and conveying the Parks and Civic Spaces to the Owner's Association.
5. Cash Proffer for Capital Improvements Projects.
The Owner shall contribute cash on a per "market-rate" dwelling unit basis in excess of the number
of units that are allowed by right under the zoning in existence at the time of this zoning amendment
for the purposes of addressing the fiscal impacts of development on the County's public facilities and
infrastructure,i.e., schools,public safety,libraries,parks and transportation. For the purposes of this
Proffer 5, the number of units allowed by right under the R-1 Residential zoning is thirty five (35)
single-family detached units. A "market rate" unit is any single-family detached unit in the Project
that is not either a For-Sale Affordable Housing Unit or For -Rent Affordable Unit as described in
Proffer 6. The cash contributions shall be Four Thousand Nine Hundred and Eighteen Dollars
($4,918.00) for each single family detached dwelling unit, other than a constructed For-Sale
Affordable Dwelling Unit within the Project qualifying as such under Proffer 6. In other words, the
cash contribution for market rate single family units shall begin after a building permit for the 35th
market rate single family unit is issued and prior to the Owner obtaining a building permit for the
36th market rate single family unit. The cash contributions shall be Three Thousand Eight Hundred
and Forty Five Dollars ($3,845.00) for each single family attached dwelling unit, other than a
constructed For-Sale Affordable Housing Unit or a For Rent Affordable Housing Unit within the
Project qualifying as such under Proffer 6. The cash contributions shall be Five Thousand Two
Hundred and Sixty Two Dollars ($5,262.00) for each multifamily dwelling unit, other than a
constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within the
Project qualifying as such under Proffer 6.
Except for the first thirty five (35) single family units, (which shall be exempt from this cash proffer)
the cash contribution shall be paid after completion of the final inspection and prior to the time of
the issuance of any CO for each new unit;provided however that the cash contributions shall not be
made until the number of units have been completed that results in what would otherwise have been
a cash contribution of $ (the "In-kind Contribution). The In-kind Contribution
reflects the value of the Eastern Avenue improvements referenced in Proffer 2 that the Owner has
committed to make for the benefit of the public. In other words, the Owner shall not be required to
pay the per unit cash contributions described herein until the time of the issuance of the building
permit for a new unit completed after applying a credit for the In-kind Contribution of
$ . In the event that the Project is completed prior to the balance of the In-kind
Contributions being exhausted, any remaining balance of the In-kind Contribution may not be
applied for any other project or development.
6. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number
residential units constructed on the Property. For example, if one hundred (100) total units are
constructed in the Project, fifteen (15) units, or their equivalent, are required to satisfy this Proffer 6.
The Owner or its successors in interest reserve the right to meet the affordable housing objective
through a variety of housing types, or through cash contributions, as more particularly described in
sections 6A,6B andabelow.
A. For-Sale Affordable Housing Units. All purchasers of the For-Sale Affordable Housing
Units,(defined below) shall be approved by the Albemarle County Housing Office or its
designee. "For-Sale Affordable Housing Units" shall be dwelling units offered for sale
at prices for which households with incomes less than eighty percent (80%) of the area
median income may qualify. The Owner shall provide the County or its designee a
period of one hundred twenty(120) days to identify and prequalify an eligible purchaser
For-Sale Affordable housing Units. The one hundred twenty (120) day period shall
commence upon written notice from the Owner that the unit(s) shall be available for
sale. This notice shall not be given more than ninety (90) days prior to receipt of the
Certificate of Occupancy for the applicable For-Sale Affordable Housing Unit; the
County or its designee may then have thirty(30) days within which to provide a qualified
purchaser for such For-Sale Affordable Housing Unit.If the County or its designee does
not provide a qualified purchaser during the one hundred twenty (120) day period, the
Owner shall have the right to sell the unit(s) without any restriction on sales price or
income of the purchaser(s).
B. For-Rent Affordable Housing Units.
(1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this � ("For-Rent Affordable Housing
Unit")shall not exceed the then-current an app ca le maximum net rent rate approved
by the Albemarle County Housing Office. In each subsequent calendar year, the
monthly net rent for each For-Rent Affordable Housing Unit may be increased up to
three percent (3%). For purpose of this-r—fc +dB, the term "net rent"means that the
rent does not include tenant-paid utilities. The requirement that the rents for such for-
rents for such For-Rent Affordable Housing Units may not exceed the maximum rents
established in this tzar�Qranb.a8.shall apply for a period of ten (10) years following the
date the certificate of occupancy is issued by the County for each For-Rent Affordable
Housing Unit,or until the units are sold as low or moderate cost units qualifying as such
under either the Virginia Housing Development Authority, Farmers Home
Administration, or Housing and Urban Development, Section 8, whichever comes first
(the"Affordable Term").
