HomeMy WebLinkAboutZMA201900004 Proffers Zoning Map Amendment 2020-06-05PROFFER STATEMENT
ZMA No.
Original Proffers X.
Amendment
Tax Map and Parcel Number(s): 09400-00-00-001A0, 09400-00-00-00500, 09400-00-00-00600, 09400-00-00-
00800, 09400-00-00-008A0, 09400-00-00-04800, 09400-00-00-048A0, 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 09400-00-00-001A0, 09400-00-00-00500, 09400-
00-00-00600, 09400-00-00-00800, 09400-00-00-008A0, 09400-00-00-04800, 09400-00-00-048A0, 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 typologies assigned to each block;
f) Approximate trail, multi -use path, and pedestrian network locations and typologies;
g) Approximate locations and sizes of Blocks, Open Space, buffer, and Conservation Areas;
h) Density limit
2. Transportation/Transit:
Intersection Improvements: Prior to issuance of the first (1st) Certificate of Occupancy 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). Signals shall be upgraded to the
ASTPM platform using the existing signal equipment at each intersection, as well as new radio
communications, controllers, and equipment as necessary to achieve optimal performance.
3. Cash Proffer for Transportation and/or Schools:
Prior to the issuance of the tenth (10th) Certificate of Occupancy in Breezy Hill the Owner shall
contribute Five Hundred Thousand Dollars ($500,000) to the County of Albemarle to be used for
transportation, transit, or school capital projects that the County determines will directly benefit the
residents of the Village of Rivanna.
4. 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 4a, 4b, or 4c:
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.
i. 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.
c. 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.
Cost Index: Beginning January 1, 2023, 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 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"0. By way of example, the first annual adjustment shall be $21,125 x
2022 MSP2021 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.
6. 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.
CI]V%I 1M-1
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]
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