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Home My WebLink AboutLZC201700019 Correspondence 2017-05-26�IRGINIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 May 26, 2017 Greater Charlottesville Habitat for Humanity 919 East Main Street Charlottesville, VA 23903 Attn: Mandy Burbage RE: LZC-201700019 - Parcel IDs 056J0-00-02-12400, 056J0-00-02-12400, 056J0-00-02-12400, 056J0-00-02-12400, 056J0-00-02-12400, 056JO-00-02-12400 (the "Property") Dear Mandy: As requested, we have examined our records with respect to the above referenced real Property lying in Albemarle County, Virginia (the "County"), currently owned by the Greater Charlottesville Habitat for Humanity (the "Owner"). We are pleased to advise you that: • The Property is currently zoned Neighborhood Model District (NMD). (See Chapter 18, Section 20A of the Albemarle County Code, using the link below). • Each parcel in the Property is recognized as a separate parcel of land and may be conveyed, leased or mortgaged as a separate parcel. • The Property is not subject to any proffers, special exceptions, special use permits or variance applications. • This office has no record of any open violations, exceptions, variances or nonconforming uses on the Property. Please contact i you ave questions or require additional information. Sincerel , J Ro d L. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Attachments: Zoning Map County Code website: http: iwv^ ,w.� lt)emarle_org/county_code �pFA .0 A'7 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 September 22, 2006 Frank Pohl Weather Hill Development, LLC 703 E. Jefferson Street Charlottesville, VA 22902 Fax (434) 972-4012 RE: ZMA 2005-018 Wickham Pond Phase If (Sign #7) - Tax Map 56 Parcel 91 Dear Mr. Pohl: The Board of Supervisors approved your rezoning application on September 13, 20D6. Your rezoning from RA Rural Areas to NMD Neighborhood Model District was approved in accordance with the Code of Development dated August 25, 2006 and the attached proffers dated September 5, 2006. An application plan dated August 25, 2006 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. In addition, the Board approved your requested waiver of Section 4.12.9(a) of the Zoning Ordinance to allow for the on -street parking to be provided for the purpose of meeting the minimum parking requirements on lots that do not necessarily abut the lot that the spaces serve. 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 SITE PLAN(S) and/or SUBDIVISION PLAT(S); and • approval of a ZONING COMPLIANCE CLEARANCE. Additionally, although there is not a proffer referring to the location of affordable units in Block 2, the final site plan will need to include the location of the eight affordable housing units in Block 2. ZMA 2005-018 Wickham Pond Phase II Pohl Page 2 of 2 September 22, 2006 If you have questions or comments regarding the above -noted action, please do not hesitate to contact Sherri Proctor at 296-5832. Sincerely, FRO V • (�J V. Wayne Ci�berg Director of Planning VWC/aer Cc: Barnes -Crozet LLC c/o Charlotte B Dammann 503 Faulconer Drive Suite 5, Charlottesville, VA 22903 Amelia McCulley Tex Weaver Chuck Proctor Steve Allshouse Sherri Proctor Sarah Baldwin Bruce Woodzell (Real Estate) Original Proffer X PROFFER FORM Date of Proffer Signature: DDT ZMA # 2005-00018 Wickham and 2 Tax Map 56 Parcel Number 91 19.69 Acres to be rezoned from RA to NMD (Neighborhood Model Development) in accordance with the Code of Development (dated August 25, 2006) and Application Plan (dated August 25. 2006) Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered plans approved for development. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. The Owner shall contribute $405,000 cash ($4,500 per unit for 90 units) to the County for the purpose of mitigating impacts from this development. The cash contribution shall be used for transportation improvements, schools, libraries, fire and rescue, parks or any other public use serving the Community of Crozet as identified in the Comprehensive Plan (hereinafter, "Capital Improvement Project"). Contributions for Block 1 shall be payable under one of the following methods, which shall be designated by the County: (1) ninety (90) days after receipt of written notice by the Owner from the County identifying a Capital Improvement Project within the Community of Crozet for which the cash would be applied, provided that contributions for a Capital Improvement Project shall not exceed $50,000 during any sixty (60) day period, said request is after the County's approval of the first building permit within the Project, and the aggregate amount of said requests does not exceed $216,000 (48 detached units at $4,500 per unit), or (2) in increments of $4,500 cash per unit, for any market -rate condominium or new detached single family dwelling unit prior to or at the time of issuance of a building permit for any such dwelling unit. Contributions for Block 2 shall be payable in increments of $4,500 cash per unit for any market rate condominium unit prior to or at the time of issuance of building pen -nit for an), such dwelling unit. If the cash contribution has not been exhausted by the County for the stated purpose within (10) ten years from the date of the County's receipt of the final contribution, all unexpended funds shall be applied to a Capital Improvements Project for the Community of Crozet. 2. Detached single family units within Block I as identified on the Application Plan shall have the following restriction: The Owner shall not request that the County issue certificates of occupancy for residential units earlier than April 1, 2008. 