HomeMy WebLinkAboutZMA201300012 Proffers - not signedPROFFER STATEMENT
RIVANNA VILLAGE
Date: April _ , 2014
ZMA #: 2013-00012
Tax Map Parcel #: 07900-00-00-025A0, 08000-00-00-04600, 08000-00-00-046A0, 08000-
00-00-046CO3 08000-00-00-046D0, 08000-00-00-046E0, 08000-00-00-
05000, 08000-00-00-05100, 08000-00-00-052A0, 08000-00-00-055A0,
093A1-00-00-00300, 093A1-00-00-00400, & 093A1-00-00-00200 (the
"Property")
Rezone two parcels totaling 1.76 acres from Rural Areas (RA) to Neighborhood Model
Development (NMD), and rezone eleven parcels totaling 93.0 acres (by current plat, or 94.05
acres by County Assessor's records) from NMD to NMD.
Total Land Area: 94.76 acres by current plat (95.81 acres by County Assessor's Records)
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 Rivanna
Village (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 of record and successors in interest
of parcels 07900-00-00-025A0, 08000-00-00-04600, 08000-00-00-046A0, 08000-00-00-046CO3
08000-00-00-046D0, 08000-00-00-046E0, 08000-00-00-05000, 08000-00-00-05100, 08000-00-
00-052A0, 08000-00-00-055A0, 093A1-00-00-00300, and 093A1-00-00-00400.
Although tax map parcel 093A1-00-00-00200 is part of the Property that is subject to the ZMA,
neither such parcel, nor the owner thereof shall be subject to the terms, conditions, and
obligations imposed by this proffer statement.
The Application Plan shall refer to that certain Application Plan prepared by Terra Concepts
dated July 15, 2013, last revised December 16, 2013 (the "Application Plan"). The Code of
Development shall refer to the Code of Development for Rivanna Village dated April , 2013
(the "Code of Development").
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.
This proffer statement shall supersede and replace in all respects the proffer statement approved
by the Board of Supervisors on June 13, 2007 in connection with ZMA 2001-00008.
1. Community Development Authority Participation: To mitigate impacts from this
development, the Owner shall, upon request by the County (such request to be made by the
County within 90 days of ZMA approval), petition for and consent to any lot or unit (as the case
may be) designated on the Application Plan for non-residential uses to participate in a
Community Development Authority ("CDA") established pursuant to Section 15.2-5152, et seq.
of the Code of Virginia ("Code").
The CDA, if created, will be created for the purpose of implementing transportation
improvements located along Route 250 East between the Property and the Interstate 64
interchange to the west. In the event that a lot or building, as designated in the final and
approved Application Plan, contains both residential and non-residential units, only the non-
residential units shall participate in the CDA.
2. Cash Proffer for Capital Improvements: In order to mitigate impacts from this
development, the Owner shall contribute cash for each market rate residential unit constructed
within the Property to Albemarle County for the stated purpose of either funding traffic
improvement projects within or immediately adjacent to the Village of Rivanna as identified in
the County's Capital Improvements Program or school projects at Stone -Robinson Elementary
School, Burley Middle School, and Monticello High School as identified in the County School's
Capital Improvements Program.
The cash contributions shall be at the following rates: Three Thousand, Five Hundred Dollars
($3,500.00) for each single family detached unit, Three Thousand Dollars ($3,000.00) for each
townhouse unit or other single family attached unit, and Two Thousand, Five Hundred Dollars
($2,500.00) for each multifamily unit. Residential units paying cash in lieu of an affordable
dwelling unit as provided in paragraph 9, and other affordable dwelling units shall be exempt
from this paragraph 2. The cash contribution shall be paid after completion of the final
inspection and prior to issuance of the certificate of occupancy for such applicable residential
dwelling unit.
If the cash contribution has not been exhausted by the County for the stated purposes within ten
(10) years from the date of the issuance of the last residential building permit within Rivanna
Village, all unexpended funds shall be applied to any public project or program serving the
Village of Rivanna.
Annual Adjustment of Cash Proffers.
Beginning January 1, 2014, 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 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
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preceding calendar year and 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.
3. Route 250 and Eastern Entrance Improvements: To mitigate traffic impacts, the
Owner shall either construct left and right turn lanes on Route 250 at the eastern entrance to the
Property or bond these improvements prior to approval of the first site plan or subdivision plat
for the development.
