HomeMy WebLinkAboutZMA201600007 Staff Report 2017-12-11COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: ZMA201600007 Hollymead Town
Staff: Rebecca Ragsdale, Senior Planner/
Center A2 Proffer Amendments
Elaine Echols, Acting Chief of Planning
Planning Commission Public Hearing:
Board of Supervisors Public Hearing: TBA
August 23, 2016
Owner: Route 29 LLC
Applicant: Wendell Wood/Nena Harrell
Acreage: Approximately 43 acres
Rezone from: No change in zoning district or uses
is proposed
TMP: 03200000004500, 03200000005000
By -right use: NMD which allows commercial,
office, and residential uses according to the Code
of Development
Magisterial District: Rio
Proffers: Yes
School Districts: Baker -Butler ES, Sutherland MS,
Albemarle HS
Development Area: Hollymead, Places 29
Requested # of Dwelling Units: no change;
maximum of 1222 units allowed under existing
zoning
Proposal: Request to amend proffers related to
Comprehensive Plan Designation: Urban Mixed
affordable housing (Proffer 1), cash proffers for CIP
Use in Centers; Urban Density Residential;
impacts (Proffer 4), remove cash proffer for
Commercial Mixed Use; Light Industrial
recreational facilities (Proffer 8), amend proffer for
phasing of commercial/residential (Proffer 11), and
add a proffer for a pool and neighborhood center
(Proffer 13).
Character of Property: Currently the property is
Use of Surrounding Properties: Residential
graded but undeveloped as part of the Hollymead
uses: townhouses and a mobile home park;
Town Center.
commercial; and undeveloped land.
Factors Favorable:
Factors Unfavorable :
1. Affordable housing proffer changes related to
1. The proposed methodology in the proffers for
banking provisions provide additional flexibility.
calculating the number of affordable units is
2. The County's Housing Director does not have
inconsistent with the Affordable Housing policy
concerns with elimination of the percentage of for-
and other accepted affordable housing
sale units in the development.
proffers.
3. Changes proposed to the phasing proffer should
2. The cash proffered and accepted by the Board
not affect the County's desire to ensure that both
when the property was originally rezoned was
residential and non-residential activities take place
consistent with the cash proffer policy and was
in Hollymead Town Center.
a reasonable condition intended to address the
4. Significant on -site amenities for residents are
impacts from the rezoning. The then
proposed.
applicant/owner signed the current proffer form
that states the conditions are voluntarily
proffered as part of the rezoning and
acknowledged that the conditions are
reasonable. The proffers were approved under
prior legislation and the County is not required
to evaluate this request under the new proffer
legislation.
RECOMMENDATION: Staff recommends approval of proffer amendments related to affordable housing
(Proffer 1), with the exception of how the number of affordable units are determined, and phasing of
commercial/residential (Proffer 11), along with the addition of a proffer for a pool and neighborhood center
(Proffer 13). Staff does not recommend amendments to reduce cash proffers for CIP impacts (Proffer 4), or
to remove the cash proffer for recreational facilities (Proffer 8) until impacts are adequately addressed.
STAFF PERSON: Rebecca Ragsdale
PLANNING COMMISSION: August 23, 2016
BOARD OF SUPERVISORS: TBA
PROJECT: ZMA201600007 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 Towncenter Drive to the west of Area A-1 in the Hollymead
Development Area.
PROPOSAL: Request to amend proffers for ZMA 201000006 related to provision of for -
sale affordable units, revise how the percentage of affordable units are calculated from
total number of units within the development to total market rate units, to reduce the
cash proffer amount from $1 2,400/town house or condominium and $11,900/apartment
to $3,845 for these units, to eliminate a cash proffer for County recreational facilities, to
add recreational facilities to the site, and to revise the phasing plan for residential and
commercial use.
PETITION: Amendment to rezoning for 44.5 acres on property zoned Neighborhood
Model District zoning district which allows residential (3 — 34 units/acre) mixed with
commercial, service and industrial uses. Existing density is 27 units/acre. No change to
density is proposed.
