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Home My WebLink AboutZMA201300016 Action Letter and Proffers 2015-02-190. Wev I 1i', w Mou i i. " - COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 February 13, 2015 Scott Collins - Collins Engineering 200 Garrett Street, Suite K Charlottesville, Va 22902 RE: ZMA201300016- Avinity II (Signs 58, 60 & 62). TAX MAP /PARCELS: 091000000016A0, 091000000016CO3 091000000016E0, 09100000001400(portion) Dear Mr. Collins: The Board of Supervisors approved your rezoning application on October 1, 2014. Your request to rezone a total of 11.886 acres to permit development of 102 maximum residential units, including townhouses and attached and detached single family was approved by the Board's adoption of the attached ordinance. Please refer to the documents cited in this adopted resolution (also attached) for any future applications and requests on this property. In addition to the above rezoning, the Board of Supervisors approved your request for a special exception for the building separation requirements in accordance with the attached resolution and subject to the following conditions: The applicant shall submit a revised subdivision plat that shows an eight (8) foot maintenance easement between structures to allow residents to maintain their units. 2. The minimum building separation shall be ten (10) feet with architectural features and building overhangs allowed to encroach into the setback no further than one foot. 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 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. If you have questions or comments regarding the above -noted action, please do not hesitate to contact Rebecca Ragsdale at 296 -5832. Sincerely, David Benish Chief of Planning cc: Riverbend Development, Inc. 321e. Main Street Charlottesville, Va 22902 Avon Properties LLC P O Box 1467 Charlottesville Va 22902 Email CC: Rebecca Ragsdale, Zoning Elise Hackett, GDS ATTACHMENT 4 ORDINANCE NO. 14 -A(4) ZMA 2013 -00016 AN ORDINANCE TO AMEND THE ZONING MAP FOR TAX MAP AND PARCEL NUMBERS 09100- 00- 00- 016A0, 09100- 00- 00- 016CO3 09100- 00- 00- 016E0, AND 09100 -00 -00 -01400 (PORTION) WHEREAS, the application to amend the zoning map for Tax Map and Parcel Numbers 09100-00-00 - 016A0 ( "Parcel 16A "), 09100- 00- 00 -016CO ( "Parcel 16C "), 09100- 00- 00 -016EO ( "Parcel 16E "), and 09100- 00 -00- 01400 ( "Parcel 14 ") (portion) is identified as ZMA 2013 - 00016, Avinity II ( "ZMA 2013 - 00016 "); and WHEREAS, Parcels 16A, 16C and 16E are zoned Residential (R -1) and Parcel 14(portion) is zoned Planned Residential District (PRD); and WHEREAS, ZMA 2013 -00016 proposes to rezone Parcels 16A, 16C, and 16E to Planned Residential District (PRD) with proffers and an application plan, to allow the development of 102 maximum residential units, including townhouses and attached and detached single family dwellings; and WHEREAS, ZMA 2013 -00016 also proposes to amend the application plan for a portion of Parcel 14, as depicted on the application plan, which was approved as part of ZMA 2006 -005 Avinity I Phase IV, to replace a 24 -unit condominium building with a maximum of eight townhouses; and WHEREAS, on August 19, 2014, after a duly noticed public hearing, the Planning Commission recommended approval of ZMA 2013 - 00016, with recommended technical revisions to the proffers and the application plan, which have since been satisfactorily addressed; and WHEREAS, on November 12, 2014, the Albemarle County Board of Supervisors held a duly noticed public hearing on ZMA 2013 - 00016. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon consideration of the executive summary and staff report prepared for ZMA 2013 -00016 and their attachments, including the proffers and the application plan, the information presented at the public hearing, the material and relevant factors in Virginia Code § 15.2 -2284, and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2013 -00016 with the proffers dated October 30, 2014, and the application plan entitled " Avinity II Planned Residential Development (PRD) Application Plan," last revised October 13, 2014, and the zoning map for Tax Map and Parcel Numbers 09100- 00- 00- 016A0, 09100 - 00- 00- 016CO3 09100- 00- 00- 016E0, and 09100 -00 -00 -01400 (portion) are amended accordingly. RESOLUTION TO APPROVE SPECIAL EXCEPTION FOR ZMA 2013 - 00016, AVINITY II WHEREAS, Wallace B. Hughes is the owner of Tax Map and Parcel Number 09100- 00- 00- 016A0, Moss Acquisitions, LLC is the owner of Tax Map and Parcel Number 09100- 00- 00- 016CO3 and Avon Properties, LLC is the owner of Tax Map and Parcel Number 09100- 00- 00 -016EO and a portion of Tax Map and Parcel Number 09100- 00 -00- 01400; all of the owners of such parcels are referred to herein collectively as the "Owner" and the parcels are referred to herein collectively as the "Property "; and WHEREAS, the Owner filed an application to amend the zoning map for the Property, which rezoning application is identified as ZMA 2013 - 00016, Avinity II ( "ZMA 2013- 00016 "); and WHEREAS, on August 19, 2014, the Planning Commission recommended approval of ZMA 2013 -00016 with certain conditions, including the approval of a special exception to modify