HomeMy WebLinkAboutZMA201800007 Application Zoning Map Amendment 2018-08-20Albermarle County
Planning Application
TMP 06100-00-00-154E0 Owner(,): NEW BELVEDERE INC
Application #I ZMA201800007
PRDPERTdF INFORMATIDN
Community Development Department
441 MclntireRoadCharlottesviIIe,VA22942- 596
Voice : (434) 296-5E22 Fax : (434) 972-4126
Legal description Subdivide InformationDeed Book, Page (3488, 552 ) Conveyance [ ) Dateof Sale (WI II/3007) Transaction. Date
Magisterial dist, RIO F-1 Land Use Primary Unassigned F
CurrentAFD Not in Af F District El Current Zoning Primary iNeighborhood Model District T
APPLICATIDN INFORMATION
StreetAddress 1550 BELVEDERE BLVD CHARLOTTESVILLE, 22901 I Entered By
Application Type Zoning Map Amendment JenniferSmith
e 20 PD18
Project BELVEDERE PROFFER AMENDMENT - CARRIAGE HOUSE UNITS
Received date OS f 20f 18 Received date Final Submittal date OS f 20 f 18 Tatal Fees 3J63
Closing File date Submittal date Final Tatal Paid
Revision Number
Camments ARS -OIC
SIGNATURES - OIC
Legal Ad
PROJECT: ZMA301800007, Belvedere Proffer Amendment - Carriage House Units
MAGISTERIAL DISTRICT: Rio
TAX MAP/PARCEL(!;): 06100-00-00-154ED, 06100 00 00 15800, 06100 00 00 16000, 06300 00 00 003A1, 06300-00-00-003B0, 06300-
00-00-00300, 063A3 00 00 00100, 063G0 00 00 005A0, 063G0 -00-00-005A1, 063G0 -00-00-007A, 063GO-00-1)7-15701), 063GO-00-07-
16500, 063G 0 00 07 17100, 063G 0 00 07 17300, 063G 0 00 07 17400, 063G 0 00 07 17900, 063G 0 00 07 18000, D63G D-DD-0D-0D9AD
LOCATION: Properties are located in the Belvedere development off of Rio Road.
PROPOSAL: Amend existing proffers related to carriage house units.
PETITION: Amend proffers for ZMA2DD4DDDD7-Belvedere, Including proffer 2.2, to aII4w carriage house unitr 4n I4ts with single-
famlly-atta{hied units and to a l low accessory units (and ba se Ment a pa rtments) to count tGwa rd nYeetl ng the required Minimum r
SUB A PPLICAT I DN (s)
Type Sub APPIicatio Comment
APPLICANT f CONTACT INFDRMATIDN
Corttz c Type Name
,adttess
Ci State
Zip Phone PhaneCel l
Ory rar Appke rR NEW BELVEDERE INC
;.........................................................................................................
510 'NEST RID ROAD
;..............................................................................
CHARLOTTESVILL
;..............................................
22901
;............................. t
...........................................
Pnmsry _rtaet : VALERIE W. LONG - WILLIAMS MULLEN
:321 EAST MAIN STREETr SUITE
_
_CHARLOTTESVILL
.................................. ................................
_22902 4349515709
............................................
Applicant STEVE KROHN - NEW BELVEDERE INC
........................................... .........................................................................................................
..............................................................................
:610W. RIO RD
..............................................................................
..............................................
CHARLOTTESVILL
..............................................
............................. .................................. ..................................
2.2901 4342207701
.................................................................................................
Date
Signature of Contractor or Authorized Agent
m 218
County of Albermarle rapnicai Data DCnarbttes�le, VA
Parcel Property Information 401 rncintire Road 22902-45%
TMP - - -1 E Legal Subdivide InformationDeed Book, Page (3488 , 552 ]
Description
Conveyance( ) Date of Sale (09/11/2007)
Pa re nt TM P
Tax Map =-=ti n Blork Parcel GPIN 493782912419
Majar Subdiv, BELVEDERE 1A Total Acres 0.16 TMP f nactive?AG'TIVE
E-9 11 STREET ADDRESS INFORMATION
House Nian Street Name ! atyMate Zi
550 BELVEDERE BLVD CHARLOTTESVILLE VA 22901
................................. a.......................................................................................................................................................:....................................................................................:..................................:................................
