HomeMy WebLinkAboutZMA201200008 Action Letter 2012-05-02•
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
May 2, 2012
Scott Collins, PE, Collins Engineering
200 Garrett Street, Suite K
Charlottesville, Va 22902
RE: ZMA20100011 Estes Park
.TAX MAP 32 PARCELS 33 & 34; TAX MAP 4684 PARCELS 5 & 5A
Dear Mr. Collins:
The Board of Supervisors approved the above referenced rezoning application on April 11, 2012. This
rezoning from R -1 to PRD was approved in accordance with the attached proffers dated April 9, 2012.
Please refer to this document for any future applications and requests on this property.
In addition, the Board of Supervisors approved your request for a waiver of Section 18 -4.2 of the Zoning
Ordinance for disturbance of critical slopes.
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 APPLICATION PLAN and applicable PROFFERS;
• approval of and compliance with a SITE PLAN and/or SUBDIVISION PLAT; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Rebecca Ragsdale at 296 -5832.
Sincerely,
U�
V. Wayne Aimberg
Director of Planning
cc: Alan Taylor, Riverbend Management
321 East Main Street, Suite 500
Charlottesville, Va 22902
Fox, Clifford H Jr
2280 Barrackside Farm
Charlottesville Va 22901
File
Emaill CC: Tex Weaver, Elise Hackett, Rebecca Ragsdale
Original Proffers X
Amendment
April 9, 2012
PROFFER STATEMENT
ZMA No. 2010 -00011 Estes Park
Tax Map and Parcel Number(s): 03200 -00 -00 -03300 and 03200 -00 -00 -03400
Owner(s) .of Record: Clifford H., Fox Jr., Benjamin Johnson Estes, and Patricia Ann Paige
Contract Purchaser: River Bend Management, Inc.
Date of Proffer Signature: April. 9, 2012
12.75 acres to be rezoned from R -1 to.PRD
Clifford H. Fox Jr. is the owner of Tax Map and Parcel Number 03200 -00 -00 -03300 and Benjamin Johnson
Estes and Patricia Ann Paige are both the owners of Tax Map and Parcel Number 03200 -00 -00 -03400
(collectively, the "Owner "). Tax Map and Parcel Number 03200 -00 -00 -03300 and Tax Map and Parcel Number
03200 -00 -00 -03400 (the "Property ") .is 'the subject of rezoning application 2MA No. ZMA 2010- 00011, a
project known as "Estes Park". (the. "Project ' ), which includes ant application: plan, prepared by Collins
Engineering, LLC entitled "Estes ,Park .Rezoning Application Plan! ', and with, a latest revision, date of June 20,
2011 (the "Application Plan").' River Bend Management, Inc., the "Contract Purchaser" for both Tax Map
Parcels, joins this Proffer Statement to acknowledge its interest in the Property. Where the owner or owners are
listed below the Contract Purchaser also shall be,included ifnot stated.
Pursuant to. Section 33.3 of the Albemarle County Zoning Ordinance, the Owner and Contract Purchaser hereby
Voluntarily. proffers the conditions listed ,below, which shall be applied to the.Property if:it is rezoned to the
zoning district identified above... These conditions are proffered as a part of the requested rezoning and the
Owner and Contract Purchaser.acknowledges that the conditions are,.reasonable. .
1. Public Street.
As a condition for the issuance of the first certificate of occupancy for any structure on the Property, the
Owner shall design and complete construction of the public street identified as "Public Road D" shown on Sheet
3 of the Application Plan but which is located offsite from the Property on Tax Map and Parcel Numbers
046B4 -00 -00 -00500 and 046B4- 00- 00- 005A0.
A. Design and Construction. At a minimum, Public Road D shall be designed and constructed to
the "Typical Street Section Roads A, B, C, D.—Public Road (51' Public ROW) Not to Scale" shown on
Sheet 3 of the Application Plan but shall, in any event, be designed and constructed to County and
VDOT standards, including the design and construction of related drainage, slope and utility easements,
as applicable. Construction of Public Road D shall be deemed complete when the County Engineer
determines that the roadway is safe and convenient for traffic.
