HomeMy WebLinkAboutZMA201600001 Staff Report Zoning Map Amendment 2016-06-07 I
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
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REHEARING OF ZMA 201600001 DUE TO ADVERTISING ERROR
Project Name: ZMA201600001 Hollymead Town Staff: Sarah Baldwin, Senior Planner
j Center A2 Proffer Amendment Elaine Echols, Acting Chief of Planning
Planning Commission Public Hearing: June 7, Board of Supervisors Public Hearing: June 8, 2016
2016
Owner: Route 29 LLC Applicant: Wendell Wood/Nena Harrell
Acreage: Approximately 43 acres Rezone from: No change in zoning district or uses
proposed. Applicant wishes to change his affordable
housing proffer
TMP: 03200000004500, 03200000005000 By-right use: NMD which allows commercial, office,
and residential uses according to the Code of
Development
3 Magisterial District: Rio Proffers: Yes
Proposal: Request to amend proffers related to Requested#of Dwelling Units: no change;
affordable housing, size of the pocket park in Block maximum of 1222 units allowed under existing zoning
B1, and phasing
DA (Development Area): Places 29 Hollymead Comp. Plan Designation: Urban Mixed Use in
Centers which allows retail, residential, commercial,
employment, office, institutional,and open space;
] Commercial Mixed Use, which allows commercial,
retail, employment uses, with supporting residential,
office, or institutional uses; and Office/R&D/Flex/Light
Industrial which allows commercial, professional office;
research and development, design, testing of
prototypes; manufacturing, assembly, packaging.
Character of Property: Currently the property is Use of Surrounding Properties: Residential uses:
graded but undeveloped as part of the Hollymead townhouses and a mobile home park; commercial; and
Town Center. undeveloped land.
BACKGROUND
At their meeting on April 26,2016, the Planning Commission voted 5:2 (Dotson and Keller voted nay) to
recommend denial of ZMA201600001 for the reason that the proffer was voluntary offered and was reasonable
a at the time, and meets a serious need in the county for affordable housing which still exists.
The applicant's request on April 26, 2016 was to reduce the amount of proffered affordable hous•ing from"20%
to 15% in Hollymead Town Center Area A2. Staff recommended approval of the request because, at the time
the zoning was originally approved, the affordable housing policy recommended that a minimum of 15% of new
housing approved with the rezoning be affordable. The staff report indicated that minor changes to proffers
would be needed between the Commission and Board meeting if the proffer changes were to be accepted.
DISCUSSION:
Between April 26, 2016 and now, the applicant made the minor changes requested by staff. Signed proffers are
included as Attachment A. Attachments B, C,and D are attached to this staff report for background on the prior
action of the Commission.All pertinent information on the project is provided in the prior staff report and action
3 of the Commission.
RECOMMENDATIONS:
Staff recommends that ZMA20160001 be approved with the attached proffers. The Planning Commission has
reviewed this project and recommended denial of the project on April 26, 2016.
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ATTACHMENTS:
A—Signed proffers dated May 27, 2016
i B -Planning Commission action letter
C -Planning Commission staff report
a D-Planning Commission minutes
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Attachment A
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i Original Proffer:
Amended Proffer:X
PROFFER FORM
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Date:May 27,2016
4 ZMA#: ZMA2016-001,Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-45 and 32-50
1 44.5 Acres to be rezoned from NMD to NMD
1
In conjunction with the Application Plan entitled "ZMA Application Plan for NMD
Portion oil Town Center A-2,""darted March 13,2006,revised August 31,
2007(the "Application Plan"and the Amendment to the Application Plan entitled,
"Ameridn ent to the General l)eveloprnent Plan for ZMA 2007-001,"dated November 1,
` 2010 (the "Amended Application Plan for Blocks 1, B2 and 4")and I-lollyl�ead Town
-IA
F Center Area A-2 ZMA 2010-006 Rezoning Application and the revised Code or
Development approved in conjunction with ZMA 2010-006.
4. Tax Map Parcel Numbers: 32-45 and 32-S0,comprising 44.5 acres and also identified as
Hollymead Town Center Area A-2,are subject to rezoning application ZMA 2010-006 and to
this Proffer Statement(the"Property").The Property is described with more particularity on
1 the Application Plan,which applies to all portions of the Property except for Blocks`B1,82 and
84,and the Amended Application Plan for Blocks 81,82 and 84.The Application Plan and the
j Amended Application Plan for Blocks B 1,B2 and 14 are attached hereto as Exhibits A and 13,
respectively.
The Owner of the Property is Route 29 LLC,a Virginia limited liability company(the
1 "Owner").
The Owner hereby voluntarily proffers that if the Albemarle CountyBoard of Supervisors
p
I acts to rezone the Property to Neighborhood Model District(NMD)as requested,the Owner
shall develop the Property in accord with the following proffers pursuant to Section 152-
2303 of the Code of Virginia, 1950,as amended,and pursuant to Section 33.3 of the
1 Albemarle County Zoning Ordinance.These conditions are voluntarily proffered as part of
iii the requested rezoning,and the Owner acknowledges that the conditions are reasonable.
These proffers supersede the proffers accepted in conjunction with ZMA 2007-001 and
ZMA2010-006. If rezoning application ZMA 2016-001is denied,these proffers shall
immediately be null and void and of no further force and effect,and the proffers accepted in
conjunction with ZMA 2007-001,as well as the Application Plan and the Code of
Development approved in conjunction with ZMA 2007-001,shall continue to apply to
i Hollymead Town Center Area A-2.
A
1.Affordable Hou i 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
r condominiums and townhouses,and for-rent condominiums,townhouses,apartments and
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A
i
A
Attachment A
or
accessory units. At least 40%of the affordable units will be in the form of for sale condominiums
and townhouses.Each subdivision plat and site plan for land within the Property shall designate
the lots or units,as applicable,that will be subject to the terms and conditions of this proffer,
incorporate affordable units as described herein,and the aggregate number of such lots or units
designated for affordable units within each subdivision plat and site plan shall constitute a
minimum of fifteen percent(15%)minimum on any future subdivision plat or site plan,provided
however,that the maximum number of affordable units that may be carried over or banked shall
not exceed fifteen percent(15%)of the total units on any subdivision or site plan.
The Owner may"carry-over"or"bank"credits for affordable units in the event an individual
subdivision plat or site plan designates affordable units that in the aggregate exceed the fifteen
ij percent(15%)minimum for such subdivision plat or site plan,and such additional affordable units
may be allocated toward the fifteen percent(15%) minimum on any future subdivision or site plan,
provided however,that the maximum number of affordable units that may carried over or
banked shall not exceed fifteen percent(15%) of the total units on any subdivision or site plan.The
i Owner shall convey the responsibility of initially constructing the affordable units to the
1 subsequent owners of lots within the Property.With the written approval of the County's
Subdivision Agent,the Owner or its successors may revise which lots and unit-types are designated
1 on the subdivision plat or site plan that will contain affordable units as provided under this proffer;
provided that the number of the lots so designated shall not be reduced.The actual owner at the
proposed time of construction shall offer 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
=1 the gross household income.
