HomeMy WebLinkAboutZMA200400007 Proffers Zoning Map Amendment 2005-10-10 Original Proffer: 10/12/2005
Amended Proffer:
(Amendment# )
PROFFER FORM
Date of Proffer Signature 10/10/2005
ZMA # 2004-00007
Tax Map 61,Parcels 154,157,158,160,161
Tax Map 62,Parcels 2A,2B,2C,3,5, 6A
Tax Map 62A3, Parcel 1
206.682 Acres to be rezoned from R-4 to Neighborhood Model District (NMD)
With respect to the property described in rezoning application #ZMA-2004-00007 (the
"ZMA"), Belvedere Station Land Trust is the fee simple owner of the following parcels:
• TMP 61-00-00-154
• TMP 61-00-00-158
TMP 61-00-00-160
• TMP 61-00-00-161
• TMP 62-00-00-5
• TMP 62-00-00-2C
• TMP 62-00-00-6A
• TMP 62A3-00-00-1
Belvedere Station Land Trust is the fee simple owner of a 1/2 interest, along with Charlotte G.
and Jacob C. Levenson in a 5.40 acre Belvedere Road ROW associated with TMP 62-00-
00-2A, which is wholly owned in fee simple by Charlotte G. and Jacob C. Levenson
Dunlora LLC is the fee simple owner of the following parcel:
TMP 61-00-00-157
Robert Hauser Homes Inc. is the fee simple owner of the following parcel:
• TMP 62-00-00-2B
StoneHaus Inc. and Henry Nelson Sprouse are the fee simple owners of the following parcel
• TMP 62-00-00-3
The foregoing parties are collectively referred to herein as the "Owner," which term shall
include any successors in interest. All of the parcels listed above are referred to collectively
as the"Property."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance (the "Ordinance"),
Owner hereby voluntary proffers the conditions listed in this Proffer Statement, which shall
be applied to the Property if the ZMA is approved by Albemarle County. These conditions
are proffered as part of the ZMA and it is agreed that: (1) the ZMA itself gives rise to the
need for the conditions, and (2) such conditions have a reasonable relation to the rezoning
requested.
1. Plan Exhibits.
1.1 Exhibits not in the Code of Development. The following exhibits which are not
part of the General Development Plans or the Code of Development are proffered as a
part of this rezoning:
• Exhibit 14 Archaeological Survey Summary
• Exhibit 15 Architectural Reconnaissance Survey
2. Affordable Housing.
2.1 Cash Contribution. Owner shall contribute to Albemarle County a minimum of
one thousand dollars ($1,000) per single family detached dwelling unit, seven hundred fifty
dollars ($750) per single family attached or townhouse unit, and five hundred dollars ($500)
per multi—family condominium unit. The cash contribution shall be due and payable with
each application for a building permit. This cash proffer shall not apply to Carriage House
units or multi-family rental housing. This cash contribution shall be used for the purpose of
funding affordable housing programs including those provided by nonprofit housing agencies
within Albemarle County. If this cash contribution has not been exhausted by the County for
the stated purpose within ten (10) years from the date of the last payment of the contribution,
all the unexpended funds shall be refunded to the Owner.
2.2 Carriage House Units. Owner proffers to require through the lot sale contracts on
the Property the construction of a minimum of 103 Carriage House Units on the Property that
meet the requirements for a single family dwelling as defined in the Virginia Uniform
Statewide Building Code. Each Carriage House Unit shall confolin to the Code of
Development, Appendix A, Carriage House Units, General Standards. Each Carriage House
Unit shall be on the same parcel as the primary dwelling unit to which it is accessory.
Carriage House Units may not be subdivided from the primary residence. The subdivision
restriction shall be described on the plat creating such parcels arid be incorporated into each
deed conveying title to such parcels.
3. Open Space and Greenways.
3.1 Open Space The Owner shall restrict from development all open space areas
which are areas not shown as development parcels on the General Development Plan. In no
event shall the total area of open space areas, which include the preservation areas,
conservation areas, greenway (defined in 3.2 below), buffer and park areas shown on
Exhibits 5A, 5B and 5C of the General Development Plan, be less than twenty-five percent
(25%) of the total land within the Property. These areas shall be for the use and enjoyment
of the residents of the Property, subject to the restrictions that may be imposed by any
declaration recorded as part of a conveyance of these areas to a homeowner's association.