B. Dedication. As part of the first subdivision plat or in conjunction with the first site plan for the
Project, the right -of -way for Public Road D shall be dedicated to public use. If the dedication is not
accomplished in conjunction with the first subdivision plat for the Project, the Owner shall prepare, or
cause to be prepared, a subdivision plat meeting the requirements of the Albemarle County Subdivision
Page 1 of 5
Ordinance (Chapter 14 of the Albemarle County Code) to create a special lot composed of the right -of-
way for Public Road D, and the plat shall identify the Public Road D right -of -way as being dedicated to
public use.
2. Cash Proffer for Capital Improvements Proiects.
The Owner shall contribute cash on a per "market- rate" dwelling unit basis 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. A "market rate" unit is any unit in the subdivision that is not
considered an Affordable Unit as described in Proffer 3. The cash contributions shall be $13,000 cash for each
attached dwelling unit, other than a constructed affordable dwelling unit within the Project qualifying as such
under Proffer 3. The Owner's total cash contribution to Albemarle County to address impacts upon the
identified public facilities may be up to $754,000 (58 dwelling units x $13,000).The cash contribution shall be
paid at the time of the issuance of the building permit for each new unit, unless the timing of the payment is
otherwise specified by state law.
3. Affordable HousinL.
The Owner shall provide affordable housing equal to fifteen percent (15 %) of the total residential units constructed
on the property as provided under Proffer 3a or 3b:
a. Cash Proffer. In lieu of constructing affordable dwelling units ( "Affordable Units ") for fifteen
percent (15 %) of the total number of Units, which would correspond to ten (10) affordable units, the Owner has
the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of
Twenty -One Thousand One Hundred Twenty -Five Dollars ($21,125) (the "Affordable Housing Cash Proffer ")
for each such unit as follows: the Owner shall pay the Affordable Housing_ Cash Proffer to -the County, in ten
(10) increments; after an inspection and prior to the issuance of a certificate of occupancy for each of the
seventh (7ffi), fourteenth (14th), twenty -first (21st), twenty- eighth (28th), thirty -fifth (35`h), forty- second (42nd),
forty -ninth (49th), fifty -sixth (56th), sixty -third (63`d), and sixty- eighth (68th) dwelling unit within the Project.
The Owner's total cash contribution to Albemarle County in lieu of constructing affordable units will be between $00
Dollars (for 10 affordable dwelling units constructed) and $211.250 (for 0 affordable housing units constructed) based
on the total number of affordable units constructed within the Property for the purposes. The total cash contribution
due to Albemarle County at each of the ten payment periods as noted above shall be based on the total number of
affordable units built at that point in time.
b. For -Sale Units. The Owner maintains the right to construct all or a portion of the ten (10) affordable
units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any
subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or
developer(s) shall succeed to the duties of the Owner under this Proffer 3, and the term "Owner" shall refer to
such subsequent owner(s) and/or developer(s), as applicable.
(1) Affordability; Credit Thresholds. For the purposes of this Proffer 3(b), "affordable
housing" shall mean units affordable to households with incomes less than eighty percent (80 %) of the
area median income (as determined from time to time by the Albemarle County Office of Housing) 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; provided, however, that in no event
shall the selling price for such affordable units be more than sixty -five percent (65 %) of the applicable
Virginia Housing Development Authority (VHDA) maximum sales price /loan limit for first -time
homebuyer programs at the beginning of the 180 -day period referenced in Proffer 3(b)(2) hereof (the
"VHDA Limit ").
Page 2 of 5
(2) Sale of Affordable Units. All purchasers of the for -sale affordable units shall be approved
by the Albemarle County Housing Office or its designee (the "Housing Office "). At the proposed time
of construction of any affordable unit, the Owner shall provide the Housing Office a period of one
hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit.