A. for-Sale Affordable Housing Units. Affordable units shall be affordable to households with
incomes less than eighty percent(80%)of the area median family income(the"Affordable Unit
Qualifying Income"),such that the housing costs consisting of principal,interest,real estate taxes
and homeowners insurance (PITI)do not exceed thirty percent(30%) of the Affordable Unit
Qualifying Income;provided,however,that in no event shall the selling price of such affordable
units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred
Dollars ($190,400)or sixty-five percent(65%)of the applicable Virginia Housing Development
Authority(VHDA)maximum mortgage for first-time home buyers at the beginning of the 90-day
3 identification and qualification period referenced below.The Owner or its successors in interest
I may at its option provide down payment assistance or soft seconds (silent second mortgages)to
reduce the costs to the homebuyer so that the resultant first mortgage and housing costs remain at,
11 or below,the parameters described above.All financial programs or instruments described above
1 must be acceptable to the primary mortgage lender.Any soft second(silent second mortgage)
executed as part of the affordable housing proffer shall be donated to the County of Albemarle(the
"County")or its designee to be used to address affordable housing.Each dwelling unit qualifying
:) under these parameters counts as one(1)affordable unit.
1 B. Affordable Units.
1
(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 as published by the County
Housing Office.In each subsequent calendar year,the monthly net rent for each for-rent
1 affordable unit may be increased up to three percent(3%). For purposes of this proffer
statement,the term "net rent"means that the rent does not include tenant-paid utilities.The
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Attachment A
requirement that the rents for such for-rent affordable units may not exceed the maximum
rents established in this Proffer 1B shall apply 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").
(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 Proffer 2.In addition,all contracts pertaining to a conveyance of
,3 any for-rent affordable unit,or any part thereof,during the Affordable Term shall contain a
I complete and full disclosure of the restrictions and controls established by this Proffer 1B.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
1 then-current owner shall notify the County in writing of the conveyance and provide the name,
41 address and telephone number of the potential grantee,and state that the requirements of this
I Proffer 1B(2) 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,the then-current owner shall
I provide to the Albemarle County Housing Office a copy of the rental or lease agreement for
rI each such unit rented that shows the rental rate for such unit and the term of the rental or
lease agreement.In addition,during the Affordable Term,the then-current owner shall
provide to 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.
2. Road Improvements.Within one (1)year after approval of ZMA 2007-001,the
following streets shall be completed:
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41 A. Meeting Street from the intersection of Town Center Drive to the northern
boundary of Area A. Meeting Street will have two northbound and two southbound
travel lanes,one northbound and one southbound bicycle lane. Initially,one lane in
each direction may be utilized as on-street parking
B.Town Center Drive(Previously Access Road A)from the Eastern edge of the
NMD zoning boundary at the intersection of Meeting Street to its intersection with
State Route 606,also known as Dickerson Road.This section of Town Center Drive
A shall be constructed to accommodate two travel lanes,with a cross section approved by
the county and VDOT in a minimum 60-foot wide right-of-way.
For purposes of this Proffer 2,construction of each street shall be deemed complete
when it is ready to be recommended by the Albemarle County Board of Supervisors for
acceptance into the state-maintained system,and the Owner has obtained from the County
Engineer a written determination that the street is safe and convenient for traffic.
1 The road improvements listed herein shall be constructed in accordance with the NMD
Code of Development as approved as part of ZMA 2010-006(which with respect to the road
improvements are the same as those contained in the Code of Development approved in
conjunction with ZMA 2007-001),and with road plans submitted by the Owner and approved
by the Virginia Department of Transportation("VDOT").
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Attachment A
j3.Public Transit StopConstruction.The Owner shall construct two ppublic transit stops
within Hollymead Town Center Area A-2.The location of the public transit stops shall be
identified on the Application Plan and retained in the County files.The locations shall be
approved by the Director of Planning prior to approval of the first subdivision plat or site plan
for Hollymead Town Center Area A-2.Construction of the public transit stops shall occur in
conjunction with improvements for the subdivision plat or site plan or the public street plans
which include the area for the transit stops.The design of each public transit stop shall be
subject to approval by VDOT and the County Engineer,and shall include no less than 200
square feet of paved surface and two benches.
1 4.Cash Proffer.Beginning with the 151st Market Rate unit,the Owner shall contribute
cash on a per dwelling unit basis for the purposes of funding Berkrnar Drive Extended,other
I County infrastructure,transportation,'public safety,school,parks and library improvements.
1 The cash contributions shall be:$12,400 cash for each attached/townhouse/condominium
1 dwelling unit,other than an affordable dwelling unit("Market Rate Unit"),and$11,900 cash for
each multifamily/apartment dwelling unit other than an affordable dwelling unit("Market Rate
Unit").Such cash contribution shall be paid at the time of the issuance of the building
permit for each new unit,unless the timing of the payment is otherwise specified by state
law.
I Beginning January 1, 2008,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
I the Comparative Cost Multiplier,Regional City Average,Southeast Average,Category C:Masonry
1 Bearing Walls issued by Marshall Valuation Service (a/lc/a Marshall and Swift) (the"Index")or the
-I most applicable Marshall&Swift index determined by the County if Marshall&Swift cease
1 publication of the index identified herein.In no event shall any cash contribution amount be
1 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
1 year by a fraction,the numerator of which shall be the Index as of December 1 in the calendar year
most recently ended,and the denominator of which shall be the Index as of December 1 in the year
preceding the calendar year preceding the calendar year most recently ended.For each cash
1 contribution that is being paid in increments,the unpaid incremental payments shall be
,l correspondingly adjusted each year.
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Attachment A
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A
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5. Greenway, The Owner shall dedicate in fee simple a minimum 7.6 acre"
p greenway to
1 ` Albemarle County for public use. The dedication is identified on the Application Plan as"Greenway
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Area dedication to Albemarle County,"and shall include a strip of land that runs along Powell Creek
with minimum width of 50 feet on the each side of Powell Creek,subject to the limitations of the
Property boundary. The dedicated area will also include all flood plain area along Powell Creek
I within the Property boundary. The Owner shall complete the improvements shown on the
1 Application Plan and shall dedicate the Powell Creek Greenway to the County at the time of the first
site plan or subdivision plat approval. After it is dedicated to public use,the Greenway Area shall
I continue to be included in the total area of open space and amenities within the Property. If the
4 Greenway is not dedicated by subdivision plat,the Owner shall be responsible for the cost if a
1 survey and preparing the deed to convey the Greenway to the County.