OVERLAY DISTRICT: EC -Entrance Corridor; AIA-Airport Impact Area; Managed and
Preserved Steep Slopes
PROFFERS: Yes
COMPREHENSIVE PLAN: Urban Mixed Use (in Centers) —retail, residential (6.01-60
units/acre in Destination Centers), commercial, employment, office, institutional, and
open space; Commercial Mixed Use -retail, residential, commercial, employment, office,
Institutional, and open space; Urban Density Residential (residential (6.01 — 34 units/
acre) - supporting uses such as religious institutions, schools, commercial, office and
service uses; and Light Industrial - manufacturing from prepared materials, processing,
fabrication, assembly, and distribution of products.
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 of 26 units per acre, and up to 368,700 sq. ft. of non-
residential, including a hotel. ZNIA201000006 — 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.
ZMA201600001-Request to amend Proffer 1 to reduce the percentage of affordable dwelling
units to be provided from 20% to 15% was approved on June 8, 2016.
No construction has taken place in this section of Hollymead Town Center but the following
plans have been submitted:
SDP201000079 Town Center Movie Theater Early Grading Permit — Final (under review)
SDP201000086 Lockwood Townhomes At Hollymead - Final (deferred)
SDP201000087 Great Escape Movie Theater at Hollymead Town Center — Final (deferred)
SDP201500050 Hollymead Town Center, Block D1, D2, & C2 Apartments - Initial (deferred)
SDP201500063 Hollymead Town Center Blocks C3 & C4 — Initial (deferred)
SPECIFICS OF THE PROPOSAL:
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 non-residential 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. Earlier this year, the Board
approved a reduction to the number of affordable units proffered from 20% to 15%. Attachment
B contains the latest proffers. A link to the application plan and code of development can be
found here.
With this rezoning, the applicant proposes the following changes to the proffers, as reflected in
Attachment C:
• Amend Proffer 1-Affordable housing proffer -eliminate minimum percentage of units required
to be for -sale and revise the banking/carry-over requirements; revise how the percentage of
affordable units are calculated from total number of units within the development to total
market rate units.
• Amend Proffer 4- Reduce cash proffer amounts.
• Eliminate Proffer 8- Remove this cash proffer for recreation facilities. They have proffered
additional on -site amenities to off -set this request, see Proffer 13 added.
• Amend Proffer 11- Amend phasing plan for commercial/residential.
• Add Proffer 13- Add this proffer to provide additional recreation amenities in Block D-2,C-2,
or C-4 to include a minimum of 3,500 square foot pool and deck along with a 1,777 square
foot clubhouse/exercise facility.
APPLICANT'S JUSTIFICATION FOR REQUEST:
The applicant's justification for these proffer changes are provided below:
APPLICATION FOR AWNDME I" OF PROFFER N
zA+lA 2010-006 Hollymead Town Cent A-2
7'hee origitW proffers were eniered into in 2007 by a w-vious ownerldeveloper and in a difFerent
economic climatt. Manny of the pra#f`en are exomive and not con iant with pmffen of odw
development&
The following surehrrYa zed the m8jor requests:
We am requ,e,5ting the elimination of 40 requirement of "f+xr sae units dbmussed in Proffer 1,
We are requesting that Alt pro&r 44 be amended to be more coffliAent wiith new State Code in
regards to cash proffer fimds. We ire, hownvvct, o feria to pay cash prof`Fm as. to mended
the gIAC report to the County of Albemarle.
e we also requesft elianination of proffer 8 oonsidering we hdve already dedicated 7.6 acres
for a walking trail and will kc Providing a lin= pm+k pool and chibbouse in cogjunction vh an
apartment Plan, tbW iS Currently in reView.
