HomeMy WebLinkAboutZMA201300012 Approval - County 2014-07-09.4L8L'tr
�'IRGII�1P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434)296-5832 Fax (434) 972-4126
August 6, 2014
Valerie W, Long, Esq., Williams Mullen
321 E. Main Street, Suite 400
Charlottesville, VA. 22902
RE: ZMA201300012 — Rivanna Village
TAX MAP PARCEL: 079000000025A0, 08000000004600, 080000000046A0, 080000000046CO3
080000000046D0,080000000046E0,00800000000500, 08000000005100,080000000052A0,
080000000055A0,093A1000000300,093A1000000400
Dear Ms. Long:
The Board of Supervisors adopted the following resolutions on July 9, 2014:
RESOLUTION #1
By a vote of 6:0, ADOPTED resolution approving ZMA 2013-00012 and the special exceptions related
thereto with the addition that Steamer Drive end as a cul-de-sac.
Please note that this approval did not include Tax Map Parcel 093AI000000200 East Rivanna Fire
Station. This parcel will be subject to ZMA200100008.
RESOULTION #2
By a vote of 6:0, ADOPTED resolution finding that the land and improvements proffered in Proffer 6 of
ZMA 2013-00012 provide the public facilities envisioned by Proffer 2 of ZMA 1999-016 and that Proffer 2
of ZMA 1999-016 is satisfied to at least an equivalent degree.
RESOULTION #3
By a vote of 6:0, ADOPTED resolution requesting that VDOT continue to evaluate whether an entrance
permit at Route 250 and Butterfield Lane should be issued during the development of Rivanna Village to
allow construction traffic to use that entrance.
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,
Da'cla�'C_
David Benish
Chief of Planning
Cc Rivanna Village LLC- Andrew Boninti
314 East Water Street
Charlottesville, VA. 22902
Glenmore Associates Limited Partnership
P O Box 7623
Charlottesville VA. 22906
Rebecca Ragsdale, Zoning
File
RESOLUTION
WHEREAS, Proffer 2 of ZMA 1999-016 (Glenmore), originally accepted as a proffer for the
rezoning of Glenmore ZMA 1990-019, stated that the owner, Glenmore Associates, would donate
approximately 27 acres of land to the County or its designee for a public school or other public use
facilities as the County may select, together with an appropriate right of way; and
WHEREAS, Proffer 6 of ZMA 2001-00008 (Rivanna Village at Glenmore) stated that the owner,
Glenmore Associates, would, at its expense and at the request of the County, engineer, construct, and
dedicate in fee simple to the County a park comprising approximately 18 acres, which would be platted
with the first plat for Rivanna Village at Glenmore, and all of the park improvements described in the code
of development would be built or bonded prior to the issuance of the certificate of occupancy for the 174`h
residential unit within Rivanna Village; and
WHEREAS, the County desired the park proffered in Proffer 6 of ZMA 2001-00008 to serve the
residents of Albemarle County; and
WHEREAS, the land referred to in Proffer 2 of ZMA 1999-016 was part of the land rezoned under
ZMA 2001-00008 and, as a result of such rezoning, the land offered by Proffer 2 of ZMA 1999-016 was
no longer available for public facilities uses; and
WHEREAS, in conjunction with its approval of ZMA 2001-00008, the Board adopted a resolution
finding that the land and improvements proffered in Proffer 6 of ZMA 2001-00008 would provide the
public facilities envisioned by Proffer 2 of ZMA 1999-016 and that such land and improvements were
deemed to satisfy Proffer 2 of ZMA 1999-016 to at least an equivalent degree and that neither Glenmore
Associates nor its successors nor assigns would have any further obligation with respect to Proffer 2 of
ZMA 1999-016; and ,
WHEREAS, Proffer 6 of ZMA 2013-00012 (Rivanna Village) restates Proffer 6 of ZMA 2001-
00008 but amends certain terms including that the park will comprise 18.4 acres and will be located in
Block J, and that all of the park improvements described in the code of development will be built or
bonded prior to the issuance of the certificate of occupancy for the 137`h residential unit within Rivanna
Village.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors finds
that the land and improvements proffered in Proffer 6 of ZMA 2013-00012 provide the public facilities
envisioned by Proffer 2 of ZMA 1999-016 and that such land and improvements are deemed to satisfy
Proffer 2 of ZMA 1999-016 to at least an equivalent degree; and
BE IT FURTHER RESOLVED that neither Glenmore Associates, Rivanna Village LLC, nor their
successors nor assigns, shall have any further obligation with respect to Proffer 2 of ZMA 1999-016.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero, as recorded below, at a regular meeting held on July 9, 2014.