I 6. Pocket Park. In conjunction with the subdivision plat or site plan that includes the land
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described in this Proffer 6,the Owner shall establish an approximately 10,000 square foot pocket
;j park(the"Pocket Park')located on the northern edge of Block B1 fronting Town Center Drive as
1 shown on the Amended Application Plan for Blocks B1,B2,and B4,and shall include all such
I improvements,landscaping and other features identified in the Code of Development. The Pocket
Park shall be included in the total area of open space and amenities within the Property. The
subdivision plat or the site plan shall include a note stating that the Pocket Park is reserved for
1 future dedication to the County of Albemarle and,upon the request of the County;the Owner shall
dedicate in fee simple the Pocket Park to the County. If the Pocket Park is not dedicated by
subdivision plat,the Owner shall pay the costs of surveying the Pocket Park,preparing one or more
1 plats thereof and preparing and recording one or more deeds of dedication.
7. Recycling Center or Other Community Facility. Upon the request of the County,the
y Owner shall dedicate in fee simple a two (2)acre parcel of land for use by the County or its designee
j as a Recycling Center,or other community facility identified in the CIP,to be located in an area most
1 appropriate for such use as agreed by the County and the Owner. If the land for the Recycling
1 Center or Community Facility is not dedicated by subdivision plat,the Owner shall pay the costs of
surveying the land,preparing one or more plats thereof and preparing and recording one or more
4 deeds of dedication.
p 8. Recreational Facilities. The owner shall contribute$500.00 cash per residential unit,to
1 be paid at the time of issuance of each building permit unless the timing of the payment is
j otherwise specified by state law,for the purpose of funding the expansion or new development of
regional outdoor recreational facilities as determined by the County Parks and Recreation
Department.
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1, 9. Critical Slopes.Erosion and Sediment Control and Stormwater Management,
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A. Critical Slopes. The owner shall apply for critical slope waivers for any roads
I located in critical slopes governed by§ 18-4.2 et seq.of the Albemarle County Code.
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B. Erosion and Sediment Control. The Owner shall,to the maximum extent practicable
as determined by the County's Program Authority,provide additional erosion and
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Attachment A
sediment controls to achieve a sediment removal rate of eighty percent(80%) for
1{ the Property. (As a reference,current regulatory structural measures achieve a
60%optimal removal rate.)
C. Revegetation. Within nine (9)months after the start of grading under any erosion
and sediment control permit,permanent vegetation shall be installed on all
J 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 the installation of permanent vegetation may be
granted by the Program Authority due to special circumstances including but not
limited to weather conditions.
D. Stormwater. The Owner shall,to the maximum extent practicable as determined by
the County's Program Authority,provide additional stormwater management to
achieve a removal rate 20%better than would otherwise be required by the Water
Protection Ordinance(Albemarle County Code§17-100 et seq.)up to a maximum of
an eighty percent(80%)removal rate for each phase.
1 10. ,LEED Standards for Core and Shell Development, The Owner shall cause the commercial
and mixed-use buildings in the Project to be designed and constructed to meet minimum standards
for certification(twenty-three(23)credit points)under LEED Green Building Rating System for
I Core and Shell Development as set forth in the U.S.Green Building Rating System,Version 2.0,and
July 2006. Prior to the issuance of a building permit the Owner shall submit a certification from the
LEED certified architect to the Director of Community Development that the building meets LEED
standards. Before the Owner requests that a certificate of occupancy for any building for which a
licensed architect rendered such a certificate,the Owner shall submit to the County's Director of
Community Development a written statement for the architect that the building was built to the
plans on which the certificate was based.
11. Phasing Plan, Prior to the issuance by the County of a building permits that would
authorize the construction of any square feet of gross floor area(aggregate) of commercial and
office gross floor area within the Property,building permits shall have been issued for at least 100
dwelling units. Prior to the issuance by the County of a building permit that would authorize
I construction of up to 200,000 sq ft of gross floor area(aggregate)of commercial and office gross
floor area with the Property,building permits shall have been issued for at least 600 dwelling units.
12. Willow Glen Connection. Upon the request of the County,the Owner shall dedicate for
public use a public right-of-way determined to be appropriate by VDOT and the County Engineer,
e� extending from Town Center Drive to the Property's boundary with the purposed Willow Glen
development,as shown on the Application •Plan and within Block C6 as shown on the Block Plan
(the"Willow Glen Connection"). Upon the request of the County,the Owner shall grant all
necessary drainage easements required for the Willow Glen Connection and all temporary
construction easements to appropriate parties,including developer of the proposed Willow Glen
Development,to allow the construction of the Willow Glen Connection. Approval of the County
Engineer and the owner for the location of the connection to Willow Glen may be shifted from the
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Attachment A
44
I area shown in the Application Plan to a more suitable location to both the Owner and the County
which still provides access from Willow Glen to Town Center Drive.
1 13. Community Development Authority. Upon the request of the County,Owner shall
petition for and consent to a Community Development_Authority("CDA") established pursuant to
Section 15.2-5152,et seq.of the Code of Virginia ("Code")to be created,excluding residential
property within the Property,for the purpose of financing,funding,planning,establishing,
1 constructing,enlarging,extending,or maintaining(except to the extent VDOT maintains any public
improvements) Route 29,and roads and other improvements associated therewith.
,I WITNESS the following signature:
1 Route 29 LLC,
1 A Virginia Limited Liability Company
P.O.Box 5548
1 Charlottesville,VA 22905
Operating Manager
1
1 COMMONWEALTH OF,YGINIA,
CITY/COUNTY OF � itt . ,to-wit
\The fo in struent as acknowled ed before me this Q4), dayof May,2016,
� , g � Y
By $ .1,49:,),1&t.4' ' �:) . ,Operating Manager of Route 29 LLC,a Virginia limited
liability company.
1.:./ 1 L .-), o-c�I t - t� .
My Commission expires: ,
:l Notary Public
.' c,� t
1 Notary registration number: C� 4
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COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: ZMA201600001 Hollymead Town Staff: Sarah Baldwin, Senior Planner
I Center A2 Proffer Amendment Elaine Echols, Acting Chief of Planning
I Planning Commission Public Hearing: April 26, Board of Supervisors Public Hearing: TBD
2016
Owner: Route 29 LLC Applicant:Wendell Wood/Nena Harrell
Acreage: Approximately 43 acres Rezone from: No change in zoning district or uses
I proposed. Applicant wishes to change his affordable
1 housing proffer
TMP: 03200000004500, 03200000005000 By-right use: NMD which allows commercial, office,
and residential uses according to the Code of
j Development
Magisterial District: Rio Proffers: Yes
Proposal: Request to amend proffers related to Requested#of Dwelling Units: no change;
affordable housing, size of the pocket park in Block maximum of 1222 units allowed under existing zoning
,11 B1, and phasing
DA(Development Area): Places 29 Hollymead Comp. Plan Designation: Urban Mixed Use in
Centers which allows retail, residential, commercial,
I employment, office, institutional, and open space;
Commercial Mixed Use, which allows commercial,
1 retail, employment uses, with supporting residential,
office, or institutional uses; and Office/R&D/Flex/Light
Industrial which allows commercial, professional office;
research and development, design, testing of
prototypes;manufacturing, assembly, packaging.
