HomeMy WebLinkAboutZMA201600001 Staff Report Zoning Map Amendment Proffers 2016-06-08 a .,
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Original Proffer:
ji Amended Proffer:X
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PROFFER FORM
Date: May 27,2016
ZMA#: ZMA2016-001,Hollyrnead Town Center Area A-2
Tax Map Parcel Numbers: 32-45 and 32-50
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44.5 Acres to be rezoned from NMD to NMD
1! In conjunction with the Application Plan entitled"ZMA Application Plan for NMI)
Portion of Hollymead Town Center A-2,"dated March 13, 2006,revised August 31,
2007 (the "Application Plan"and the Amendment to the Application Plan entitled,
a "Amendment to the General Development Plan for ZMA 2007-001,"dated November 1,
2010 (the "Amended Application Plan for Blocks B1,82 and B4") and Hollymead Town
Center Area A-2 ZMA 2010-006 Rezoning Application and the revised Code of
Development approved in conjunction with ZMA 2010-006.
1 Tax Map Parcel Numbers: 32-45 and 32-50,comprising 44.5 acres and also identified as
1 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
the Application Plan,which applies to all portions of the Property except for Blocks B1,B2 and
B4,and the Amended Application Plan for Blocks B1,B2 and 84.The Application Pian and the
Amended Application Plan for Blocks B 1,B2 and 134 are attached hereto as Exhibits A and B,
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The Owner of the Property is Route 29 LLC,a Virginia limited liability company(the
"Owner").
„ The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors
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 15.2-
1 2303 of the Code of Virginia,1950,as amended,and pursuant to Section 33.3 of the
Albemarle County Zoning Ordinance.These conditions are voluntarily proffered as part of
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 2016-001 is denied,these proffers shall
immediately be null and void and of no further force and effect,and the proffers accepted in
1 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
Hollymead Town Center Area A-2.
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1.Affordable Housing,,The Owner shall provide affordable housing equal to fifteen
1 percent(15%)of the total residential units constructed on the Property,rty,in the form of for-sale
, condominiums and townhouses,and for-rent condominiums,townhouses,apartments and
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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
,k 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
I subdivision plat or site plan designates affordable units that in the aggregate exceed the fifteen
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 be carried over or
banked shall not exceed fifteen percent(15%) of the total units on any subdivision or site plan.The
Owner shall convey the responsibility of initially constructing the affordable units to the
subsequent owners of lots within the Property.With the written approval of the County's
3 Subdivision Agent,the Owner or its successors may revise which lots and unit-types are designated
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
the gross household income.
A. For-Sale Affordable Housing Units. Affordable'units shall be affordable to households with
I incomes less than eighty percent(80%)of the area median family income (the"Affordable Unit
4 Qualifying Income"),such that the housing costs consisting of principal,interest,real estate taxes
and homeowners insurance(PITT)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
I Authority(VHDA)maximum mortgage for first-time home buyers at the beginning of the 90-day
I identification and qualification period referenced below.The Owner or its successors in interest
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,
I or below,the parameters described above.All financial programs or instruments described above
must be acceptable to the primary mortgage lender.Any soft second(silent second mortgage)
I 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.
B. . Affordable Units.
(1). Rental Rates.The initial net rent for each for-rent affordable unit shall
I 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
affordable unit maybe 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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requirement that the rents for such for-rent affordable units may not exceed the maximum
gi rents established in this Proffer 1B shall apply for a period of ten(10)years following the
I 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
1 Virginia Housing Development Authority, Farmers Home Administration,or Housing and
Urban Development,Section 8,whichever comes first(the "Affordable Term").
a (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
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 ProfferlB.At
i 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
I 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
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
,I each such unit rented that shows the rental rate for such unit and the term of the rental or:.
1 lease agreement.Inaddition,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:
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
g each direction may be utilized as on-street parking
1 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
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
I Engineer a written determination that the street is safe and convenient for traffic.
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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3.Public Transit Stop Construction.The Owner shall construct two public 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
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subject to approval by VDOT and the County Engineer,and shall include no less than 200
square feet of paved surface and two benches.
4.Cash Proffer.Beginning with the 151st Market Rate unit,the Owner shall contribute
cash on aper dwellingunit basis for the purposes of fundingBerkmar Drive Extended,other
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County infrastructure,transportation,public safety,school,parks and library improvements.
The cash contributions shall be:$12,400 cash for each attached/townhouse/condominium
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.
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
the Comparative Cost Multiplier,Regional City Average,Southeast Average,Category C:Masonry
Bearing Walls issued by Marshall Valuation Service(a/lc/a Marshall and Swift) (the"Index")or the
most applicable Marshall&Swift index determined by the County if Marshall&Swift cease
publication of the index identified herein.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
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
I contribution that is being paid in increments,the unpaid incremental payments shall be
correspondingly adjusted each year.
