HomeMy WebLinkAboutZMA201200002 Approval - County 2013-11-25COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 25, 2013
Justin Shimp, P.E.
201 E. Main St., Suite M
Charlottesville, Va. .22902
RE: ZMA201200002 & SP201300001 Riverside Village
TAX MAP 78/PARCEL 58; TAX MAP 78B/SECTION 1/PARCELS 101 through 303
Dear Mr. Shimp:
On November 13, 2013, the Board of Supervisors approved the above noted requests on the above
noted parcels as follows:
Regarding ZMA201200002
Approval of request to rezone from R1 to NMD is subject to the Code of Development and application
plan/plan of development, both dated May 21, 2012 and revised September 6, 2013, and the '
attached proffers dated November 4, 2013. Please refer to these documents for any future applications
and requests on this property.
Regarding SP201300001
Approval of request to fill in the flood hazard overlay district is not subject to any conditions.
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 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 a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before proceeding with further use of this property or should you have questions regarding the above -
noted action, please contact Rebecca Ragsdale at 296-5832.
Sincerely,
t°
V. ayne C�Irb
Director of Planning
cc: Gordonsville R�
Charlottesville, Va. 22902
Original Proffers X
Amendment
PROFFER STATEMENT
ZMA Number: 2012-00002
Tax Map and Parcel Number:. 07800-00-00-05800
Owner: Gordonsville Realty Investments, Inc.
200 Garrett Street, Suite 0.
Charlottesville,; VA 22902
r
Date of Proffer Signature: November 4, 2013
18.66 acres to be rezoned from RI to NMD
Gordonsville Realty Investments, Inc, is the owner (the "Owner") of Tax Map and Parcel
Number 07800-00-00-05800 (the "Property") which is the subject of rezoning application ZMA
No. 2012-00002, a project known as "Riverside Village" (the "Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle
County Code), the Owner 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 acknowledges that the conditions
are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants
that it is an authorized signatory of the Owner for this Proffer Statement.
1. Park Land Dedication; Trails System. Within five (5) years after the date that
ZMA 2012-00002 is approved by the County, or within thirty (3 0) days after the request of the
County, whichever is sooner, the Owner shall dedicate to the County for public use for parks and
open space resources an 8 -acre park, (the "Park) more particularly shown as "Block 6" on sheet
4 of the Application Plan, dated May 21, 2012, revised September 6, 2013 and prepared by
Shimp Engineering, P.C. (the "Application Plan"). After it is dedicated to public use, the Park
may. continue to be included in Project for the purposes of calculating total area of green space
and amenities within the Project. The Park shall continue to be subject to the Architectural and
for ZMA 2012-00002. Any remaining green or open space
Property not
dedicated for public use shall be maintained by the Riverside Village Owner's Association. The
dedication of the Park shall be in fee simple. If the Park land is not dedicated as part of a site
plan or subdivision plat, the Owner shall pay the costs of surveying the land and preparing the
deed of dedication. The Owner shall construct trails through the Park area as shown on sheet 7
of 8 of the Application Plan, within six (6) months after the approval by the County of the first
subdivision plat or site plan applicable to any portion of Blocks 2 through 5 of the Project. The
trails shall be constructed to the standards for a Class B trail, as shown in the Design Standards
Manual.
2. Affordable Housine. The Owner shall provide ten (10) affordable housing units
("Affordable Housing Units") in the form of for -sale and/or for -rent condominium or apartment
units. The Affordable Housing Units shall be subject to the requirements as set forth in Section
VI of the Code of Development. The Affordable Housing Units shall be constructed within
Block 1 and/or Block 2, as shown on the Application Plan. Before the Owner applies for a
building permit for the fortieth (40th) residential unit within the Property, the Owner shall have
offered for sale or rent, as provided herein, six (6) Affordable Housing Units within the Project.
Before the Owner applies for a building permit for the fiftieth (50th) residential unit within the
Property, the Owner shall have offered for sale or rent, as provided herein, all ten (10)
Affordable Housing Units within the Project.