I Character of Property: Currently the property is Use of Surrounding Properties: Residential uses:
graded but undeveloped as part of the Hollymead townhouses and a mobile home park; commercial; and
Town Center. undeveloped land.
Factors Favorable: Factors Unfavorable:
1. The applicant's requested affordable housing 1. The applicant's requested change in the way the
1 reduction is consistent with the County's affordable units to be provided is inconsistent with
affordable housing policy. other accepted affordable housing proffers and the
County's affordable housing policy.
2. A request to reduce the area proposed for a
pocket park is premature due to lack of
I information.
3. A request to change phasing for the project is also
I
premature due to lack of information or a
justification.
I RECOMMENDATION:
1 Staff recommends that Proffer 1 be amended to reflect a commitment to provide affordable housing equal to
15% of the total residential units constructed on the property. Staff does not recommend additional
amendments to change the method of calculating the number of affordable housing units to be provided,
I changes to area of the pocket park, or phasing at this time.
,4
I
ZMA 2016-00001 Hollymead Town Center Proffer Amendment
Planning Commission April 26,2016
Page 1
01
4 STAFF PERSONS: Baldwin, Echols
I PLANNING COMMISSION: April 26,2016
BOARD OF SUPERVISORS TBD
ZMA201600001 Hollymead Town Center A2 Proffer Amendment for Affordable Housing
PETITION
PROJECT: ZMA 2010-00013 Hollymead Town Center(A-2)
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL: 03200000004500, 03200000005000
LOCATION: Hollymead Town Center Area A-2, the southwest quadrant of Seminole Trail (US 29) and
Town Center Drive to the west of Area A-1 in the Hollymead Development Area.
PROPOSAL: Request to amend proffers
PETITION: Amendment to rezoning for 44.29 acres on property zoned Neighborhood Model District
zoning district which allows residential(3-34 units/acre) mixed with commercial, service and industrial
uses.
I OVERLAY DISTRICT: EC-Entrance Corridor; AIA-Airport Impact Area; Managed and Preserved Steep
I Slopes
PROFFERS: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers)-retail, residential, commercial, employment,
I office, institutional, and open space; Commercial Mixed Use,which allows commercial, retail,
employment uses, with supporting residential, office, or institutional uses; and Office/R&D/Flex/Light
Industrial which allows commercial, professional office; research and development, design, testing of
prototypes;manufacturing, assembly, packaging.
I
CHARACTER OF THE AREA
I The site is located on Meeting Street and Town Center Blvd. in the Hollymead Town Center development
(Attachment A). It is currently graded and vacant. Residential, commercial, and vacant properties
surround the use.
SPECIFICS OF THE PROPOSAL
j In 2007 Hollymead Town Center A2 was rezoned for up to 1222 residential units in the form of
townhouses and multifamily units and up to 368,700 sq. ft. of nonresidential uses. In 2010, the owner
requested and received approval for a modification to the application plan,code of development, and
proffers to allow for a movie theater on the site. Attachment B contains the existing proffers that
4 accompany the application plan and code of development. A link to the application plan and code of
development can be found here.
Attachment C contains the proposed proffers.The primary change to the proffers, as indicated by the
applicant, is to reduce the amount of proffered affordable housing from 20%to 15%. However, in
I reviewing the applicant's 2016 proposed proffer amendments, staff identified three additional material
4 changes which are discussed in this report. These changes are 1)wording that would change the way in
4 which the amount of affordable housing is calculated; 2) a reduction in the size of the pocket park in Block
B1 from 10,000 square feet to 4,500 square feet; and 3) changes to the phasing plan that was originally
provided with the zoning.
I
APPLICANT'S JUSTIFICATION FOR THE REQUEST
I The owner/applicant has stated, "The original proffer was agreed to by a previous owner in 2007 and is
excessive and disproportionate to other Affordable Housing Proffers in the County.The excessive proffer
has had a negative impact on residential development in Hollymead Town Center Area A-2." (See
Attachment D.)The applicant did not provide any information or justification for the other changes.
I
PLANNING AND ZONING HISTORY
• ZMA200700001-Rezoned property from RA, C1, NMD, and PDMC to NMD to allow for up to
1,222 dwelling units, at a gross density c 26 units per acre,and up to 368,700 sq. ft. of non-
I residential, including a hotel.
ZMA 2016-00001 Hollymead Town Center Proffer Amendment
Planning Commission April 26, 2016
Page 2
• ZMA201000006—Amended Code of Development, Application Plan, and proffers to
accommodate a prospective movie theater.
• • ZMA201000013— Proposed amendments to proffers which were reviewed by the Planning
Commission and the Board, but, not approved. Applicant deferred to address issues, but the.
deferral period ended April 16, 2015.
Although no construction has taken place,the following plats and plans have been reviewed and, in some
cases, approved:
SDP201000079 Town Center Movie Theater Early Grading Permit- Final
SDP201000086 Lockwood Townhomes At Hollymead - Final
SDP201000087 Great Escape Movie Theater at Hollymead Town Center- Final
SDP201500050 Hollymead Town Center, Block Dl, D2, & C2 Apartments- Initial
SDP201500063 Hollymead Town Center Blocks C3 & C4- Initial
SUB201000116 Hollymead Town Center-BLA
SUB201000132 Hollyn�eac Town Center Theater- Final
COMPREHENSIVE PLAN
The property has three designations in the Places 29 Master Plan. The majority of the property is shown
for Urban Mixed Use (in Center:), 3n,d smaller areas are shown as Commercial Mixed Use and
rt` Office/R&D/Flex/Light Industrial. The applicant is not proposing any changes to the land use with this
I request.
Strategy 6b of the Housing Chapter states: Continue to ensure that at a minimum, 15%of all units
developed under rezoning and special use permits are affordable, as defined by the County's Office of
Housing, or a comparable crsrntrihut,_at is made to achieve the affordable housing goals of the County.
This strategy was initially ad ,rated as part of the County's affordable housing policy in 2005. In 2015, the
updated Comprehensive Pl n continued to include this policy and, with very few exceptions,all rezonings
with a residential component have included provision for at least 15%affordable units.
Strategy 21 in the Development Areas Chapter speaks to the importance of parks, recreational amenities,
= and open space: Acquire, develop, and maintain public parkland shown on Master Plans. Continue to
require recreational amenities in residential developments.