3.2 Greenway: The Owner shall dedicate and convey to Albemarle County, upon
demand by the County, a strip of land no less than one hundred (100) feet in width and
adequate in width to accommodate the construction, maintenance and use of a ten (10) foot
wide pedestrian trail along the Rivanna River from the Property's boundary with Dunlora
Faini (Tax Map 62 Parcel 16-A) to the Property's boundary with the Southern Railway right-
of-way (as it exists on November 19, 2004) (the "Greenway"). The precise location of the
greenway shall be mutually agreed upon by the Owner and the County, and such agreement
shall not be unreasonably withheld. The Greenway will be conveyed in the faun of a general
warranty deed and the Owner shall bear the cost of a survey and preparing the deed. Upon
request by the County, the Owner shall also contribute ten thousand dollars ($10,000) cash
for application toward the cost of constructing the Greenway according to the County's
current standards for a class B trail. Such contribution shall be made by Owner within 30
days of receipt of a written request by the County. If the request is not made within seven (7)
years from the date of submission of the first final site plan for Phase I, this cash proffer shall
become null and void. If such cash contribution is not fully expended for the stated purpose
within two (2) years from the date the funds are contributed to the County, all unexpended
funds shall be refunded to the Owner. If the greenway is not used for the purpose for which it
is dedicated within ten (10) years from the date of dedication, the County shall transfer the
land back to and for the use of the Owner to be used as open space. The Owner will provide
a pedestrian connection to the Greenway through the Belvedere Community's internal trail
system, as illustrated in Exhibit 5A, 5B, and SC.
3.3 Greenway bridge: Within thirty (30) days following request by the County,
Owner shall contribute ten thousand dollars ($10,000) cash for application toward the cost of
constructing a pedestrian bridge linking the Rivanna River Greenway in Dunlora (Tax Map
Parcel 62F-A3) to RiverRun (Tax Map Parcel 62-D1-1A), thereby allowing neighborhood
residents access to facilities in Pen Park and other portions of the Greenway system. If the
request is not made within seven (7) years from the date of submission of the first final site
plan for Phase I, this proffer shall become null and void. If such cash contribution is not
expended for the stated purpose within two (2) years from the date the funds were
contributed to the County, all unexpended funds shall be refunded to the Owner.
4. Road Construction and Reservation of Right-of-way.
4.1 North Free State Connector Road. The Owners shall dedicate upon demand by
the County a one hundred (100) foot wide right-of-way to public use as shown on Exhibit 2B
of the General Development Plan and labeled "Reserved Road ROW". 'Where less than one
hundred (100) feet of right-of-way is available on the Owner's Property (Approximately the
first 800 feet from Rio Road), the Owner shall dedicate the available right-of-way. Fee
simple interest shall be dedicated by the Owner within six (6) months following receipt by
the Owner of written notice of demand by the County. The Owner shall pay for the costs of
surveying and preparing deeds necessary to complete such dedication. The County must
accept the dedication within twelve (12) months following its demand for dedication.
4.2 Future North Free State Connector Extension Road. The Owner shall dedicate a
one hundred (100) foot strip of land along the Property boundary with the Norfolk Southern
Railroad as shown on Exhibit 2C of the General Development Plan and labeled "100'
Reserved Road ROW" for dedication upon demand by the County for the purpose of
constructing a road that extends the North Free State Connector Road northward across the
Rivanna River. The Owner shall dedicate right-of-way within six (6) months following
written notice of demand by the County. Such reservation shall remain in place through
December 31, 2025. The County must accept the dedication within twelve (12) months
following its demand for dedication. Should this road be removed from the Albemarle
County Comprehensive Plan, said reservation shall become null and void, and the Owner or
Successors shall retain fee simple ownership of the parcel.
4.2.1 North Free State Connector Extension Road Design. The Owner shall
demonstrate to the satisfaction of the County Engineer and VDOT that the North Free State
Connector Extension Road can be accommodated by the Block 2 Development Plan.