A. For -Sale Affordable Units. All purchasers of the for -sale Affordable
Housing Units shall be approved by the Albemarle County Housing Office or its
designee. The Affordable Housing Units will be designed for 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. The Owner shall provide
the County or its designee a period of ninety (90) days to identify and prequalify an
eligible purchaser for the affordable units. The ninety (90) day period shall commence
upon written notice from the Owner that the unit(s) will be available for sale. This notice
shall not be given more than sixty (60) days prior to receipt of the Certificate of
Occupancy for the applicable Affordable Housing Unit; the County or its designee may
then have thirty (30) days within which to provide a qualified purchaser for such
Affordable Housing Unit. If the County or its designee does not provide a qualified
purchaser during the ninety (90) 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). This proffer
shall apply only to the first sale of each of the for -sale affordable units.
B. For -Rent Affordable Units.
(1). Rental Rates. The initial net rent for each for -rent Affordable
Housing Unit shall not exceed the then -current and applicable maximum net rent rate
approved by the Albemarle County Housing Office. In each subsequent calendar year,
the monthly net rent for each for -rent Affordable Housing Unit may be increased up to
three percent (3%). For purpose of this proffer statement, the term "net rent" means that
the rent does not include tenant -paid utilities. The requirement that the rents for such for-
. 1 11 1 11 11 TT ',__ ______ ___1 ______, LL_ LL._
paragraph 2B 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 paragraph 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 paragraph 2B. At least thirty. (30) days prior to the
conveyance of any interest in any for -rent Affordable Housing Unit during the Affordable
Term, the then -current owner shall notify the County in writing of the conveyance and
provide the name, address and telephone number of the potential grantee, and state that
the requirements of this paragraph 2B(2) have been satisfied.
(3). Reporting Rental Rates. During the Affordable Term, within
thirty (30) days of each rental or lease term for each for -rent Affordable Housing Unit,
the then -current owner shall provide to the Albemarle County Housing Office a copy of
the rental or lease agreement for each such unit rented that shows the rental rate for such
unit and the term of the rental or lease agreement. In addition, during the Affordable
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.
3. Cash Proffer for Park Master Plan. Within one (1) year after the date that ZMA 2012-
00002 is approved, or within thirty (30) days after the request by the County, whichever is
sooner, the Owner shall make a cash contribution to the County in the amount of Thirty
Thousand Dollars ($30,000.00) for the purpose of funding a master plan for the Park (the "Park
Master Plan"). If the Park Master Plan is completed for less than Thirty Thousand Dollars
($30,000.00), any remaining funds may be retained by the County and used to fund construction
or maintenance of the park. Albemarle County at it's sole discretion may choose to use this cash
proffer ($30,000) toward improvements to the existing Darden Towe Park in lieu of onsite park
planning and improvements.
4. Frontage and Other Road Improvements. Contemporaneously with, and as part of,
frontage improvements along Stony Point Road (Rt. 20) in connection with the first subdivision
plat or site plan for the Property, the Owner shall construct all turn lanes and improvements to
the horizontal alignment, vertical alignment and cross-section of Stony Point Road (Rt. 20) as
shown in the Application Plan, to provide safe and convenient access to Riverside Village.
Improvements constructed in accordance with this proffer shall be designed and constructed to
applicable Virginia Department of Transportation ("VDOT") standards, including, without
limitation, VDOT's Geometric Design Standard for an Urban Collector Road as such standards
may be amended from time to time.
Contemporaneously with, and as part of the first subdivision plat or site plan for the Property,
Owner shall dedicate sufficient land along the frontage of Stony Point Road (Rt. 20) to permit
the future widening of Rt. 20 by others, as shown on the Application Plan. Owner shall pay the
costs of surveying the land, preparing a subdivision plat creating the parcel to be dedicated for
review and approval by the County, and for preparing the deed of dedication.
Certain road improvements and dedicated portions of property for such improvements described
in this Proffer 4 exceed those required for the development of the parcel and are for the benefit of
the public.