DISCUSSION
Percentage of affordable housing to be provided
During the Board of Supervisors review of the initial rezoning'in2007, the applicant proffered 20% of his
I built units as affordable; however, as part of his proffer negotiations, he wanted to retain the ability to
provide cash-in-lieu of units ,,t his discretion, resulting in a guarantee that only 5%of the 1222 units would
be built as affordable units. r',I the time, the I lousing Director said provision of only 5%of the built units as
affordable was not acceptaf. > for such a large development. When the applicant next submitted proffers,
which were ultimately acceb. d by the EPoard of Supervisors, the cash-in-lieu exception was dropped but
the total amount of 20% off,_. d .t.le built units remained. To staff's knowledge, Hollymead Town Center A2
s has been the only project to pfier'more than 15% affordable units,where the remainder of units in the
development would be market rate units. Because the expectation for 15% affordable units is the
expected percentage established in the Comprehensive Plan and because staff would have
I recommended approval of the proffer at 15% in 2007, staff can support the applicant's request to reduce
A
the amount of affordable un o tfrom 20% to 15%.
Calculation of the number of affordable units to be provided
The applicant has also requested a change in the wording of the proffers such that 15% of the market
I rate units in the project would be prov'ded as affordable, rather than 15% of the total number of units. The
applicant indicated to staff in the prea ;plicat c;n meeting on this project that the County has not been
consistent in its application : f the aff r-'able housing policy and it would be fairer to base the number of
affordable units to be provio, _J on the n rmber of market rate units proposed. Staff has been researching
ZMA "16-0.)001 Hol vmead Town Center Proffer Amendment
"artninf'''Commission April 26, 2016
Page 3
this claim and, to date, has t k eon 7 ' 'nd instances where application of affordable housing policy
has been inconsistent amorprojecs
In any case, however, basin, the number of affordable units in the project on the number of market rate
-1 units planned would be contrary to the County's affordable housing policy which says:
Continue to ensure that at a minimum, 15% of all units developed under rezoning and special
use permits are affordable, as defined by the County's Office of Housing, or a comparable
contribution is made to achieve the affordable housing goals of the County.
Staff cannot recommend this proffer`wording change.
Size of the pocket park in Black B1
) Proffer 6 relates to a pocket r'ork that was shown on the original and amended application plan. This
pocket park for the develops 'r nt that is also is reserved for dedication to'the County should the County
want this pocket park in the :,,tore. The current offer is for 4,500 square feet,,instead of 10,000 square
feet.
During ZMA201000013,'the -applicant made a similar type request which the Planning Commission did
not support without a corn ,,` r)eat to 111.:'o' up the difference in square.footage elsewhere in the block.
The Board of Supervisors s,dpporteu in, :'mmission's action and staff was waiting for the applicant to
make the change, which never occurred. While staff does not know if the proffer change with this 2016
ZMA was intentional or a he Idover from r n"A201000013, there was nojustification provided with the
current request nor a comn) ;me at for tm_ other 5,500 square feet of park or open space in the block. For
1 these reasons, staff cannot support the proposed pocket park size reduction.
r Phasing
. Proffer 11 discusses the phasing of the project.The existing proffers indicate that building permits must
r be issued for at least 100 dv.a:lirg units prior to allowing for the construction of any commercial or office
square footage. For more LI .a 200,L00 3re feet of commercial or office square footage, building
permits for at least 600 dwe ,rip units m. ;t . a issued. This phasing was'intended to ensure a
proportionality of resident[,,1 , co:a IE, units were built as the project progressed. At the time, there
was concern that commerc. or office r ,.'s would be built immediately and the residential aspect would
lag far behind.
As with the pocket park size, phasing was a consideration with ZMA201`000013 discussed with the
Commission and the Board. 1 he 2010 proposed change, however, is different than phasing changes in
li ZMA201000013. As with the chance to the size of the pocket park, there is no justification provided for
this request. In March 201r3, the apalicont s,,bmitted an application fbr.More substantive changes to
Hollymead Town Center A2 which will KO v come to the Commission in a few months. Discussion of
I phasing and the pocket park in Block B CO,, be part of that ZMA review.
Minor non-substantive changes to proffers
Minor non-substantive chanes to :he c ;+ ng of the proffers are needed, prior to approval by the Board
of Supervisors.
SUMMARY
Staff has identified,the foil v ing factor, .. r,l is favorable to this rezoning request:
1. The applicant's req., 'steel affordable housing reduction from 20%o to 15% is consistent with the
County's affordable sousing poHy.
I Staff has identified the following factors are unfavorable to this request:
1. The applicant's re a 'stE d c r :r . the way the affordable units to be provided is inconsistent
A with other accepted ,..'.fc.,rdabl..2 proffers and the County's affordable housing policy.
1 2. A request to reduce a e ad for a pocket park is premature due to lack of information.
ZMA 2('16-0200'. ••t '"""mead Town Center Proffer Amendment
Pla,, ' Commission April 26,2016
Page 4
3. A request to chance phasing f r tH-: project is also premature due to lack of information or a
justification.
RECOMMENDATIONS
33 Staff recommends that Proffer 1 be amc r ' r i to reflect a commitment to provide affordable housing equal
1 to 15% of the total residential units on the property. Staff does not recommend additional
amendments to change the method of of c lating the number of affordable housing units to be provided,
I 4
changes to area of the pocket park, or t.me- ng at this time.
PLANNING COMMISSION MOTION-ZMA201600003 Out of Bounds.Proffer Amendment:
A. Should a Planning Corm ssioner ch, r > to recommend approval of just the proffer change to reduce
the amount of proffered housing from ',1'„Vo to 15% as part of this zoning map amendment:
Move to recommend approval of ZM A201600001 Hollymead Town Center Proffer Amendment, with
affordable housing equal to 15% of t ao t tal residential units constructed on the property and minor
nonsubstantive wording changes.
B. Should a Planning Corm ssin neer ch')os,? to recommend approval all as submitted by the applicant
,a with this zoning map ar le+idment:
Move to recommend ar,pmoval of Zl\il ^600001 Hollymead Town Center Proffer Amendment, with
3 amendments to proff, ty, and 7 . linor nonsubstantive wording changes.
C. Should a Planning Con Ir Asa aner ch c to recommend denial of this zoning map amendment:
,t
Move to recommend d,;n : o1 `0001 Hollymead Town Center Area A2 with reasons for
denial. Should a coni,, s:, :)net-mot/., recommend denial, he or she should state the reason(s) for
recommending denial.
