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Home My WebLink AboutZMA201900004 Proffers Zoning Map Amendment 2019-11-18PROFFER STATEMENT ZMA No. 2019- Original Proffers X Amendment Tax Map and Parcel Number(s): 09400-00-00-OOIAO, 09400-00-00-00500, 09400-00-00-00600, 09400-00-00- 00800, 09400-00-00-008AO, 09400-00-00-04800, 09400-00-00-048AO, and 09400-00-00-008CO (portion) Owner(s) of Record: BREEZY HILL AT KESWICK LLC; KIMCO LC; LUPOS LLC; and HAWKINS CLARENCE M OR BEATRICE B Date of Proffer Signature: 84+/- acres to be rezoned from RA to R-4 Breezy Hill at Keswick LLC, Kimco LC, Lupos, LC, and Clarence M or Beatrice B Hawkins are the owners of (the "Owner" or "Owners") of Tax Map and Parcel Numbers 09400-00-00-00 1 AO, 09400-00-00-00500, 09400- 00-00-00600, 09400-00-00-00800, 09400-00-00-008AO, 09400-00-00-04800, 09400-00-00-048AO, and 09400- 00-00-008CO (portion) (the "Property") which is the subject of rezoning application ZMA No. , a project known as "Breezy Hill" (the "Project"). 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 requested rezoning and the Owner acknowledges that the conditions are reasonable. 1. Proffered Plan: Improvements to the Property shall be in general accord with the "Breezy Hill Rezoning General Development Plan" ("Plan") dated , which shows a conceptual layout for the development of the Property. Major Elements of the plan include: a) Primary vehicular connection point at 250; b) Emergency vehicle access point at Running Deer Drive; c) Future vehicular and/or pedestrian connection points to the west toward Carroll Creek; d) Road typologies e) Approximate delineations between blocks and housing densities/typologies assigned to each block; f) Approximate trail, multi -use path, and pedestrian network locations and typologies; g) Approximate locations and sizes of Open Space, buffer, and Conservation Areas; h) Density limit 2. Transportation/Transit: a. The Owner shall design and install, with input and approval from VDOT, signal timing and coordination improvements to the Route 250 corridor that improve the flow of traffic on Route 250 at the intersections Route 729 (N. Milton Rd) and Route 22 (Louisa Rd). Signal timing and coordination improvements shall be designed to improve the "volume to capacity ratio," as identified in the Village of Rivanna Master Plan, to the greatest extent feasible, as directed by VDOT, using the signal equipment existing at each intersection at the time this proffer is implemented. b. Prior to the issuance of the tenth (loth) Certificate of Occupancy in Breezy Hill or upon commencement of fixed -route transit services to the Village of Rivanna by JAUNT, CAT, or a regional transit authority, whichever occurs later, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County to be used for operating expenses relating to fixed -route transit service to the Village of Rivanna or the operating expenses of a comprehensive transit service that serves the Village of Rivanna as part of a larger system serving the US Route 250 corridor. Thereafter the Owner shall contribute Fifty Thousand Dollars ($50,000) to the County each year for a period of nine (9) additional years, such that the cash contributed to the County pursuant to this proffer 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 on fixed -route transit service being provided to the Village of Rivanna during the twelve (12) month period prior to such contribution. This proffer shall automatically expire and be void on the ninth (0) anniversary of the issuance of the tenth (1 Oth) Certificate of Occupancy in Breezy Hill. 3. Affordable Housing: The Owner shall provide affordable housing equal to fifteen percent (15%) of the total residential units constructed on the Property as provided under Proffer 3a or 4b: a. Cash Proffer: In lieu of constructing affordable dwelling units "Affordable Units" for fifteen percent (15%) of the total number of Units, the Owner has the option to make a cash contribution to Albemarle County, Piedmont Housing Alliance, Habitat for Humanity, or another local non-profit affordable housing provider in the amount of Twenty One Thousand One Hundred Twenty Five Dollars ($21,125.00) (the "Affordable Housing Cash Proffer") for each such cash -in -lieu -of -construction unit prior to the issuance of a Certificate of Occupancy for that Unit. The Owners total cash contribution will be between $0 Dollars (if all proffered Affordable Units are constructed within the Project) and $507,000 (if zero Affordable Units are constructed within the Project. b. For -sale Units: The Owner maintains the right to construct and sell all or a portion of the Affordable Units within the Property. