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HomeMy WebLinkAboutZMA200400003 Action Letter e" "r.. ." . .~ ' . .~ .~,,' , ~., , rr COUNTY OF ALBEMARLE Department of Community Development 401 Mcintire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Þ-J...gust 12, 2004 Nicholas Michaels Weatherhill Homes 315 Old Ivy Way Charlottesville, VA 22903 RE: ZMA-04-03 Avon Park (Sign #81); Tax _Map 90, Parcel 32 Dear Mr. Michaels: The Board of Supervisors approved your rezoning application on July 14,2004. Your rezoning from R1 to R6 was approved in accordance with the attached proffers dated July 14,2004. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property may lawfully begin until all applicable approvals have been received and conditions have been met. This includes compliance with: · Applicable PROFFERS; . approval of and compliance with necessary SITE PLAN(S) and/or SUBDIVISION PLAT{S); and . approval of a ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above-noted action, please do not hesitate to contact Keith Lancaster at 296-5832. ¿ Sincerely, '", -";l u~ :1 WJC/jcf Cc: Bill Fritz Steve Allshouse Amelia McCulley Chuck Proctor George E. or Linda Davies' Tex Weaver Keith Lan caster J ~ Original Proffer 7/14/2004 Amended Proffer (Amendment # ) . PROFFER FORM Date of Proffer Signature: 7.14.04 ZMA # 2004-03 Tax Map 90 and Parcel Number 32 9.976 Acres to be rezoned from R-1 (Residential) to R-6 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: (I) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. (l) The development on Tax Map 90, Parcel Numbers 32 shall be in general accord with the plan produced by Weather Hill Homes, Ltd, dated April 21, 2004, entitled "Avon Park Site Plan", herein referred to as the plan, (sheet S-l). The development shall be found in general accord with the plan if the layout is generally the same with a buffer area to the south, open space along the Entrance Corridor, a central park space of the same size or larger, and interconnections north and south. (2) No building permit shall be issued unless and until the Director of Community Development, or his assigns, determines that the townhome facades are in general accord with the sheets SC-2, SC-3, and SC-5a, of the architectural plans dated April 26, 2004, entitled "Avon Park Townhomes". The façade shall be determined to be in general accord with the architectural plans if the windows are in a similar alignment, and there are architecture features that break up the massing of the buildings, such as the porches, porticos, and gables. (3) The owner shall contribute $59,000 cash to the County for funding pedestrian improvements in the Neighborhood that are identified in the County's capital improvement program prior to or at the time of the first building permit for any dwelling unit within the development. If this cash contribution has not been exhausted by the County for the stated purpose within ten (l 0) years from the date of the contribution, all unexpended funds shall be refunded to the owner. (4) The Owner shall design and construct a water tank for fire fighting purposes and human consumption. and a pump station that will fill the tank. The capacity of the tank and the water flow shall meet the standards specified by the ACSA. The water tank and pump station shall be constructed prior to the issuance of any building permits for any dwelling unit within the development. The water tank, pump station and associated piping will be dedicated to the ACSA upon completion. (5) The owner shall provide nine units of affordable housing as identified on the plan produced by Weather Hill Homes, Ltd, dated April 21, 2004, entitled "A:von Park Site Plan", herein referred to as the plan. 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 (PIT!)) do not exceed 30% of the gross household income (e.g., for 2003, the price of the maximum affordable home for purchase was $172,000). All purchasers of these units shall be approved by the Albemarle County Office of Housing or its designee. The owner/builder shall provide the County or its designee a period of 90 days to identify and pre-qualify an eligible purchaser for the affordable units. The 90- day period shall commence upon written notice from the owner that the units will be available for sale. This e. notice shall not be given more than 60 days prior to anticipated receipt of the certificate of occupancy. If the A van Park Weather Hill Homes. Ltd. t' .6) County or its designee does not provide a qualified purchaser during this period, the owner shall have the right to sell the unites) without any restriction on sales price or income of purchaser. This proffer shall apply only to the first sale of each of the nine units. Prior to construction of the sewer connection from the subject property across the Mill Creek South common area, the owner shall submit a tree conservation plan prepared by a certified arborist. The plan shall be submitted to the agent for review and approval to assure that existing conditions in the woodland will be preserved to the extent possible and that the sewer construction zone is the minimum allowed by the ACSA. The plan must be approved by the agent before any trees are removed within the sewer construction zone. The plan shall identify all trees to be removed and specify tree protection methods and procedures, including how root systems and root zones will be protected. Except for the tree removal expressly authorized by the agent, the owner shall not remove existing trees outside of the sewer construction zone. A¡f~ Signatures of All Owners Marc Powell, Managing Member Printed Names of All Owners Julv 14,2004 Date Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact . Avon Park Weather Hill Homes, Ltd.