We am lastly requesting a minor revision 10 the pb&,Jing plan
SUMMARY OF THE COMMUNITY MEETING:
The community meeting was held June 20, 2016 at the Places 29 North Community Advisory
Council (CAC) Meeting. Public notice was provided to a number of abutting and nearby property
owners but none were in attendance at the meeting. The CAC received a presentation from the
applicant on proposed proffer changes. There were a number of questions about cash proffers.
On the recreation proffer changes, committee members noted that the type of recreational
facilities proposed are not the same type of facilities the recreational cash proffer would be used
to fund. However, the committee did not express concerns with the proffer change because of
the greenway area and other amenities to be provided.
COMPREHENSIVE PLAN
The property has four designations in the Places 29 Master Plan. The majority of the property is
shown for Urban Mixed Use (in Centers), other designations on the property include
Commercial Mixed Use and small areas of Light Industrial and Urban Density on the southern
edge of the property. The applicant is not proposing any changes to the land use with this
request.
Specific strategies from the Comprehensive plan relevant to the proposed proffer changes are
listed below.
Strategy 4a: Through rezonings and special use permits, continue to ensure a mixture of
housing types are provided that also support all income levels of County residents.
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.
Strategy 1 c of the Growth Management Chapter recommends that the County continue to
recognize the shared responsibility between the County and new development to pay for
infrastructure and improvements to the Development Areas to address the impacts of new
development.
Strategy 5d of the Development Areas Chapter of the Comprehensive Plan calls for a review of
the Cash Proffer Policy to address its effects on density.
Strategy 1 a of the Economic Development Chapter of the Plan says the County should promote
new employment activities in the Development Areas and encourage developers of commercial
and industrial projects to incorporate the Neighborhood Model principles.
DISCUSSION:
Proffer 1 Affordable Housing- Changes are proposed to the terms of the affordable housing
proffers. The applicant would like to eliminate the requirement for a minimum percentage of for -
sale units and revise the banking/carry-over requirements. The applicant would like the ability to
go below 15% affordable units on a site plan or subdivision plat to 10% if units are banked in
another block. The development would still provide a total of 15% affordable units. These
changes have been reviewed by the Housing Director and there is no objection. Staff notes that
the owner's existing proffer to provide a minimum of 40% for -sale affordable units in HTCA2
may have had an impact on the Planning Commission's previous recommendation for a
reduction in the percentage of total affordable units to be provided. However, the Housing
Director supports this change to the proffers as it allows more flexibility in providing affordable
units that respond to the market and affordability needs in the community.
As previously mentioned, a proffer amendment was approved in June to reduce the percentage
of affordable units from 20% to 15%. The applicant had also asked to change the method for
calculating the amount of affordable housing to be provided. However, at the Planning
Commission public hearing, the applicant agreed to the original methodology and removed that
request from what went to the Board of Supervisors.
With their last submittal of proposed changes, the applicant has again proposed a revision to
the methodology of calculating affordable housing. Instead of basing the amount of affordable
housing to be provided on the total constructed units in the development, he has proffered to
base the percentage on total number of market rate units. Calculating the percentage on only
market rate units would reduce the amount of affordable housing provided and is not consistent
with the affordable housing policy and all other affordable housing proffers accepted by the
County. This change is not supported by staff and should be revised back to the original
methodology.
Proffer 4 Cash Proffer for CIP projects- The applicant is requesting to reduce cash proffer
amounts from $12,400 for each attached/townhouse/condominium and $11,900 for each
multifamily/apartment to $3,845 for each attached/townhouse or condo/multifamily/apartment
dwelling unit. They have also proposed to eliminate the annual adjustment clause to the cash
proffers.
In September 2014, the Board of Supervisors directed the Fiscal Impact Advisory Committee
(FIAC) to provide advice and recommendations to the Planning Commission and the Board of
Supervisors on revisions to the credit provisions and the per unit cash proffer amounts of the
Cash Proffer Policy. FIAC made its recommendation to the Board and Commission in July 2015
including a reduction in cash proffers to the following amounts:
$4,918.00 for each single family detached unit and
$3,845.00 for each sing family attached or townhouse.