CA, Board of C un Supervisors
Ave Nay
Mr. Boyd Y
Ms. Dittmar Y
Ms. Mallek Y
Ms. McKee) Y
Ms. Palmer Y_
Mr. Sheffield Y
RESOLUTION
WHEREAS, the application plan approved in conjunction with ZMA 2013-00012 for Rivanna
Village shows an eastern entrance designated as Butterfield Lane from Route 250 into Rivanna Village;
and
WHEREAS, the Virginia Department of Transportation ("VDOT") previously determined that it
would not issue an entrance permit at Butterfield Lane to serve construction traffic during the
development of Rivanna Village (the "decision") and, as a result, construction traffic will use Glenmore
Way, subject to a construction traffic management plan proffered by the owner of Rivanna Village, subject
to approval by.the County's Department of Community Development; and
WHEREAS, the residents of Glenmore are concerned about the construction traffic using
Glenmore Way during the construction of Rivanna Village and these concerns are primarily focused on
safety and congestion on Glenmore Way; and
WHEREAS, the Glenmore Community Association and Glenmore residents have stated that they
will continue to request that VDOT reconsider its decision, and the Board supports these efforts.
NOW,. THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
requests that VDOT continue to evaluate whether an entrance permit at Butterfield Lane should be issued
during the development of Rivanna Village to allow construction traffic to use such an entrance and that it
reconsider its decision based on changing conditions, traffic data, or other justifications that may arise
during the development of Rivanna Village.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to
zero, as recorded below, at a regular meeting held on July 9, 2014.
Mr. Boyd
Y
Ms. Dittmar
Y _
Ms. Mallek
Y_ _
Ms. McKee)
Y
Ms. Palmer
_
Y _
Mr. Sheffield
Y
RESOLUTION
WHEREAS, the application of Rivanna Village, LLC, to amend the zoning map for Tax Map and
Parcel Numbers 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 (the "Property") is identified as
ZMA 2013-00012, Rivanna Village ("ZMA 2013-00012") for a community known as "Rivanna Village"; and
WHEREAS, 93.0 acres of the Property are zoned Neighborhood Model District, subject to the
code of development, application plan and proffers approved and accepted in conjunction with ZMA
2001-00008 on June 13, 2007, and ZMA 2013-00012 proposes to amend the code of development,
application plan and the proffers applicable to the Property; and
WHEREAS, 1.76 acres of the Property, comprised of Tax Map and Parcel Numbers 08000-00-
00-05100, 08000-00-00-052A0, are designated Town/Village Center in the Village of Rivanna Master
Plan and are zoned Rural Areas, and ZMA 2013-00012 proposes to amend the zoning map and change
the zoning of those parcels from Rural Areas to Neighborhood Model District, to be added as part of
Rivanna Village, and to be subject to the amended code of development, application plan and proffers
applicable to Rivanna Village; and
WHEREAS, ZMA 2013-00012 would reduce the maximum number of residential units allowed on
the Property from 521 to 400 and the maximum square footage of non-residential structures from 120,000
square feet.to 60,000 square feet, and would make other amendments to the code of development, the
application plan, and the proffers that were approved in conjunction with ZMA 2001-00008; and
WHEREAS, the Board held a public hearing for ZMA 2013-00012 on July 9, 2014 after notice
was provided as required by Virginia Code §§ 15.2-2204 and 15.2-2285, and Albemarle County Code
§ 18-33; and
WHEREAS, the Board also considered at the public hearing for ZMA 2013-00012 the owner's
request for special exceptions that would modify zoning regulations pertaining to yards, parking and
loading, signs, recreation, outdoor lighting, and swim, golf and tennis clubs as set forth in Attachment D to
the Executive Summary, which had previously been approved in conjunction with ZMA 2001-00008.
