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HomeMy WebLinkAboutZMA201800011 Staff Report 2018-11-14Albemarle County Legislation Text File #: 18-553, Version: 1 AGENDA DATE: 11/14/2018 TITLE: ZMA201800011 Brookhill Proffer Amendment SUBJECT/PROPOSAL/REQUEST: Request to waive the public hearing requirements under County Code § 18-33.15(A)(1)(a) associated with a proposed zoning map amendment application seeking to revise the original proffers of the Brookhill development. ITEM TYPE: Regular Action Item STAFF CONTACT(S): Richardson, Kamptner, Graham, Gast -Bray, Benish, Langille PRESENTER (S): Cameron Langille LEGAL REVIEW: Yes REVIEWED BY: Jeffrey B. Richardson BACKGROUND: The Albemarle County Board of Supervisors approved a zoning map amendment (ZMA), ZMA201500007, for the Brookhill project on November 9, 2016. This ZMA included a proffer statement for numerous proffers, including off -site transportation improvements (Attachment A). In 2017, the Virginia Department of Transportation (VDOT) obtained funding to complete a road construction project, known as the Rio Mills Road connector road, that was proffered by the developer in conjunction with the original Brookhill ZMA. VDOT is actively pursuing the design, construction, and completion of the Rio Mills Connector road as a public improvement project. The developer has submitted a new ZMA application, ZMA201800011, to amend the original proffers and to clearly define the developer's responsibilities now that VDOT is undertaking the Rio Mills Road project (Attachment B). The draft of the revised proffers is still under review with County staff. STRATEGIC PLAN: Infrastructure Investment: prioritize, plan, and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs; Thriving Development Areas: attract quality employment, commercial, and high density residential uses into development areas by providing services and infrastructure that encourage redevelopment and private investment while protecting the quality of neighborhoods DISCUSSION: Pursuant to County Code § 18-33.15(A)(1)(a), an applicant requesting approval of a zoning map amendment that only proposes to amend existing approved proffers that do not affect conditions of use or density may request the Board of Supervisors to waive the requirement for public hearings with the Planning Commission and/or the Board. County Code § 18-33.15(A)(1) is enabled by Virginia Code § 15.2-2302. The applicant of ZMA201800011 has filed such a request with the Clerk of the Board to waive public hearings with both the Planning Commission and the Board of Supervisors. In accordance with County Code § 18- 33.15(A)(1), the proposed amendment solely pertains to amending proffers that do not affect the conditions of Albemarle County Page 1 of 2 Printed on 6/29/2019 powered by LegistarTM File #: 18-553, Version: 1 use or density, the Code of Development, or the Application Plan that were approved with the original Brookhill rezoning. The proposed proffer amendment will revise three (3) of the original proffers: Proffer #1 D, Proffer #6, and Proffer #8, which are all tied to the Rio Mills Connector road. See Attachment C for a summary of the proposed revisions. The proposed proffer amendment complies with County Code §§ 18-33.15(A)(1) and 18- 33.15(A)(1)(a). BUDGET IMPACT: None. RECOMMENDATION: Staff recommends approval of the request to waive the requirement for public hearings for the reasons stated in Attachment C. ATTACHMENTS: Attachment A: ZMA201500007 Brookhill original proffer statement Attachment B: ZMA201800011 Draft of revised Brookhill proffer statement Attachment C: Staff Summary of proffer revisions Albemarle County Page 2 of 2 Printed on 6/29/2019 powered by LegistarT" Original Proffers X Amendment Brookhill PROFFER STATEMENT Date: October 13, 2016 ZMA No. 2015-007 Brookhill Tax Map and Parcel Number(s): 04600-00-00-018A0, 04600-00-00-01800 and 04600-00-00-01900 Tax Map and Parcel Number(s) High School Site: 04600-00-00-018B4 and 04600-00-00-018DO Owner(s) of Record: CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH; CHARLES R. HAUGH, & E. J. OGLESBY, JR., TRUSTEES; CROCKETT CORPORATION, a VIRGINIA CORPORATION; HORNE LAND CORPORATION, a VIRGINIA CORPORATION AND CRAFTON CORPORATION, a VIRGINIA CORPORATION Date of Proffer Signature: OcA- 2—2016 Approximately 277.5 acres to be rezoned from R 1 Residential to NMD (Neighborhood Model District) CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH are the owners of Tax Map Parcel 04604-40-00-01SA4; CHARLES R. HAUGH & E. J. OGLESBY, JR. TRUSTEES are the owners of Tax Map Parcel 04600-00-00-01800; and CROCKETT CORPORATION is the owner of Tax Map Parcel 04600-00-00-01900; all of the owners of such parcels are referred to herein, collectively as the `'Owner" and the parcels are referred to herein as the "Property". HORNE LAND CORPORATION is the owner of Tax Map Parcel 04600-00-00-OISBO and CRAFTON CORPORATION is the owner of Tax Map Parcel 04600-00-00-018130. The Property is the subject of the rezoning application identified by Albemarle County (the "County") as "ZMA 2015-007" for a project known as "Brookhill"(the "Project"), which includes the application plan prepared by Collins Engineering entitled, "Brookhill Neighborhood Model District (NMD) Application Plan," last revised September 16, 2016 (the "Application Plan"), a Code of Development entitled the "Brookhill Neighborhood Model Code of Development," last revised October 13, 2016 (the "Code of Development")_ Capitalized terms, not otherwise defined in these Proffers shall have the same definitions as set forth in either the Code of Development or the Application Plan. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the proposed rezoning, and the Owner acknowledges that the conditions are reasonable. 1. Transuortation Improvements. A. Polo Grounds Road Im ovements. Pursuant to road plans approved by the Virginia Department of Transportation ("VDOT"), the Owner shall construct all intersection and turn lane improvements, including improvements to the horizontal alignment, vertical alignment and cross- section of Polo Grounds Road ("Polo Grounds Road Improvements"). The Polo Grounds Road Improvements shall be completed in two phases. Owner shall begin construction of Phase I, as depicted on the Figure A, Brookhill Traffic Phasing Plan ("Traffic Phasing Plan"), prior to the issuance of a building permit ("Permit") for the first (1') dwelling within the Project, and the Phase I Polo Grounds Road Improvements shall be substantially completed prior to issuance of either i) a Permit for the fiftieth (50"') dwelling (other than an Assisted Living, nursing home, rest home or convalescent facility) within the Project, or ii) a certificate of occupancy for any units within a multi -family dwelling within the Project, whichever first occurs. Phase IV, as depicted on the Traffic Phasing Plan, shall be completed prior to issuance of any Permit for a dwelling (other than a multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) within Blocks 14-18 of the Project. The Polo Grounds Road Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The Polo Grounds Road Improvements shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are substantially complete. Pursuant to approval by VDOT, Polo Grounds Road Improvements shall include salamander tunnels, shown conceptually in Figure B, ["Salamander Crossing Exhibit"). Maintenance of the salamander tunnels shall be the responsibility of the Owner, and a maintenance agreement shall be established and approved by VDOT during the VDOT review of the road plans for the Polo Grounds Road Improvements. B. Route 29 Intersection Improvements. Pursuant to road plans approved by VDOT, the Owner shall construct all intersection and turn lane improvements along Route 29, conceptually depicted on the Application Plan ("Route 29 Intersection Improvements"). The Route 29 Intersection