OWNER INFDRMATION
Narne Street Address city, 1 State Zi
NEW BELVEDERE INC ' 510 WEST RIO ROAD ' C HA RLOTTES Vni-EV A ::22901
ADDITIONAL PROPERTY INFORMATION
Agricultural Forest districts Not in AIF Djstrlct High School district: Albemarle T
Traffic Zane: 292 Middle School district: Burley T
later Precinct: Dunt ra Elem. School district: 8gnor-Hurt T
Magisterial District: RlG
Metra Planning Area?i Census Black Group: I n
CATS Area?! Census Trart. 136,2 II
Public Water Se-,ner: Water $t 5eurer Water 5upply Protection Area? NQ Other Rural Land-, NQ
Watershed: I Ljpg7 r Rivanna River 7 Development Area? FYES
Historical Significance
World Heritage Site National Historic Landmark I Virginia Landmark Register i Natianal Register aF Histaric Plares
Parcel Has Proffers Parcel Has Easements
Current Land Use Number of Structures Number of dwelling Units
Primaryl Unassicned T
Secondary: UnaSSjgned L
Minor: �UnasSiund T
omprehensive Plan Land Use I Plan Area:
Primary:IUrban Mixed Use (in rente€s3
Secondary:
Minar: I Unassjgfted
Oth a r: I Unassjg ned
Other2: Unassigned
Other3: Unassiga
Other4: Unassi-fined
Others: Unassigned k`
I""""31 I Lirrrent Zoning
zoning
Adopted 12L 980
Fonina
Pra'arra IZI1980
Primary: Nejightiorhapd Mndbl €)istri&
7
llnassiuned
Unassicined
Secondary: unaS rte'd
1Una-mi
ne'd T
Plirrar: Unassigned
_
LUnassigned
Unassigned
Other. Unassigned
7
Natural Resource Extraction Overlay'
Flaod Hazard Overlay
Lirporc Impact -.rea
Entranre Carridar Overlay
Scenic Stream Overlay;
ACTIVITY INFORMATION.
fLdWNING ACT7VITY.S
&UILDING .4CTIYITIES
Printed0n: I Thurs d ay, Se temberL8.2018
Application for Al,
Zoning Map Amendment
'�RGIA}�A
PROJECT NAME: (How should we refer to this application?) Belvedere Proffer Amendment - Carriage House Units
TAX MAP PARCEL(s): See enclosed list of parcels attached as Exhibit A to Land Use Application Authorization
Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, list those tax map and parcel numbers
PROPOSAL: REZONE 172.145 ACRES
FROM
I
PROPOSAL: AMEND ZMA - ?004 - (90007
ZONING DISTRICT by doing the following:
ZONING DISTRICT ❑ By adding
I EXISTING COMP PLAN LAND USE/DENSITY:
LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED:
fro m
to
❑ Amend an existing Planned District
0 .Amend existing proffers
CONVENTIONAL DISTRICTS — RA, VR, R-1, R-2, R-4,
Amend a Code of Development
R-6, R-10, R-15, C- 1, CO, HC, LI, HI, and DCD zoning
❑
districts EXISTING COMP PLAN LAND USE/DENSITY:
Acres
Zoning District
Zoning District
PLANNED DEVELOPMENT DISTRICTS - MHD, PRD, Urban Mixed Use
PUD, NMD, PDMC, PDSC, and PD -IP zoning districts. LOCATION/ADDRESS OF PARCEL(S) TO BE REZONED:
Are you submitting a preliminary site plan with this application?
Are you submitting a preliminary subdivision plat with this application?
Are you proffering a plan with this application?
YES ® NO
YES Q NO
YES NO
Contact Person (Who should we call/write concerning this project?): Valerie W. Long, Williams Mullen
Address 321 East Main Street, Suite 400 City Charlottesville State Virginia Z;P 22902
Daytime Phone () 951-5709 Fax # L__)
Owner of Record New Belvedere, Inc., and Belvedere Land Holdir
Address 610 W. Rio Road
Daytime Phone C__j 220-7701 Fax # L__) _
Applicant (Who is the Contact person representing?): same as Owner.