(2) Conveyance of Interest. All deeds conveying any interest in the For-Rent Affordable
Housing Units during the Affordable Term shall contain language reciting that such unit
is subject to the terms of this subparagraph (2). In addition,all contracts pertaining to a
conveyance of any For-Rent Affordable Housing Unit, or any part thereof, during the
Affordable Term shall contain a complete and full disclosure of the restrictions and
controls established by this pompwpir1. At least thirty (30) days prior to the
conveyance of any interest in any For-Rent Affordable Housing Unit during the
Affordable Term, the then-current Owner shall notify the County in writing of the
conveyance and provide the name, address and telephone number of the potential
grantee,and state that the requirements of this pare-'i )have been satisfied.
(3) Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each
rental or lease term for each For-Rent Affordable Housing Unit, the then-current
Owner shall provide to the Albemarle County Housing Office a copy of the rental or
lease agreement for each such unit rented that shows the rental rate for such unit and
the term of the rental or lease agreement. In addition,during the Affordable 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. Cash in lieu of Constructing Affordable Dwelling Units. In lieu of constructing For-Sale,
or For-Rent Affordable Dwelling Units for fifteen percent (15%) of the total number of
Units, the Owner has the option to make a cash contribution to Albemarle County for the
affordable housing program in the amount of Twenty-Four Thousand and Three Hundred
Seventy Five Dollars ($24,375.00) (the "Affordable Housing Cash Proffer") for each such
unit. The total cash contribution due to Albemarle County as noted above shall be based on
the total number of affordable units built in the Project.
7. Cost Index.
Beginning January 1 of each year following the approval of this rezoning, the amount of each cash
contribution required by Proffers 5 and 6 shall be adjusted annually until paid,to reflect any increase
or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index ("MSI").
The annual adjustment shall be made by multiplying the proffered cash contribution amount due for
the preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the
preceding calendar year, the denominator of which shall be the MSI as of December 1 in the year
preceding the calendar year most recently ended (the "Annual Percentage Change"). By way of
example, the first annual adjustment shall be Four Thousand Nine Hundred and Eighteen Dollars
($4,918.00) x 2017 MSI/2016 MSI. Each annual adjustment shall be based on the amount of the
proffered cash contribution due for the immediately preceding year based on the formula contained
in this Proffer 7 (the amount derived from such formula shall be referred to hereinafter as the"Cash
Contribution Due"), provided, however, in no event shall the cash contribution amount paid by the
Owner be less than Four Thousand Nine Hundred and Eighteen Dollars ($4,918.00) per single
family detached dwelling unit and Three Thousand Eight Hundred and Forty Five Dollars
($3,845.00) per single family attached dwelling unit and Five Thousand Two Hundred and Sixty Two
Dollars ($5,262.00) per multifamily dwelling unit under Proffer 5 or Twenty-Four Thousand and
Three Hundred Seventy Five Dollars ($24,375.00) per affordable dwelling unit under Proffer 6 (the
"Minimum Cash Contribution"). The Annual Percentage Change shall be calculated each year using
the Cash Contribution Due, even though it may be less than the Minimum Cash Contribution,
HOWEVER,the amount paid by the Owner shall not be less than the Minimum Cash Contribution.
For each cash contribution that is being paid in increments,the unpaid incremental payments shall be
correspondingly adjusted each year.
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above, and these proffers shall supersede all
other proffers and conditions made prior hereto. This Proffer Statement may be executed in any
number of counterparts, each of which shall be an original and all of which together shall constitute
but one and the same instrument.
WITNESS the following signature:
OWNERS of Tax Map Parcel 05600-00-00-057B0:
By:
CHRISTOPHER DAILY
By:
EDMUND J. DAILY
By:
CYNTHIA L. DAILY DICANIO
Date:
OWNER of Tax Map Parcel 05600-00-00-05700 &056A2-01-00-06200:
ROUTE 240 HOLDINGS, a Virginia limited liability company
By:
ALAN TAYLOR, MANAGER
Date:
OWNER of Tax Map Parcel 056A2-01-00-06100:
ROUTE 240, a Virginia limited liability company
By:
ALAN TAYLOR, MANAGER
Date:
OWNER of Tax Map Parcel 056K0-00-00-0000A1:
FOOTHILLS CROSSING, a Virginia corporation
By:
ALAN TAYLOR,MANAGER
Date:
30259350_1
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