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ACTIONS
Board of Supervisors Meeting of November 14, 2007
November 19, 2007
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 3:30 p.m., by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan, and Meagan Hoy.
2. Work Session: Five Year Financial Plan.
• HELD.
• DIRECTED staff to check the VRS rates in the
latest VML Newsletter, to bring back how the
Governmental CPI compares to the projected
figure used by Albemarle County, and
DISCUSSED various assumptions in the 5 year
financial plan. Scheduled further discussion for
December 12, 2007.
County Executive/OMB: Proceed as directed.
4. Recess.
• At 5:37 p.m., the Board went into closed session
under subsection (7) to consult with legal counsel
and staff regarding specific matters requiring
legal advice relating to an interjurisdictional
agreement.
5. Call to Order.
• Meeting was called back to order at 6:08 p.m., by
the Chairman, Mr. Boyd.
NonAgenda.
• Motion was immediately offered to certify the
Closed Session which passed by a vote of 6:0.
NonAgenda.
• ADOPTED Resolution supporting YMCA facility.
Clerk: Forward copy of signed resolution to
City of Charlottesville and YMCA.
(Attachment 1)
8. From the Board: Matters Not Listed on the Agenda.
Ken Boyd:
• Suggested drafting letter from Board to State
Legislators requesting they consider limiting
interest percentage charged for pay day loans.
Consensus of Board to support.
County Executive’s office: Research issue
and draft letter for Chairman’s signature.
9. From the Public: Matters not Listed on the Agenda.
• Rosia Parker, member of Transformation
Ministries, First Baptist Church, a member of
IMPACT, asked the Board to include in its budget
for next year funds to address affordable housing
needs in the community.
• John Giuliano expressed concerns about an
additional tower installed on John Adams
property in the County. Discussed potential
health concerns caused by radiation exposure to
cell towers. (Dennis Rooker asked staff to see if
the tower violates the County’s Ordinance.)
• John Martin, a resident of Free Union, requested
that County staff be involved in the cost-sharing
negotiations between the City and County for
future water supply.
Amelia McCulley: Determine if tower violates
County ordinance.
11. SP-2006-0031. Glen Oaks Stream Crossing. Clerk: Set out conditions of approval.
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• APPROVED SP-2007-0031, by a vote of 6:0,
subject to the four conditions recommended by
the Planning Commission and a 5th condition
added at the Board meeting.
(Attachment 2)
12. ZMA-2006- 016. Glenmore Section K2, Leake
Property.
• APPROVED ZMA-2006-016, by a vote of 6:0, as
proffered dated November 14, 2007, signed
November 13, 2007, and the Application Plan dated
November 14, 2007.
Clerk: Set out applicant’s proffers.
(Attachment 3)
13. SP-2007-0026. Crozet Station.
• APPROVED SP-2007-0026, by a vote of 6:0,
subject to the eight conditions recommended by
the Planning Commission and modified at the
Board meeting.
Clerk: Set out conditions of approval.
(Attachment 2)
14. ZMA-2007- 005. Avon Park II.
• APPROVED ZMA-2007-005, by a vote of 6:0, as
proffered dated November 2, 2007 and application
plan last revised October 19, 2007.
Clerk: Set out applicant’s proffers.
(Attachment 4)
15. ZMA-2007- 012. Blue Ridge Cohousing.
• APPROVED ZMA-2007-012, by a vote of 5:1, as
proffered dated November 14, 2007 and application
plan dated October 19, 2007 which reflects waiver
of building separation requirements of Section 19.8.
• APPROVED, by a vote of 5:1, the private street
request for Park View Drive, waivers of Sections 14-
410 H regarding curb/gutter requirements for Park
View Drive and waivers of Sections 14-422 A & D
regarding the planting strip and sidewalk
requirements for Park View Drive.
• SET, by a vote of 6:0, public hearing on a request to
amend the jurisdictional areas of the Albemarle
County Service Authority to allow water and sewer
service on this property for January 9, 2008.
Clerk: Set out applicant’s proffers.
(Attachment 5)
Clerk: Advertise and schedule public hearing
on January 9th agenda.
16. From the Board: Committee Reports.
Dennis Rooker:
• Provided Board members with copies of
materials he collected from various sessions at
the recent VACo meeting.
