HomeMy WebLinkAboutSP200800045 Legacy Document 2008-11-20COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
November 21, 2008
Wendell Wood
PO Box 5548
Charlottesville, VA 22905
RE: ZMA2008-000041 SP2008-00045 / SP2008-00046 NGIC Expansion
Tax Map 33, Parcel 1 D (portion)
Dear Mr. Wood:
On November 12, 2008, the Albemarle County Board of Supervisors approved your rezoning
amendment request (ZMA 2008-00004) to amend a proffered plan for ZMA2007-003 to allow an
additional 22,100 square feet of basement storage area in Building #1 and an additional 44,200
square feet of basement storage area in Building #2 in two 4 -story buildings of 89,400 square
feet each. This request was approved in accordance with the attached revised proffers dated
October. 16, 2008 and signed on October, 21, 2008. Please refer to this document for any future
applications and requests on this property.
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 conditions of the SPECIAL USE PERMITS;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
The Board also approved two concurrent special use permits: SP 2008-045, an amendment to
SP 2007-031, to allow relocation on the property of a 3 -story, 120 unit apartment building with
the following condition:
A maximum number of one hundred twenty (120) apartment units shall be permitted.
and SP 2008-46, an amendment to SP 2007-032, to allow revision of research and
development uses in the proposed office buildings with the following conditions:
Future research, development/laboratory tenants will be subject to approval of a certified
engineer's report prior to final site plan approval or occupancy, depending on timing, and
2. If any discharge of other than domestic wastes into the public sewer system is expected,
the Albemarle County Service Authority (ACSA) shall be so notified prior to site plan
approval.
Please be advised that although the Albemarle County Board of Supervisors took action
on the projects 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 conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which these special use permits is issued is not
commenced within twenty-four (24) months from the date of Board approval, it shall be deemed
abandoned and the permit terminated. The term "commenced" means "construction of any
structure necessary to the use of the permit."
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296-5832.
Sincerely, ,
V. Wayne im
Director Planning
Cc: Next Generation L L C P O Box 5548 Charlottesville, VA 22905
Scott Collins 800 East Jefferson Street Charlottesville, VA 22902
PROFFER STATEMENT
NGIC EXPANSION
Date: October 16, 2008
ZMA 2007-003; SP 2007-32 Residential & SP 2007-31 Research & Development Labs
Tax Map Parcel # 33-1D and 33-1F (portion of)
Existing Zoning: CO
Zoning: CO: SP 2007-32 Residential & SP 2007-31 Research & Development Labs
Total Land Area: 15 Acres
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby
voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered plans
approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that the
conditions are reasonable.
1. Affordable housing
The Owner shall provide a minimum of eighteen (18) of the residential units as affordable. The affordable housing shall
be provided by making these units available for lease under the terms provided in the following paragraph and
paragraphs A through F below or by payment of $19,100 in lieu of each required unit under the terms provided in
paragraph G below.
For a period of ten (10) 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"), such units shall be leased to households with incomes less than the
Affordable Unit Qualifying Income.
A. Affordable housing and rental rate. "Affordable housing" shall mean rental units for which the initial gross rents
does not exceed one hundred twenty (120) % of the fair market rent published by the U.S. Department of Housing
and Urban Development (HUD) with a maximum annual increase not to exceed three percent (3%) during the
affordability term. Tenant rent shall be the gross rent less the cost of tenant -paid utilities as provided by the
Albemarle County Office of Housing.
B. Affordable term. The requirement that the rents for such for -rent affordable units may not exceed the maximum
rents established in this Proffer shall apply for a minimum period of ten (10) years following the date a certificate
of occupancy is issued by the County (the "compliance date"), or until the units are sold as low or moderate cost
units qualifying as such under Albemarle County Affordable Housing Policy (the "Affordable Term"); provided
that if the units are leased by the Owner to a federal agency, the compliance date for providing the affordable
residential units begins on the day after the termination of such lease of residential units) between the Owner and a
federal agency. The Owner shall provide the County's zoning administrator thirty (3 0) days' prior written notice of
the impending termination of the lease. The Owner also shall submit between June 1 and July 1 of each year
satisfactory written evidence to the County's zoning administrator that the residential units are being leased to a
federal agency and occupied by employees of, or contractors to, a federal agency, and state whether the lease will
terminate in the upcoming July 1 to June 30 period and, if so, state the date. The failure of the Owner to submit
such evidence by July 1 in any year shall be deemed to be evidence that the lease between the Owner and the
federal agency has terminated and the Owner shall comply with all requirements of this Proffer.
C. Conveyance of interest. All instruments conveying any interest in the for -rent affordable units from the date of this
rezoning and continuing until the Affordable Term has ended shall contain language reciting that such unit is
subject to the terms of this Proffer. 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 disclosure of the restrictions and
controls established by this Proffer. At least thirty (30) days prior to the conveyance of any interest (other than for
the securing of a mortgage or deed of trust) in any for -rent affordable unit during the Affordable Term, the then -
current owner shall notify the Albemarle County Chief of Housing or.his successor in writing of the conveyance
and provide the name, address and telephone number of the potential grantee, and state that the requirements of
this Proffer have been satisfied.