Improvements shall be substantially completed prior to issuance of either i) a Permit for the fiftieth (50') dwelling (other than an Assisted Living, nursing home, rest home or convalescent facility) within the Project or ii) a certificate of occupancy for any units within a multi -family dwelling within the Project, whichever first occurs. The Route 29 Intersection Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The Route 29 Intersection Improvements shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are substantially complete. C. Ashwood Boulevard Connection. Pursuant to road plans approved by VDOT and a temporary construction easement and maintenance agreement approved by the County, the Owner shall construct the Ashwood Boulevard Connection, as conceptually depicted with improvements and landscaping shown on Exhibit C, Ashwood Boulevard Connection ("Ashwood Boulevard Connection"). The Ashwood Boulevard Connection, which includes a pedestrian connection, shall be bonded prior to road plan approval and substantially completed prior to: i) the issuance of the five hundredth (500th) Permit for a dwelling (other than a multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) or ii) the issuance of the eight hundredth (800th) Permit for any dwelling type within the Project, whichever first occurs. In any event, Owner shah have completed the Ashwood Boulevard Connection prior to the completion of the western extension of Ashwood Boulevard to Berkmar Drive Extension, Until such time as the County determines to submit the Ashwood Boulevard Connection for public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and insurance of the Ashwood Boulevard Connection, The Owner shall submit a temporary construction easement and maintenance agreement that is acceptable to the County prior to approval of road plans for Phase I roadway improvements. The Owner's improvements shall be dedicated, together with the County -owned right-of-way at such time as the County determines to submit the Ashwood Boulevard Connection for public dedication. The Ashwood Boulevard Connection shall be determined to be substantially completed by: i) the Albemarle County Page 2 of 10 Engineer, or its designee or ii) when it is constructed, inspected and VDOT has accepted the Ashwood Connection for dedication, or iii) a VDOT official otherwise confirms that they are substantially complete. D. Rio Mills Road Connection. Pursuant to road plans approved by VDOT, the Owner shall construct a two lane road connection from Rio Mills Road to the newly -constructed, Berkmar Drive Extension in the approximate location shown on Exhibit D, Rio Mills Roadway Connection ("Rio Mills Road Connection"). The Rio Mills Road Connection shall be substantially completed prior to: i) issuance of the two hundredth (200th) Permit for a dwelling unit (other than a multi- family dwelling, Assisted Living, nursing home, rest home or convalescent facility), or ii) the occupancy of twenty five thousand (25,000) square feet or more of non-residential space within Block 1 of the Project, which ever first occurs. With the first final subdivision plat, or first final site plan for any of the Property, excluding the subdivision of Block 19, Owner shall dedicate sufficient land to permit the construction of the Rio Mills Road Connection (including right of way and grading easements) as conceptually shown on Exhibit D. (The dedication plat for the Rio Mills Road Connection shall not be approved until all road and infrastructure plans are approved and constructed or bonded). Owner shall bear the costs associated with preparation of the Rio Mills Road Connection dedication plat for review and approval by Albemarle County (the "County). The Rio Mills Road Connection shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee or ii) when it is constructed, inspected and VDOT has accepted the Rio Mills Connection for dedication, or iii) a VDOT official otherwise confirms that they are substantially complete. E. Transit Stop. The Owner shall construct a Transit Stop within the general location shown as a proposed Transit Stop on the Application Plan (the "Transit Stop"). The Transit Stop shall be designed and constructed in coordination with, and approval by the County Director of Community Development and Regional Transit Authority (if in place) and shall incorporate a shelter, including a rest bench, pedestrian access, and signage equal to or better than the current transit stops for Charlottesville Area Transit (CAT). The Transit Stop shall be installed and completed concurrently with the installation of surrounding roads and sidewalks within Block 1. The Transit Stop and above referenced features shall be dedicated to public use, or the Owner shall grant an easement as necessary to allow for the public access and usage of such faciI ities. F. Public Transit Operating Expenses. Within sixty (60) days of transit services to the Property having commenced by CAT, a regional transit authority, or other provider of transit service selected by the County, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County to be used for operating expenses relating to transit service to the Property; and Owner shall contribute Fifty Thousand Dollars ($50,000) to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer IF, shall not exceed Five Hundred Thousand Dollars ($500,000), The monetary contribution in years two (2) through ten (10) shall be paid by the anniversary date of the first contribution and each such contribution shall be conditioned upon transit service being provided to the Property during the twelve (12) month period prior to such contribution. G. Construction Traffic Management. The Owner shall establish Construction Entrances to the Property in locations as approved by the County and VDOT as part of the Erosion and Sediment Control PIan and Site PIan process. During the period in which all roads will be constructed within the Property (and until completion), construction traffic shall be required to use the Construction Entrances as designated in the approved Erosion and Sediment Control Plan. The Page 3 of 10 Owner shall prohibit such construction traffic from entering the Project via Ashwood Boulevard and Montgomery Ridge Road. Once the roads are completed and dedicated for public use the Owner shall no longer have the authority or responsibility to regulate traffic thereon. H. Road Improvements, Generally. The road improvements listed in paragraphs 1C and ID (the "Road Improvements")_above shall be constructed in accordance with road plans submitted by the Owner and approved by VDOT, and shall be dedicated to public use. All of the Road Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. I. Polo Grounds Road Railroad Overpass. Within ninety (90) days after the request by the County and the approval by VDOT, Owner shall cause to be installed, at Owners expense, a traffic signal at the Polo Grounds Road and Norfolk Southern Railroad Overpass. If, within ten (10) years after the date of issuance of the first (1st) CO for a single family dwelling within the Project, the County has not so requested, (or VDOT has not approved the traffic signal within that time period) the Owner shall be relieved of any obligation to install a traffic signal. 