NOW, THEREFORE, BE IT RESOLVED that upon consideration of the material and relevant
factors in Virginia Code § 15.2-2284, including the consideration of the Village of Rivanna Master Plan,
the executive summary and reports prepared by the County's planning staff, and the comments and
information received from the public, and for the purposes of public necessity, convenience, general
welfare and good zoning practices, the Albemarle County Board of Supervisors hereby amends the
zoning map and approves ZMA 2013-00012 with the code of development dated June 9, 2014, the
application plan dated June 9, 2014, and the proffers dated June 13, 2014; and
BE IT FURTHER RESOLVED that in rezoning Tax Map and Parcel Numbers 08000-00-00-05100
and 08000-00-00-052AO from Rural Areas to Neighborhood Model District, the Board is mindful that the
Village of Rivanna Master Plan states that "approval of future development should be monitored in
conjunction with improvements to US 250 and available sewer capacity so that approval of new units or
uses does not exceed capacity of the sewage treatment plant or the road system" (page 4) and "in
addition to sewer limitations, approval of any development by rezoning will be predicated on the
completion of a number, of transportation improvements" (page 32); however, although these
improvements have not been made, rezoning these parcels as part of ZMA 2013-00012 would not
establish a precedent because these parcels were anticipated for future inclusion within Rivanna Village
when ZMA 2001-00008 was approved, as reflected in their inclusion on the application plan for that
rezoning and being designated for "Potential Future Development," the parcels are adjacent to the other
portions of Rivanna Village, and ZMA 2013-00012 reduces the maximum number of dwelling units and
- - -commercial intensity allowed and, therefore, the impacts from Rivanna Village are less thanthepotential - --
full buildout under ZMA 2001-00008; and
z
Date:
ZMA #:
PROFFER STATEMENT
RIVANNA VILLAGE
June 13, 2014
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 Secti.:)ns 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 '.ounty of Albemarle (the "County"). These conditions are proffered as a part
of the requested ?MA 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 impcsed by this proffer statement.
The Application Plan shall refer to that certain Application Plan prepared by Terra Concepts
dated July 15, 2013, last revised June 9, 2014 (the "Application Plan"). The Code of
Development shall refer to the Code of Development for Rivanna Village dated June 9, 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 cr 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
OA
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. INTENTIONALLY OMITTED.
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
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 unplementation of this proffer shall run with
the residue of the Property. The Owner and the County acknowledge that the County may
asstune 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 minimurn 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
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.
4
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. Far -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.
(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 Horne 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 tern 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.
10. Construction Traffic Management Plan. Prior to, or in conjunction with, submitting
the first initial site plan, erosion and. sediment control plan, grading plan, preliminary subdivision
plat or, if a preliminary subdivision plat is not submitted, the first final subdivision plat, the
Owner shall submit a Construction Traffic Management Plan (the "CTM Plan"). The purpose of
the CTM Plan shall be to minimize conflicts between construction vehicles related to developing
the Property and;, pedestrians, cyclists, equestrian riders, and motor vehicles on Glenmore Way
and at the intersection of Glenrnore Way and the construction entrance to be established at Main
Street, as depicted on the Application Plan, while the Property is being developed. The CTM
Plan shall include the following elements:
A. Establish a shared use path along Glenmore Way from Route 250 to Main Street.
The location, width and design of the shared use path shall be subject to the approval of the
County's Director of Community Development (the "Director"). If the Director determines,
based on the volume and nature of the existing use of Glenmore Way between Route 250 and
Main Street. by pedestrians, cyclists, and equestrian riders, that the path depicted on the
Application Plan within the 70 -foot wide buffer may serve as the shared use path, but that path is
later determined (prior to the end of the term of the CTM Plan, as established therein) to be
inadequate to serve all users, the Owner shall establish a second shared use path subject to
approval of the Director as provided herein.
B. In addition to any temporary traffic control signage required by the Virginia
Department of Transportation ("VDOT"), install such signage as determined to be necessary by
the Director.