the building separation requirements under County Code § 18- 8.2(b)(4). NOW, THEREFORE, BE IT RESOLVED that, upon consideration of the foregoing, the executive summary prepared in conjunction with the application, and its supporting analysis included on pages 9 and 10 of the executive summary, and all of the factors relevant to the special exception in Albemarle County Code §§ 18- 8.2(b)(4) and 18 -33.8, the Albemarle County Board of Supervisors hereby approves the special exception to authorize the modification of the building separation requirements under County Code § 18- 8.2(b)(4), subject to the conditions attached hereto. ZMA 2013 -00016 Avinity II Special Exception Conditions The applicant shall submit a revised subdivision plat that shows an eight (8) foot maintenance easement between structures to allow residents to maintain their units. 2. The minimum building separation shall be ten (10) feet with architectural features and building overhangs allowed to encroach into the setback no further than one foot. Original Proffers X October 30, 2014 PROFFER STATEMENT ZMA No, 2013 -016 Avinity II Tax Map and Parcel Number(s): 09100- 00- 00- 016A0, 09100- 00- 00- 01.6CO3 09100- 00- 00- 016E0, and portion of 09100- 00 -00- 01400. Owner(s) of Record: Wallace B. Hughes; Moss Acquisitions, LLC; and Avon Properties, LLC Date of Proffer Signature: October 30, 2014 13.453 acres to be rezoned from R -1 & PRD to PRD Wallace B. Hughes is the owner of Tax Map and Parcel Number 09100- 00- 00- 016A0; Moss Acquisitions, LLC is the owner of Tax Map and Parcel Number 09100- 00- 00- 016C0; and Avon. Properties, LLC is the owner of Tax Map and. Parcel Number 09100- 00- 00 -016EO and 09100- 00 -00- 01400, a portion of which is subject to this zoning map amendment; all the owners of such parcels are referred to herein, collectively as the "Owner" and the parcels are referred to herein collectively as the "Property.." The Property is the subject of the rezoning applicationZMA 2013 -016, for a project to be known as "Avinity II" (the "Project "), which includes an application plan prepared by Collins Engineering entitled, "Avinity H Planned Residential Development (PRD) Application Plan" and With latest revision date ofOctober 13, 2014 (the "Application Plan'). Pursuant to Section 33 of the Albemarle County Zoning Ordinance, 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 proposed rezoning, and the Owner acknowledges that the conditions are reasonable. 1. 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 map amendment for the purposes of addressing the fiscal impacts of development on the County's public facilities and infrastructure, i.e., schools, public safey, libraries, parks and transportation. For the purposes of this Proffer 1, the number of units allowed by right under the applicable zoning is twelve (12). A "market rate" unit is any unit in the Project that is not considered an Affordable Dwelling Unii as defined in Proffer 2. The cash contributions shall be Twenty Thousand, Four Hundred Sixty and 57/100 Dollars ($20,460.57) cash for each single family detached dwelling unit, other than an Affordable Dwelling Unit within the Project. In other words, the cash contributions for the "market rate" single family units shall begin after a building permit for the twelfth (12) market rate "unit is obtained. The cash contributions shall be Thirteen Thousand Nine hundred thirteen and 18 /100 Dollars ($13,913.18) cash for each single family attached or townhouse dwelling unit, other than an Affordable Dwelling Unit within the Project qualifying as such under Proffer 2. The cash contribution shall be. paid at the tune of the issuance of the building permit for each new unit, unless the timing of the payment is otherwise specified by state law. Page 1 of 4 2. Affordable Housine. The Owner shall provide affordable housing equivalent to fifteen percent (15 %) of the total residential units constructed on the Property. The Owner or its successors hi interest reserve the right to meet the affordable housing objective through a variety of housing types, or through cash contributions, as more particularly described below, For the purposes of this Proffer 2, "Affordable Dwelling Unit" shall mean any unit 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 Hoiising) such that housing costs consisting of principal, hnterest, real estate taxes and homeowners insurance (PITD do not exceed thirty percent (30 %) of the gross household income; provided, however, -that iri 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 2(A)(1) hereof (the "VI-IDA Limit "), A. For -Sale Affordable. Dwelling Units. The Owner may meet the 150)o affordable housing objective by constructing all. or a portion of the Affordable Dwelling Units, The Owner shall impose by contract the responsibility herein of constructing and selling the Affordable Dwelling Units to any subsequent owner or developer of the Property (or any portion thereof). Such subsequent owner(s) and/or developer(s) shall succeed to the obligations of the Owner under. this Proffer 2; and the term "Owner" shall refer to such subsequent owner(s) and /or developer(s), as applicable. (1) Role of County Housing Office. All purchasers of the for -sale