2. Trails, Parks and Civic Spaces. The Owner shall provide the following improvements within the property: A. Trail Network. A primitive trail network (the "Trail Network"), consistent with the County's design standards for a Class B- type 1 primitive nature trail, shall be established within the Greenway as described within the Code of Development. The general location of the Trail Network is shown on the Application Plan; however exact trail locations shall be determined by the Owner based on site conditions and in coordination with the County. Installation of the Trail Network shall commence concurrently with the site work for the first Block developed within the Project and the entire trail network shall be substantially completed prior to issuance of the five hundredth (500th) Permit for a dwelling (other than a Multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) within the Project. The Trail Network shall be determined to be substantially completed by the Albemarle County Engineer, or its designee. Upon written request by the County, but not prior to the issuance of the five hundredth (500th) Permit for a dwelling within the Project, the Owner shall dedicate to the County an easement for public use over the Greenway area, as shown on the Application Plan. Prior to the County's request to dedicate such easement, the Owner may dedicate portions of the Greenway by easement concurrently with one or more subdivision plats for areas lying adjacent to the Greenway; provided however, that Owner may reserve in such easements, rights of access for grading, utilities and maintenance. Each subdivision plat shall depict the Greenway area to be dedicated and shall bear a notation that the Greenway area is dedicated for public use. If, at the time the County requests dedication of the Greenway, any part of the Greenway that has not been dedicated by subdivision plat, shall be (within six (6) months of such request) at Owner's cost, surveyed, platted and recorded with one or more deeds of easement dedication. Pursuant to signage plan approval by the Rivanna Water and Sewer Authority (the "RWSA"), the Owner shall install signage along the Trail Network within the Dam Break Inundation Zone designating evacuation routes. Signage shall be installed as the Trail Network is established. B. Parks and Civic Spaces. The Owner shall provide not less than 3.2 acres of land within the Project for Parks and Civic Spaces as described in the Code of Development and generally shown on the Application Plan. Each Park or Civic Space shall be substantially completed prior to the issuance of the fortieth (40th) CO for a residential dwelling unit in the Block in which it is Page 4 of 10 located. Parks and Civic Spaces shall be conveyed to, and maintained by the Owner's Association. 3. Cash Proffer for Capital Improvements Pro'ects. A. The Owner shall contribute cash on a per "market -rate" dwelling unit basis in excess of the number of units that are allowed by right under the zoning in existence prior to the approval of this ZMA 2015-007 for the purposes of addressing the fiscal impacts of development on the County's public facilities and infrastructure, i.e., schools, public safety, libraries, parks and transportation. For the purposes of this Proffer 3, the number of units allowed by right under the R-1 Residential zoning is two hundred sixty-nine (269) single-family detached units. A "market rate" unit is any dwelling unit in the Project that is not either a For -Sale Affordable Housing Unit or For -Rent Affordable Unit as described in Proffer 4 ("Market bate Unit"). The cash contributions shall be Seven Thousand Three Hundred Thirty-three and 181100 Dollars ($7,333.18) for each single family detached Market Rate Unit, other than a constructed For -Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 4. In other words, the cash contribution for market rate single family units shall begin after the issuance of a CO for the 269th single family dwelling unit and prior to the issuance of a CO for the 270th single family dwelling unit. The cash contributions for each single family attached Market Rate Unit shall be Five Thousand Four Hundred and Forty-seven and 571100 Dollars ($5,447.57), other than a constructed For -Sale Affordable Housing Unit or a For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. The cash contributions for each multifamily Market Rate Unit shall be Seven Thousand Four Hundred Nineteen and 911100 Dollars ($7,419.91), other than a constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. 4. Affordable Housint. The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of residential units constructed on the Property. For example, if one thousand (1000) total units are constructed in the Project, one hundred fifty (150) units, or their equivalent, are required to be provided to satisfy this Proffer 4, subject to paragraph 4C. The Owner or its successors in interest reserve the right to meet the affordable housing objective through a variety of housing types, including but not limited to for sale units, rental units, accessory units and Carriage Units, ("Affordable Units") or through cash contributions, as more particularly described in sections 4A, 4B and 4C below. 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, and shall not exceed sixty-five percent (65%) of VHDA's Maximum Sales Price for first-time homebuyers. The Owner shall provide the County or its designee a period of one hundred twenty (120) days to identify and prequalify an eligible purchaser For -Sale Affordable Housing Units. The one hundred twenty (120) 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 ninety (90) 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 one hundred twenty (120) day period, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of Page 5 of 10 the purchaser(s). Carriage Units, as defined in the Code, shall not exceed twenty-five percent (25%) of the total Affordable Units. B. For -Rent Affordable Housing -Units, (1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks qualification for the purposes of this Proffer 4, ("For -Rent Affordable Housing Unit'�shall not exceed the then -current and applicable maximum net rent rate approved by the Albemarle County Housing Office, In each subsequent calendar year, the monthly net rent for each For -Rent Affordable Housing Unit may be increased up to three percent (31/6). For purpose of this Proffer 4B, the term "net rent" means that the rent does not include tenant -paid utilities. The requirement that the rents for such For -Rent Affordable Housing Units may not exceed the maximum rents established in this paragraph 4B 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 Housing 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 Housing Units during the Affordable Tenn shall contain language reciting that such unit is subject to the terms of paragraph 4B, In addition, all contracts pertaining to a conveyance of any For -Rent Affordable Housing Unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this paragraph 4B. At least thirty (30) days prior to the conveyance of any interest in any For -Rent Affordable Housing 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 paragraph 4B(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 Housing 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. C. _ Cash in lieu of Constructing Affordable Dwelling Units. In lieu of constructing For -Sale, or For -Rent Affordable Dwelling Units for fifteen percent (15%) of the total number of Units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty -Four Thousand and Three Hundred Seventy Five Dollars ($24,375.00) (the "Affordable Housing: Cash Proffer") for each such unit as follows: the Owner shall exercise the option to make, and thereby shall pay the Affordable Housing Cash Proffer to the County, if the Affordable Housing requirement has not been proportionally met otherwise, in four (4) installments; after an inspection and prior to the issuance of approval of a CO for each of the two hundredth (200th), five hundredth (500th), eight hundredth (800th), and one thousandth (I000th) dwelling unit within the Project. The total Cash in lieu contribution due to Albemarle County at each of the four (4) payment periods as noted above shall be calculated based on the total number of Certificates of Occupancy issued for Market Rate and Affordable Housing Units. Page 6 of 10 5. Cost Index. Beginning January I of each year following the approval of ZMA 2015-007, the amount of each