The Owner shall install the traffic signalization required by the Virginia Department of
Transportation ("VDOT") at the intersection of Route 250 for the eastern entrance to the
Property at such point in time that VDOT traffic signalization warrants are met and VDOT
requests the installation of such signal, provided that such request from VDOT is made prior to
the completion of Rivanna Village, which for the purposes of this paragraph shall be deemed to
be the later of (i) the date of approval and recordation of the subdivision plat creating individual
residential lots in the final block permitting residential lots or (ii) the date of final site plan
approval for the final undeveloped block within the Property.
4. Route 250 and Glenmore Way Improvements: THE REQUIREMENTS OF THIS
PARAGRAPH 4 HAVE BEEN SATISFIED. To mitigate traffic impacts, the Owner shall
install any traffic signalization required by VDOT at the existing intersection of Route 250 and
Glenmore Way at such point in time that VDOT traffic signalization warrants are met and
VDOT requests the installation of such signal provided that such request from VDOT is made
prior to the completion of Rivanna Village, which for the purposes of this paragraph shall be
deemed to be the later of (i) the date of approval and recordation of the subdivision plat creating
individual residential lots in the final blocks permitting residential lots or (ii) the date of final site
plan approval for the final undeveloped block within the Property.
5. Construction of Steamer Drive Improvements: The Owner's obligation to construct
the improvements on TMP 093A1-00-00-00200, including the sidewalk and pedestrian pathway
shown within such parcel on the Application Plan, shall be deemed satisfied when construction is
complete or if the owners of TMP 093A1-00-00-00200 do not grant the required easements or
other interests in the land so as to permit the construction and maintenance of such
improvements prior to County approval of the final site plan or subdivision plat for the lands
immediately adjacent to these improvements. Failure of the owners of TMP 093A1-00-00-
00200 to grant the required easements shall not relieve the Owner of the obligation to provide
stormwater management for Blocks A and H and, if the required easements are not provided,
alternative stormwater management (to be consistent with the stormwater requirements for the
overall project) will be provided which does not compromise the design of Blocks A and H.
6. Construction and Dedication of Parks and Recreation Improvements: To mitigate
impacts on existing public facilities, the Owner, at its expense, shall, at the request of the
County, engineer, construct, and dedicate in fee simple to the County a park comprised of
approximately 18.4 acres located in Block J and park improvements to be located in Block J (the
"Community Park"). The improvements to be constructed in Block J are set forth in the Code of
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Development (the "Park Improvements"). The Park Improvements shall be built or bonded prior
to the issuance of the Certificate of Occupancy for the 137th residential unit within the Property.
The Owner shall dedicate the Community Park to the County upon completion of the Park
Improvements or earlier upon request of the County. If dedicated prior to completion of the
required Park Improvements, the responsibility for implementation of this proffer shall run with
the residue of the Property. The Owner and the County acknowledge that the County may
assume responsibility for maintenance for completed portions of the Community Park prior to
dedication. The Owner and the County further acknowledge that the Owner proffers the
Community Park subject to the County passing a resolution concurrent with ZMA approval,
whereby proffer number 2 of ZMA-79-016 is deemed satisfied.
To further mitigate impacts on existing public facilities, the Owner, at its expense, shall, at the
request of the County, engineer, construct and dedicate in fee simple to the County additional
open space areas containing approximately 13.26 acres in the aggregate as shown on the
Application Plan (the "Linear Park Areas"). The Owner shall dedicate individual portions of the
Linear Park areas upon the completion of such areas as they are constructed as part of the
improvements within the block within which the areas are located, or later as may be required by
the County.
If the land to be dedicated to the County for either the Community Park or the Linear Park Areas
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 deeds of dedication. The Owner shall construct the trails
through the Linear Park Areas within twelve (12) months after the approval by the County of the
first subdivision plat or site plan applicable to any portion of a block within with the trails are
located.