C. Establish an asphalt -paved construction entrance to the Property at the Glenmore
Way and Main Street intersection. The length and width of the paved portion of the Main Street
construction entrance shall be sufficient to allow construction vehicles to safely enter and exit the
Property, to reduce dust, soil, sand, mud, gravel, and other substances being deposited on
Glenmore Way, and to accommodate a construction vehicle wash -down area. The length and
width of the paved portion of the Main Street construction entrance shall be subject to approval
by the Director. i
D. Establish a construction vehicle wash -down area within the paved Main Street
construction entrance. The wash -down area shall have equipment that shall be used to remove
any soil, sand, mud, gravel or other substances from any construction vehicle, passenger car, or
motorcycle before it enters onto Glenmore Way from the Property. The wash -down area and its
equipment shall be subject to approval by the Director.
E. Have a flagman present at the intersection of Glenmore Way and the Main Street
construction entrance at all times when construction vehicles are entering and exiting the
Property to assist them in safely entering and exiting the Property and to ensure smooth traffic
flow for commuter and any other vehicles using Glenmore Way.
F. Clean the intersection of Glenmore Way and the Maier Street construction
entrance every evening of each day during which construction activity occurs on the Property, if
necessary, to remove any soil, sand, mud, gravel or other substances from the road.
G. Provide the Glenmore Community Association with written weekly updates of
anticipated construction activity for the upcoming week.
The Owner shall.,obtain approval of the CTM Plan by the Director before the County approves
any grading permit for the Property, and shall satisfy and thereafter continue to satisfy any
applicable requirement of the CTM Plan before the first construction vehicle enters the Property,
7
except as necessary to satisfy a requirement of the CTM Plan itself, such as establishing the
Main Street construction entrance, until an ending date or event as provided in the CTM Plan.
Any approval of the Director required by this proffer shall be made only after consultation with
the Owner, the County Engineer and VDOT. The term "construction vehicle" includes, but is
not limited to, any tractor truck, tractor truck/semitrailer combination, tractor truck/trailer
combination, dump truck, concrete mixer truck, land mover, bulldozer, front-end loader, grader,
packer, power shovel, or crane, but does not include any passenger car, passenger truck (such as
a pick-up truck), or motorcycle.
If VDOT issues an entrance permit for an entrance on Route 250 at Butterfield Lane as shown on
the Application Plan, or any other location, for construction vehicle use, then all construction
traffic for the Project shall thereafter use that entrance for entering and exiting the Property
instead of Glenmore Way, and the CTM Plan shall automatically terminate. Notwithstanding the
foregoing sentence to the contrary, if Block A as shown on the Application Plan has not yet been
completed at the time that VDOT issues such an entrance permit for construction vehicle use,
then construction traffic related to the development of Block A may nevertheless continue to use
Glenmore Way, and the applicable provisions of the CTM Plan shall remain in effect with regard
to such construction vehicle use until the completion of Block A.
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.
21439387,.R
WITNESS the following signature:
RIVANNA VILLAGE, LLC
B (,
Y -
Andrew Boninti, Mo.nager
C:
Rivanna Village Waivers (ZMA 2013-00012)
A number of waivers were approved with ZMA 2001-08, the original Rivanna Village rezoning.
The Owner requests that most of the same waiver be approved again, or remain in place,
specifically as follows:
1. Section 4.6.3.x. — Lots, Yards, adjacent to Streets, Alleys and Shared Driveways
2. Section 4.11.1 — Covered Porches
3. Section 4.11.1 and 4.11.2 — Structures in required yards and accessory structures
4. Section 4.12.9 Street and Alley Parking
5. Section 4.12.13 — Loading Areas. This was approved for Block E in the 2007 rezoning,
which is now identified in the 2013 rezoning as Block D.
6. Section 4.12.4 — Parking Areas. Change the reference from Block E to Block D
7. Section 4.12.6 — Minimum number of parking spaces for scheduled uses. Change the
reference from Block E to Block D.
8. Section 4.15.5.3 — Allows for signs in the public right of way.
9. Section 4.15.11 —Setback requirements for signs in NMD zoning districts.
10. Section 4,16 — Recreational area regulations
11. Section 4.17.4(b) — Lighting Standards.
12. Section 14-233 - Private Streets
13. Section 14-409D — Coordination and Extension of Streets.
14.. Section 14-422 — Sidewalks and Planting Strips
15. Section 4.16.2 — Minimum Recreational Facilities