The 180 -day qualification period shall commence upon written notice from the Owner to the Housing
Office of the approximate date the unit is expected to receive a certificate of occupancy from the County
(the "Notice "). Such Notice shall be given no more than ninety (90) days prior to the expected issuance
of the certificate of occupancy, and the 180 -day approval period shall extend no less than ninety (90)
days after the issuance of the certificate of occupancy. Nothing in this Proffer 3(b)(2) shall prohibit the
Housing Office from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of affordable units for approval by the Housing Office. If, during
the 180 -day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a
qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case, the
Owner shall have the right to sell the unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 3(b). This Proffer
3(b) shall apply only to the first sale of each of the for -sale affordable units.
(3) Tracking. 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 fifteen percent (15 %) of the lots in such subdivision
plat or site plan.
4. Moubry Lane Interconnection and Construction Vehicle Access.
a. The Owner shall design and construct a bicycle /pedestrian and emergency access connection to
Moubry Lane to minimum AASHTO standards of a 20 -foot wide paved access road and shall place bollards
removable only by emergency service personnel, to prohibit any other vehicular access. This will be done to
provide a secondary means of access in case of emergency. The number and type of bollards shall be approved
in advance by Albemarle County's Division of Fire Rescue.
b. Moubry Lane shall not be used for construction access associated with the Project, except as
necessary for construction of the Moubry Lane Interconnection itself.
C. All construction traffic for the project shall enter the site through the existing access easement
from Proffit Road. Worth Crossing shall be closed and barricaded to construction traffic until such time as the
first certificate of occupancy is issued within the Project and Public Road D is constructed with curbing and a
base asphalt surface and the Owner has obtained from the County Engineer a written determination that the
street is safe and convenient for traffic.
5. Erosion and Sediment Control.
The Owner shall provide additional erosion and sediment control measures above and beyond the
standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook. The
additional measures to be implemented will consist of erosion control practices as outlined in the attached
memorandum from Scott Collins, Collins Engineering to Glenn Brooks, dated February 29, 2012 (Re: Estes
Park Rezoning — Additional Erosion and Sediment Control Measures). The County Engineer shall determine, in
consultation with the Owner, the appropriate measures to be implemented Design and implementation of these
erosion and sediment controls will be reviewed and be subject to prior approval by the County Engineer.
Page 3 of 5
6. Cost Index.
Beginning January 1, 2013, the amount of each cash contribution required by Proffers 2 and 3 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 "). 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
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. For each cash contribution that is
being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year.
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 signatures:
OWNS
Cliffo i . F x Jr.
OWNER
Benjamin Johnson Estes v
OL I L—
River Bend Manage ent, Inc., Contract Purchaser
By: Alan R. Taylor, Vice President
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Page 4 of 5
[SIGNATURE PAGE TO ESTES PARK PROFFER STATEMENT]
OWNER
Patricia Ann Paige
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MEMO
To: Albemarle County
Attn: Glenn Brooks, CountyEngineer
From: Scott Collins, PE
Re: Estes Park Rn7nning — Additional Frosinn and Sediwfnt Control Measures
Date: February 29, 2412
Mr. Brooks:
In an effort to provide erosion and sediment control for the Estes Park development that exceed the
current standards and regulations as set forth in the Virginia Erosion and Sediment Control
Handbook, the Owner of the development is willing to implement additional erosion control
measures. The additional measures that Estes Park will implement upon approval of the county the
County Engineer are listed below. (In addition, the County Engineer or Erosion Control Inspector
can require the developer to include or implement additional erosion control measures during the site
plan approval process or construction phase of development.):
1. Commitment to finishing, stabilizing, and closing out the permit by a given date — Estes Parr
shall be developed in the (2) phases to ensure timely completion and stabilization of the fast
phase, prior to moving forward with the second phase of construction. All timelines for
construction and stabilization will meet the Albemarle County regulations.
2. Commitment to independent third party professional inspections and documentation, with
reporting to the county— Estes Park shall hire a professional consultant to review and
inspect the erosion control measures on a weekly basis, document the findings, and provide
these reports to the county for review.
3. Installation of a turbidity curtain — the contractors for Estes park shall install a turbidity
curtain at the inlet point into Arbor Lake.