Affordable Dwelling 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 Dwelling 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 hi this Proffer 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 Dwelling 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 Dwelling 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 2, This Proffer 2 shall apply only to the first sale of each of the for - sale Affordable Dwelling Units, For the purposes of this Proffer 2, such Affordable Dwelling Units shall be deemed to have been provided when the subsequent Owner /builder provides written notice to the Albemarle County Office of Housing or its designee that the units) will be available for sale, (2) Trackin . Each subdivision plat and site plan for land within the Property shall: i) designate the lots or units, as applicable, that will constitute Affordable Dwelling Units within such subdivision plat or site plan and ii) contain a rmuiing talley of the Affordable Dwelling Units either constructed or contributed for under this Proffer 2. B. Cash In Lieu of Constructing Affordable Dwelling Units. If at any time prior to the County's approval of any initial site plan or subdivision plat for the Property which includes one or more Page 2 of 4 10 for -sale Affordable Dwelling Units, the Housing Office. informs the then - current Owner in writing that it may not have a qualified purchaser for one or more of the for -sale Affordable Dwelling Units at the time that the then - current Owner /builder expects the units to be completed and that the Housing Office will instead accept a cash, contribution to the Housing Office to support affordable housing programs in the amount of Twenty -one Thousand One Hundred Twenty -Five Dollars ($21,125.00) in lieu of each Affordable Dwelling Unit(s), then the then - current Owner /builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the unit(s) that were originally planned to be Affordable dwelling Units, and 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). C. Prior to the issuance of the forty- eighth (48 ") building permit for a market rate dwelling unit within the Property, the then - current Owner/builder shall obtain certificates of occupancy for (or make an Affordable Housing Credit payment on account of) seven (7) Affordable Dwelling Units within the Property. Prior to the issuance of the ninety -sixth (96th) building permit for a market rate dwelling unit within the Property, the then - current Owner /builder shall obtain certificates of occupancy for (or make an Affordable Housing Cash Payment on account of) seven (7) additional Affordable Dwelling Units within the Property. Prior to the issuance of the final building permit for a market rate dwelling unit within the Property, the Owner shall obtain certificates of occupancy for (or make an Affordable Housing Cash Payment on account of) all of the remaining required Affordable Dwelling Units within the Property. 3. Cost Index. Beginning January 1, 2015, the amount of each cash contribution required by Proffers 1 and 2 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 MST 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 $20,460.57 x 2015 MSI/2014 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 3 (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 $20,460.57 per single family detached dwelling unit. and $13,913.18 per single family attached or townhouse dwelling unit under Proffer 1 or $21,125.00 per Affordable Dwelling Unit under Proffer 2 (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. 4. Road Improvements. If requested by *the Avinity Home Owner's Association, ( "HOA "), and so long as such request meets all requirements of applicable health and safety rules or regulations of the County and its emergency response agencies, the Owner shall install traffic calming, speed humps (or raised cross- walks) in up to four (4) locations along Avinity Loop, generally in the areas shown on the Application Plan. The Avinity HOA shall have two (2) years from the issuance of the forty- eighth (48th) building permit for a market rate dwelling unit within the Property to. request that the Owner install such traffic calming speed humps along Avinity Loop. If the HOA does not request speed bumps as provided herein, within (2) years of the issuance of the forty- eighth (48th) building permit for a market rate dwelling unit Page 3 of 4 11 within the Property, the Owner shall be relieved of installing speed bumps,,and this Proffer 4 shall be fully satisfied. 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: OWNER: Moss Acquisitions, LLC, a Virginia limited liability company R. Coran Capshaw, President Wallace.B. Hughes By: Wallace B. Hughes Avon Properties, LLC, a Virginia limited liability company By: R. Coran Capshaw, President 12 Page 4 of 4 within the Properly, the Owner shall be relieved of installing speed bumps, and this Proffer 4• shall be fully satisfied. 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: OWNER: Moss Acquisitions, LLC, a Virginia limited liability company By: Alan R. Taylor, Manager Wallace B. Hughes By :� Wallace B. Hughes Avon c� Avon Properties, LLC, a Virginia limited liability company / / In Alan R. Taylor, Manager Page 4 of 4 13