cash contribution required by Proffers 3 and 4 (collectively, the "Cash Contributions" and individually "Cash Contribution") shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index for masonry walls in the Mid -Atlantic ("MSI"). The annual adjustment shall be made by multiplying the proffered Cash Contributions amount due for the preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the preceding calendar year, the denominator of which shall be the MSI as of December I in the year preceding the calendar year most recently ended (the "Annual Percentage Change"). By way of example, the first annual adjustment shall be $7,333.18 x 2017 MSI12016 MSI. Each annual adjustment shall be based on the amount of the proffered Cash Contribution due for the immediately preceding year based on the formula contained in this Proffer 5 (the amount derived from such formula shall be referred to hereinafter as the "Cash Contribution Due"), provided, however, in no event shall the Cash Contribution amount paid by the Owner be less than Seven Thousand Three Hundred Thirty-three 18/100 Dollars $7,333.18per single family detached Market Rate Unit and Five Thousand Four Hundred Forty-seven and 57/100 Dollars $5,447.57 per single family attached Market Rate Unit and Seven Thousand Four Hundred Nineteen and 91/00 Dollars $7,419.91 per multifamily Market Rate Unit under Proffer 3 or Twenty -Four Thousand and Three Hundred Seventy Five Dollars $24,375.00 per affordable dwelling unit under Proffer 4 (the "Minimum Cash Contribution"). The Annual Percentage Change shall be calculated each year using the Cash Contribution Due, even though it may be less than the Minimum Cash Contribution, HOWEVER, the amount paid by the Owner shall not be less than the Minimum Cash Contribution, For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. 6. Credit For In -Kind Contributions. Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash Contributions shall not commence until the number of units, to which such Cash Contributions apply have been completed that results in what would otherwise have been a total Cash Contribution equal to the total value of: i) the Elementary School Site, and related improvements to be completed by Owner, ii) the High School Site, hi) the Rio Mills Road Connection, iv) the Polo Grounds Road Improvements, v) Route 29 Intersection Improvements, vi) Ashwood Boulevard Connection, and vii) the Trail Network, (collectively referred to as the "In -kind Contribution,"). The In -Kind Contribution shall be $31,086,662.86. The In -kind Contribution reflects the value of the improvements that the Owner has committed to make in these proffers that are for the benefit of the public. In other words, the Owner shall not be required to pay any per unit Cash Contributions until the time of the issuance of the building permit for anew unit completed after applying a credit for the In -kind Contribution. In the event that the Project is completed prior to the balance of the In -kind Contribution being exhausted, any remaining balance of the In -kind Contribution may not be applied for any other project or development. 7. Elementary School Site. Within one year after written request by the County, but in no event earlier than one year after the date of issuance of the first (1 ') CO issued for a dwelling within the Project, the Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public elementary school of, as shown on Figure E: Brookhill School Sites Exhibit and labeled "Elementary School Site" (the "Elementary School Site"). The Elementary School site shall not be less than seven (7) acres, and shall abut a publicly -dedicated right of way. The Elementary School Site shall be a graded and compacted pad site with water, sewer and electricity utility connections constructed to the Page 7 of 10 edge of the parcel to accommodate an elementary school according to standards of the County School Division's Building Services Department. At the option of the County, and in lieu of the construction of a school, a public park may be established by the County on the Elementary School Site. 8. Public High School or Institutional Use Site. Within one year after written request by the County, the Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public high school, and/or such other use as the County may determine suitable, of not less than sixty (60) acres abutting a publicly -dedicated right of way, as shown on Figure E: Brookhill Schools Sites Exhibit and labeled "High School Site" (the "High School Site'). The High School Site shall be conveyed as -is, without any improvements or warranty as to suitability. 9. Historic Resources. A. National Register of Historic Places Eligibility. The existing Brookhill dwelling is eligible for the National Register of Historic Places. Owner shall address any adverse impact to this designation as part of the Section I06 Review under the National Historic Preservation Act of 1966 (NHPA), which is administered by the Virginia Department of Historic Resources (DHR). B. Cemetery Delineation_ Owner shall i) delineate any cemeteries encountered within the Project on the site plan or subdivision plat for the area to be developed which contains such cemetery or cemeteries, and ii) submit a treatment plan for any such cemetery for approval by the County Director of Community Development, or its designee at the plan or plat review. C. Greenway Area Woodlands Camp. There shall be no land disturbance by Owner or by any of its licensees, or successors of the Woodlands Camp located in the Greenway Area and identified in the Phase 1 Historic Resources Study for the Project. This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [Signature Pages to Follow] Page 8 of 10 WITNESS the following signature. OWNERS of Tax Map Parcel 04600-00-00-0ISA0: By: _ CHARLES R. H GH EmLk Date: d 2i? OWNERS of Tax Map Parcel 04600-00-00-01800. By: C IrlARLES R. I I H U S T E E Date: OWNER of Tax Map Parcel 04600-00-00-01 "0: CROCKETT CORPORATION, a Virginia corporation Ann O. Haugh, President Date: I o 12AI IC, OWNER of Tax Map Parcel 04600-00-00-01SB0: HORNE LAND CORPORATION, a Virginia corporation By: ct4-z-, 0. ! Ann n. Haugh, President Date: OWNER of Tax Map Parcel 04600-00-00-018D0: CRAFTQN CORPORATION, a Virginia corporation By: 0""" Co' 7�, Ann D. Haugh, President Date: /Q / a45 114 BROOKHILL INVESTMENTS, LLC, a Virginia limited liability company (Contract Purchaser) By: River Bend Management, Inc., Manager By: Alan R. Taylor, Presiden Date:" { 30581191_ Page 10 of 10 �.: PHASE I INTERSECTION IMPROVEMENTS ` r o 4 INTERSECTION i - w • CONSTRUCT (i) NEW WESTBOUND LEFT -TURN LANE ON POLO A GROUNDS ROAD WITH 375' OF STORAGE. ��' - cJ • EXTEN D WESTBOUND RIGHT- TURN !