HomeMy WebLinkAboutVA200600003 Action Letter
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COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, North Wing
Charlottesville, Virginia 22902-4596
Fax (434)972-4012
Phone (434)296-5832
August 16, 2007
Wendell Wood
PO Box 5548
Charlottesville, VA 22905
RE: ZMA # 2007-00003 & SP# 2007-00031 & SP# 2007-00032
Tax Map 33, Parcels 1 D & 1 F (portions of)
Dear Mr. Wood:
On August 1, 2007 the Albemarle County Board of Supervisor took action on the above-noted
projects.
Reaardina ZMA-2007 -003
Your rezoning from RA - Rural Areas to CO - Commercial Office was approved in accordance
with the attached proffers dated August 1, 2007. An application plan dated June 12, 2007 was
approved as part of the rezoning. Please refer to these documents 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.
Reaardina SP-2007 -00031
The Board of Supervisors took action to allow a 120 unit three-story apartment building at a
gross density of 8.0 units per acre. This special use permit was approved based on the following
condition:
1. A maximum number of one hundred twenty (120) apartment units shall be permitted.
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 conditions of the SPECIAL USE PERMIT;
. approval of and compliance with a SITE PLAN; and
. approval of a ZONING COMPLIANCE CLEARANCE.
PROFFER STATEMENT
NGIC EXPANSION
Date: August 1, 2007
ZMA 2007-003; SP 2207-32 Residential & SP 2007-31 Research & Development; Labs
Tax Map Parcel # 33-1D and 33-1F (portion of)
Existing Zoning: RA
Proposed Zoning: CO; SP 2207-32 Residential & SP 2207-31 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 housine
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 often (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 Horne 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 ifthe 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 unites) between the Owner and a federal agency. The Owner shall provide
the County's zoning administrator thirty (30) 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
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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 oforoviding 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.
2. Cash to address imDacts to DubHe 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, ftre, rescue, parks or any other public use as identified in
the County's Capital Improvements Program. The per unit cash contribution 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
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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 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 ofVDOT, may establish another completion date.
4. Development in !!eneral accord with the Application Plan
The Property shall be developed in general accord with the plans entitled ''NGIC Expansion Project for ZMA
2007-003", prepared by Collins Engineering, dated June 12,2007 and last revised July 12,2007 (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.
5. Annual adiustment 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 ("MSI"). In no eventshall 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 year preceding the calendar year most recently ended, and the denominator of which shall be
the MSI as of December 1 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.
6. "Federal a!!encv" 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.
Signature of Owner
Next Generation LLC
BY:~~~~
Wendell W. Wood, Operating Manager
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