Loading...
HomeMy WebLinkAboutZMA201000011 Proffers Zoning Map Amendment 2011-08-05DRAFT August 5, 2011 1961TOWWDIIM3IFN0NOIO NI ZMA No. 2010 -00011 Estes Park Original Proffers _X Amendment Tax Map and Parcel Number(s): 03200 -00 -00 -03300 and 03200 -00 -00 -03400 Owner(s) of Record: Clifford H. Fox Jr. and Ruth Johnson Estes Date of Proffer Signature: 2011 12.75 acres to be rezoned from R -1 to PRD Clifford H. Fox Jr. and Ruth Johnson Estes, are the respective owners (collectively, the "Owner ") of Tax Map and Parcel Number 03200 -00 -00 -03300 and 03200 -00 -00 -03400 (the "Property") which is the subject of rezoning application ZMA No. ZMA 20 10-00011, a project known as "Estes Park" (the "Project "), which includes an application plan prepared by Collins Engineering, LLC entitled "Estes Park Rezoning Application Plan" and with a latest revision date of June 20, 2011 (the "Application Plan "). Pursuant to Section 33.3 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 requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Worth Crossing Connection. The Owner shall complete construction and make improvements to the portion of "Road B" that provides a vehicular connection from the northern boundary of the Project to Worth Crossing, as shown on the Application Plan, to the standards contained in Sections 14 -410H and 14 -422 of the County Code and as shown as [ "Typical Street Section ('52 Public R/W)" on sheet 3 of the Application Plan entitled "Site Plan" (the "Worth Crossing Connection ")]. The Owner shall not submit the final subdivision plat or final site plan for the Project for approval by the County unless it includes the Worth Crossing Connection. The Worth Crossing Connection shall be constructed to Virginia Department of Transportation standards and that all necessary lands determined by VDOT will be dedicated to public use as part of that first subdivision plat or in conjunction with the first site plan. The Worth Crossing Connection shall be used for construction access and completed prior to issuance of a building permit for any dwelling units within the Project. For the purposes of this paragraph, construction of the Worth Crossing Connection shall be deemed complete when it is constructed in conformance with the plans approved by VDOT and the County Engineer has determined it is safe and convenient for vehicular travel. 2. Moubry Lane Sidewalk. The Owner shall construct a sidewalk, utility strip, and associated drainage facilities within the existing public right -of -way on one side of Moubry Lane from the point where Road A connects to Moubry Lane to the point where Moubry Lane connects to Proffit Road, to the standards and in the location shown on the Application Plan (the " Moubry Lane Sidewalk "). The aggregate cost of the Moubry Lane Sidewalk and drainage improvements are referred to as the "Sidewalk Expense ". In the event that the Forest Ridge Home Owners' Association is opposed to having this improvement installed, upon giving written notice to the Owner and Albemarle County, the Sidewalk Expense credit will be removed from the Cash Proffers referenced in Proffer 43. 3. Cash Proffer for Capital Improvements Proiects. Determination of Cash Proffer Contribution. The Property measures Twelve and Seventy Five Hundredths (12.75) acres and is currently zoned R -1 Residential. Attachment E R -1 zoning permits a maximum of One and Forty Five Hundredths (1.45) units per acre by- right, yielding a by- right unit count of Eighteen (18) units for the Project (the "By -Right Density"). The Owner is thus requesting an additional Fifty (50) units as part of the Project (the "Rezoning Units "). Beginning with the Nineteenth (19'') dwelling unit, the Owner shall contribute cash to Albemarle County in the amount of Dollars ($ ) for each market rate single family detached dwelling unit constructed within the Property for the purposes of mitigating impacts from the Project, which per dwelling unit contribution reflects application of a credit to the Owner for the value of the Sidewalk Expense. The cash contributions shall be used to address the fiscal impacts of development on the County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the County's Capital Improvements Program. The cash contributions shall be paid at the time of issuance of the building permit for each dwelling unit, or at any later time as may be permitted by state law. 4. Affordable Housine. a. Cash Proffer. In lieu of constructing affordable dwelling units for fifteen percent (15 %) of the Rezoning Units, which would correspond to seven (7) affordable dwelling units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty-One Thousand One Hundred Twenty-Five Dollars ($21,125) (the "Affordable Housing Cash Proffer ") for each such unit as follows: the Owner shall pay the Affordable Housing Cash Proffer to the County after an inspection and prior to the issuance of a certificate of occupancy for each of the ninth (9`"), eighteenth (18d'), twenty- seventh (27''), thirty -sixth (36d'), forty -fifth (45"'), fifty -fourth (54th), and