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed in the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s) as applicable. Affordability; Credit Thresholds: For the purposes of this Proffer 4(b), "affordable housing" shall mean units affordable to households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that housing costs consisting of principal, interest, real estate taxes, and homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income. ii. Sale of Affordable Units: All purchasers of the for -sale affordable units shall be approved by the Albemarle County Housing Office or its designee (the "Housing Office"). If the Owner has not identified a purchaser and received approval for sale of the Unit to such purchaser from the Housing Office, the Owner shall provide the Housing Office a period of 180 days to identify and approve an eligible purchaser for such affordable unit. The 180-day qualification period shall commence upon written notice from the Owner to the Housing Office of the approximate date the unit is expected to receive a Certificate of Occupancy from the County (the "Notice"). Such Notice shall be given no more than 180 days prior to the expected issuance of the Certificate of Occupancy. Nothing in this Proffer shall prohibit the Owner from identifying an eligible purchaser during the 180-day qualification period. If, during the 180-day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a qualified purchaser fails to execute a purchase contract for an Affordable Unit, then, in either case, the Owner shall have the right to sell the unit without any restriction on sales price or income of the purchaser, and such unit shall be counted toward the satisfaction of this Proffer 4(b). This Proffer 4(b) shall only apply to the first sale of each of the for -sale affordable units. For Rent Units: The Owner maintains the right to construct and rent all or a portion of the Affordable Units within the Property. The Owner shall convey the responsibility of initially constructing and renting the affordable units to any subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or developer(s) shall succeed in the duties of the Owner under this Proffer 4, and the term "Owner" shall refer to such subsequent owner(s) and/or developer(s) as applicable. i. Affordability; Credit Thresholds: For the purposes of this Proffer 4(c), "affordable housing" shall mean units affordable for rent by households with incomes less than eighty percent (80%) of the area median income (as determined from time to time by the Albemarle County Office of Housing) such that rent payments do not exceed thirty percent (30%) of the gross household income. ii. Rental of Affordable Units: All renters of the for -rent affordable units shall be approved by the Albemarle County Housing Office or its designee (the "Housing Office"). Maximum rental amounts to be charged shall be set such that they satisfy Proffer 4(c)(i), and shall be adjusted annually to account for changes in the area median income. d. Tracking: Each subdivision plat and site plan for land within the Property shall designate lots or units, as applicable, that will, subject to the terms and conditions of this Proffer 4, satisfy the requirements of this Proffer 4. Such subdivision plat(s) or site plan(s) shall not be required to identify the method by which this Proffer 4 will be satisfied (i.e. 4(a), 4(b), or 4(c)). The aggregate number of such lots or units designated for affordable units within each subdivision plat or site plan shall constitute a minimum of fifteen percent (15%) of the lots or units in such subdivision plat or site plan. The Owner, at the Owner's option, may accelerate the provision of affordable units ahead of the minimum 15% minimum requirement and shall be entitled to receive credit on future subdivision plat(s) or site plan(s) for any such units provided beyond the 15% minimum requirement. 4. Cost Index: Beginning January 1, 2022, the amount of each cash contribution required by Proffer 3 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 ("MSI"). The annual adjustment shall be made by multiplying the proffered cash contribution amount due for the preceding year by a fraction, the numerator of which shall be the MSI as of December I 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"0. By way of example, the first annual adjustment shall be $21,125 x 2022 MSI/2021 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"). For any cash contribution that is being paid in increments, the incremental payments shall be correspondingly adjusted each year. 5. Counterparts: This Proffer Statement may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. OWNERS Owner signatures to be provided, after blanks are completed, after County Attorney review, and prior to Public Hearing by the Board of Supervisors. [INSERT NAME BY WHICH LAND IS OWNED] [SIGNATURE IF LAND IS OWNED BY ONE OR MORE ENTITIES; EACH OWNER OF RECORD MUST SIGN THE PROFFERS] OWNER By: [INSERT OF PERSON SIGNING ON BEHALF OF ENTITY THAT OWNS THE LAND] Title: [INSERT TITLE OF PERSON SIGNING ON BEHALF OF ENTITY] [INSERT NAME OF ENTITY BY WHICH LAND IS OWNED]