Ken Boyd:
• Attended a session on Cool Counties at the
VACo meeting. He will forward to Mr. Tucker
materials on what other counties are doing.
(Dennis Rooker stated that he would be making a
motion to adopt a Cool Counties resolution at the
next Board meeting.)
Sally Thomas:
• Discussed City Council’s November 19, 2007
meeting in which they will be discussing the
community’s future water supply.
17. Adjourn to Tuesday, November 27, 2007, 12:00
noon, Room 235, Joint Meeting with Legislators.
• The meeting was adjourned at 10:17 p.m.
ewj/mrh
Attachment 1 – YMCA Resolution
Attachment 2 – Conditions of Approval on Planning items
Attachment 3 – Proffers – ZMA-2006-016. Glenmore Section K2, Leake Property
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Attachment 4 – Proffers - ZMA-2007-005. Avon Park II
Attachment 5 – Proffers – ZMA-2007-012. Blue Ridge CoHousing
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Attachment 1
RESOLUTION ENDORSING
YMCA FACILITY
BE IT RESOLVED that the Albemarle County Board of Supervisors hereby supports a YMCA
facility at either the Piedmont Virginia Community College or McIntire Park site subject to an acceptable
agreement; and
BE IT FURTHER RESOLVED, that the Board of Supervisors intends to allocate funds from its
Capital Improvements Program (CIP) that could be spent on a facility at either location; and
BE IT FURTHER RESOLVED, that the Board of Supervisors looks forward to working
collaboratively and cooperatively with the City of Charlottesville and the YMCA in pursuant of this worthy
undertaking.
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Attachment 2
CONDITIONS OF APPROVAL
PROJECT: SP-2006-0031. Glen Oaks Stream Crossing.
1) The stream crossing shall be built in general accord with the plan titled “SP 06-031 Application
Plan,” revised “Aug. 01, 2007,” and prepared by Roudabush, Gale, & Associates, Inc.;
2) Any subdivision on the portion of the property designated as Rural Areas in the Comprehensive
Plan shall be designed in general accord with the plan titled Glenoaks, dated “8/1/07”, and
prepared by “kg Associates.” The development lots east of Limestone Creek and Lot 26 shall be
developed as a Rural Preservation Development in accord with Section 10.3.3.3 of the Zoning
Ordinance, with Lot 26 as the preservation tract. As part of the same subdivision, the applicant
shall convey to the County a portion of Lot 10 (whose boundaries are approved by the Parks and
Recreation department) for use as a greenway;
3) The dam shall allow for a continuation of the base flow in the stream; and
4) The following conditions shall be met prior to issuance of a grading permit to allow installation of
the stream crossing or submittal of the final subdivision plat, whichever comes first:
a) The applicant must obtain a map revision, letter of revision, or letter of amendment as
required from the Federal Emergency Management Agency (FEMA) and copy the County
Engineer on all correspondence between the applicant and FEMA;
b) County approval of an erosion and sediment control plan for the stream crossing;
c) County approval of the final lane configuration over the stream crossing with the final
road plans;
d) Natural Resources Manager approval of a stream buffer mitigation plan in general accord
with the conceptual plan shown on the plan titled “SP 06-031 Application Plan,” revised
“Aug. 01, 2007,” and prepared by Roudabush, Gale, & Associates, Inc;
e) County approval of final design plans and hydrologic/hydraulic computations for the
stream crossing;
f) Army Corp of Engineers, Virginia Department of Environmental Quality, and other
necessary state and federal agency approvals must be obtained prior to issuance of
grading permits; and
g) Approval of the final design of the dam by the Department of Conservation and
Recreation, as necessary.
5) Prior to final plat approval of the private road across the creek, there shall be a private road
maintenance agreement that includes provisions for maintenance, repair and future replacement
of the dam, when necessary, in a form acceptable to the County as approved by the County
Attorney. All costs of this maintenance or repair agreement shall be privately funded. The
landowner’s private responsibility for dam maintenance or repair shall be stated in every deed
transferring ownership of the lots served by this crossing in a statement approved in form and
content by the County Attorney. The County shall not be responsible for any costs of the
maintenance, repair or future replacement of the private road or dam.
__________
PROJECT: SP-2007-0026. Crozet Station.