_ LANE ON POLO GROUNDS ROAD PHASE II INTERSECTION FROM 5o' OF STORAGE TO 200 OF IMPROVEMENTS STORAGE. • CONVERT RIO MILLS ROAD TO A RIGHT IN J RIGHT -OUT OPERATION. INTERSECTION 2 • CONSTRUCT A SOUTHBOUND ROADWAY, PROVIDING (i) LEFT -TURN AND (a) RIGHT -TURN LAN E. • CONSTRUCT AN EASTBOUND PHASE III ROADWAY LEFT -TURN LANE ON POLO _ IMPROVEMENTS ! GROUNDS ROAD WITH iso FEET OF - _ STORAGE =0 INTERSECTION 3 1 CONSTRUCT A RIGHT -IN / RIGHT-OU ROADWAY ENTRANCE TO ROUTE 29 r :y PHASE II ROADWAY IMPROVEMENTS CONSTRUCT NORTHBOUND RICH' TURN LANE ON US 29 WITH 2eo' OF PHASE I INTERSECTION ,. STORAGE. IMPROVEMENTS PHASE II INTERSECTION � � IMPROVEMENTS � A PHASE I ROADWAY IMPROVEMENTS f INTERSECTION 4--- ■ CONSTRUCT NORTHBOUND ROADWAY TO PROVIDE (i) LEFT TURN LANE & (x) RIGHT -TURN LANE r RESTRIPE PAINTED MEDIAN TO PHASE IV INTERSECTION PROVIDE WESTBOUND LEFT -TURN ��uCS �' , t IMPROVEMENTS i' k'' 1 LANE ON ASHWOOD BOULEVARD 44 OY A ray �.. !4 ,- WITH xoo' OF STORAGE. • RESTRIPE EASTBOUND ASHWOOD BOULEVARD APPROACH TO PROVIG (i) RIGHT -TURN LANE POLO GPOUNAS aoaD ,� PHASE IV INTERSECTION 00 $ + IMPROVEMENTS__._._-- .r INTERSECTION 5 ■ CONSTRUCT SOUTHBOUND '`- :`-"'i,, PHASE I INTERSECTION PHASE IV R ADWAY ROADWAY TO PROVIDE (i) LEFT - TURN LANE AND (3) RIGHT TURN MPROVEMENTS IMPROVEMENTS LANE - '" Rn, . �P • CONSTRUCT AN EASTBOUND LEFT- TURN LANE ON POLO GROUNDS -aq ROADWAY WITH iso' OF STORAGE. GUR BROOKHILL TRA F C PHASING PLAN Il CROSSING PROPOSED SALAMANDER CROSSING (3 TOTAL) p6Zo�R�UN� = QS po SALAMANDER TUNNEL RosSINt; NOTE. POLO GROUNDS ROADWAY AND LANE CONFIGURATION AS SHOWN IN THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. THI FINAL DESIGN AND LANE CONFIGURATIONS OF POLO GROUNDS ROADWAY IMPROVEMENTS WILL. BE IN ACCORDANCE WITH THE APPROVED TRAFFIC IMPACT ANALYSIS AND FINAL APPROVED BOAC CONSTRUCTION PLANS FOR THE ROADWAY IIJPRoVFMFNTS_ 2"INVERTED RETAINING ;=WALL "D CULVERT = HEAD WALL SYSTEM 1 0 FIGURE B: POLO GROUNDS ROAD SALAMANDER GROSSING EXHIBIT 1 eoo*per -0 0 a00 J,� t 1 v. r r;. PROPOSED PEDESTRIAN Lu I ' CR055-WALK EX E f EXISTING THE ARE A .. ' ' , ti Q,_- 7f2AlLWAY CO crlo TO } PRDP05� VDOT R T� 2g \ r Cf pNCRETE wAL IMPROVEMENTS -SW Pil�]r 1. �pROP05ED 5TREET'rEES ! j �A NG CONNECTOR OA PR OSED LANDS FF \ ! ' CO ISTING OF EVERQRE - 5 r ALO G CONNECTOR A �" PROPO56a;P IMIT } PATHWAY CON EO rill j1 i FIGURE C; ASHWOOD BOULEVARD CONNECTION EXHIBIT TMP46-i6 EM ANCMQUMff /./ TMP46-i4A TMP45-58 / ROCKYDALE CHARLOTTESVILLE PROPOSED ROAD CONNECTION QUARRY BETWEEN RIO MILLS ROAD AND / BERKMAR DRIVE TMP46-i8B f HORNS LAND CORPORATION i TMP46-i8B TMP4g-6o HORNELAND TMP46-i8D CORPORATION CRAFTON a� Q�PO CORPORATION G) i FINAL ALIGNMENT OF BERKMAR DRI(PER VDO 200%C CONSTRRUCTEDUCTION ION P7 fI (PER VDOT¢oo46 CONSTRUCTION PLANS) j . 7MP46a8D li CRAFTON CORPORATION i I FIGURE D: RIO MILLS ROAD ROADWAY CONNECTION o a o o o 0 a O a Q PROPOSED 6o+ ACRE HIGH SCHOOL SITE �b � L TMP46-18B HORNELAND QO ,� CORPORATION 1 QO O� �No'T r iay TMP46aK �.. CRAFFON I I CORPORATION PROPOSED 7 ACRE ELEMENTARY SCHOOL SITE FIGURE E: BROOKHILL SCHOOL SITES EXHIBIT Original Proffers Amendment _X Brookhill PROFFER STATEMENT Date: October 17, 2018 ZMA No. 2015-007 Brookhill Tax Map and Parcel Number(s): 04600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A0, 04600- 00-00-019B1, 04600-00-00-019B2, 04600-00-00-019B3, and 04600-00-00-019B4 Tax Map and Parcel Number(s) High School Site: 04600-00-00-018BO and 04600-00-00-018DO Owner(s) of Record: CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH; CHARLES R. HAUGH, & E. J. OGLESBY, JR., TRUSTEES; CROCKETT CORPORATION, a VIRGINIA CORPORATION; HORNE LAND CORPORATION, a VIRGINIA CORPORATION AND CRAFTON CORPORATION, a VIRGINIA CORPORATION Date of Proffer Signature: , 2018 Approximately 277.5 acres zoned NMD (Neighborhood Model District) CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH are the owners of Tax Map Parcel 04600-00-00-018A0; CHARLES R. HAUGH & E. J. OGLESBY, JR. TRUSTEES are the owners of Tax Map Parcel 04600-00-00-01800; and CROCKETT CORPORATION is the owner of Tax Map Parcels 04600-00-00-019A0, 04600-00-00-019111, 04600-00-00-019B2, 04600-00-00-019113, and 04600- 00-00-019B4; all of the owners of such parcels are referred to herein, collectively as the "Owner" and the parcels are referred to herein as the "Property". HORNE LAND CORPORATION is the owner of Tax Map Parcel 04600-00-00-018BO and CRAFTON CORPORATION is the owner of Tax Map Parcel 04600-00-00-018D0. The Property is the subject of the rezoning application identified by Albemarle County (the "County") as "ZMA 2015-007" for a project known as "Brookhill"(the "Project"), which includes the application plan prepared by Collins Engineering entitled, `Brookhill Neighborhood Model District (NMD) Application Plan," last revised September 16, 2016 (the "Application Plan"), a Code of Development entitled the `Brookhill Neighborhood Model Code of Development," last revised August 8, 2018 (the "Code of Development"). Capitalized terms, not otherwise defined in these Proffers, shall have the same definitions as set forth in either the Code of Development or the Application Plan. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the proposed rezoning, and the Owner acknowledges that the conditions are reasonable. 1. Transportation Improvements. A. Polo Grounds Road Improvements. Pursuant to road plans approved by the Virginia Department of Transportation ("VDOT"), the Owner shall construct all intersection and turn lane improvements, including improvements to the horizontal alignment, vertical alignment and cross- section of Polo Grounds Road ("Polo Grounds Road Improvements"). The Polo Grounds Road Improvements shall be completed in two phases. Owner shall begin construction of Phase I, as depicted on the Figure A, Brookhill Traffic Phasing Plan ("Traffic Phasing Plan"), prior to the issuance of a building permit ("Permit") for the first (1st) dwelling within the Project, and the Phase I Polo Grounds Road Improvements shall be substantially completed prior to issuance of either i) a Permit for the fiftieth (50t1i) dwelling (other than an Assisted Living, nursing home, rest home or convalescent facility) within the Project, or ii) a certificate of occupancy for any units within a multi -family dwelling within the Project. Phase IV, as depicted on the Traffic Phasing Plan, shall be completed prior to issuance of any Permit for a dwelling (other than a multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) within Blocks 14-18 of the Project. The Polo Grounds Road Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The Polo Grounds Road Improvements shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are substantially complete. Pursuant to approval by VDOT, Polo Grounds Road Improvements shall include salamander tunnels, shown conceptually in Figure B, ("Salamander Crossing Exhibit"). Maintenance of the salamander tunnels shall be the responsibility of the Owner, and a maintenance agreement shall be established and approved by VDOT during the VDOT review of the road plans for the Polo Grounds Road Improvements. B. Route 29 Intersection Improvements. Pursuant to road plans approved by VDOT, the Owner shall construct all intersection and turn lane improvements along Route 29, conceptually depicted on the Application Plan ("Route 29 Intersection Improvements"). The Route 29 Intersection Improvements shall be substantially completed prior to issuance of either i) a Permit for the fiftieth (50t1i) dwelling (other than an Assisted Living, nursing home, rest home or convalescent facility) within the Project or ii) a certificate of occupancy for any units within a multi -family dwelling within the Project. The Route 29 Intersection Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The Route 29 Intersection Improvements shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are substantially complete. C. Ashwood Boulevard Connection. Pursuant to road plans approved by VDOT and a temporary construction easement and maintenance agreement approved by the County, the Owner shall construct the Ashwood Boulevard Connection, as conceptually depicted with improvements and landscaping shown on Exhibit C, Ashwood Boulevard Connection ("Ashwood Boulevard Connection"). The Ashwood Boulevard Connection, which includes a pedestrian connection, shall be bonded prior to road plan approval and substantially completed prior to: i) the issuance of the five hundredth (500th) Permit for a dwelling (other than a multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) or ii) the issuance of the eight hundredth (800th) Permit for any dwelling type within the Project, whichever first occurs. In any event, Owner shall have completed the Ashwood Boulevard Connection prior to the completion of the western extension of Ashwood Boulevard to Berkmar Drive Extension. Until such time as the County determines to submit the Ashwood Boulevard Connection for public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and insurance of the Ashwood Boulevard Connection. The Owner shall submit