Attachments
A-Location Map
B- Existing Proffers appr;ved November 10,2010
C-Proposed proffers da'_�d J. r a ii ,' 1 , 2016
D-Applicant's Justificatz t
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1
ZMA 2016-00001 Hollymead Town Center Proffer Amendment
Planning Commission April 26, 2016
Page'5
ATTACHMENT A
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} Area shown in pink/rr,a ntn [dent'Ile
properties under review for a proffer amendment.
1
1
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1
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Attachment B
J
ATTACHMENT 2
Original Proffer:
Amended Proffer X
j). OFF R FOPMMM
Date:November 4,2a :,•
ZMA#:ZMA 2010 OC C? ;, l iyri emd Tow; Center Area A-2
Tax Map Parcel Num,' 32-45 and t°2--
a
at:1
445. .ftkI te's to be rezoned from RA to NMD
In conjunction with tf3:- tttar itc stiron P;.a entitled "ZMA Application Plan for N.l.. Portion of Hollymead
Town Center A-2," a lot{ 1 'ii"eh 13, ar .t , 'reviaed August 31, 2007 (the "Application Plan" and the
Amendment to the Apt-1 ,,n Plan r.`fad, "Amendment to the General Development Plan for ZMA
2007-001," dated Nov. ) 1, 2010 {:{ tit "Amened Application Plan for Blocks 61, B2 and B4") and
Hollymead Town Cc.rJ ,ca A-2 Zca\ 2010,-006 Rezoning Application and the revised Code of
Development approve(. F a injunction ^r. h ZMA 2010-006.
Tax Map Parcel Num`o.a 32-45 and ?^- 0, comprising 44.5 acres and also identified as Hollymead
I Town Center Area A-2, : a subject to rr>a -ring application 7tAIA 2010-006 and to this Proffer Statement
(the "Propatty )• The i'r; e
fy is dear: ed with more particularity on the Aptilication Plan, which
applies to all portions tat' ane Property opt for Blocks 81, 82 and B4, and the Amended Application
Plan for Blocks B1,82 and 84. The App;altaatian Plan and the Amended Application Plan for Blocks B1,
I B2 and B4 are attached #,cfreto asExill't,ta to and 8, respectively.
The Owner of the Prsrtp;:=-'y is Route 29 LLC,a Virginia limited liability company(the"Owner").
The Owner hereby voluav'ri'y procfttra h tat If the 'hemarle County Board of Supervisors acts to rezone
the Property to Neighrac: t tt, t air r (Nt,r), Os request ad, the Owner shall develop the Property
in accord with the fo,e~ _: „ is at to te:ct on 15.2-2303 of the Code of Virginia, 1950, as
amended, and pursu..erfoh.ii 3”) t le Ai a Alaerie Coaanty Zoning Ordinance. These conditions
Ai are voluntarily prof... nart of ۥ st, dartitt rezoning, and the Owner acknowledges that the
I conditions are tease. a . luau prc t, •)uf the proffers accepted in conjunction with ZMA
2007-001. If rezoning n tion t gs\ ,,-OGu a. niched, these proffers shall immediately be null and
void and of no further f,,_. -.nd effect, r, it the proffers accepted in conjunction with ZMA 2007-001, as
well as the Application , , . and t r Der ;mint apr.roved in conjunction with ZMA 2007-001,
shall continue to apply . !ymeile Area A-2.
1. Affordable H- r Thi) C rha;l provide affordable housing equal to twenty percent
(20%) of the total res ai unit. _ ;-d on the Prot,=arty, in the form of for-sale condominiums
and townhouses,and t::_- rtt cont•,o,: iov.nhouse^.°, apartments tments and accessory units.At least 40%
of the affordable units °;.` oe in the I I for sale condominiums and townhouses. Each subdivision
plat and site plan for la ,yithir) , shalI dadi;,trite the lots or units, as applicable, that will,
j subject to the terms and t,. rrditions ;t: . ,.-nrffer, incorporate effordabire units as described herein, and
I the aggregate number c . , h ? i. . _ ;alated far of rdable units within each subdivision plat
and siteplan shall co, sc . : a •c:; :; per,,,at (.a tt)of the lots in such subdivision plat or
site plan.
The Owner nr - °sa,r" atard',s for at')rdable units in the event an Individual
subdivision plat or sett it,j, tar ) r it that in Bite aggregate exceed the twenty percent k
I (20%) minimum for s aivi Dn c , �: l.=r;, and such additional affordable units may be
I allocated toward the y pert ,tt rr =gift on or,y future subdivision plat or site plan,
provided however, the i axle , t r c' - rc'tbie u-:is that may be carried over or banked
t
1
Attachment B
shall not exceed twe,=tt;rercent (Lo . :,. total units on any subdivision plat or site plan. The Owner
shall convey the resp, 111"11 c xE s'rircting the f r)rdable units to the subsequent owners of
lots within the Props!.,. .kith w,_ =.i r real of the Coc,nty's Subdivision Agent, the Owner or its
successors may revis: ich lr, a, t ,..tt are r asigna.ed on the subdivision plat or site plan that
will contain affordable , . its as err L,Icier this ro t r; provided that the number of the lots so
'4 designated shall not L.,- muted.1 is le ewraer at tile pro.used time of construction shall offer units
affordable to househo: ith leeo rrl .s thr n sigh's/perms It(80%)of the area median income such
that housing costs cccit._ r sf of erin, : e i ;s°cat, re,,I estat= taxes and homeowners insurance (PITI)
do not exceed thirty r. ,t )of c ;E >r; household in(ime.
A. For- `for€f hlo ,ts•,. AffordeUUfe unitshall be affordable to households with
Incomes less than ,. Pers. f tha m 'an family income (the "Affordable Unit
1Qualifying Income"), Pat the hoes note con ;sting of principal, interest, real estate taxes, and
homeowners insurer ITI) drr net art thirty percent (30%) of the Affordable Unit Qualifying
Income, provided, hov. ._ ::r,
that in r 5 ( shall the selling price of such affordable units be required
to be less than the grc, r f One Ht. , r ety Thousand Four Hundred Dollars ($190,400)or sixty-
1 five percent (65%) c f app'ic'a+" §Pa Housing Development Authority (VFIDA) maximum
mortgage for first-tin .; a t. : oginn;. g ,,f .::c) 90-day identification and qualification
period referenced b(_ t„:;cee ors terest may at its option provide down
pa
- pa that.the yment assistance c r Acer ',td n )rt}a c.}.,to reduce the costs to the homebuyer,
resultantso
; rt .. coss, r, ;:a, at, or below, the,parameters described
above. All financial I .m,,,, =kescc, eJ r . °a 'must be acceptable to the primary
mortgage lender.An} mor: rgo) r cuted as part of the affordable housing
proffer shall be don: . r , mar (the :otunty") or Its designee to be used to
address affordable h .. each d f ,ual ing . . er these parameters counts as one (1)
affordable unit.