1. Development shall be in general accord with the concept plan entitled, “Crozet Station, prepared
by Atwood Architects, Inc. dated May 23, 2007 and last revised November 14, 2007”, Sheet A/O
and Sheets SP1-SP5;
2. The final site plan shall not be approved until the applicant has provided evidence that an
easement has been executed to provide inter-parcel access to the property to the east;
3. There shall be no disturbance of the stream buffer;
4. Affordable and moderately-priced housing shall be provided as follows:
A. Affordable housing units. The Owner shall provide five (5) residential dwelling units as
affordable housing for sale. The five (5) units shall be comprised of one (1) or more of the
following unit types: single-family attached housing or multi-family condominiums. The
Owner or his successor in interest reserves the right to achieve the five (5) affordable
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units in a variety of ways, utilizing the above mentioned unit types alone or in combination
as outlined below. The first subdivision plat or site plan for the Property shall designate
the five (5) lots or units, as applicable, subject to the terms and conditions of this
condition, that will be the affordable units as described herein. The Owner shall convey
the responsibility of constructing the affordable units to any subsequent purchaser of the
subject property. The current Owner or subsequent Owner shall create units affordable
to households with incomes less than eighty percent (80%) of the area median
income, such that housing costs consisting of principal, interest, real estate taxes and
homeowner's insurance (PITI) do not exceed thirty percent (30%) of the gross household
income, provided, however, that in no event shall the selling price of such affordable units
be more than sixty-five percent (65%) of the applicable Virginia Housing Development
Authority (VHDA) sales price/loan limits for VHDA’s first-time homebuyer
programs, provided that the selling price shall not be required to be less than One
Hundred Ninety Thousand Four Hundred Dollars ($190,400) at the beginning of the
ninety (90) day identification and qualification period referenced below. The Owner or his
successor in interest may provide down payment assistance in the form of secondary
financing to reduce the costs to the homebuyer, so that the resultant first mortgage and
housing costs remain at, or below, the parameters described above. All financial
programs or instruments described above must be acceptable to the primary mortgage
lender;
B. County Option for Cash In Lieu of Affordable Units. If at any time prior to the County’s
approval of any preliminary site plan or subdivision plat for the subject property which
includes one (1) or more for-sale affordable units, the Housing Office informs the then-
current Owner/builder in writing that it may not have a qualified purchaser for one or more
of the for-sale affordable dwelling units at the time that the then-current Owner/builder
expects the units to be completed, and that the County will instead accept a cash
contribution to the County to support affordable housing programs in the amount of
Nineteen Thousand One Hundred Dollars ($19,100) in lieu of each affordable unit, then
the then-current Owner/builder shall pay such cash contribution to the County prior to
obtaining a certificate of occupancy for the units that were originally planned to be
affordable units, and the then-current Owner/builder shall have the right to sell the units
without any restriction on sales price or income of the purchasers.
C. Work force housing units. The Owner shall provide twenty-five (25) residential dwelling
units for a sales price not to exceed three hundred thousand dollars ($300,000) for the
first sale of each unit. The first subdivision plat or site plan for the Property shall
designate the twenty-five (25) lots or units, as applicable, subject to this condition; and
D. Qualification period. All purchasers of for-sale affordable units shall be approved by the
Albemarle County Office of Housing or its designee. The Owner shall provide the County
or its designee a period of ninety (90) days to identify and pre-qualify an eligible
purchaser for the units. The ninety (90) day period shall commence upon written notice
from the Owner that the units will be available for sale. This notice shall not be given
more than one hundred twenty (120) days prior to the anticipated receipt of the certificate
of occupancy. If the County or its designee does not provide a qualified purchaser during
this ninety (90) day period, the Owner shall have the right to sell the units without any
restriction on sales price or income of purchaser(s); provided, however, that any units
sold or leased without such restriction shall nevertheless be counted toward the number
of affordable units required to be provided pursuant to the terms of this condition. If these
units are sold, this condition shall apply only to the first sale of each unit. Nothing herein
shall preclude the then-current Owner/builder from working with the County Housing
Department prior to the start of the notification periods described herein in an effort to
identify qualifying purchasers for affordable units.
E. Inspection of records. The County shall have the right, upon reasonable notice and
subject to all applicable privacy laws, to periodically inspect the records of the Owner or
any successors in interest for the purposes of assuring compliance with this condition.