Address
Daytime Phone O
Fax # (__)
E-mail vlong@williamsmullen.com
gs, LLC, each c/o Steve Krohn
City Charlottesville State Virginia Zip 22901
E-mail skrohn@resortscompanies.com
City
E-mail
State Zip
FOR OFFICE USE ONLY ZMA # / SIGN #
Fee Amount $ Date Paid By who? Receipt # Ck# By:
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Zoning Map Amendment Application Revised 4/23/2018 Page 1 of 5
Section 15.2-2284 of the Code of Virginia states that, "Zoning ordinances and districts shall be drawn and applied
with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability
of property for various uses, the trends of growth or change, the current and future requirements of the community
as to land for various purposes as determined by population and economic studies and other studies, the
transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds,
recreation areas and other public services, the conservation of natural resources, the preservation of flood plains,
the preservation of agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the locality."
REQUIRED ATTACHMENTS & OTHER INFORMATION TO BE PROVIDED for
THE APPLICATION TO BE OFFICIALLY SUBMITTED
Application Signature Page
rJ�aj�p/1 ❑ One (1) completed & signed copy of the appropriate checklist (see list on page 3).
p(� ❑ One (1) copy of the Pre -application Comment Form received from county staff
❑ One (1) copy of any special studies or documentation as specified on the Pre -application Comment Form
N/� ❑ Seventeen (17) folded copies of a Conceptual Plan for conventional zoning districts (see districts on page 1)
OR
t,J/A ❑ Seventeen (17) folded copies of an Application Plan for planned development districts (see districts on page 1)
Seventeen (17) copies of a written narrative
The narrative must be laid out to identify each of the bulleted TITLES as follows:
• PROJECT PROPOSAL
The project proposal, including its public need or benefit; (be as descriptive as possible)
■ For proposed Neighborhood Model District (NMD) - Provide a statement describing how the
proposed district satisfies the intent of Chapter 18 and if one or more characteristics of the neighborhood
model delineated in section 20A.1 of Chapter 18 are missing from the application, then provide a
justification as to why any characteristics cannot or should not be provided with the proposal
• CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan
for the applicable development area;
■ For proposed Neighborhood Model District (NMD) - Provide a narrative as to the project's
consistency with the neighborhood model.
• IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The proposed project's impacts on public facilities and public infrastructure.
• IMPACTS ON ENVIRONMENTAL FEATURE
The proposed project's impacts on environmental features.
• PROPOSED PROFFERS TO ADDRESS IMPACTS
The proposed proffers to address impacts from the proposed project.
Proffers are voluntary offers to use property in a more restrictive way than the overall zoning district
classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are
not mandatory. The rezoning must give rise to the need for the proffers; the proffers must be related to the
physical development or physical operation of the property; and the proffers must be in conformity with the
Comprehensive Plan.
Zoning Map Amendment Application Revised 4/23/2018 Page 2 of 5
REQUIRED ATTACHMENTS CONTINUED
ri`A ❑ One (1) copy of a local traffic impact statement as required by Virginia Code § 15.2-2222.1 and 24 VAC 30-155-40.
One (1) copy of the most recent recorded plat, that shows the Deed Book/Page Number, of the parcel(s)
composing the proposed project, or a boundary survey if a portion of one or more parcels compose the proposed
��/project, both of which shall include a metes and bounds description of the boundaries.
NJ Taxes, charizes, fees, liens owed to the County of Albemarle
As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility
fees, and any other charges that constitute a lien on the subject property, which are owed to the County of Albemarle
and have been properly assessed against the subject property, have been paid.
For a Neighborhood Model District (NMD) - new or amendment of an existing NMD
tl//lei ❑ Seventeen (17) copies of the Code of Development satisfying the requirements of section 20A.5.
❑ One (1) copy of a parking and loading needs study that demonstrates parking needs and requirements and includes
strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in
section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the
applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for
the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of
the zoning map amendment.
rJ1A ❑ One (1) copy of strategies for establishing shared stormwater management facilities, off-site stormwater
management facilities, and the proposed phasing of the establishment of stormwater management facilities.
