Original Proffer ZMA 91-13

Amended Proffer ZMA 95-05

(Amendment # 2) (ZMA 2004-014)

 

PROFFER FORM

 

 

Date: 1/27/2005

ZMA #ZMA 2004-014

Tax Map and Parcel Number(s) 32G-1, 32G-3-A, 32G-3-83

 

123.612 Acres to be rezoned from PRD to PRD

 

Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly

authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned.  These conditions are proffered as a part of the requested rezoning and it is agreed that:  (1) the rezoning itself gives rise to the need for the conditions; and  (2) such conditions have a reasonable relation to the rezoning request.

 

 

            1.         Approval is for a maximum of 661 dwellings, exclusive of the Ray Beard lots identified on the Application Plan, subject to conditions contained herein.  The locations and acreages of various land uses shall be as shown on the approved Application Plan.  As part of the final site plan and/or subdivision plat processes, the aggregate area of established open space shall at all times be at lease proportional to the aggregate number of dwelling units (site plans) or lots (subdivision plats) approved.  After each primary recreation area identified on the Application Plan is established, it shall be conveyed to a homeowners association whose formation documents shall be reviewed and approved by the County Attorney.  Off street parking and access for the recreation area shall be limited as shown on the original PRN plan for ZMA 79-32, as referenced on the Briarwood Application Plan most recently revised January 19, 2005 (hereinafter, the “Application Plan”).  The means to limit such access shall be addressed as part of the site plan or subdivision plat review.

 

            2.         No grading permit or building permit shall be issued by the County in any phase until the owner obtains final site plan and/or subdivision plat approval for that phase, with the exception that necessary permits for the construction of Briarwood Drive may be issued by the County once the owner obtains VDOT approval of the road plans for Briarwood Drive.

 

            3.         Critical slopes may be disturbed for the construction of roads only with the prior approval of the County Engineer.  Otherwise, the disturbance of critical slopes is permitted only as authorized by the applicable Albemarle County Zoning Ordinance regulations as provided by Zoning Ordinance § 8.5.5.2. 

 

            4.         The owner shall obtain County approval of recreational facilities to include: one tot lot with Phase 3C and one tot lot with Phase 1B; the dedication of open space with the approval of Phases 4 and 5 for the passive recreational area which shall include the construction of walking/jogging trails; and, the primary recreation area south of Camelot shall be built or bonded for its construction prior to final plat approval of Phase 4.  This recreational area shall be built prior to completion of Phase 4 and shall consist of a baseball/multi-purpose field, two basketball courts, playgroup equipment and picnic facilities.  All recreation facilities shall be installed by the owner.  The walking/jogging trails shall be constructed and maintained by the owner as a primitive path in accordance with the applicable design and construction standards in the County’s Design Standards Manual.

 

            5.         Sidewalks shall be constructed at the time of corresponding road construction along the southerly side of Austin Drive from Route 29 North to Briarwood Drive and along the westerly side of the entire length of Briarwood Drive.  The sidewalks shall be constructed to VDOT standards.

 

            6.         Only those areas where a structure, utilities, pedestrian ways, recreation areas, roads, and other improvements are to be located, as shown on an approved final site plan or subdivision plat, shall be disturbed; all other land shall remain in its natural state.  This proffer does not apply to individual residential lots.

 

            7.         Lots along Camelot Drive may be developed with townhouse units as shown on the Application Plan. 

 

            8.         The unconstructed portion of Briarwood Drive through the commercial areas shown on the Application Plan shall be built as approved by VDOT and bonded to County.

 

            9.         The mix of units permitted in each phase is as follows:

 

Existing Lot Mix

 

Phase

Type of Dwelling Unit

Totals

 

SFD

Duplex

Townhouse

 

1A

-

98

-

98

1B

-

-

53

53

2

-

96

-

96

3 (ABC)

-

72

37

109*

4

-

66

-

66

5

-

70

-

70

6

-

30

-

30

7

-

78

-

78

8

32

20

-

52

TOTALS

32

530

90

652

 

            Lots to be added by

            Ray Beard Property TM-32-E-2                      4                      656

            ____________________________________________________

 

            Lots to be added in final engineering                  5                      661

            ____________________________________________________

 

            Totals                                                                                       661

 

*Lots 97 & 98 are included in the Phase 3 total but will be platted at a later date.

 

 

Proposed Lot Mix

 

Phase

Type of Dwelling Unit

Totals

 

SFD

Lots

SFA

Lots

Townhouse

Lots

 

1A

28

-

22

50

1A (Existing Subphase 1 and 2)

-

48

-

48

1B

15

-

31

46

2 (Existing)

-

96

-

96

3, 3A, 3B, 3C (Existing)

-

70

37

107

4

52

-

-

52

5

18

-

-

18

6

31

-

-

31

7 (Existing)

-

78

-

78

8

-

-

135

135

TOTALS

144

292

225

661

 

 

            10.       Landscaping to provide screening shall be provided as required by Albemarle County Code § 18-32.7.9.8 along the rear of all townhouse units located on double frontage lots.

 

            11.       The owner shall provide 25 units of affordable housing (for sale townhouses) with the construction of Phases 1A (subphases 3 and 4), 1B, and 8 as identified on the Application Plan.  The owner shall convey the responsibility of constructing the affordable units to the subsequent purchaser of the subject property.  The current owner or the subsequent owner shall create units affordable to households with incomes less than 80% of the area median income such that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed 30% of the gross household income.  All purchasers of these units shall be approved by the Albemarle County Housing Office or its designee.  The owner/builder shall provide the County or its designee a period of 90 days to identify and prequalify an eligible purchaser for the affordable units.  The 90 day period shall commence upon written notice from the owner that the units will be available for sale.  This notice shall not be given more than 60 days prior to the anticipated receipt of the certificate of occupancy.  If the County or its designee does not provide a qualified purchaser during this period, the owner shall have the right to sell the unit(s) without any restriction on sales price or income of purchaser.

 

            For the lands subject to this rezoning, these proffers supersede the proffers accepted by the Albemarle County Board of Supervisors for ZMA 91-13 and ZMA 95-05.

 

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