The recommended reductions were based on the FY 2015-2016 County capital improvements
program (CIP, which covers future years 1-5) and capital needs assessment (CNA, which
covers future years 6-10)). The CIP and CNA considered have a reduced number of projects
proposing new capital improvements or projects that would expand the capacity of existing
facilities; projects that would merely maintain existing facilities without expanding capacity were
not considered. The numbers in the FIAC report are outdated now that we are in fiscal year
2017 and a new CIP and CNA have been adopted. However, calculations for how the 2016-
2017 CIP would have affected cash proffers on a per -unit basis have not been completed.
The cash proffer policy was repealed by the Board on June 8, 2016 and the County has not
developed a new policy for evaluating impacts from rezonings. There are currently no cash
proffer amounts or model for determining cash proffer amounts endorsed by the County. Io-
date, the Board has not approved recent rezonings to reduce cash proffer amounts, denying two
requests on July 13, 2016.
The applicant has not provided an evaluation of impacts or justification for the reduction other
than state code changes and the outdated Fiscal Impact Advisory report. The cash proffered
and accepted by the Board when the property was originally rezoned was consistent with the
cash proffer policy and was a reasonable condition intended to address the impacts from the
rezoning. The then applicant/owner signed the current proffer form that states the conditions
are voluntarily proffered as part of the rezoning and acknowledged that the conditions are
reasonable. The proffers were approved under prior legislation and the County is not required to
evaluate this request under the new proffer legislation. Therefore, staff does not support the
request to amend proffer 4 to reduce the cash proffer amounts.
Proffer 8 Cash Proffer for regional parks/recreation and Proffer 13- The applicant has
requested to eliminate a proffer of $500.00 per residential unit proffered for the purpose of
funding the expansion or new development of regional outdoor recreational facilities as
determined by the County's Parks and Recreation Department, such as playing fields or open
space resources.
Neighborhood Model Zoning developments are required to provide greenspace and amenities
as well as on -site recreational facilities required under Section 4.16 of the Zoning Ordinance.
Based on the analysis included with ZMA 2007-01, the ordinance would have required 8 tot lots
and four full court basketball courts within the project to serve a development of 1,222 units.
Given the dense, urban form of development proposed, it was recognized that meeting the full
recreation requirements prescribed by the ordinance could not be achieved on -site and a
modification to Section 4.16 was approved with the rezoning. Credit towards meeting the
ordinance requirements was given for amenities proposed within the development, including 2
tot lots, pocket park, linear park, greenway area, basketball court, pool, and dog park and a
cash proffer was offered towards regional recreation. (Refer to Attachment D-Code of
development) The table below provides a comparison of ordinance requirements, amenities
approved with ZMA 2007-01 and amenities proposed with this rezoning.
Ordinance Requirements
for 1,222 units
Amenities Approved with
ZMA 2007-01
Proposed Amenities with
ZMA 2016-07
• 8 tot lots
• 2 tot lots
• 2 tot lots
• 4 full court basketball
• Pocket Parks
Pocket Parks
courts
• Linear Park
Linear Park
• 20 % Green Space and
• Central Plaza
Central Plaza
Amenities
• Powell Creek Greenway Area
Powell Creek Greenway
(Credit towards C/P cash proffers
Area (Credit towards C/P
was given for this land dedication
cash proffers was given
in the amount of $950, 000)
for this land dedication in
• Neighborhood Center: 1 Pool and
the amount of $950,000)
clubhouse
Neighborhood Center: 1
• Dog park
Pool and clubhouse
• 1 Basketball court
Dog park
• $500/unit towards regional public
1 Basketball court
recreation, approximately $611,00
1 additional Pool and
total
clubhouse proposed with
Proffer 13
The applicant has proffered to provide additional recreation amenities in Block D-2, C-2, or C-4
to include a minimum of 3,500 square foot pool and deck along with a 1,777 square foot
clubhouse/exercise facility (Proffer 13). Staff supports this additional proffer but the wording
should be revised to clarify that 3,500 is the minimum size for the pool and the deck, in addition
to the clubhouse. However, based on the estimated cash proffer value of the additional
amenities, it does not completely off -set what would have been provided with Proffer 8. With
$500 proffered per unit and a maximum build -out of 1222, the estimated total value of the
existing proffer is $611,000. Parks & Recreation staff estimates the cost of the pool and
clubhouse facilities at approximately $456,000. The value of the proposed recreational amenity
on -site would be the equivalent of a $500 cash proffer on 912 residential units. One approach
to mitigating the remainder of the recreational impacts might be to apply the $500 cash proffer
for off -site recreational facilities on units 913 — 1222.
