HomeMy WebLinkAboutSP201300001 Review Comment 2013-11-25-b
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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
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 Cil' berg
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 land within the 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-
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 511100
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. nning
Title: President
Tax Map and Parcel Number: 07800 -00 -00 -05800