Approval by VDOT and the County Engineer must be secured prior to final platting and road
plan approval in Block 2.
4.3 Free State Road Right-of-way. The Owner shall dedicate, upon demand by the
County, a fifty (50) foot wide right-of-way along portions of the existing Free State Road that
are on the Owner's Property from its proposed intersection with Belvedere Blvd between
Road C and Road K to its intersection with Loring Run Road. Where the road is only
partially on the Property, the Owner shall dedicate sufficient right-of-way width to ensure a
total right-of-way of not less than fifty (50) feet inclusive of the existing proscriptive right-
of-way. The right-of-way shall be conveyed within six (6) months following receipt of
written notice by the County, in the form of a general warranty deed and the Owner shall
bear the cost of a survey and preparation of the deed. If the dedicated land is not used for the
purpose for which it was dedicated within two (2) years from the date of dedication, the
County shall transfer the land back to, and for the use of, the Owner.
4.4 Connection to Dunlora Farm. The Owner shall dedicate upon demand by the
County, a fifty (50) foot wide right-of-way extending from Road D to the property line at the
eastern terminus of Road J, as shown on Exhibit 2C of the General Development Plan. The
right-of-way shall be conveyed within six (6) months following receipt of written notice by
the County, fee simple, in the form of a general warranty deed and Owner shall bear the cost
of a survey and preparation of the deed. The County must accept the dedication within twelve
(12) months following its demand for dedication. If the dedicated land is not used for the
purpose for which it was dedicated within ten (10) years from the date of dedication, the
County shall transfer the land back to, and for the use of, the Owner.
4.5 Fairview Access. The Owner agrees to provide to Fairview Swim Clubi,owner of
a fifty (50) foot wide access easement from Belvedere Drive to the edge of the Fairview
Swim Club Property, (Tax Map Parcel 61-160B and 61-160C) to facilitate vehicular access
to the existing Fairview entrance or in other such location that is mutually agreeable to the
parties and in conformance with applicable County and VDOT regulations. The Owner shall
grant easement within sixty (60) days following approval of final road plan for Belvedere
Boulevard in Phase 1.
5. Overlot Grading Plan
5.1. Subdivision Plans. The Owner shall submit an overlot grading plan meeting the
requirement of this section (hereinafter, the "plan") with the application for each subdivision
of 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 subdivision plat. The
Property within the subdivision shall be graded as shown on the approved plan. No
certificate of occupancy shall be issued 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
deteinlines 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 stoini 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 stoini 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.
6. Preservation of Historic Structures, Sites and Archaeological Sites.
6.1 Archaeological Survey. A Phase I Archaeological Study for the Property shall be
submitted by the Owner to the Director of Planning for his review and approval prior to
issuance of a grading pelliit. An archaeological resource treatment plan shall be submitted
by the Owner to, and approved by, the Director of Planning for all sites in the Phase I study
that are recommended for Phase II evaluation, and/or identified as being eligible for inclusion
on the National Register of Historic Places. If a Phase II study is undertaken, such a study
shall be approved by the Director of Planning and a treatment plan for said sites shall be
submitted to, and approved by, the Director of Planning for sites that are determined to be
eligible for inclusion the National Register of Historic Places and/or those sites that require a
Phase III study. If, in a Phase II study, a site is determined to be eligible for nomination to
the National Register of Historic Places and said site is to be preserved in place, the treatment
plan shall include nomination of the site to the National Register of Historic Places. If a
Phase III study is undertaken for said sites, such studies shall be approved by the Director of
Planning prior to land disturbance within the study area. All Phase I, Phase II, and Phase III
studies shall meet the Virginia Department of Historic Resources' Guidelines for Preparing
Archaeological Resource Management Reports and the Secretary of the Interior's Standard
and Guidelines for Archaeological Documentation, as applicable, and shall be conducted
under the supervision of a qualified archaeologist who meets the qualifications set forth in
the Secretary of the Interior's Professional Qualification Standards. All approved treatment
plans shall be incorporated into the plan of development for the site and shall be adhered to
during the clearing, grading, and construction activities thereon.