OPTIONAL ATTACHMENTS:
❑ Proffer Form signed by owner(s) (1 copy).
❑ Additional Information, if any. (17 copies)
THE FOLLOWING ZONING DISTRICT CHECKLISTS WILL BE USED BY BOTH THE APPLICANT AND
STAFF DURING THE MANDATORY PRE -APPLICATION MEETING.
ALSO CONSULT THE OTHER DOCUMENTS BELOW BEFORE SUBMITTING AN APPLICATION:
CONVENTIONAL ZONING DISTRICT
CHECKLIST
PLANNED DEVELOPMENT ZONING DISTRICT
CHECKLIST
NEIGHBORHOOD MODEL DISTRICT
CHECKLIST
PROFFER FORM (MS Word doc)
STAFF ANALYSIS OF ZMA & SP REQUESTS
WATER AND SEWER EVALUATION CHECKLIST
PLANNING COMMISSION REQUEST FOR INFO
Zoning Map Amendment Application Revised 4/23/2018 Page 3 of 5
APPLICATION SIGNATURE PAGE
VERIFICATION OF THE SIGNATURE ON THIS PAGE MUST HAPPEN BEFORE THE
APPLICATION MAY BE DEEMED COMPLETE
If ownership of the property is in the name of any type of legal entity or organization including, but not limited to,
an LLC, a corporation, a partnership or association, or a trust, then a document acceptable to the County must be
submitted with this application certifying that the person signing below has the authority to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the
owner's written consent to the application and must include any applicable documents authorizing that person to
provide consent. If the applicant is the agent of the owner, a document acceptable to the County must be submitted
that is evidence of the existence and scope of the agency. Please attach the owner's written consent.
o One (1) copy of the applicable ownership information.
CHECK AS
OWNERSHIP OF THE PROPERTY IS A
DOCUMENT TO BE PROVIDED FOR THIS APPLICATION
APPLIC LE
Limited liability company ("LLC")
The articles of organization and when the power is delegated to someone
other than a manager or a member, also the operating agreement.
Stock &Nonstock corporation
(1) for a board of directors
(1)
a. Stock - the articles of incorporation or a shareholders
agreement may limit the board's statutory authority.
b. Nonstock - the articles of incorporation and the by-laws,
the latter of which may include a member or director
agreement, may limit the board's statutory authority
(2) for a person expressly authorized
(2) written evidence of that authorization such as a board resolution or
by the board of directors
board minutes
(3) for a committee
(3) an action of the board of directors authorizing the committee to act;
the articles of incorporation or the by-laws may limit the statutory
authority
(4) for a corporate officer
4 the by-laws or the delegating resolution of the board of directors.
❑
Partnership
The statement of partnership authority, which may limit the authority of one
or more partners.
❑
Limited partnership
The partnership agreement, or amendments thereto, which may limit the
authority of one or more general partners.
❑
Incorporated & Unincorporated church and
(1) for trustees, an authorizing court order
other religious body
(2) for the corporation holding title, the appropriate corporate documents
(3) for a bishop, minister or ecclesiastical officer, the laws, rules or
ecclesiastical polity of the entity that authorizes the person to hold, improve,
mortgage, sell and convey the property.
❑
Land trust
The deed of conveyance to the trustees and the trust instrument
See Attachment A in the Land Use Law Handbook
for a complete list of Authorized Signatories for Land Use Appiications
Owner/Applicant Must Read and Sign
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I
also certify that the information provided on this application and accompanying information is accurate, true, and correct to the
best of my knowledge. By signing this application I am consenting to written comments, letters and or notifications regarding this
application being provided to me or my designated contact via fax and or email. This consent does not preclude such written
communication from also being sent via first class mail.
, 20
Signiture of Owner/Agent eCon a t Purchase Date -707
Print Name V Daytime phone number of Signatory
Zoning Map Amendment Application Revised 4/23/2018 Page 4 of 5
Required FEES to be paid once the application is deemed complete:
What type of Zoning Map Amendment are you applying for?