a temporary construction easement and maintenance agreement that is acceptable to the County prior to approval of road plans for Phase I roadway improvements. The Owner's improvements shall be dedicated, together with the County -owned right-of-way at such time as the County determines to submit the Ashwood Boulevard Connection for public dedication. The Ashwood Boulevard Connection shall be determined to be substantially completed by: i) the Albemarle County Engineer, or its designee or Page 2 of 10 ii) when it is constructed, inspected and VDOT has accepted the Ashwood Connection for dedication, or iii) a VDOT official otherwise confirms that they are substantially complete. D. Rio Mills Road Connection. Within six (6) months after written request by the County, the Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public road connection from Rio Mills Road to the Berkmar Drive Extension in the approximate location shown on Exhibit D, Rio Mills Roadway Connection ("Rio Mills Road Connection"). E. Transit Stop. The Owner shall construct a Transit Stop within the general location shown as a proposed Transit Stop on the Application Plan (the "Transit Stop"). The Transit Stop shall be designed and constructed in coordination with, and approval by the County Director of Community Development and Regional Transit Authority (if in place) and shall incorporate a shelter, including a rest bench, pedestrian access, and signage equal to or better than the current transit stops for Charlottesville Area Transit (CAT). The Transit Stop shall be installed and completed concurrently with the installation of surrounding roads and sidewalks within Block 1. The Transit Stop and above referenced features shall be dedicated to public use, or the Owner shall grant an easement as necessary to allow for the public access and usage of such facilities. F. Public Transit Operating Expenses. Within sixty (60) days of transit services to the Property having commenced by CAT, a regional transit authority, or other provider of transit service selected by the County, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County to be used for operating expenses relating to transit service to the Property; and Owner shall contribute Fifty Thousand Dollars ($50,000) to the County each year thereafter for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer 1 G, shall not exceed Five Hundred Thousand Dollars ($500,000). The monetary contribution in years two (2) through ten (10) shall be paid by the anniversary date of the first contribution and each such contribution shall be conditioned upon transit service being provided to the Property during the twelve (12) month period prior to such contribution. G. Construction Traffic Mana ems. The Owner shall establish Construction Entrances to the Property in locations as approved by the County and VDOT as part of the Erosion and Sediment Control Plan and Site Plan process. During the period in which all roads will be constructed within the Property (and until completion), construction traffic shall be required to use the Construction Entrances as designated in the approved Erosion and Sediment Control Plan. The Owner shall prohibit such construction traffic from entering the Project via Ashwood Boulevard and Montgomery Ridge Road. Once the roads are completed and dedicated for public use the Owner shall no longer have the authority or responsibility to regulate traffic thereon. H. Road Improvements, Generally. The road improvements listed in paragraph IC (the "Road Improvements")_above shall be constructed in accordance with road plans submitted by the Owner and approved by VDOT, and shall be dedicated to public use. All of the Road Improvements shall be designed and constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric Design. I. Polo Grounds Road Railroad Overpass. Within ninety (90) days after the request by the County and the approval by VDOT, Owner shall cause to be installed, at Owners expense, a traffic signal at the Polo Grounds Road and Norfolk Southern Railroad Overpass. If, within ten (10) years after the date of issuance of the first (1 st) CO for a single-family dwelling within the Project, the County has not so requested, (or VDOT has not approved the traffic signal within that time period) the Owner shall be relieved of any obligation to install a traffic signal. Page 3 of 10 2. Trails, Parks and Civic Spaces. The Owner shall provide the following improvements within the property: A. Trail Network. A primitive trail network (the "Trail Network"), consistent with the County's design standards for a Class B- type 1 primitive nature trail, shall be established within the Greenway as described within the Code of Development. The general location of the Trail Network is shown on the Application Plan; however exact trail locations shall be determined by the Owner based on site conditions and in coordination with the County. Installation of the Trail Network shall commence concurrently with the site work for the first Block developed within the Project and the entire trail network shall be substantially completed prior to issuance of the five hundredth (500th) Permit for a dwelling (other than a Multi -family dwelling, Assisted Living, nursing home, rest home or convalescent facility) within the Project. The Trail Network shall be determined to be substantially completed by the Albemarle County Engineer, or its designee. Upon written request by the County, but not prior to the issuance of the five hundredth (500th) Permit for a dwelling within the Project, the Owner shall dedicate to the County an easement for public use over the Greenway area, as shown on the Application Plan. Prior to the County's request to dedicate such easement, the Owner may dedicate portions of the Greenway by easement concurrently with one or more subdivision plats for areas lying adjacent to the Greenway; provided however, that Owner may reserve in such easements, rights of access for grading, utilities and maintenance. Each subdivision plat shall depict the Greenway area to be dedicated and shall bear a notation that the Greenway area is dedicated for public use. If, at the time the County requests dedication of the Greenway, any part of the Greenway that has not been dedicated by subdivision plat, shall be (within six (6) months of such request) at Owner's cost, surveyed, platted and recorded with one or more deeds of easement dedication. Pursuant to signage plan approval by the Rivanna Water and Sewer Authority (the "RWSA"), the Owner shall install signage along the Trail Network within the Dam Break Inundation Zone designating evacuation routes. Signage shall be installed as the Trail Network is established. B. Parks and Civic Spaces. The Owner shall provide not less than 3.2 acres of land within the Project for Parks and Civic Spaces as described in the Code of Development and generally shown on the Application Plan. Each Park or Civic Space shall be substantially completed prior to the issuance of the fortieth (40th) CO for a residential dwelling unit in the Block in which it is located. Parks and Civic Spaces shall be conveyed to and maintained by the Owner's Association. 