1 B. pE t>
(1). 1 t:c1 Rates,. act, net rent for each for:rent affordable unit shall not
exceed the then-currnrrt ape,: is ca ;elan net rent r .te as published by the County Housing
Office. in each subs _c.., ,i alencer ,'i,s(. i = rn")rithl net ret-s, for each for-rent affordable unit may be
increased up to three (3-t). r=r. . .rs of tele prP_:,tr statement, the term "net rent" means
that the rent does net de I. ..ri' -,. [:es. ",ae rr , ement that the rents for such for-rent
affordable unitsmay entt. est as ed in this Proffer 1B shall apply for a
period of ten (10)years ific<_,3 of e panty is issued by the County for each
for-rent affordable uni:., t;l ts. io° or r, fc~ rate cost units qualifying as such under
either the Virginia Ht a ay, 'tome Administration, orHousing and
Urban Development, t . , c 3irst lie°';..0 debie Term").
(2). ;- Al! ;etc a rnveying any interest in the for-rent •
affordable units Burin s t, dna ,a la, gu.ga reciting that such unit is subject to
the terms of this Pr: r '> in add pertei:ing to a conveyance of any for-rent
affordable unit, or en a:r thereof, Affordable 1`orm shall contain a complete and full
disclosure of the restr ono (-dot- -t °rbed i)e/this Ft"offerIB.At least thirty(30)days prior to
the conveyance of any: r, ,>t(etaor rg of a mortgage or deed of trust)In any for-rent
I affordable unit during tie daeic To curr: nt ownitr shall notify the County in writing of the
I conveyance and provi . nails, 1-c; 3 .elef-° .)ne nett bar of the potential grantee, and state
that the requirements c`_ i'refer le,`° ' s,_1 s< .fled:
(3). rid ' ?uri, ; the,4, ',rdable Term, within thirty(30)days of
43 each rental or lease it w pan-currentowner shall provide to the
Albemarle County Hoo 'el r lam; treement for each such unit rented that
I shows the rental ratefe : rrt =` ase agreement. In addition,during the
Affordable Term, the t t_ iric ) P aunty, if requested, any reports, copies
of rental or lease agrt. nid to ,: ntal rates as the County may reasonably
require.
I
4
t
Attachment B
2. Road lermr .'r§ t = Within ! r of, r approval of ZMA 2007-001, the following streets
shall be completed:
O A. Mae:rip -',set from w ,.a .t, r,. ction cf Town Center Drive to the northern boundary of
;4ret; i. rt.,*'to Sr ] :; -3 two orthbound and two southbound travel lanes, one
nortl I on . ° r A tlicy, 'a lane. Initially, one lane in each direction may be
utili2 eat
B. Towtom -s Road A) from the Eastern edge of the NMD
zonir 1 of Meeting Street to itsIntersection with State Route
606, ,,tic s, ton Rctrr1. This section of Town Center Drive shall be
{ cons = to or two true rel lanes, with a cross section approved by the
sour; Irt . ir, , tot 0 0df,r,t wide right-of-way.
3 For purposes : rl "s Proffer ='r : .no-t'on of each street shall be deemed complete when it is
ready to be recommr. _. .: by the All;. , . :.::.,anty Board of Supervisors for acceptance into the state-
11'
tate-
1 maintained system, e , . Onor l;_ . . frorr the County Engineer a written determination that
the street is safe and F it'rt# �r
The road imt,ovr ;ntc !rotes , in £3 cli be x~onstructed in accordance with the NMD Code of
Development as app, `v. c s; :: (.." 2 1 : rl,lch with respect to the road Improvements are
the same as those cr 'i,the f far it approved in conjunction with ZMA 2007-001),
and with road plans a ;l t y th. tr fpr i.rd by the Virginia Department of Transportation
("VDOT").
3 public Tran'= 4r shall construct two public transit stops within
Hallymead Town Ce. tr . n f < t public transit stops shall be identified on the
Application Plan and , d os. i . loa,tiors shall be approved by the Director of
I. Planning prior to app, thr: ° o pier r r site pier) for Hollymead Town Center Area A-2.
Construction of the p r c for i , 3ojurictic, with improvements for the subdivision
plat or site plan or the . u. , r sty�.�; _ � irsclude the area for the transit stops. The design of each
public transit stop shr. 3 .. _.,ittir r.; to ,,p t'yr VD(T and th,f County Engineer,and shall include no
less than 200.square f: t ;;:o, c o-benches.,,.:
4. Cash Profferr, = oir` ,'! g' . r .,_rt Market Rate unit, the Owner shall contribute cash on a
per dwelling unit baso fui pjrt)on r 4, r rq Serkrnar Drive Extended,other County infrastructure,
transportation, public roof , s_a,f 1, Improvements. The cash contributions shall be:
$12,400 cash for east. ..? :�, ,` . �. "�.� dwelling unit,other than an affordable dwelling
unit ("Market Rate Ur 11.9 - 11 'tifamitylapartment dwelling unit other than an
affordable dwelling ur r Rei '; contribution shall'be paid at the time of the
Issuance of the bullet ',, t . °.ni. for .. n „ 3111t, ..nless the timing of the payment is otherwise
specified by state law.
I Beginning Jar jet X13, t h cash ootitribution required herein shall be
adjusted annually unt. pe kr _areas:,for the preceding calendar year In the
Comparative Cost Mu pr to ;he,ost tA.verage, Category C. Masonry Bearing
Walls issued by Mar it rt t :'lel.; 1,irstrall :rndSwift) (the "index") or the most
applicable Marshall & ;v J. r the cd ,onty if Mtirshall&Swift cease publication of the
Index identified herein , L.: h c t rbut cn r,<riount be adjusted to a sum less than
the amount initially es r ,. onual anjustment shall be made by multiplying
the proffered cash con :"i::... .n .,.c€r.: ;,.ceding year by a fraction,the numerator of which shall
be the index as of Dec r, ; ;._ tr; =ar most reconttj ended, and the denominator of which i
shall be the index as r t , , e "rtiCi,ding the calendar year most recently ended. For
each cash contributio:. Ji.. ,r . . o-nts, the unpaid incremental payments shall be
j
correspondingly adjust .::
)
1
Attachment B
1 5. Cre rnvay. The Owner shell dedicate in fee simple a minimum 7.6 acre greenway" to
Albemarle County for public use.The dedication is identified on`the Application Plan as"Greenway Area
dedication to Albemarle Cjinty, and shall include a strip of land that runs along Powell,Creek with a
minimum width of 50 feet on the each side of Powell Creek, subject to the limitations of the Property
boundary. The dedicated area will also include all flood plain area along Powell Creek within the
Property boundary. The Cs:vner shall complete the improvements shown on the Application Plan and
shall dedicate the Powell C eek Groenwvay to the County at the time of the first site plan or subdivision
plat approval.After it is dedicated to public use, the Greenway Area shall continue to be included in the
1 total area of open space end amenities within the Property. if the Greenway is not dedicated by
subdivision plat, the Owner shall be responsible for the cost of a survey and preparing the deed to
convey the Greenway to the County.