❑ Zoning Map Amendment of less than 50 acres $2,688
W Zoning Map Amendment of greater than 50 acres $3,763
tiX ALL ZONING MAP AMENDMENTS - FIRE RESCUE REVIEW FEE $75
To be paid after staff review for public notice:
Most applications for a Zoning Map Amendment require at least one public hearing by the Planning Commission and one
public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by
publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore, at least two
fees for public notice are required before a Zoning Map Amendment may be heard by the Board of Supervisors.
The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before
the application is heard by a public body.
➢ Preparing and mailing or delivering up to fifty (50) notices
$215 + actual cost of first-class postage
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public hearing)
Actual cost
(averages between $150 and $250)
➢ Special Exception — provide written justification with application - $457
Other FEES that may apply:
❑
Deferral of scheduled public hearing atapplicant's request
$194
Resubmittal fees for original Zoning Map Amendment fee of $2,866
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,344
Resubmittal fees for original Special Use Permit fee of $3,763
❑
First resubmission
FREE
❑
Each additional resubmission (TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF)
$1,881
The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance.
Zoning Map Amendment Application Revised 4/23/2018 Page 5 of 5
August 20, 2018
Albemarle County
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902-4596
RE: AUTHORIZATION TO SUBMIT LAND USE APPLICATIONS
New Belvedere, Inc., a Virginia corporation, and Belvedere Land Holdings, LLC, a Virginia
limited liability company (together, the "Owner"), are the owners of the Albemarle County tax
map parcels listed on Exhibit "A" attached hereto and incorporated herein (collectively, the
"Property"). The Owner desires to submit land use applications affecting the Property, such as,
but not limited to, Special Exception application requests, Zoning Map Amendment requests,
Site Plan applications, and other similar land use applications affecting the Property
(collectively, the "Land Use Applications"). The Owner hereby authorizes the following
individuals and entities to submit Land Use Applications on behalf of the Owner in connection
with the Property: Valerie W, Long of the law firm of Williams Mullen, and employees thereof.
This authorization includes the authority to take any other steps, and submit any other
documentation to Albemarle County necessary to effectuate the Land Use Applications on behalf
of the Owner.
NEW BELVEDERE, INC., BELVEDERE LAND HOLDINGS, LLC,
a Virginia corporation a Virginia limited liability company
By: _ By;
Name: Name:
Title: — Title:
36763012_I.DOC
EXHIBIT A
the Property
06100-00-00-154EO
NEW BELVEDERE INC
06100-00-00-15800
NEW BELVEDERE INC
06100-00-00-16000
NEW BELVEDERE INC
06200-00-00-002A1
NEW BELVEDERE INC
06200-00-00-002CO
NEW BELVEDERE INC
06200-00-05-000AO
NEW BELVEDERE INC
062GO-00-05-OOOA1
NEW BELVEDERE INC
062GO-00-07-000AO
NEW BELVEDERE INC
062GO-00-07-15700
NEW BELVEDERE INC
062GO-00-07-16500
NEW BELVEDERE, INC
062GO-00-07-17100
NEW BELVEDERE INC
062GO-00-07-17200
NEW BELVEDERE INC
06200-00-07-17400
NEW BELVEDERE INC
062GO-00-07-17900
NEW BELVEDERE INC
06200-00-07-18000
NEW BELVEDERE INC
062GO-00-09-000AO
NEW BELVEDERE INC
06200-00-00-002BO BELVEDERE LAND HOLDINGS LLC
062A3-00-00-00100 BELVEDERE LAND HOLDINGS LLC
36763012_1 .doc
August 20, 2018
Belvedere — Proffer Amendment for Carriage House Units
PROJECT PROPOSAL
New Belvedere, Inc. and Belvedere Land Holdings, LLC (together, the "Owner") hereby request
a Zoning Map Amendment to amend the existing Proffer Statement dated October, 10, 2005
related to ZMA 2004-00007, approved by the County Board of Supervisors on October 12, 2005
(the "Existing Proffers") to modify Appendix A thereto which relates to Carriage House Units.