The intent of the recreational cash proffer was to address off -site impacts. Development of the
greenway along the Rivanna River and active field space for practice and competitive sports
fields remain high priority implementation projects in the Places 29 area. The additional on -site
amenities will not help address those recreational needs but will provide additional on -site
opportunities for residents within Hollymead Town Center.
Proposed Proffer 13 does not address off -site recreational impacts and the estimated cash
value of the substituted amenities does not equal the original proffer. Staff believes that the
applicant should propose alternatives to adequately address these impacts.
Proffer 10 Phasing Plan- At the time this proffer was offered in 2007, there was no commercial
or residential use on the ground and the phasing proffer was to assure mixed use within
Hollymead Town Center. Now we have both residential and commercial in this area. Neither
Community Development nor Economic Development staff have concerns with the change.
SUMMARY AND ACTION:
Staff has identified factors which are favorable and unfavorable to this request.
Factors Favorable:
1. Affordable housing proffer changes related to banking provisions provide additional
flexibility.
2. The County's Housing Director does not have concerns with elimination of the
percentage of for -sale units in the development.
3. Changes proposed to the phasing proffer should not affect the County's desire to ensure
that both residential and non-residential activities take place in Hollymead Town Center.
4. Significant on -site amenities for residents are proposed.
Factors Unfavorable :
1. The proposed methodology in the proffers for calculating the number of affordable units is
inconsistent with the Affordable Housing policy and other accepted affordable housing
proffers.
2. The cash proffered and accepted by the Board when the property was originally rezoned
was consistent with the cash proffer policy and was a reasonable condition intended to
address the impacts from the rezoning. The then applicant/owner signed the current
proffer form that states the conditions are voluntarily proffered as part of the rezoning and
acknowledged that the conditions are reasonable. The proffers were approved under prior
legislation and the County is not required to evaluate this request under the new proffer
legislation.
RECOMMENDATION:
Staff recommends approval of the following proffer amendments:
• Proffer 1-Affordable housing --eliminate the minimum percentage of units required to be
for -sale and revise the banking/carry-over requirements.
• Proffer 11-Phasing plan — eliminate the requirement for a set ratio of commercial
toresidential square footage to be constructed over the life of the project.
• Proffer 13 Recreation amenities -New proffer to provide additional recreation amenities in
Block D-2,C-2, or C-4 to include a minimum of 3,500 square foot pool and deck along
with a 1,777 square foot clubhouse/exercise facility.
Staff does not recommend approval of these proffer amendments
Proffer 1-Affordable housing - Revise how the percentage of affordable units are
calculated from total number of units within the development to total market rate units
Proffer 4 - Reduce CIP cash proffer amounts.
Proffer 8- amendment to remove a cash proffer in its entirety for off -site recreation
facilities.
PLANNING COMMISSION MOTION:
A. Should a Planning Commissioner choose to recommend approval:
Move to recommend approval of ZMA201600007 with the changes recommended by staff.
B. Should a Planning Commissioner choose to recommend denial of this rezoning:
Move to recommend denial Should a commissioner motion to recommend denial, he or she
should state the reason(s) for recommending denial.