sixty-third (63`d) dwelling units within the Project. b. For -Sale Units. The Owner maintains the right to construct all or a portion of the seven (7) required affordable housing units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and /or developer(s), as applicable. (1) Affordability; Credit Thresholds. For the purposes of this Proffer 4b, "affordable housing" shall mean units 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 Housing) 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; provided, however, that in 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 4(b)(2) hereof (the "VHDA Limit "). (2) Sale of Affordable Units. All purchasers of the for -sale affordable 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 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 in this Proffer 4(b)(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 units for approval by the Housing Office. If, prior to the end of 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 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 4b. This Proffer 4b shall apply only to the first sale of each of the for -sale affordable units. 2 Attachment E 5. Moubry Lane Interconnection. To minimize impacts of constructing the connection between Road A and Moubry Lane as shown on the Application Plan (the "Moubry Lane Interconnection ") on the residents of Forest Ridge, the following terms and conditions shall apply to the construction of the Moubry Lane Interconnection: a. The Owner shall not commence construction of the Moubry Lane Interconnection until construction of all other roads and infrastructure within the Project is nearing completion, such that the Moubry Lane Interconnection is the last road segment within the Project for which construction will be commenced. b. The Moubry Lane Interconnection shall not be used for construction access associated with the Project, except as necessary for construction of the Moubry Lane Interconnection itself, and except further for construction of the Moubry Lane Sidewalk and associated drainage facilities. c. The Owner shall remove the cul -de -sac at Moubry Lane at the time of construction of the Moubry Lane Interconnection. This area will be planted and improvements installed in accordance with the Application Plan. 6. Erosion and Sediment Control. a. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as determined by the County's Program Authority, provide additional erosion and sediment controls to achieve a sediment removal rate of eighty percent (80 %) for the Property. (As a reference, current regulatory structural measures achieve a 60% optimal removal rate.) b. Revegetation. Within nine (9) months after the start of grading under any erosion and sediment control permit, permanent vegetation shall be installed on all denuded areas, except for areas the Program Authority determines are otherwise permanently stabilized or are under construction with an approved building permit. A three (3) month extension for installation of permanent vegetation may be granted by the Program Authority due to special circumstances including but not limited to weather conditions. WITNESS the following signatures: rexWel DI Clifford H. Fox Jr. OWNER Ruth Johnson Estes 3 Attachment E DRAFT February 8, 2012 PROFFER STATEMENT ZMA No. 2010 -00011 Estes Park Original Proffers _X Amendment Tax Map and Parcel Number(s): 03200 -00 -00 -03300 and 03200 -00 -00 -03400 Owner(s) of Record: Clifford H. Fox Jr. and Benjamin Johnson Estes Date of Proffer Signature: , 2011 12.75 acres to be rezoned from R -1 to PRD Clifford H. Fox Jr. and Benjamin Johnson Estes, are the respective owners (collectively, the "Owner ") of Tax Map and Parcel Number 03200 -00 -00 -03300 and 03200 -00 -00 -03400 (the "Property ") which is the subject of rezoning application ZMA No. ZMA 2010 - 00011, a project known as "Estes Park" (the "Project "), which includes an application plan prepared by Collins Engineering, LLC entitled "Estes Park Rezoning Application Plan" and with a latest revision date of June 20, 2011 (the "Application Plan "). Pursuant to Section 33.3 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 requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Cash Proffer for Capital Improvements Projects. Determination of Cash Proffer Contribution. The Property measures Twelve and Seventy Five Hundredths (12.75) acres and is currently zoned R -1 Residential. The Owner shall contribute cash to Albemarle County in the total amount of $754,000 Dollars ($13,000 per unit for 58 dwelling units) for market rate single family attached dwelling units constructed within the Property for the purposes of mitigating impacts from the Project. The cash contributions shall be used to address the fiscal impacts of development on the County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the County's Capital Improvements Program. The cash contributions shall be paid at the time of issuance of the building permit for each dwelling unit, or at any later time as may be permitted by state law. 2. Affordable Housing. a. Cash