Enclosed is a revised draft of the Existing Proffers that incorporates our proposed revisions (the
"Proposed Proffers"), as well as a blackline version that compares the changes to the Existing
Proffers. The Proposed Proffers include the following revisions:
1. Appendix A to the Proposed Proffers expands the definition of Carriage House Units to
allow them on lots with single family attached units(such as a Villa-style townhouse), and
to allow them above attached or detached garages, whether the garage is accessory to a
single family detached unit, or a single family attached unit.
2. Revises paragraph 2.2 to provide that the 103 minimum number of Carriage House Units
would also include any Accessory Units that are constructed within the Property as of the
date of this application (August 20, 2018). This change will enable any accessory units
(such as basement apartments)that are constructed within the Property to count toward the
requirement of 103 units that are either Carriage House Units or Accessory Apartments.
This added flexibility will provide more opportunities for Carriage Houses within the Belvedere
Community, and enable the Owner to achieve its minimum required number of Carriage House
Units under the Existing Proffers. In particular, while Carriage House Units remain popular in
Belvedere, they are not ADA accessible or always convenient for the elderly. There is a strong
market demand for smaller units such as Accessory Units that are convenient and functional for
seniors and the disabled. With the proposed relocation of the Senior Center to Belvedere, this is
more important than ever. As such,the proposed revisions to the proffers would permit the Owner
to achieve the requirement of 103 Carriage House Units through a combination of both Carriage
House Units (as defined by the broader definition of such contained in the modified Appendix A)
and Accessory Apartments.
Currently, Carriage House Units at Belvedere must be located on lots with single family detached
units (see Existing Proffers, Appendix A). The Proposed Proffers would permit Carriage House
Units to be located on lots with single family attached units. In addition, the Proposed Proffers
would permit Carriage Houses units to be above detached or attached garages, regardless of
whether the garage is on a single family detached lot, or a single family attached lot.
One of the more popular housing types within Belvedere and other communities in Albemarle
County are the "Villa Style" single family attached units. While single family attached units are
often perceived as smaller townhomes or duplexes, the "Villa Style" single family attached unit is
more akin to a larger, luxury townhome, located on lot sizes with ample room for small attached
or detached Carriage House Units.
4
In addition, such Carriage House Units would still be subject to required setback regulations and
must meet the architectural standards of the applicable primary residence. These Carriage House
Units will likely be located within or above the attached (or semi-attached) garages of these villa
units. The Proposed Proffers state, "All Carriage House Units that are above a garage must be
constructed in the same architectural style as the primary residence and should employ the same
exterior color selections as the primary residence. Setback regulations for Carriage House Units
above garages shall be the same as those for garages." The Proposed Proffers ensure the quality
of the neighborhood is maintained, while also allowing the flexibility for a variety of housing
types.
The Proposed Proffers will allow residents of a variety of housing types in Belvedere the benefit
of incorporating a Carriage House Unit or Accessory Unit within their lot, with the additional
benefit of added cash flow to assist with paying their mortgages, making the primary residence
more affordable. Additionally,the Proposed Proffers would help the Owner meet the requirements
related to the configuration of housing types within the development,which includes a requirement
for a minimum number of Carriage House Units (and now Accessory Units). Finally, this
application will enable the Owner to provide units that will meet existing market demand for
accessory units that are ADA compliant and thus functional for the elderly and disabled.
CONSISTENCY WITH COMPREHENSIVE PLAN
The applicable property is designated as Neighborhood 2 — Places29, Urban Mixed Use in the
Comprehensive Plan. The Proposed Proffers, by allowing Carriage House Units within attached
units, satisfies the Comprehensive Plan goal of increased affordability. In addition, the Proposed
Proffers would encourage a mixture of housing types and styles, in furtherance of neighborhood
model design characteristics envisioned in an Urban Mixed Use land use designation. Therefore,
the Proposed Proffers are consistent with the goals and objectives of the Comprehensive Plan.
IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE
The addition of Carriage House Units on single family attached lots will have no impact on public
facilities or public infrastructure. The density of the development remains unchanged by the
Proposed Proffers, as Carriage House Units are already allowed within or detached from primary
residences on single family detached lots. The proposal is simply a technical change to also allow
such units within or detached from primary residences on single family attached lots.