3. Cash Proffer for Capital Improvements Proiects. A. The Owner shall contribute cash on a per "market -rate" dwelling unit basis in excess of the number of units that are allowed by right under the zoning in existence prior to the approval of this ZMA 2015-007 for the purposes of addressing the fiscal impacts of development on the County's public facilities and infrastructure, i.e., schools, public safety, libraries, parks and transportation. For the purposes of this Proffer 3, the number of units allowed by right under the R-1 Residential zoning is two hundred sixty-nine (269) single-family detached units. A "market rate" unit is any dwelling unit in the Project that is not either a For -Sale Affordable Housing Unit or For -Rent Affordable Unit as described in Proffer 4 ("Market Rate Unit"). The cash contributions shall be Seven Thousand Three Hundred and Thirty-three and 18/100 Dollars ($7,333.18) for each single family detached Market Rate Unit, other than a constructed For -Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 4. In other words, the cash contribution for market rate single family units shall begin after the issuance of a CO for the 269th single family dwelling unit Page 4 of 10 and prior to the issuance of a CO for the 270th single family dwelling unit. The cash contributions for each single family attached Market Rate Unit shall be Five Thousand Four Hundred and Forty- seven and 57/100 Dollars ($5,447.57), other than a constructed For -Sale Affordable Housing Unit or a For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. The cash contributions for each multifamily Market Rate Unit shall be Seven Thousand Four Hundred Nineteen and 91/100 Dollars ($7,419.91), other than a constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. 4. Affordable Housing. The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of residential units constructed on the Property. For example, if one thousand (1000) total units are constructed in the Project, one hundred fifty (150) units, or their equivalent, are required to be provided to satisfy this Proffer 4, subject to paragraph 4C. The Owner or its successors in interest reserve the right to meet the affordable housing objective through a variety of housing types, including but not limited to for sale units, rental units, accessory units and Carriage Units, ("Affordable Units") or through cash contributions, as more particularly described in sections 4A, 4B and 4C below. 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, and shall not exceed sixty-five percent (65%) of VHDA's Maximum Sales Price for first-time homebuyers. The Owner shall provide the County or its designee a period of one hundred twenty (120) days to identify and prequalify an eligible purchaser For -Sale Affordable Housing Units. The one hundred twenty (120) 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 ninety (90) 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 one hundred twenty (120) 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). Carriage Units, as defined in the Code, shall not exceed twenty-five percent (25%) of the total Affordable Units. B. For -Rent Affordable Housing Units. (1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks qualification for the purposes of this Proffer 4, ("For -Rent Affordable Housing Unit") shall not exceed the then -current and applicable maximum net rent rate approved by the Albemarle County Housing Office. In each subsequent calendar year, the monthly net rent for each For -Rent Affordable Housing Unit may be increased up to three percent (3%). For purpose of this Proffer 4B, the term "net rent" means that the rent does not include tenant -paid utilities. The requirement that the rents for such for -rents for such For -Rent Affordable Housing Units may not exceed the maximum rents established in this paragraph 4B 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 Housing 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"). Page 5 of 10 (2) Conveyance of Interest. All deeds conveying any interest in the For -Rent Affordable Housing Units during the Affordable Term shall contain language reciting that such unit is subject to the terms of paragraph 4B. In addition, all contracts pertaining to a conveyance of any For -Rent Affordable Housing Unit, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this paragraph 4B. At least thirty (30) days prior to the conveyance of any interest in any For -Rent Affordable Housing 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 paragraph 4B(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 Housing 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. C. Cash in lieu of Constructing? Affordable Dwelling_ Units. In lieu of constructing For -Sale, or For -Rent Affordable Dwelling Units for fifteen percent (15%) of the total number of Units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of Twenty -Four Thousand and Three Hundred Seventy Five Dollars ($24,375.00) (the "Affordable Housing Cash Proffer") for each such unit as follows: the Owner shall exercise the option to make, and thereby shall pay the Affordable Housing Cash Proffer to the County, if the Affordable Housing requirement has not been proportionally met otherwise, in four (4) installments; after an inspection and prior to the issuance of approval of a CO for each of the two hundredth (200th), five hundredth (500th), eight hundredth (800th), and one thousandth (1000th) dwelling unit within the Project. The total Cash in lieu contribution due to Albemarle County at each of the four (4) payment periods as noted above shall be calculated based on the total number of Certificates of Occupancy issued for Market Rate and Affordable Housing Units. 5. Cost Index. Beginning January 1 of each year following the approval of ZMA 2015-007, the amount of each cash contribution required by Proffers 3 and 4 (collectively, the "Cash Contributions" and individually "Cash Contribution") shall be adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index for masonry walls in the Mid -Atlantic ("MSI"). The annual adjustment shall be made by multiplying the proffered Cash Contributions amount due for the preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the preceding calendar year, the denominator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently ended (the "Annual Percentage Change"). By way of example, the first annual adjustment shall be $7,333.18 x 2017 MSU2016 MSI. Each annual adjustment shall be based on the amount of the proffered Cash Contribution due for the immediately preceding year based on the formula contained in this Proffer 5 (the amount derived from such formula shall be referred to hereinafter as the "Cash Contribution Due"), provided, however, in no event shall the Cash Contribution amount paid by the Owner be less than Seven Thousand Three Hundred Thirty-three and 18/100 Dollars $7,333.18 per single family detached Market Rate Unit and Five Thousand Four Hundred Forty-seven and 57/100 Dollars $5,447.57 per single family attached Market Rate Unit and Seven Thousand Four Hundred Nineteen and 91/100 Dollars $7,419.91 per multifamily Market Rate Unit under Proffer 3 or Twenty -Four Thousand and Three Hundred Seventy Five Dollars $24,375.00 per affordable dwelling unit under Proffer 4 (the "Minimum Page 6 of 10 Cash Contribution"). The Annual Percentage Change shall be calculated each year using the Cash Contribution Due, even though it may be less than the Minimum Cash Contribution, HOWEVER, the amount paid by the Owner shall not be less than the Minimum Cash Contribution. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year. 6. Credit For In -Kind Contributions. Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash Contributions shall not commence until the number of units, to which such Cash Contributions apply have been completed that results in what would otherwise have been a total Cash Contribution equal to the total value of: i) the Elementary School Site, and related improvements to be completed by Owner, ii) the High School Site, iii) the Rio Mills Road Connection, iv) the Polo Grounds Road Improvements, v) Route 29 Intersection Improvements, vi) Ashwood Boulevard Connection, and vii) the Trail Network, (collectively referred to as the "In -kind Contribution"). The In -Kind Contribution amount shall be $28,336,662.00. The In -kind Contribution reflects the value of the improvements that the Owner has committed to make in these proffers that are for the benefit of the public. In other words, the Owner shall not be required to pay any per unit Cash Contributions until the time of the issuance of the building permit for a new unit completed after applying a credit for the In -kind Contribution. In the event that the Project is completed prior to the balance of the In -kind Contribution being exhausted, any remaining balance of the In -kind Contribution may not be applied for any other project or development. The In -Kind Contribution shall be adjusted annually pursuant to the cost index formula established in Proffer 5, with requirement that the In -Kind Contribution amount shall never be less than $28,336,662.00. 