5. Cash Proffers for Residential Units.
Subject to the credits for in kind and cash contributions as outlined below, the Owner shall
contribute cash for each new residential unit that is not classified as an Affordable Housing Unit
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. The cash
contributions shall be at the following rates: Twenty Thousand Four Hundred Sixty and 51/100
dollars ($20,460.51) cash for each new single family detached dwelling unit, Thirteen Thousand
Nine Hundred Thirteen and 18/100 dollars ($13,913.18) cash for each new single family attached
or townhome dwelling unit, and Fourteen Thousand Four Hundred Ninety Seven and 77/100
dollars ($14,497.77 ) cash for each new multi -family dwelling unit. 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; 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 $971,189.00 (the "In-kind Contribution). The In-kind
Contribution reflects the value of the improvements that the Owner has committed to make in
these proffers that are 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 $971,189.00. In the event that the Project is completed prior to the balance of. the In-kind
Contributions being exhausted, no remaining balance of the In-kind Contribution may not be
applied for any other project or development.
Beginning January 1, 2014, the amount of the cash contribution required by this proffer 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 this proffer. 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, and the denominator of which shall be the MSI as of December 1 in the
OWNER:
Gordonsv' e Realty Investments, Inc.
By: Paul B. ening
Title: President
Tax Map and Parcel Number: 07800-00-00-05800
f
Date of Proffer:
Project Name
ZMA Number:
DRAFT PROFFER STATEMENT
Riverside Village
February 19, 2013
Riverside Village
201200002
Owner: Gordonsville Realty Investments, Inc.
200 Garrett Street, Suite O
Charlottesville, VA 22902
Existing Zoning: R1 -Residential
Zoning Requested: Neighborhood Model District (NMD)
Acreage of Parcel: 18.66
Magisterial District: Rivanna
Tax Map #(s): Tax Map 78 / Parcel 58
Legal Reference: Albemarle County Deed Book 4150 Page 020
Exhibit(s)/References: 1) Rezoning Application Plan for Riverside Village (sheets 1 through
9 dated ), prepared by Justin Shimp, P.E.
The Term "Owner" as referenced within this document shall include within its meaning the
owner, or owners, of record of the Property, or properties, and their successors in interest.
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property from the R1 District to the neighborhood Model District as requested, the
Owner shall develop the Property in accord with the following proffered development conditions
(each, a "Proffer," and collectively, the "Proffers"), which the Owner acknowledges are
reasonable, 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. If rezoning application
ZMA 201200002 is denied, these proffers shall immediately be null and void and of no force and
effect.
As used throughout these Proffers, the following capitalized terms shall have the following
meanings:
ATTACHMENT F
J�
"Design Standards Manual" shall refer to the Albemarle County Design Standards Manual, as
amended from time to time.
"Owners' Association" shall refer collectively to one or more responsible property owners'
associations to be created by the Owner for the purpose of, inter alia, maintaining common areas
within Riverside Village.
"Pantops Master Plan" shall refer to the Pantops Master Plan, approved by the Albemarle County
Board of Supervisors on March 17, 2008 as a portion of the Albemarle County Comprehensive
Plan.
"First Residential Building Permit" shall mean the building permit issued for the first residential
dwelling unit within the Property.
1. Park Land Dedication. Within five (5) years after the date that ZMA 201200002 is
approved by the County, or within thirty (30) days after the request of the County,
whichever is sooner, the Owner shall dedicate to the County for public use for parks and
open space resources an 8 -acre park, as further shown as "Block 6" on sheet 5 of the
Application Plan. After it is dedicated to public use, the Park shall continue to be
included in the total area of green space and amenities within the Property. At the time of
the conveyance and dedication, the Park land will be subject to the Architectural and
Landscape Standards for Riverside Village, as provided in the Code of Development.
Any remaining greenspace land within the Property that will not be dedicated to the
County for public use shall be maintained by the Riverside Village Owner's Association.
The dedication of the Park shall be a fee simple interest in such land. If the Park land is
not dedicated as part of a site plan or subdivision plat, the Owner shall pay the costs of
surveying the land and preparing the deed of dedication. The Owner shall construct the
trails through the 8.4 -acre Park area as shown on sheet 4 of 9 of the Application Plan,
within six (6) months after the approval by the County of the first subdivision plat or site
plan applicable to any portion of blocks 2 through 5. The trails shall be constructed to the
standards for a Class B trail, as shown in the Design Standards Manual.
2. Affordable Housing. The Owner shall provide affordable housing equal to
fifteen percent (15%) of the total residential units constructed on the Property, in the form
of for -sale and/or for -rent condominium or apartment units. The affordable housing units
shall be subject to the requirements as set forth in Section VI of the Code of
Development. A Site Plan or subdivision plat for Block 1 shall designate the 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.