IMPACTS ON ENVIRONMENTAL FEATURE
Similarly, this proposal will have no impact on any environmental features for the same reasons
listed above. The proposal is a simply a technical change to allow Carriage House Units on certain
types of lots. The density of the development remains unchanged.
2
PROPOSED PROFFERS TO ADDRESS IMPACTS
The Proposed Proffers maintains the quality of living space of Carriage House Units within
Belvedere by requiring such units to meet the same architectural quality and style as the applicable
primary residence. In addition, setback regulations will apply to both the primary residence and
Carriage House Units, ensuring the quality of the Belvedere neighborhood remains in place as
well.
36762973_4
3
Original Proffer: 10/12/2005
Amended Proffer:_
8/20/2018
(Amendment#
PROFFER FORM
Date of Proffer Signature 10/10/2005
ZMA # 2018-
Tax Map 61, Parcels 154,157,158,160,161154E. 158. 160
Tax Map 62, Parcels 2A71,2B,2C,3,5, 6A
and 2C
Tax Map 62A3 Parcel 1
Tax Map 62G. Parcels 5A. 5A1. 7A. 7157. 7165. 7171. 7172. 7174. 7179. 7180. 9A
206.682172,145 Acres to be rezoned from R-4JVeighborhood Model District
,(Natini to Neighborhood Model District (NMD)
This Proffer Statement shall supersede and replace that certain Proffer Statement
dated October 12. 2005. related to ZMA-2004-00007. for the applicable property listed
below.
With respect to the property described in rezoning application
#ZMA-2004-000072018 (the "ZMA"), New Belvedere . Inc.
is the fee simple owner of the following parcels:
• TMP 6406100-00-00-1540
. • TMP 6412§100-00-00-115800
• TMP 6406100-00-00-4.6016000
• TMP 6206200-00-00-5002A1
• TMP 6206200-00-00-2222C2
• TMP 62062G0-00-00-6105-000A0
• TMP 62A3062G0-00-00-05-00081
• TMP 062G0-00-07-000A0
• TMP 062G0-00-07-15700
• TMP 062G0-00-07-16500
• TMP 062G0-00-07-17100
• TMP 062G0-00-07-17200
• TMP 062G0-00-07-17400
• TMP 062G0-00-07-17900
• TMP 062G0-00-07-18000
• TMP 062G0-00-09-000A0
Belvedere - - - - • - -- e - 1 • - - , - - -
•
C. LevensonDunlora Land Holdings. LLC is - - - - •- - - - - - - - - e - -
_ _ e • - - - - . - - ' " - - - - - - - - the fee
simple owners of the following parcelparcels
• TMP 6306200-00-00-3002B0
TMP 062A3-00-00-00100
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 C rria• - Houe nits. Owner proffers to require through the lot sale
2 Carriage House Units and Accessory Apartments. The
Owner shall provide a minimum of 103 units within the Property that are either
Carriage House Units or Accessory Units. as provided in this paragraph 2.2. As of
August 20. 2018. approximately 75 Carriage House Units have been constructed
within the Property. Any Carriage House Units or Accessory Units that are
constructed within the Property after August 20. 2018 that comply with the
requirements of this paragraph 2.2 shall be counted toward the required total of 103
units required by this paragraph 2.2. even if they were constructed prior to the date of
approval of ZMA-2018-
2.2.1. Carriage House Units. Carriage House Units shall meet
the requirements for a single family or two family dwelling as defined in the Virginia
Uniform Statewide Building Code. Each Carriage House Unit shall conform to the
Code of Development, Appendix A, Carriage House Units, General Standards: (as
Modified August 20. 2018). 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 restrictieerestrictions shall be
described on the plat creating such parcels ar-kland be incorporated into each deed
conveying title to such parcels.
2.2.2. Accessory Units. "Accessory Units" shall mean
Accessory Apartments as defined in the Albemarle County Code. Chapter 18. Section
3.1. and a regulated by the Albemarle County Code. Chapter 18. Section 5.1.34. and
a unit within a two family dwelling as defined in the Virginia Uniform Statewide Building
Code.