4. Installation of reinforced silt fencing — the use of wire- backed silt fence will be used along
the streams and environmental areas for added protection. Metal fencing or barriers, or
double rows of silt fencing, or other extra requirements will be provided as directed by the
county engineer to futher enhance mitigation efforts.
5. Provide additional wet storage and dry storage in the traps and basins — Sediment basins will
be designed with 50% additional storage volume for the wet and dry storage to allow the
basins to contain all the run -off, and hold it longer in the basin to allow sediment to filter
out. In addition, the sediment basins will have different compartments that will allow
sediment to filter out as it moves through these compartments. The contractor will
continually clean out the sediment from these compartments on a routine basis.
6. Installation of erosion control matting for all slopes and the -use of tackifiers in seeding and
soil stabilization applications — measures such as these will be used for instant stabilization
practices for the development, to help prevent erosion during the stabilization of the site.
7. Apply redundancy in the design- Estes Park will have a series of erosion control measures
such as diversion ditches, sediment basins, reinforced silt fence, bio -logs, and turbidity
curtains designed and installed in conjunction with each other to control the sediment run-
off from the site.
8. Use of easily installed pre - manufactured silt control devices — these devices, listed in more
detail below, will be installed to assist with erosion control measures.
In addition to these types of erosion control measures listed above, Estes Park is committed to
installing additional erosion control measures to assist in the removal of fine particles and colloidal
soils from the nun. -off. These additional measures are proposed with this development to protect
Arbor Lake and the downstream environmental features.
1. Filter socks and Floc Logs - These measures are used as a trapping device to filter the run -off
through these products which specialize in removing the fine particles and colloidal soils
from the run -off. These devices are used downstream of the project in conjurnct. (. )n with silt
fence and along roadways to protect the drainage inlet structures and remove particles
before they enter the structures. Any erosion control measures that arc installed off -site will
require an easement or letter from the Forest Lakes HOA allowing the erosion control
measures to be installed on the Forest Lakes HOA property downstream of Estes Park
2. Departmental sediment basins — Design and construction of sediment basins with a series of
different chambers to allow.run -off to filter th rough each chamber to the next chamber
while removing the fine particles and colloidal soils as the run -off passes through each
chamber and filtering device. The first chamber will be cleaned out on a monthly basis, with
the other chambers being cleaned out as necessary to remove sediment that has acciunulated
within the basin Faircloth Skimmer devices — this device is added to the outfall pipe of
sediment basins and assists in the filtration and removal of fine particles and colloidal soils
from the water before it's released from the basin.
3. Erosion Control blankets and other .ADS soil stabilization measures — these devices can be
applied to and below denuded areas to prevent erosion by removing fine particles and
colloidal soils from the run -off.
Summary:
Estes Park and its owners and developers are committed to design Fund implementation of additional
erosion control. mean=s and devices to protect the do,,crostream properties and environmental
features from sedimentation, during and after constriction activity is completed with the
development. Erosion control measures, as listed above, are to be designed and installed for
additional protection above and beyond the standard erosion control design regulations for
development and constriction activities. These specialized techniques and the redundancy- of these
control measures are added measures on top of the standard erosion control devices to assist in the
removal of sedunent, fine particles, and colloidal soils from the nin off from the development.
In addition, the developers of Estcs Park will meet with representatives from Forest Lakes
Association on a set monthly basis, or other agreed upon meeting schedule, onsite to review and
inspect the point at which flow from the Estes Development enters Arbor Lake. Documentation of
sedimentation into the Lake, if any, will be noted in the inspections reports from each of the
meetings. These documents will be kept as records throughout the construction of Estes Park and
used to determine the amount, if any, of sediment that has entered the pond from the Estes
Development. At the end of the project, Estes Development will be responsible for removing the
amount of documented sediment from Arbor Lake from these inspection reports, as agreed upon by
both parties. The intent is to prevent and remove any sediment from Arbor Lake caused by
construction development of Estes Park at no financial cost to Forest Lakes for the clean-up of the
sediment from the construction activity of Estes Park