Proffer. In lieu of constructing affordable dwelling units for fifteen percent (15 %) of the total number of Units, which would correspond to ten (10) affordable dwelling units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty -One Thousand One Hundred Twenty -Five Dollars ($21,125) (the "Affordable Housing Cash Proffer ") for each such unit as follows: the Owner shall pay the Affordable Housing Cash Proffer to the County after an inspection and prior to the issuance of a certificate of occupancy for each of the seventh (7th), fourteenth (14th), twenty -first (21st), twenty- eighth (28th), thirty -fifth (35th), forty- second (42nd), forty -ninth (49th), fifty -sixth (56`h), sixty - third (63rd), and sixty- eighth (68th) dwelling unit within the Project. b. For -Sale Units. The Owner maintains the right to construct all or a portion of the ten (10) required affordable housing units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such Page 1 of 3 subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and /or developer(s), as applicable. (1) Affordability; Credit Thresholds. For the purposes of this Proffer 4b, "affordable housing" shall mean units 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 Housing) 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; provided, however, that in 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 4(b)(2) hereof (the "VHDA Limit "). (2) Sale of Affordable Units. All purchasers of the for -sale affordable 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 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 in this Proffer 4(b)(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 units for approval by the Housing Office. If, prior to the end of 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 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 4b. This Proffer 4b shall apply only to the first sale of each of the for -sale affordable units. 3. Moubry Lane Interconnection. a. The Owner shall design and construct a bicycle /pedestrian and emergency access connection to Moubry Lane to minimum AASHTO standards of a 20 -foot wide paved access road and shall place bollards removable only by emergency service personnel, to prohibit any other vehicular access. This will be done to provide a secondary means of access in case of emergency. The number and type of bollards shall be approved in advance by Albemarle County's Fire Department. b. Moubry Lane shall not be used for construction access associated with the Project, except as necessary for construction of the Moubry Lane Interconnection itself. All construction traffic for the project shall enter the site through the existing access easement from Proffit Road. Worth Crossing shall be closed and barricaded to construction traffic until such time as the first residential home is occupied and the Worth Crossing roadway is constructed with curbing and a base asphalt surface. 4. Erosion and Sediment Control. The Owner shall provide additional erosion and sediment control measures above and beyond the standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook. These additional measures will consist of erosion control practices as outlined in the memo provided by Collins Page 2 of 3 Engineering. Design and implementation of these controls will be reviewed and approved by the Albemarle County Engineering Department. WITNESS the following signatures: OWNER Clifford H. Fox Jr. OWNER Benjamin Johnson Estes Page 3 of 3 DRAFT October 12, February 8, 2012 PROFFER STATEMENT ZMA No. 2010 -00011 Estes Park Original Proffers _X Amendment Tax Map and Parcel Number(s): 03200 -00 -00 -03300 and 03200 -00 -00 -03400 Owner(s) of Record: Clifford H. Fox Jr. and Benjamin Johnson Estes Date of Proffer Signature: , 2011 12.75 acres to be rezoned from R -1 to PRD Clifford H. Fox Jr. and Benjamin Johnson Estes, are the respective owners (collectively, the "Owner ") of Tax Map and Parcel Number 03200 -00 -00 -03300 and 03200 -00 -00 -03400 (the "Property ") which is the subject of rezoning application ZMA No. ZMA 2010 - 00011, a project known as "Estes Park" (the "Project "), which includes an application plan prepared by Collins Engineering, LLC entitled "Estes Park Rezoning Application Plan" and with a latest revision date of June 20, 2011 (the "Application Plan "). Pursuant to Section 33.3 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 requested rezoning and the Owner acknowledges that the conditions are reasonable. 