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 Faun (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 form 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 Club ,o‘
ewner-ef 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 determines are needed to verify that the plan satisfies the
requirements of this proffer.
(b) The plan shall be drawn to a scale not greater than one (1) inch
equals fifty (50) feet.
(c) All proposed grading shall be shown with contour intervals not
greater than two (2) feet. All concentrated surface drainage over lots shall
be clearly shown with the proposed grading. All proposed grading shall be
designed to assure that surface drainage can provide adequate relief from
the flooding of dwellings in the event a stain). sewer fails.
(d) Graded slopes on lots proposed to be planted with turf grasses
(lawns) shall not exceed a gradient of three (3) feet of horizontal distance
for each one (1) foot of vertical rise or fall (3:1). Steeper slopes shall be
vegetated with low maintenance vegetation as determined to be
appropriate by the County's program authority in its approval of an erosion
and sediment control plan for the land disturbing activity. These steeper
slopes shall not exceed a gradient of two (2) feet of horizontal distance for
each one (1) foot of vertical rise or fall (2:1), unless the County Engineer
finds that the grading recommendations for steeper slopes have
adequately addressed the impacts.
(e) Surface drainage may flow across up to three (3) lots before being
collected in a storm sewer or directed to a drainage way outside of the
lots.
(f) No surface drainage across a residential lot shall have more than
one-half (1/2) acre of land draining to it.
(g) All drainage from streets shall be carried across lots in a storm
sewer to a point beyond the rear of the building site.
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 permit. 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 term preservation. Should Phase
III fieldwork yield subsurface architectural features and artifacts related to 18th- or
early 19th-century domestic occupations at Free State, and should these sites be
deemed archaeologically significant 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.
'1
•
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 of
Development.
Signatures of All Owners: Printed Names of All Owners: Date:
New ,Belvedere Station Land Trust,
Trustco
Dunlora LLC byBelvedere Land Holdings. LLC
Robert Hauser Homes Inc.
Robert Hauser Homes Inc.
by CEO
StoneHaus, Inc.
Jacob C. Levenson
Charlotte G. Levenson
Appendix A— Carriage House Units
General Standards:
I ,Modified August 20. 2018
All Carriage House Units must be constructed in the same architectural
style as the primary residence and must employ the same exterior color
selections as the primary residence. Setback regulations for Carriage House
Units shall be the same as those for garages.
Carriage House Units are separate, detached independent living units which
are included with a single family detached unit or a single family attached
unit. and are clearly subordinate to the primary residence. These units are
typically located above a garage (which garage may be either attached to. or
detached from the primary residence). and are restricted to a maximum finished
area of 800 ft2. While these units may have a distinct street address and may
be provided with separate utility meters if utilized as a rental unit, they may
not be subdivided from the primary residence. Carriage
located to the rear of the primaryresidence andHouse Units must meet all
architectural standards applicable to the primary residence. Setbacks shall be
the same as those applicable to a traditional detached or attached garage, as
.a. (ice.
Carriage house units play an important role in providing for affordable
housing. As an inexpensive rental unit, they help provide affordable rental
housing that is integrated into the larger community. An additional benefit is
that the units are "Cash flow positive" helping to make the primary
residence more affordable by providing the owner with additional cash flow
to pay the mortgage. These units have been widely utilized in other TND
neighborhoods with tremendous success.
36763539 3.docx
•
Document com•arison b Workshare 9 on Monda , Au•ust 20, 2018 2:09:25 PM
Document 1 ID interwovenSite://WM-IW-APP/IWOVRIC/36763228/1
Description '.36763228v1<IWOVRIC> - New Belvedere - Existing
Proffer Statement
Document 2 ID C:\NRPortbl\IWOVRIC\NSCRO\36763539_3.docx
Description C:\NRPortbl\IWOVRIC\NSCRO\36763539_3.docx
Rendering set Standard
Deletio
�r
Moved from
•
Style change
Format change
Moved-deletion-
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Count
Insertions 70
Deletions 57
Moved from 0
Moved to 0
Style change 0
Format changed 0
Total changes 127