6.2 Potential Artifacts. Should Phases I or II or III studies yield objects or artifacts of
archaeological significance, these objects shall be conveyed to the Virginia Department of
Historic Resources (VDHR) for long teini preservation. Should Phase III fieldwork yield
subsurface architectural features and artifacts related to 18th- or early 19`h-century domestic
occupations at Free State, and should these sites be deemed archaeologically
ny signirlcant by
archaeologists with the Digital Archaeological Archive of Comparative Slavery
(DAACS)based at the Thomas Jefferson Foundation, these artifacts will be submitted to the
archaeologists at the Thomas Jefferson Foundation for analysis and entry into DAACS prior
to being conveyed to the VDHR. The Owner will be solely responsible for conveying all
artifacts analyzed by DAACS to the VDHR within thirty (30) days of receipt of such
artifacts.
6.3 Roadside Markers. Upon request by the County, the Owner shall contribute up to
five thousand dollars ($5,000) cash to fund the cost of creating and installing two roadside
historical markers as described in section 5 of the Code of Development. If the request is not
made within one (1) year from the date of approval of the first final site plan for Phase I, this
proffer shall become null and void. If such cash contribution is not expended for the stated
purpose within two (2) years from the date the funds were contributed to the County, all
unexpended funds shall be refunded to the Owner.
7. Phasing and Mitigation of Impact.
7.1 Phasing. Phases of Belvedere infrastructure will be constructed sequentially
beginning with Phase 1, then 2, etc. This proffer shall not restrict the Owner's ability to
develop multiple phases concurrently nor shall it require the completion of all buildings and
other improvements in one phase before beginning construction on the next.
7.2 Mitigation of Construction Traffic Impact. The Owner shall neither establish,
nor allow to be established, ingress or egress for any vehicle, heavy equipment, or faun
machinery or farm equipment to and from the Property except at the intersection of the
alignment of Belvedere Boulevard and East Rio.Road, as shown on Exhibit 2B, and from the
northern segment of Free State Road that crosses Free State Bridge, as shown on Exhibit
1, of the General Development Plan, or on any public street shown on a final subdivision plat
that has been constructed and accepted by VDOT or bonded for acceptance by VDOT. For
purposes of this proffer, the term "vehicle" means every device on or by which any person or
property is or may be transported or drawn on a highway, except devices moved by human
power or used exclusively on stationary rails or tracks, that are used in the construction on or
below the Property, including all improvements placed on the property by the Owner, its
contractors, subcontractors or agents. The term "heavy equipment" means self-propelled,
self-powered or pull-type equipment and machinery, including engines, weighing five
thousand (5,000) pounds or more, primarily employed for construction, industrial, maritime,
mining and forestry uses.
8 Code Enforcement
8.1 Architectural Standards—The Owner shall prepare and record a declaration of
covenants, conditions and restrictions that, among other things, establishes architectural
standards equal to or more stringent than the architectural standards in the Code of
Development, and establishes an Architectural Standards Committee ("ASC"). The
declaration shall include among the powers and duties of the ASC the authority and
responsibility to determine that each structure within the Property complies with
all applicable architectural standards before submitting the proposal to the County to conduct
its review for compliance with the architectural standards established in the Code
C Development.
4
V1 LGv'Giupuiciil.
Signatures of All Owners: Printed Names of All Owners: Date:
Belvedere S .tion Land Tru : Trustee
A c"... .("4-)Q rt.7 \O- \ 0-
_
Dunlora LLC by
Robert Hauser Ho es Inc.Manager by:
.v.Hauser1
(-2
- O
t1.411111111111111":t1.411111111111111":: D 6�1 1 1 mus ^
Q 1 l 05
Ro.-rt au r Homes nc. by CEO
a s11. \ 0 -> > D ^ a
StoneHaus,Inc.by CEO
Jiervi f v tfls771) S rgiex
Henry son Sprouse/
U e)4 e �� y�Nj�'N /z/„/D s'
J.�•• C. Levenson
kc t 1'-- . • c.)--y, C le a r 101 f c c y)S0') 0////z---\5—
Charlotte G.Levenson
Signature of Attorney-in-Fact Printed Name of Attorney-in-Fact