3. Buildings C and D within Block 2 as identified on the Application Plan shall have the following restrictions: The Owner shall not request that the County issue certificates of occupancy for residential units earlier than the three-year anniversary of the County's approval of the first final site plan; The Owner shall not request that the County issue certificates of occupancy for ground floor commercial/retail space earlier than the five-year anniversary of the County's approval of the first final site plan. Proffer Form Wickham Pond 2 Barnes -Crozet LLC Page I of 4 4. The Owner shall install a landscape buffer along the eastern property line of Block 2 if the units immediately adjacent to Block 2 on the adjoining property are not constructed with a fagade (facing Block 2) that is evocative to a typical front entry elevation and as approved by the County's Director of Planning. The Owner shall provide sixteen (16) units of affordable housing as identified on the Application Plan produced by Timmons Group, dated August 25, 2006, entitled "Application Plan — Figure 2"; eight (8) units to be built within Block I (for sale or rent), and eight (8) units to be built within Block 2 (for rent or sale). The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than 80% of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the gross household income. A. For -Sale Affordable Units - All purchasers of for -sale affordable units shall be approved by the Albemarle County Office of Housing or its designee. The Owner shall provide the County or its designee a period of 180 days to identify and pre -qualify an eligible purchaser for the affordable units. The 180-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than 120 days prior to the anticipated receipt of the certificate of occupancy. If the County or its designee does not provide a qualified purchaser during this period, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of purchaser(s). If these units are sold, this proffer shall apply only to the first sale of each unit. B. For -Rent Affordable Units i. 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 purposes 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 5B 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 Home Administration, or Housing and Urban Development, Section 8, whichever comes first (the "Affordable Term"). ii. 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 5. In addition, all contracts pertaining to a conveyance of any for - rent affordable unit, or any part thereof, during the Affordable Tenn shall contain a complete and full disclosure of the restrictions and controls established by this paragraph 5B. 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 5B(ii) have been satisfied. Proffer Form Wickham Pond 2 Barnes -Crozet LLC Page 2 of 4 iii. Reporting of 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 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 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. Overlot Grading Plan — Subdivision Plats: The Owner shall submit an over -lot grading plan (hereinafter, the "Plan") meeting the requirements of Proffer 6 with the application for each subdivision of the Property into single family detached lots and single family attached dwelling units shown on the General Development Plan. The Plan shall show existing and proposed topographic features to be considered in the development of the proposed subdivision. The Plan shall be approved by the County Engineer prior to final approval of the site plan or subdivision plat. The Property within the subdivision shall be graded as shown on the approved Plan. The Owner shall not request that the County issue a certificate of occupancy for any dwelling on a lot where the County Engineer has determined the lot grading is not consistent with the approved grading Plan. The Plan shall satisfy the following: A. The Plan shall show all proposed streets, building sites, setbacks, surface drainage, driveways, trails, and other features the County Engineer determines are needed to verify that the Plan satisfies the requirements of this proffer. B. The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. C. All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage over lots shall be clearly shown with the proposed grading. All proposed grading shall be designed to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails. D. Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1). Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the County's program authority in its approval of an erosion and sediment control plan for the land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2:1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. E. Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. F. No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it. G. All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site. H. The Plan shall demonstrate that an area at least five (5) feet in width, or to the lot line if it is less than five (5) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not be served by a stairway. This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street. 1. Any requirement of this proffer may be waived by the County Engineer by submitting a waiver request with the preliminary plat. If such a request is made, it shall include: (i) a justification for the request contained in a certified engineer's report; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual Proffer Form Wickham Pond 2 Barnes -Crozet LLC Page 3 of 4 Plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of one hundred (100) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable. In reviewing a waiver request, the County Engineer shall consider whether the alternative proposed by the Owner satisfies the purpose of the requirement to be waived to at least an equivalent degree. In approving a waiver, the County Engineer shall find that requiring compliance with the requirement of this condition would not forward the purposes of the County's Subdivision and Water Protection Ordinances or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the Project, and to the land adjacent thereto. J. The Owner may request that the Plan be amended at any time. All amendments shall be subject to the review and approval by the County Engineer. K. In the event that the County adopts overlot grading regulations after the date ZMA 2005-018 is approved, any requirement of those regulations that is less restrictive than any requirement of Proffer 6 shall supersede the corresponding requirement of this paragraph, subject to the approval of the Director of the Department of Community Development. Barnes -Crozet LLC September 5, 2006 Barnes -Crozet, LLC Printed Names ofA11 Owners Date by: Charlotte Dammann, Member Proffer Form Wickham Pond 2 Barnes -Crozet LLC Page 4 of 4