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5. Residential amenities such as an outdoor plaza, paved path to the greenway, or civic green area
shall be provided, to the satisfaction of the Planning Director as shown on the concept plan
entitled, “Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007 and revised
October 29, 2007", Sheets SP2 and SP3;
6. Street trees shall be provided along the Route 240 frontage. The street trees shall meet the
minimum size, types of species, and spaced as determined by the County's Architectural Review
Board;
7. The final site plan shall not be approved until the applicant has provided an access area to the
greenway dedication in the north-west section of the property as shown on Sheet SP 2 of the
Concept Plan entitled, “Crozet Station, prepared by Atwood Architects, Inc. dated May 23, 2007
and revised October 29, 2007"; and
8. Water quality and water quantity treatment shall be based on an assumed pre-existing cover of
twenty percent (20%) for the site.
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Attachment 3
Original Proffer __X___
Amended Proffer
(Amendment # __ ___)
PROFFER FORM
Date: November 14, 2007
ZMA # 2006-016
Tax Map and Parcel Number(s) Tax Map 93 Parcels A1-1, A5-1 and Tax Map Parcel 94-74
and portions of Tax Map 94 Parcels 15, 16, 16A.
111.73 Acres to be rezoned from PRD/RA to PRD
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to rezone
the Property from the RA to the PRD zoning district as requested, the Owner shall develop the Property in
accord with the following proffered development conditions (each, a “Proffer,” and collectively, the
“Proffers”), which the Owner acknowledges are reasonable, pursuant to Section 15.2-2303 of the Code of
Virginia, 1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. If
rezoning application ZMA 2006-015 is denied, these proffers shall immediately be null and void and of no
force and effect.
This Proffer Statement shall relate to the Application Plan entitled “Master Plan, Glenmore”, dated
November 2, 1990, and prepared by Clower Associates, Inc., the Application Plan entitled “Glenmore
Planned Residential Development Application Plan for ZMA 99-016, dated April 12, 2000 and more
specifically the plan entitled, “Glenmore Section K-2”, dated June 15, 2007, last revised November 14,
2007, and prepared by Roudabush, Gale, and Associates, Inc.
1. The development of the Property shall be limited to those uses allowed by right under Section
19.3.1 (1), (5), (6), (7), (8), (9), (10) and (11) and those uses allowed by special use permit under
Section 19.3.2(2), (4), (8), (9), (10) and (11) of the Zoning Ordinance of Albemarle County,
Virginia (hereinafter referred to as the “Zoning Ordinance” and the “County”) as those Sections
are in effect on November 14, 2007, copies of which are attached hereto. The residential
development on the Property shall not exceed one-hundred ten (110) single family units. Of the
one-hundred ten (110) single family dwelling units, seventy-six (76) single family dwelling
units are in addition to, and not counted as part of, the eight hundred thirteen (813) units
authorized in Glenmore PRD by ZMA 99-016; thirty-four (34) single family dwelling units are
counted as part of the the eight hundred thirteen (813) units authorized in Glenmore PRD by ZMA
99-016.
2. In order to establish a future public greenway trail for the County along the Rivanna River, within
one (1) year after the date of approval of ZMA 2006-1016, the Owner shall dedicate in fee simple
to the County for public use no less than 43.45 acres in greenway area, as shown on Attachment
A, entitled “Glenmore Greenway Trail, Final Exhibit,” prepared by Roudabush, Gale, and
Associates, Inc. and dated June 18, 2007 (the “Greenway Trail Area”). Such Greenway Trail Area
may be increased as mutually agreed by the Owner and the County and includes the greenway
area originally intended to be included in the greenway pursuant to proffer no. 6 of “ZMA 79-16”
(such proffer correctly identified as proffer no. 6 of “ZMA 97-16) and the additional area
comprising a minimum of 14.98 acres proffered pursuant to this ZMA 2006-016.
a. Prior to dedication of the Greenway Trail Area to the County, no buildings shall be
constructed, or erected within the Greenway Trail Area without the consent of the County
and it shall be otherwise preserved in its natural state except for establishing pedestrian
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and riding trails and general beautification including, but not limited to, the clearing of
underbrush, removal of dead trees and shrubs, and cleanup of the river.
b. Prior to dedication of the Greenway Trail Area to the County, the Owner may grant
across the Greenway Trail Area utility easements, access easements to the Rivanna
River for residents of Glenmore and members and guests of the Glenmore Country Club
and may build riding trails or make similar uses of the area, provided that such utility and
access easements allow the County’s use of the surface of the easement area to be used
as a greenway, including the establishment of signs, benches and other accessory
improvements, and do not otherwise interfere with the County’s future use of the
Greenway Trail Area as a greenway.
