COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

SP 07 - 26 Crozet Station

 

SUBJECT/PROPOSAL/REQUEST:

Request to add residential use in a C-1 commercial district and a parking structure addition to the northeast corner of the site.

 

STAFF CONTACT(S):

Cilimberg, Echols, Grant

 

LEGAL REVIEW:   NO

 

 

AGENDA DATE:

November 14, 2007

 

ACTION:     X          INFORMATION: 

 

CONSENT AGENDA:

  ACTION:             INFORMATION: 

 

 

ATTACHMENTS:   YES

 

BACKGROUND: 

On October 16, 2007, the Planning Commission held a public hearing on the Crozet Station special use permit request. The Commission passed by a vote of 5:1 recommendation for approval of the special use permit with conditions and with the expectation that the applicant would be able to work out all of the outstanding issues before the Board meeting.  

 

DISCUSSION:

The following is the current status of issues discussed at the October 16th Planning Commission public hearing:

  1. An access easement has been recorded over which interconnection will be provided to the adjacent property.
  2. Sheets SP-3 and SP-4 of the plans (See Attachment I) show that there is no impact to the stream buffer.
  3. Internal amenities are shown on sheets SP 2 and SP-3 of the plans (See Attachment I).
  4. Condition 4 addresses the provisions of affordable housing.
  5. Resolution is still needed on the level of improvements needed to Rt. 240. The applicant plans to meet with VDOT prior to the Board public hearing to work on a resolution of this outstanding issue. The resolution of this matter will need to be shown on the concept plan referenced in Condition #1 below.
  6. Provisions for stormwater management are acceptable to the County Engineer.
  7. Condition 6 addresses utility and landscape concerns across the frontage of the site.

 

While Condition 4 addresses the affordable housing aspects of this special use permit request and is typical of similar language that has been used for proffers relating to affordable housing, the Chief of Housing has again expressed concerns regarding the administration of this condition as it regards Section B. of Condition #2. below (County Option for Cash In Lieu of Affordable Units). However, the Board has approved recent rezoning requests with similar language for proffers relating to this provision.

 

RECOMMENDATIONS:

The Planning Commission recommended approval of Special Use Permit 2007-26 with conditions as modified to address the expectations of the Planning Commission in its action:

1   

      1. Development shall be in general accord with the concept plan entitled, “Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised October 29, 2007", Sheet A/O and Sheets SP1 - SP5.

     

      2. The final site plan shall not be approved until the applicant has provided evidence that an easement has been executed to provide inter-parcel access to the property to the east.

     

      3. There shall be no disturbance of the stream buffer.

 

4.  Affordable and moderately-priced housing shall be provided as follows:

 

A.    Affordable housing units. The Owner shall provide five (5) residential dwelling units as affordable housing for sale. The five (5) units shall be comprised of one or more of the following unit types: single-family attached housing or multi-family condominiums.  The Owner or his successor in interest reserves the right to achieve the five (5) affordable units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below.  The first subdivision plat or site plan for the Property shall designate the five (5) lots or units, as applicable, subject to the terms and conditions of this condition, that will be the affordable units as described herein.  The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property.  The current Owner or subsequent Owner shall create units affordable to households with incomes less than eighty percent  (80%) of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the gross household income, provided, however, that in no event shall the selling price of such affordable units be more than sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) sales price/loan limits for VHDA’s first-time homebuyer programs, provided that the selling price shall not be required to be less than  One Hundred Ninety Thousand Four Hundred Dollars ($190,400) at the beginning of the 90-day identification and qualification period referenced below.  The Owner or his successor in interest may provide down payment assistance in the form of secondary financing 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. 

 

B.   County Option for Cash In Lieu of Affordable Units.  If at any time prior to the County’s approval of any preliminary site plan or subdivision plat for the subject property which includes one or more for-sale affordable units, the Housing Office informs the then-current Owner/builder in writing that it may not have a qualified purchaser for one or more of the for-sale affordable dwelling units at the time that the then-current Owner/builder expects the units to be completed, and that the County will instead accept a cash contribution to the County to support affordable housing programs in the amount of Nineteen Thousand One Hundred Dollars ($19,100) in lieu of each affordable unit, then the then-current Owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the units that were originally planned to be affordable units, and the then-current Owner/builder shall have the right to sell the units without any restriction on sales price or income of the purchasers.

 

C.    Moderately priced housing units. The Owner shall provide twenty-five (25) residential dwelling units as moderately-priced housing for sale.  The twenty-five (25) units shall be comprised of one or more of the following unit types: single-family attached housing or multi-family condominiums.  The Owner or his successor in interest reserves the right to achieve the twenty-five (25) moderately-priced units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below.  The first subdivision plat or site plan for the Property shall designate the twenty-five (25) lots or units, as applicable, subject to the terms and conditions of this condition, that will be the moderately-priced units as described herein.  The Owner shall convey the responsibility of constructing the moderately-priced units to any subsequent purchaser of the subject property.  The current Owner or subsequent Owner shall create moderately-priced units that are affordable to households with incomes less than one hundred twenty (120%) of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the gross household income, provided, however, that in no event shall the selling price of such moderately-priced units be more than eighty percent (80%) of the applicable Virginia Housing Development Authority (VHDA) sales price/loan limits for VHDA’s first-time homebuyer programs, provided that the selling price shall not be required to be less than Two Hundred Thirty Eight Thousand Dollars ($235,000) at the beginning of the 90-day identification and qualification period referenced below.  The Owner or his successor in interest may provide down payment assistance in the form of secondary financing 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. 

 

D.    Qualification period. All purchasers of for-sale affordable and moderately-priced units shall be approved by the Albemarle County Office of Housing or its designee.  The Owner shall provide the County or its designee a period of ninety (90) days to identify and pre-qualify an eligible purchaser for the 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 one hundred twenty (120) 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 ninety (90) day period, the Owner shall have the right to sell the units without any restriction on sales price or income of purchaser(s); provided, however, that any units sold or leased without such restriction shall nevertheless be counted toward the number of affordable or moderately-priced units required to be provided pursuant to the terms of this condition.  If these units are sold, this condition shall apply only to the first sale of each unit.  Nothing herein shall preclude the then-current Owner/builder from working with the County Housing Department prior to the start of the notification periods described herein in an effort to identify qualifying purchasers for affordable and moderately-priced units.

 

 

E.    Inspection of records. The County shall have the right, upon reasonable notice and subject to all applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of assuring compliance with this condition.

 

 

5. Residential amenities such as an outdoor plaza, paved path to the greenway, or civic green area shall be provided, to the satisfaction of the Planning Director as shown on the concept plan entitled, “Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised October 29, 2007", Sheets SP2 and SP3.

 

6. Street trees shall be provided along the Route 240 frontage. The street trees shall meet the minimum size, types of species, and spaced as determined by the County's Architectural Review Board.  

 

7. The final site plan shall not be approved until the applicant has provided an access area to the greenway dedication in the north-west section of the property as shown on Sheet SP 2 of the Concept Plan entitled, “Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised October 29, 2007".   

 

8. Water quality and water quantity treatment shall be based on an assumed pre-existing cover of 20% for the site.

 

ATTACHMENTS:

Attachment I:     Application Plan dated May 23, 2007, revised October 29, 2007 (on file in Clerk's office)

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