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Home My WebLink AboutZMA200600015 Proffers Original Proffer _X_ Amended Proffer (Amendment # ) PROFFER FORM Date: October 10. 2007 ZMA # 2006-015 Tax Map and Parcel Number(s) Tax Map Parcel 94-1 and 80-48 32.24 Acres to be rezoned from RA to PRD The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the RA to the PRD zoning district as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each., a "Proffer," and collectively, the "Proffers"), which the Owner acknowledges are reasonable, 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. If rezoning application ZMA 2006- 015 is denied, these proffers shall immediately be null and void and of no force and effect. This Proffer Statement shall relate to the Application Plan entitled "Master Plan, Glenmore", dated November 2, 1990, and prepared by Clower Associates, Inc., the Application Plan entitled "Glenmore Planned Residential Development Application Plan for ZMA 99-016, dated April 12, '2000 and more specifically the plan entitled, "Glenmore Section S-5 Rezoning Plan", dated May 10, 2007, last revised September 10, 2007, and prepared by Roudabush., Gale, and Associates, Inc. 1. The development of the Property shall be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9),(10) and (11) and those uses allowed by special use permit under Section 19.3.2(2), (4), (8), (9), (10) and(I1) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the Zoning Ordinance) as that Section is in effect on October 10, 2007, a copy of which is attached hereto. The residential development on the Property shall not , exceed forty-three (43) single family units. These forty-three (43) single family dwelling units are in addition to, and not counted as part of, the eight hundred thirteen (813) units authorized in Glenmore RPD by ZMA 99-016. To offset public expenditure on Capital Improvement Projects, the Owner shall contribute seventeen-thousand five-hundred dollars ($17,500) in cash for each dwelling lot on the Property for the purposes of funding transpQrtation, public safety, school, parks and library improvements. The per 101 cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. 2. ~ ~.\., c,'=> 1 3. To provide capital for Albemarle County's Affordable Housing Program, the Owner shall contribute two-thousand six-hundred sixty-five dollars ($2,665) in cash for each dwelling lot on the Property. The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. 4. Beginning January 1, 2008, the amount of cash contribution required by Proffer number 2 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 (alk/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases 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 year preceding the calendar year most recently ended, and the denominator of which shall be the Index as of December 1 in the preceding calendar year. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. \ ,qof~~K#r Signatures of All Owners ~S\~ Signatures of All Owners ~ot>ert:D L/l,/f'~.,.c,oD Printed Names of All Owners Ie It:( lo"?' Date (!a/'.t>/yl1/.5' LIPe/ll~D Printed Names of All Owners /t.?!;!t>7 Date Signatures of All Owners Printed Names of All Owners Date 2 Attachment 7 Original Proffer _X_ Amended Proffer (Amendment # ) PROFFER FORM Date: October 10, 2007 ZMA # 2006-015 Tax Map and Parcel Number(s) Tax Map Parcel 94-1 and 80-48 32.24 Acres to be rezoned from RA to PRD The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the RA to the PRD zoning district as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a "Proffer," and collectively, the "Proffers"), which the Owner acknowledges are reasonable, 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. If rezoning application ZMA 2006-015 is denied, these proffers shall immediately be null and void and of no force and effect. This Proffer Statement shall relate to the Application Plan entitled "Master Plan, Glenmore", dated November 2, 1990, and prepared by Clower Associates, Inc., the Application Plan entitled "Glenmore Planned Residential Development Application Plan for ZMA 99-016, dated April 12, 2000, and more specifically the plan entitled, "Glenmore Section S-5 Rezoning Plan", dated May 10, 2007, last revised September 10, 2007, and prepared by Roudabush, Gale, and Associates, Inc. The development of the Property shall be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9), (10) and (11) and those uses allowed by special use permit under Section 19.3.2(2), (4), (8), (9), (10) and (11) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the Zoning Ordinance) as that Section is in effect on October 10, 2007, a copy of which is attached hereto. The residential development on the Property shall not exceed forty-three (43) single family units. These forty-three (43) single family dwelling units are in addition to, and not counted as part of, the eight hundred thirteen (813) units authorized in Glenmore RPD by ZMA 99-016. To offset public expenditure on Capital Improvement Projects, the Owner shall contribute seventeen -thousand five -hundred dollars ($17,500) in cash for each dwelling lot on the Property for the purposes of funding transportation, public safety, school, parks and library improvements. The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. To provide capital for Albemarle County's Affordable Housing Program, the Owner shall contribute two -thousand six -hundred sixty-five dollars ($2,665) in cash for each dwelling lot on the Property. The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. 4. Beginning January 1, 2008, the amount of cash contribution required by Proffer number 2 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/k/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases 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 year preceding the calendar year most recently ended, and the denominator of which shall be the Index as of 20 December 1 in the paid in increments, each year. (Signed) Robert D. Livengood Signatures of All Owners (Signed) Carolyn s. Livengood Signatures of All Owners preceding calendar year. For each cash contribution that is being the unpaid incremental payments shall be correspondingly adjusted Robert D. Livengood Printed Names of All Owners Carolyn S. Livengood Printed Names of All Owners 21 10/9/2007 Date 10/9/2007 Date Original Proffer _X Amended Proffer (Amendment # ____) PROFFER FORM Date: October 10, 2007 ZMA # 2006-015 Tax Map and Parcel Number(s) Tax Map Parcel 94-1 and 80-48 32.24 Acres to be rezoned from RA to PRD The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone the Property from the RA to the PRD zoning district as requested, the Owner shall develop the Property in accord with the following proffered development conditions (each, a "Proffer," and collectively, the "Proffers"), which the Owner acknowledges are reasonable, 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. If rezoning application ZMA 2006- 015 is denied, these proffers shall immediately be null and void and of no force and effect. This Proffer Statement shall relate to the Application Plan entitled "Master Plan, Glenmore", dated November 2, 1990, and prepared by Clower Associates, Inc., and last revised with the title "Glenmore, 2006 ZMA Plan Overview, Existing Conditions," dated May 19, 2007, last revised September 10, 2007, and prepared by Roudabush, Gale, and Associates, Inc. 1. The development of the Property shall be limited to those uses allowed by right under Section 19.3.1 (1), (5), (6), (7), (8), (9), (10) and (11) and those uses allowed by special use permit under Section 19.3.2(2), (4), (8), (9), (10) and (11) of the Zoning Ordinance of Albemarle County, Virginia (hereinafter referred to as the Zoning Ordinance) as that Section is in effect on October 10, 2007, a copy of which is attached hereto. The residential development on the Property shall not exceed forty-three (43) single family units. 1. To offset public expenditure on Capital Improvement Projects, the Owner shall contribute seventeen -thousand five -hundred dollars ($17,500) in cash for each dwelling lot on the Property for the purposes of funding transportation, public safety, school, parks and library improvements. The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. 3. To provide capital for Albemarle County's Affordable Housing Program, the Owner shall contribute two -thousand six -hundred sixty-five dollars ($2,665) in cash for each dwelling lot on the Property. The per lot cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for each lot. 4. Beginning January 1, 2008, the amount of cash contribution required by Proffer number 2 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/k/a Marshall & Swift) (the "Index") or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases 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 year preceding the calendar year most recently ended, and the denominator of which shall be the Index as of December 1 in the preceding calendar year. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. Signatures of All Owners Printed Names of All Owners Date Signatures of All Owners Printed Names of All Owners Date Signatures of All Owners Printed Names of All Owners Date N