7. Elementary School Site. Within one year after written request by the County, but in no event earlier than one year after the date of issuance of the first (1St) CO issued for a dwelling within the Project, the Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public elementary school of, as shown on Figure E: Brookhill School Sites Exhibit and labeled "Elementary School Site" (the " Elementary School Site"). The Elementary School site shall not be less than seven (7) acres, and shall abut a publicly -dedicated right of way. The Elementary School Site shall be a graded and compacted pad site with water, sewer and electricity utility connections constructed to the edge of the parcel to accommodate an elementary school according to standards of the County School Division's Building Services Department. At the option of the County, and in lieu of the construction of a school, a public park may be established by the County on the Elementary School Site. 8. Public High School or Institutional Use Site. Within one year after written request by the County, the Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a public high school, and/or such other use as the County may determine suitable, of approximately fifty (50) acres abutting a publicly - dedicated right of way, as shown on Figure E: Brookhill Schools Sites Exhibit and labeled "High School Site" (the "High School Site"). The High School Site shall be conveyed as -is, without any improvements or warranty as to suitability. 9. Historic Resources. Page 7 of 10 A. National Register of Historic Places Eligibility. The existing Brookhill dwelling is eligible for the National Register of Historic Places. Owner shall address any adverse impact to this designation as part of the Section 106 Review under the National Historic Preservation Act of 1966 (NHPA), which is administered by the Virginia Department of Historic Resources (DHR). B. Cemetery Delineation. Owner shall i) delineate any cemeteries encountered within the Project on the site plan or subdivision plat for the area to be developed which contains such cemetery or cemeteries, and ii) submit a treatment plan for any such cemetery for approval by the County Director of Community Development, or its designee at the plan or plat review. C. Greenway Area Woodlands Camp. There shall be no land disturbance by Owner or by any of its licensees, or successors of the Woodlands Camp located in the Greenway Area and identified in the Phase I Historic Resources Study for the Project. This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Page 8 of 10 WITNESS the following signature: OWNERS of Tax Map Parcel 04600-00-00-018A0: Im CHARLES R. HAUGH By: ELIZABETH ANN OGLESBY HAUGH Date: OWNERS of Tax Map Parcel 04600-00-00-01800: By: CHARLES R. HAUGH, TRUSTEE By: E. J. OGLESBY, JR., TRUSTEE Date: OWNER of Tax Map Parcel 04600-00-00-01900: CROCKETT CORPORATION, a Virginia corporation By: Charles R. Haugh, its President Date: OWNER of Tax Map Parcel 04600-00-00-018B0: HORNE LAND CORPORATION, a Virginia corporation By: Its President Date: Page 9 of 10 OWNER of Tax Map Parcel 04600-00-00-018D0: CRAFTON CORPORATION, a Virginia corporation Its President Date: BROOKHILL INVESTMENTS, LLC, a Virginia limited liability company (Contract Purchaser) Manager Date: 36824136_2 Page 10 of 10 Staff Summary of Brookhill Proffer Revisions Proposed in ZMA201800011 Proffer #1 D — Rio Mills Road Connection — this proffer requires the developer to construct an offsite transportation improvement project identified as the "Rio Mills Connector road." This is a proposed public road that will connect Berkmar Drive to Rio Mills Road (S.R. 643). The original proffer included a timing restriction stating that the Rio Mills Connector road must be completed prior to the issuance of the 200th Certificate of Occupancy (CO) for a dwelling unit other than a multifamily unit within Brookhill. In 2017, VDOT obtained approval and funding through a Smart Scale application to complete the Rio Mills Connector road as a public transportation improvement project. VDOT has informed County staff and the developer that the Rio Mills Connector road will be finished by 2023 at the latest, but could be completed as early as 2020. Now that VDOT is taking over design and construction of the Rio Mills Connector road, the developer will not be able to 1) build the road as originally specified, and 2) the developer will likely need the 200th CO prior to VDOT completing the road construction. The developer will still dedicate the necessary right of way to accommodate the Rio Mills Connector road as specified in the original proffer statement. The draft proffer statement revision has removed the language specifying that the developer is responsible for the actual road construction. The limitation on issuance of COs for dwellings within the development is also proposed to be removed. This is because the developer will likely be requesting the 200th CO sometime prior to 2023. Proffer #6 — Credit for in Kind Contributions - this proffer gives the developer a credit for the value of in -kind contributions they are required to complete by other proffers. The original value is an estimated total cost for off - site road improvement projects and land dedications specified elsewhere in the proffers. The credit is intended to delay the timing for when the developer must start paying cash contributions to the County on a per dwelling unit basis, as specified by Proffers #3 and #4. The original value of the credit is $31,086,662.86. The revision to Proffer #6 will reduce the total value of the credit for in -kind contributions available to the developer by removing reference to the Rio Mills Connector road. Since the developer will not be constructing the road, they have acknowledged that they should not be receiving credit for completion of that improvement. The revisions to Proffer #6 proposes to remove reference to the Rio Mills Connector road and also reduce the value of the in -kind contribution credit to $28,336,662.00. Thus, the developer will be obligated to begin paying cash contributions to the County on a per dwelling unit basis sooner than originally anticipated, in accordance with Proffers #3 and #4. Proffer #8 — Public High School or Institutional Use Site - this proffer requires the developer to dedicate in fee simple a site measuring a minimum of 60 acres to the County for a future public high school. The proffer states that the site may be used for "other institutional uses" if the school system determines that a new high school is not needed at this location. The extension of Berkmar Drive was not completed by VDOT when the original Brookhill rezoning was approved. The public school site identified in Exhibit E of the original proffer statement now overlaps with a portion of the existing Berkmar Drive right-of-way. Additionally, the proposed Rio Mills Connector road will also be constructed within a portion of the parcel originally identified as the 60 acre high school site. VDOT has conducted thorough survey work over the past few months and has informed the developer that there will only be approximately 50 acres available for the high school site once the Rio Mills Connector Road is built. Therefore, the applicant is requesting to reduce the minimum site acreage for the high school from 60 acres to approximately 50 acres.