7. Route 250 Landscape Buffer and Right of Way Dedication: To establish a landscaped
buffer along the Route 250 entrance corridor and accommodate potential future improvements to
Route 250, the Owner shall establish a minimum seventy (70) foot reservation zone (the
"Reservation Zone" and thirty (30) foot landscape buffer along Route 250 (the "Landscape
Buffer") as shown on the Application Plan, the use and maintenance of which is described in the
Code of Development. The Reservation Zone and Landscape Buffer shall be reserved for public
use and dedicated upon the request of the County, subject to the terms of the Code of
Development. Prior to dedication of the Reservation Zone and the Landscape Buffer, the Owner
shall maintain the existing vegetation within the Reservation Zone and Landscape Buffer subject
to the following conditions: (a) the Owner retains the right to remove trees and undergrowth
where necessary to maintain a groomed edge in the Reservation Zone; (b) the terms of the Code
of Development of this Proffer Statement; (c) any requirements of the County Architectural
Review Board; and (d) any disturbance required as part of any improvements being made to
Route 250 or construction of the entrance to the Project from Route 250. Utilities allowed in the
Reservation Zone and Landscape Buffer are limited to those approved by the Director of
Community Development (or designee) that do not preclude or conflict with entrance corridor
landscaping requirements. Standards for landscaping within the Reservation Zone may be
established by the ARB during the Certificate of Appropriateness process where development is
subject to ARB review. Landscaping within the Landscape Buffer shall be subject to ARB
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review, and shall be installed in conjunction with the widening of Route 250 (or sooner, if
desired by the Owner). Nothing herein shall preclude the Owner or designee from adding
landscaping to the Landscape Buffer prior to the widening of Route 250 to screen and/or buffer
new homes within the Project from Route 250 as needed in the Owner's discretion. Once
planted, the Landscape Buffer and all landscaping therein shall be maintained by the
Homeowners' Association of Rivanna Village.
After dedication and until the subject regional transportation improvements are funded for
construction, the Owner shall, at the request of the County, maintain the Reservation Zone and
Landscape Buffer until requested by the County to no longer do so; provided, however, during
the period of Owner maintenance, the Owner shall enjoy the right of exclusive use of the
Reservation Zone and Landscape Buffer for purposes of landscaped open space, signage, utilities
and/or other purposes described in the Code of Development. Upon being requested by the
County to forego maintenance of the Reservation Zone and Landscape Buffer, the Owner shall
cease all use of the Reservation Zone and Landscape Buffer and remove, to the extent requested
by the County, all improvements constructed or installed by the Owner within the Reservation
Zone and Landscape Buffer.
8. Landscape Buffer Along Glenmore Way: To mitigate impacts to Glenmore Way, the
Owner shall provide a minimum seventy (70) foot landscape buffer along Glenmore Way as
shown on the Application Plan and regulated by the Code of Development.
9. 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 units, subject always to the terms and conditions contained herein (the
"Affordable Housing Requirement"). A site plan or subdivision plat shall designate the units, as
applicable, that will, subject to the terms and conditions of this paragraph 9, incorporate
affordable units as described herein. The Owner shall convey the responsibility of constructing
the affordable units to the subsequent owner of the lots or Blocks where the affordable units will
be located. 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
owner/builder 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. This notice shall not be given more than sixty (60) days prior to receipt of the
Certificate of Occupancy for the applicable unit. If the County or its designee does not provide a
qualified purchaser during the ninety (90) -day period, 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).
This paragraph shall apply only to the first sale of each of the for -sale affordable units.
B. For -Rent Affordable Units.
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(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 -rent affordable units may not exceed the maximum rents established in
this paragraph 9B 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 9B. 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 9B. 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 9B 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, then 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 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 Affordable Units. Nothing herein shall be construed to prohibit
the Owner from providing cash to the County for affordable housing initiatives in lieu of
constructing all or some of the affordable housing units within the Project that would be required
to achieve the Affordable Housing Requirement. In the event that the Owner elects in its
discretion to provide cash to the County as an alternative to constructing one or more of the
affordable dwelling units that would be required to achieve the Affordable Housing
Requirement, the Owner shall contribute cash to the County in the amount of Twenty -One
Thousand, One Hundred Fifty Dollars ($21,150) instead of constructing each such required
affordable dwelling unit. Such payment shall be made after completion of the final inspection
and prior to issuance of the certificate of occupancy for any such unit for which payment in lieu
of constructing affordable housing is made. Any unit for which such contribution is made to the
County shall count as an affordable dwelling unit for purposes of this paragraph 9 and also for
purposes of paragraph 2.
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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.
21439587_6
WITNESS the following signature:
RIVANNA VILLAGE, LLC
Andrew Boninti, Manager
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