ATTACHMENTS:
A. Location Map
B. Proffers Approved June 8, 2016 and dated May 27, 2016
C. Proposed Proffers Dated June 20, 2016
D. Hollymead Town Center Code of Development -Green Space, Civic Area, and Amenities
ZMA201600007 HTC A2 Proffer Amendments- Location Map
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Original Proffer:
Amended Proffer: X
PROFFER FORM
Date: -June 20, 2016
ZMA #: ZMA 2010-006, Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-45 and 32-50
44.5 Acres to be rezoned from RA to NMD
In conjunction with the Application Plan entitled "ZMA Application Plan for NMD
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,
"Amendment to the General Development Plan for ZMA 2007-001," dated November 1,
2010 (the "Amended Application Plan for Blocks 131, B2 and 134") 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.
Tax Map Parcel Numbers: 32-45 and 32-50, 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
the Application Plan, which applies to all portions of the Property except for Blocks B 1, B2 and
B4, and the Amended Application Plan for Blocks B1, B2 and B4. The Application Plan and the
Amended Application Plan for Blocks B 1, B2 and B4 are attached hereto as Exhibits A and B,
respectively.
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-
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. If
rezoning application ZMA 2010-006 is 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 Hollymead Town Center Area
A-2.
1. Affordable Housing. The Owner shall provide affordable housing equal to fifteen
percent (15%) of the total market rate residential units constructed on the Property, in the form of
for -sale condominiums and townhouses, and for -rent condominiums, townhouses, apartments and
accessory units. Accessory units shall not exceed 25% of total units. A minimum of 10%
Affordable Dwelling Units of each residential site plan shall qualify under the terms and conditions
of this proffer and at no time shall the total number of affordable housing units required under this
proffer be less than 15% of the total number of units for the development. The owner may "carry-
over" or "bank" credits for affordable units in the event a site plan designates affordable units that
in the aggregate exceed the fifteen percent (15%) of the total number of units for the development.
Each site plan shall summarize percentage of affordable units.
A. For -Sale Affordable Housing Units. All purchasers of the For -Sale Affordable Housing
Units,(defined below) shall be approved by the Albemarle County Housing Office or its designee.
"For -Sale Affordable Housing Units" shall be dwelling units offered for sale at prices for which
households with incomes less than eighty percent (80%) of the area median income may qualify.
The Owner shall provide the County or its designee a period of ninety (90) days to identify and
prequalify an eligible purchaser For -Sale Affordable housing Units. The ninety (90) day period shall
commence upon written notice from the Owner that the unit(s) shall be available for sale. This
notice shall not be given more than one hundred twenty (120) days prior to receipt of the
Certificate of Occupancy for the applicable For -Sale Affordable Housing Unit; the County or its
designee may then have thirty (30) days within which to provide a qualified purchaser for such
For -Sale Affordable Housing Unit. If the County or its designee does not provide a qualified
purchaser during the ninety (90) day period, the Owner shall have the right to sell the unit(s)
without any restriction on sales price or income of the purchaser(s).
B. For -Rent Affordable Units.
(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
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 Proffer IB 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
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 Proffer 113. 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
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 IB(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
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.
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
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
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.
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").
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
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.
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 Berkmar Drive Extended, other
County infrastructure, transportation, public safety, school, parks and library improvements.
The cash contributions shall be: $ $3,845 cash for each attached/townhouse/condominium
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.
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
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
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 10,000square foot pocket
park (the "Pocket Park') located on the northern edge of Block 131 fronting Town Center Drive as
shown on the Amended Application Plan for Blocks 131 B2 and B4, and shall include all such
improvements, landscaping and other features indentified 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
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.
8. 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
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.)
4
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
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.
9. LEED Standards for Core and Shell Development. The Owner shall cause the commercial
and mixed -use buildings in the Project to b designed and constructed to meet minimum standards
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
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.