D. Reporting rental rates. During the Affordable Term, within thirty (30) days after the commencement of the lease
term for each for -rent affordable unit, the Owner shall provide to the Albemarle County Housing Office or its
successor a copy of the lease agreement for each such unit rented that shows the rental rate for such unit and the
term of the lease. In addition, during the Affordable Term, the Owner shall provide to Albemarle County, if
requested, any reports, copies of lease agreements, or other data pertaining to rental rates as Albemarle County
may reasonably require.
E. Inspection of records. The County shall have the right, upon reasonable notice and subject to all applicable
privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of
assuring compliance with this proffer.
F. Units counted once. No for -rent affordable unit may be counted more than once towards the number of for -rent
affordable dwelling units required by this Proffer.
G. Cash in lieu of providing for -rent affordable units. Notwithstanding the foregoing, the County may opt to receive a
cash contribution in the amount of nineteen thousand one hundred dollars ($19,100) per for rent affordable unit and
notify the Owner in writing of its decision within thirty (30) days of the issuance of the building permit for such
residential unit. The Owner shall make a cash contribution to the County in the appropriate amount prior to or at the
time of issuance of a certificate. of occupancy for such residential unit. Upon receipt of such payment by the
County, the Owner shall have the right to lease or sell the residential unit without any obligation to comply with the
requirements of paragraphs A through F of this Proffer.
1. Cash to address impacts to public facilities (CIP)
The Owner shall contribute twelve thousand four hundred dollars ($12,400) cash to the County for each market rate
dwelling unit constructed within the Property for the purpose of mitigating impacts from the Project. The cash contribution
shall be used for schools, libraries, fire, rescue, parks or any other public use as identified in the County's Capital
Improvements Program. The per unit cash coritribution shall be paid prior to or at the time of issuance of the building
permit for each unit.
3. Transportation
A. Lanes. In order to mitigate traffic impacts resulting from the Project, the Owner shall design and construct to
Virginia Department of Transportation ("VDOT") road standards a second left turn lane on the southbound side of
Route 29 at its intersection with Boulders Road, in the location shown on the Application Plan, and design and
construct all other lane configurations at the intersection of Route 29 and Boulders Road as determined by VDOT.
Construction or installation of all improvements required by this Proffer shall be completed and accepted by
VDOT within one (1) year after approval by the County of the first final site plan or subdivision plat for the
Project.
B. Signalization. The Owner shall design, bond and construct all traffic signalization improvements at the intersection
of Route 29 and Boulders Road required by VDOT. Construction or installation of all improvements required by
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this Proffer shall be completed and accepted by VDOT within one (1) year after approval by the County of the first
final site plan or subdivision plat for the Project, or prior to the issuance of the first building permit by the County
for the Project, whichever occurs first, provided that County, upon the recommendation of VDOT, may establish
another completion date.
Development in general accord with the Application PIan
The Property shall be developed in general accord with the plans entitled "Amendment to the General Development Plan
for ZMA-2007-003", prepared by Collins Engineering, dated August 18,2008 Amendment (referred to in these proffers as
the "Application Plan" if a minimum of forty thousand (40,000) square feet of the property is under a legally binding lease
for nonresidential use by a federal agency, as demonstrated to the satisfaction of the County Attorney. Proof of the legally
binding lease shall be submitted at the time of submittal of the first building permit application. If the property is not under
a legally binding lease to a federal agency, the property shall be developed to allow not more than two office buildings and
one apartment building that shall be developed only if in general accord with plans which substantially comply with the
principles of the Neighborhood Model set forth in the Albemarle County Comprehensive Plan as determined by the
Director of Community Development and that do not increase the square footage of nonresidential uses or the number of
residential units as shown on the Application Plan.
Annual adjustment of cash proffers
Beginning January 1, 2009, 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 ("MSP'). 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 multiply_ ingtlie•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 year preceding the calendar year most
recently ended, and the denominator of which shall be the MSI as of December in the preceding calendar year. For each
cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each
year. ;'_"
"Federal agency" defined
For the purposes of these proffers, the term "federal agency" means any unit of the federal government including, but
not limited to, any board, commission, bureau, department, agency, authority, administration, office, or service.
Storage Area
The following areas, as shown on the plan entitled "Amendment to the General Development Plan for ZMA-2007-003"
prepared by Collins Engineering and dated 8/18/08 shall be utilized for storage of general files, data, equipment and other
related items supportive of the office space located on the top 4 levels of each of the two respective buildings:
a. One (1) basement level within building #1 consisting of 22,100 sq. ft. of gross floor area.
b. Two (2) basement levels within building 42 consisting of 44,200 sq. ft. of gross floor area.
These levels shall not include any office space.
Signature of Owner
Next Generation LLC
Wendell W. Wood, Operating Manager Date
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