ATTACHMENT F 2�
The Owner shall convey the responsibility of constructing the affordable units to
the subsequent owners lots within Block 1. The subsequent owner/builder shall create
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. All purchasers of the for -sale affordable
units shall be approved by the Albemarle County Housing Office or its designee. The
subsequent ownerlbuilder shall provide the county or its designee a period of ninety (90)
days to identify and prequalify an eligible purchaser for the affordable units. The ninety
(90) day period shall commence upon written notice from the then -current owner/builder
that the unit(s) will be available for sale. If the County or its designee does not provide a
qualified purchaser during the ninety (90) day period, the then -current ownerlbuilder
shall have the right to sell the unit(s) without any restriction on sales price or income of
the purchaser(s). This proffer shall apply only to the first sale of each of the for -sale
affordable units.
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 approved 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 purpose 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 -rents for such for -rent affordable
units may not exceed the maximum rents established in this paragraph 2B shall apply for
a period of five (5) 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 paragraph 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 paragraph 2B. At least thirty (30) days prior to the conveyance of any
interest in 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 paragraph 2B(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 -
ATTACHMENT F
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.
3. Cash Proffer for Park Master Plan. Within one (1) year after the date that ZMA
201200002 is approved, or within thirty (30) days after the request by the County,
whichever is sooner, the Owner shall make a cash contribution to the County in the
amount of thirty thousand dollars ($30,000.00) for the purpose of funding a master plan
for the 8 -acre park land shown in Block 6 of the Application Plan. If the Park Master
Plan is completed for less than thirty thousand dollars ($30,000.00), any remaining funds
may be retained by the County and used to fund parks and recreation projects and
improvements as described in paragraph 4.
4. Cash Proffer for Park Projects. For each dwelling unit constructed on the Property, the
Owner shall contribute cash to Albemarle County for funding parks and recreation
projects and improvements identified on the County's Capital Improvements Program
within the Park Area (Block 6) in general accord with the Park Master Plan as available
funding allows, as follows: five hundred dollars ($500.00) for each dwelling unit. The
Owner shall receive a "credit" against the first thirty thousand dollars ($30,000.00) that
would otherwise be owed to the County pursuant to this paragraph 4, in recognition of the
cash proffer referenced in paragraph 3. In the event the cash proffer referenced in
paragraph 3 is not sufficient to fund the Park Master Plan, the County may apply a
portion of the cash proffer described in this paragraph 4 as required to fully fund the Park
Master Plan. If the County determines it to be a more reasonable use of funds, the
County may substitute facilities shown on the Park Master Plan or locate facilities shown
on the Park Master Plan elsewhere in the Pantops Growth Area. The cash contribution
for each dwelling unit shall be paid at the time of the issuance of the building permit for
such dwelling unit.
5. Frontage Improvements. Contemporaneously with, and as part of, frontage
improvements along Stony Point Road (Rt. 20) required in connection with any
subdivision plat or site plan for the Property, the Owner shall construction such turn lanes
and improvements to the horizontal alignment, vertical alignment and cross-section of
Stony Point Road (Rt. 20) as shown in the Application Plan, and as reasonably necessary
to provide safe and convenient access to Riverside Village; provided, however, that the
Owner's responsibility under this Proffer shall be limited to the extent of the Property's
frontage only. Improvements constructed in accordance with this proffer shall be
designed and constructed to applicable VDOT standards, including, without limitation,
VDOT's Geometric Design Standard for an Urban Collector Road as such standards may
be amended from time to time
ATTACHMENT F ��
The undersigned Owner hereby proffers that the use and development of the Property
shall be in conformance with the proffers and conditions herein above. This document
shall supersede all other agreements, proffers or conditions that may be found to be in
conflict. The Owner agrees that all proffers shall be binding to the property, which means
the proffers shall be transferred to all future property successors of the land.
WITNESS the following signature:
Gordonsville Realty Investments, Inc.
In
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of 2013
by Paul Manning, Owner of Gordonsville Realty Investments, Inc, a Virginia Corporation.
My Commission expires:
Notary Public
ATTACHMENT F