10. Phasing Plan. Prior to building permits that would authorize up to 75,000 square feet of
commercial/office, building permits shall have been issued for at least 30 residential units. Prior to
building permits that would authorize up to 200,000 sq ft of commercial/office, building permits
hall have been issued for at least 100 residential units (total). Prior to building permits that would
authorize more than 200,000 sq ft of commercial/office, building permits shall have been issued for
at least 200 residential units.
11. 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,
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 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 Glenn Connection. Approval of the County Engineer and the
owner for the location of the connection to Willow Glen may be shifted from the 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.
5
12. 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, constructing, enlarging,
extending, or maintaining (except to the extent VDOT maintains any public improvements) Route 29,
and roads and other improvements associated therewith.
13. In conjunction with the subdivision plat or site plan that includes Block D2, C-2 or C-4, the Owner
shall establish a minimum of 3,500 SF recreation amenities to include pool and pool deck and minimum
of 1,777SF clubhouse/exercise facility. These amenities shall be in addition to those green space, civic
and amenities required in the Code of Development and shown on the application plan.
WITNESS the following signature:
Route 29 LLC,
A Virginia Limited Liability Company
P.O. Box 5548
Charlottesville, VA 22905
By:
COMMONWEALTH OF VIRGINIAt
CITY/COUNTY OF ��ti �r `� , to -wit
The forgoing ins rumept was acknowledged before me this <�G�� day of June, 2016,
by -lid ��t � 1�, ) cc-Q, . Operating Manager of Route 29 LLC, a Virginia limited
liability company.
My Commission expires:
Notary -Public
Notary registration number: i G �u C?"
NENA L HARRELSlow
L
1 NOTARY PUBLIC
REGISTRATION * 102181
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
APRIL 30. 2017
Original Proffer:
Amended Proffer: X
PROFFER FORM
Date: May 27, 2016
ZMA #: ZMA2016-001, Hollymead Town Center Area A-2
Tax Map Parcel Numbers: 32-45 and 32-50
44.5 Acres to be rezoned from NMD to NMD
In conjunction with the Application Plan entitled "ZMA Application Plan for NMD
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,
"Amendment to the General Development Plan for ZMA 2007-001," dated November 1,
2010 (the "Amended Application Plan for Blocks B1, B2 and 134") 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.
Tax Map Parcel Numbers: 32-45 and 32-50, 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
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 B4. The Application Plan and the
Amended Application Plan for Blocks B 1, B2 and B4 are attached hereto as Exhibits A and B,
respectively.
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-
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
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.
1. Affordable Housing. 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
condominiums and townhouses, and for -rent condominiums, townhouses, apartments and
1
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
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
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 Honsiniz 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
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,
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)
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
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
2
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
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 Proffer 113. 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
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
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.
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
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
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.
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").
3
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
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.
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 Berkmar Drive Extended, other
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
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 _near preceding the calendar year most recently ended. For each cash
contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
4
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
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
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
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 Facilit3L 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
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.
8. Recreational Facilities. The owner shall contribute $500.00 cash per residential unit, to
be paid at the time of issuance of each building permit unless the timing of the payment is
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.
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
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
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.
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
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
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 Qlen 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,
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
C.
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
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.
WITNESS the following signature:
Route 29 LLC,
A Virginia Limited Liability Company
P.O. Box 5548
Charlottesville, VA 22905
Operating Manager
COMMONWEALTH OF,V RGINIA, I
CITY/COUNTY OF l �.l cw r l . to -wit A.
,The for oin Instrument as acknowledged before me this day of May, 2016,
By 1i� of��. ll� �1.J[' Operating Manager of Route 29 LLC, a Virginia limited
liability company.
My Commission expires: 1aw(
R
Notary Public
Notary registration number: O
7
fIOLLYMEAD TOWN CENTER — AREA A 0 CODE OF DEVELOPMENT
Green Space, Civic Area and Amenities
A conceptual plan for open spaces is depicted within the Master
Development Plan. These areas will include a central plaza, pocket parks,
linear park, pedestrian trails and passive and active recreational areas. An
estimated 20% of the area within the site shall be devoted to open space.