21. Cash Proffer for Capital Improvements Proiects. Determination of Cash Proffer Contribution. The Property measures Twelve and Seventy Five Hundredths (12.75) acres and is currently zoned R -I Residential. The Owner shall contribute cash to Albemarle County in the total amount of $754,000 Dollars ($13,000 per unit for 58 dwelling units) for market rate single family attached dwelling units constructed within the Property for the purposes of mitigating impacts from the Project. The cash contributions shall be used to address the fiscal impacts of development on the County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the County's Capital Improvements Program. The cash contributions shall be paid at the time of issuance of the building permit for each dwelling unit, or at any later time as may be permitted by state law. -32. Affordable Housing. a. Cash Proffer. In lieu of constructing affordable dwelling units for fifteen percent (15 %) of the total number of Units, which would correspond to ten (10) affordable dwelling units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty -One Page 1 of 3 ._ 21. Cash Proffer for Capital Improvements Proiects. Determination of Cash Proffer Contribution. The Property measures Twelve and Seventy Five Hundredths (12.75) acres and is currently zoned R -I Residential. The Owner shall contribute cash to Albemarle County in the total amount of $754,000 Dollars ($13,000 per unit for 58 dwelling units) for market rate single family attached dwelling units constructed within the Property for the purposes of mitigating impacts from the Project. The cash contributions shall be used to address the fiscal impacts of development on the County's public facilities and infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the County's Capital Improvements Program. The cash contributions shall be paid at the time of issuance of the building permit for each dwelling unit, or at any later time as may be permitted by state law. -32. Affordable Housing. a. Cash Proffer. In lieu of constructing affordable dwelling units for fifteen percent (15 %) of the total number of Units, which would correspond to ten (10) affordable dwelling units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty -One Page 1 of 3 Thousand One Hundred Twenty -Five Dollars ($21,125) (the "Affordable Housing Cash Proffer ") for each such unit as follows: the Owner shall pay the Affordable Housing Cash Proffer to the County after an inspection and prior to the issuance of a certificate of occupancy for each of the seventh (7th), fourteenth (14th), twenty -first (21st), twenty- eighth (28th), thirty -fifth (35th), forty- second (42nd), forty -ninth (49th), fifty -sixth (56th), sixty - third (63rd), and sixty- eighth (68th) dwelling unit within the Project. b. For -Sale Units. The Owner maintains the right to construct all or a portion of the ten (10) required affordable housing units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed to the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s), as applicable. (1) Affordability; Credit Thresholds. For the purposes of this Proffer 4b, "affordable housing" shall mean units 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 Housing) 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; provided, however, that in 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 4(b)(2) hereof (the "VHDA Limit "). (2) Sale of Affordable Units. All purchasers of the for -sale affordable 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 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 in this Proffer 4(b)(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 units for approval by the Housing Office. If, prior to the end of 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 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 4b. This Proffer 4b shall apply only to the first sale of each of the for -sale affordable units. 43. Moubry Lane Interconnection. a. The Owner shall design and construct a bicycle /pedestrian and emergency access connection to Moubry Lane to minimum AASHTO standards of a 20 -foot wide paved access road and shall place bollards removable only by emergency service personnel, to prohibit any other vehicular access. This will be done to provide a secondary means of access in case of emergency. The number and type of bollards shall be approved in advance by Albemarle County's Fire Department. b. Moubry Lane shall not be used for construction access associated with the Project, except as necessary for construction of the Moubry Lane Interconnection itself. All construction traffic for the project shall enter the site through the existing access easement from Proffit Road. Worth Crossing shall be closed and barricaded to construction traffic until such time as the first residential home is occupied and the Worth Crossiniz roadwav is constructed with curbing and a base asphalt surface. Page 2 of 3 -54. Erosion and Sediment Control. The Owner- shall, to the Maximum ex4ent practicable as detefmined by the County's Program Authorit�-, pr-&vide additional erosion and sedinient eof4fols to aehieve a sedinient removal rate of eighty per-eefA 0 ° The Owner shall provide additional erosion and sediment control measures above and beyond the standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook. These additional measures will consist of erosion control practices as outlined in the memo provided by Collins Engineering, Design and implementation of these controls will be reviewed and approved by the Albemarle Countv Engineering Department. WITNESS the following signatures: OWNER Clifford H. Fox Jr. OWNER Benjamin Johnson Estes Page 3 of 3