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I 5. Greenway. The Owner shall 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 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
within the Property boundary. The Owner shall complete the improvements shown on the
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
Greenway is not dedicated by subdivision plat,the Owner shall be responsible for the cost if a
I survey and preparing the deed to convey the Greenway to the County.
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(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
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
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
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
Owner shall dedicate in fee simple a two(2)acre parcel of land for use by the County or its designee
as a Recycling Center,or other community facility identified in the CIP,to be located in an area most
appropriate for such use as agreed by the County and the Owner. If the land for the Recycling
I 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
deeds of dedication.
I 8. Recreational Facilities. The owner shall contribute$500.00 cash per residential unit,to
I be paid at the time of issuance of each building permit unless the timing of the payment is
I 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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9. Critical Slopes.Erosion and Sediment Control and Stormwater Management.
A. Critical Slopes. The owner shall apply for critical slope waivers for any roads
located in critical slopes governed by§ 18-4.2 et seq.of the Albemarle County Code.
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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sediment controls to achieve a sediment removal rate of eighty percent(80%)for
the Property. (As a reference,current regulatory structural measures achieve a
60%optimal removal rate.)
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
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
4 the County's Program Authority,provide additional stormwater management to
achieve a removal rate 20%better than would otherwise be required by the Water
j Protection Ordinance(Albemarle County Code§ 17-100 et seq.)up to a maximum of
an eighty percent(80%)removal rate for each phase.
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
A for certification(twenty-three (23)credit points) under LEED Green Building Rating System for
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
3 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
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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
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.
j 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,
11 extending from Town Center Drive to the Property's boundary with the purposed Willow Glen
I development,as shown on the Application Plan and within Block C6 as shown on the Block Plan
j (the"Willow Glen Connection"). Upon the request of the County,the Owner shall grant all
1 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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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.
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
i 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,
constructing,enlarging,extending,or maintaining(except to the extent VDOT maintains any public
improvements) Route 29,and roads and other improvements associated therewith.
j WITNESS the following signature:
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li Route 29 LLC,
j A Virginia Limited Liability Company
P.O.Box 5548
Charlottesville,VA 22905
,ri,�� �'
I By:
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Operating Manager
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COMMONWEALTH OF,,VIRGINIA,
71 CITY/COUNTY OF '1 -r'e ,to-wit
The rg9in nstrument, as acknowledged before me this `: 1. day of May,2016,
By' .. ` OCX`,Operating Manager of Route 29 LLC,a Virginia limited
liability company.
My (.Commission expires: Ai {lX '(),0-0) Y , it '�i7
Notary Public
Notary registration number:
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ORDINANCE NO.16-A(2)
ZMA 2016-00001 HOLLYMVIEAD TOWN CENTER
AREA Al PROFFER AMENDMENT
AN ORDINANCE TO AMEND THE PROFFERS APPROVED WITH ZMA 2010-00006
FOR TAX MAP AND PARCEL NUMBERS 03200-00-00-04500 AND 03200-00-00-05000
WHEREAS,the application to amend the proffers that were approved with ZMA 2010-00006 for Tax Map
and Parcel Numbers 03200-00-00-04500 and 03200-00-00-05000(the"Property")is identified as ZMA 2016-00001,
Hollymead Town Center Area A2 Proffer Amendment("ZMA 2016-00001");and
WHEREAS,ZMA 2016-00001 proposes to amend Proffer#1 to reduce the amount of affordable housing
proffered from 20%to 15%;and
WHEREAS,staff recommended approval of ZMA 2016-00001 provided that minor revisions were made to
the proffers,and such revisions have since been made;and
WHEREAS,the Planning Commission held a duly noticed public hearing on ZMA 2016-00001 on June 7,
2016-0001.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle,Virginia,that upon
1 consideration of the staff report prepared for ZMA 2016-00001 and its attachments,including the proffers dated
May 27,2016,the information presented at the public hearing,the material and relevant factors in Virginia Code
§ 15.2-2284,and for the purposes of public necessity,convenience,general welfare and good zoning practices,the
Board hereby approves ZMA 2016-00001 with the proffers dated May 27,2016.
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I,Travis O.Morris,do hereby certify that the foregoing writing is a true,correct copy of an Ordinance 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 June 8,2016. -
S,
Acting lerk,Board of County Supervisors
14 Aye Nay
Mr.Dill Y
Ms. Mallek Y
Ms.McKeel Y
Ms. Palmer Y
Mr. Randolph Y
Mr.Sheffield Y
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