All amenities illustrated in the General Development Plan and Green
Space, Civic and Amenities Area Plan (Ex. #2 & 45), and described in this
Code of Development will be built or bonded in accordance with County
code.
Table E lists the various categories of open space provided within Area A2
of the Hollymead Town Center. No more than 7.6 acres of land, including
stream buffers, greenways and upland areas, southern and western
development area shall be dedicated to the County for the Powell Creek
Greenway as designated by the Hollymead Master Plan. The boundaries
of the Powell Creek Greenway along with the other green space, civic and
amenities areas of Area A-2 are illustrated in Exhibit #5.
Pedestrian and bike systems will provide access from all areas within the
Town Center to Meeting Street, and public transportation stops at the
parks will be particularly convenient to Meeting Street and Lockwood
Drive.
Table E
Minimum Green Space,
Civic and Amenity Area
.�
Block A
Poviel Creek Greenaway
Block B
Pow -el Creek Gteenway
Packet Park
Neighborhood Center
Black C
Unear Park.
Powel CreeGreenway
Block C
Linear Pa, k
Central Plaza
T'atol
Area (sq. ft.)
143,750
148,100
14,500
38,000
41,600
39,200
12,600
30,000
Tot -A
467,750
Total Area = 10J acl' 20% :Area A2
15
HOLLYMEAD TOWN CENTER — AREA A El CODE OF DEVELOPMENT
Powell Creek Greenway
The Powell Creek Greenway is an open space corridor that stretches along
Powel Creek from Timberwood Blvd. through Blocks C5, C6, B2, B3, B4
& Al, eventually terminating at US Route 29. The boundaries extend 50
feet to 100 feet from the center line of Powell Creek. Although the
greenway is less formal and rural in nature, a groomed
walking/hikmg/biking path will lead through the area, providing a
pedestrian link along the western parameter of Area A.
Pocket Parks
Pocket parks are located on both the north and south side of Block B1, and
will provide a communal gathering green space for both residents and the
Town Center workforce. The park on the south side of Block B 1 will
open up to a sheltered crossing providing pedestrian access across Meeting
Street to Area A1.
Linear Park
The Linear Park connects the Powell Creek Greenway to the north with
Area B, providing a pedestrian link through Blocks C and D. In Block C2
the Linear park opens up to an approximately one acre multipurpose
"village green" walking/jogging path around its parameter. The park will
be designed as a flat open lawn allowing for active recreation. The park
will also include a children's recreational area in accordance with the
specifications set forth in Section 4.16.2.1 of the Albemarle County Code.
Following the Linear Park southeast through Block C2 will lead to a
sheltered crossing providing pedestrian access across Meeting Street to
Block D2.
Central Plaza
The neighborhood center for residents, employees, shoppers and other
visitors is Meeting Street and the plazas surrounding the traffic
roundabout. These areas are within a five-minute walk to all areas within
the Town Center, and are the area where the greatest mix of uses is
expected. Meeting Street will be the most important street from a design
perspective, with parking relegated, buildings pulled close to and framing
the street, wide sidewalks with street trees in planters and street furniture
provide an attractive and comfortable area for people to congregate.
The Central Plaza area will extend for at least 50 feet in each direction
from the intersection of Meeting Street and Town Center Drive. The plaza
will be framed by buildings on three sides and be open into the Area Al
commercial center.
16
HOLLYMEAD TOWN CENTER - AREA A o CODE OF DEVELOPMENT
The Neighborhood Center
A Neighborhood Center featuring a pool, clubhouse, basketball court and
other amenities will be located in Block B2, and will be easily accessible
for residents throughout Area A2. The pool will be approximately 2,000
square feet with an adjoining clubhouse structure approximately 1000
square feet. The Neighborhood Center has an additional 14,000 square
foot open area that will be dedicated as a dog park. The pool facility is
located close to neighboring residential units as an integral neighborhood
feature, however it is not located within 125 ft. of any existing property
line not associated with Area A2.
17
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