1 6. Pocket Park. In conjunction with'the subdivision plat or site plan that includes the land
described in this Proffer 6, the Owner shall establish an approximately 10,000 square foot pocket park
1 (the"Pocket Park")located on the northern edge of Block B1 fronting Town Center Drive as shown on the
Amended Application Plan for Blocks B1, B2 and B4, and shall include all such improvements,,
landscaping and other features identified in the Code of Development.The Pocket Park shall be included
in the total area of open t ,.
.�.>ce and . =pities within the Prope y.The subdivision plat or site plan shall
include a note stating tl;'. : e Pock, 'ark is ref for futuro dedication to the County of Albemarle
ti and, upon the request Ci Cour , .'re Own ceall dedicate in fee simple the Pocket Park to the
County. If the Pocket l ' is not .;:. lcated b ..ubdivision plat, the Owner shall pay the costs of
surveying the Pocket Pr, repanng I or more elate thereof and preparing and recording one or more
deeds of dedication.
I 7. Fi.cyclinci Cerrf r r Other ' = r.rr_ r Upon the request of the County, the Owner
shall dedicate in fee s r . a a two (et) .;cre pare f land for use by the Countyor Its designee as a
4 Recycling Center, or ct .,,r commit-lay facility lee tified in the GIP, to be located in an area most
appropriate for such use ..> ::freed by the County end the Owner. If the land for the Recycling Center
1 or Community Facility is not dedicated by subdivision plat, the Owner shall pay the costs of surveying
the land, preparing one or more plats thereof anti preparing and recording one or more deeds of
dedication.
B. Recreatieraai F =ties. The Owner shall contribute T.500.00 cash per residential unit,to be
paid at the time of issn t of et='31 building p.rt..`:t unless ttra timing of the payment Is otherwise
specified by state law,f purpt . ( `funding I q uxpansiort r new development of regional outdoor
recreational facilities as = mine t le Count t rks and t`. .;;reatlon Department.
9. Critical Slotree, siert sr°a direent tt, .trot aril etorrriwater ielanatletrrient.
A. Critical Slop, . The C°>o; rr shall aptly for critical slope waivers forany roads located in
critical slob e javerne.,t_,'§ 18-4.2 .1 segs.of the Albemarle County Code.
B. Erosion end 1:.tdimort et;:utrol. The C, ner shall, to the maximum extent practicable as
4 determine- the Cott, Progra A'uthority, rrovide additional erosion and sediment
1 controls to eve a sta dirt ent remove` rate of e,.hty percent(80%)for the Property. (As
I a reference, tregale ary struct ar it measurds achieve a'60%optimal removal rate.)
C. Revegetation. Within nine (9) months after the start of grading under any erosion and
1 sediment e t fr ail permit, permanent vegetation shall be Installed on ail the denuded
areas, exc , pair area t:le Progrk, Authority eetermines are otherwise permanently
stabilized .. under ::o itruction �i an aper ed building permit. A three (3) month
1 extension a ins . -n of per: , neat vejc on may be granted by the Program
-t Authority t Y spec umstanr cludini I not limited to weet]her conditions.
D. Stormwatr . r Owrr t i all, to tiprriaximurr c/tent practicable as determined by the
County's F°F am Au l:.: , j, provie, additional c tormwater management to achieve a
removal rt 'a J% bet r' :hen vvoit otherwise be required by the Water Protection
Ordinance e =merle ity Cod, 17-100 c;, seq.) up to a maximum of an eighty
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Attachment B
percent(80%)removal rate for each phase.
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10. LEED StaaL_Iarilsfor Core`and Shell Ds loprrresntt The Owner shall cause the commercial
and mixed-use buildings to the Project to be designed and constructedto meet minimum standards for
4 certification (twenty-three (23) credit points) under LEED Green Building Rating System for Core and
Shell Development as sat forth in the U.S.Green Building Rating System,Version 2.0,July 2006. Prior
to the issuance of a bending permit the Owner shall submit a certification from the LEER certified
architect to the Director of Community Development that the brlilding plan meets LEED standards. Before
the Owner requests that a certificate of occupancy for any building for which a licensed architect rendered
I such a certificate, the Owner shall submit to the County's Director of Community Development a written
1 statement Thorn the architect that the building was built to the plans on which the certificate was based.
1 11. Phasing Plan. Prior to the issuance by the County of a building permit that would authorize the
construction of any squar) feet of gross floor area (aggregate) of commercial and office gross floor
area within the Property, r uilding permits shall have been issued by the County for at least 100 dwelling
units. Prior to issuance by the County of a building permit that would authorize the construction of more
than 200,000 square feet of gross floor area (aggregate)of coirimercial and office gross floor area within
the Property, building pr rr 's shall tFeve been is ..y.cI by the Ceenty for at least 600 dwelling units.
12. Willow Glen Core titan. 1,1f n the requug st of the Ccvv @city, the Owners shall dedicate for public
I use a public right-of-w , tr..:arminr J to be app ,,,date by VL and the County Engineer, extending
j from Town Center Drive 1.) the Pr>perty's bowl .ry with th, proposed Willow Glen development, as
shown on the Applicatf11 elan anel within Block C6 as she,.<'n on the Block Ptah (the 'Willow Glen
Connection"). Upon the ,est of P to County, t' Owner she grant all necessary drainage easements
I required for the Willow C Cannectien and all t«i:;forary con:.auction easements to appropriate parties,
including the developer= proposed Willow Olen developn;xant, to allow the construction of the Willow
Glen Connection. Apprc , , of the Couity Engineer end the Owner for the location of the connection to
1 Willow Glen maybe sht, from the rttea shown In the Appl`eation`Plan to a more,suitable location to
both the Owner and the Co..intywhich still provides access from Willow Glen to Town Center Drive.
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4 E 13. Co mmunity Davi dont rat worfty. Upon the rainiest of the County, Owner shall petition for
3 and consent to a Comrt s evel v pl a ant Author le "CDA'") r:stablished pursuant to Section 15.2-5152,
et seq. of the Code of\i: is ("Cof1e') to be crew ,,,1, excludig residentialproperty within the Property,
for the purpose of fines , funa rig, planning, tablishinf;, constructing, reconstructing, enlarging,
extending,or maintainin cept to .`. extent VD( :"maintain; any public improvements)Route 29,and
roads and other improves, :. Its associated therewith.
WITNESS the following : -,trire:
4 ROUTE 29 LLC,
a Virginia limited liability 4 -thy
I P.O.Box 5548
I Charlottesville,VA 2290'1
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