c. The Owner shall convey the Greenway Trail Area by Deed of Gift and Easement
Agreement. The Deed shall be accompanied by a subdivision plat depicting the
Greenway Trail Area and bearing a notation that the Greenway Trail Area is dedicated for
public use, subject to provisions and reservations contained within the Deed. If, at the
time of dedication, the Greenway Trail Area is not dedicated by an accompanying
subdivision plat, the Owner shall pay the costs of surveying the Greenway Trail Area,
preparing the subdivision plat or other depiction thereof acceptable to the Director of
Community Development and the County Attorney, and preparing and recording the
Deed, and further provided that the Deed is in a form approved by the County Attorney.
d. After dedication, the Greenway Trail Area shall continue to be counted as open space for
the purposes of the Glenmore Master Plan and required density.
3. To offset public expenditure on Capital Improvement Projects, the Owner shall contribute
sixteen-thousand five-hundred ninety dollars ($16,590) in cash for the purposes of funding
transportation, public safety, school, parks and library improvements to offset public expenditure
on Capital Improvement Projects. The per lot cash contribution shall be paid to Albemarle County
prior to the issuance of a building permit for each lot.
4. To provide capital for Albemarle County’s Affordable Housing Program, the Owner shall
contribute two-thousand nine-hundred fifty-two dollars ($2,952) in cash for each dwelling lot on
the Property to provide capital for Albemarle County’s Affordable Housing Program. The per lot
cash contribution shall be paid to Albemarle County prior to the issuance of a building permit for
each lot.
5. Beginning January 1, 2008, the amount of cash contribution required by Proffer number 3 shall be
adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in
the Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C:
Masonry Bearing W alls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the “Index”)
or the most applicable Marshall & Swift index determined by the County if Marshall & Swift
ceases publication of the Index identified herein. In no event shall any cash contribution amount
be adjusted to a sum less than the amount initially established by these proffers. The annual
adjustment shall be made by multiplying the proffered cash contribution amount for the preceding
year by a fraction, the numerator of which shall be the Index as of December 1 in the year
preceding the calendar year most recently ended, and the denominator of which shall be the
Index as of December 1 in the preceding calendar year. For each cash contribution that is being
paid in increments, the unpaid incremental payments shall be correspondingly adjusted each
year.
6. In order to provide a higher level of Erosion and Sediment Control than is required by current
State and Local regulation, the Owner shall adopt construction procedures and practices that limit
the amount of disturbed area and provide enhanced protection for areas historically prone to
erosion. These procedures and practices shall include:
a. Limit construction activity such that not more than 30 acres of the project is disturbed at
any point in time. For the purposes of this proffer, disturbed areas will be determined by
the Program Authority based on the active E&S plan with adjustments to include
additional areas of disturbance and exclude areas where permanent stabilization has
been installed.
b. Utilize wire reinforced silt fence to control runoff from building construction.
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c. Utilize permanent seed and matting to stabilize all slopes steeper than 3H:1V.
d. Modifications to the above may be granted by the Program Authority due to special
circumstances during review of the E&S plan.
-Signature Page Follows-
GLENMORE ASSOCIATES LIMITED
PARTNERSHIP, a Virginia limited partnership
BY: The Frank A. Kessler Declaration of Trust dated
November 18, 1996, as amended, General Partner
BY: ________________________________(SEAL)
Michael D. Comer, Successor Trustee
Date:____________________________
BY: ________________________________(SEAL)
Peggy B. Kessler, Successor Trustee
Date:____________________________
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Attachment 4
Original Proffer _X_
PROFFER FORM
Date of Proffer Signature: November _2, 2007
ZMA # 2007-00005 Avon Park II
Tax Map 90 Parcel Number 31
5.17 Acres to be rezoned from R-1 to R-6
in accordance with the Application Plan of Terra Concepts, P.C.
dated April 30, 2007, last revised October 19, 2007)
Weather Hill Development, L.L.C., a Virginia limited liability company, is the owner (the “Owner”) of Tax
Map 90, Parcel 31 (the “Property”) which is the subject of rezoning application ZMA 2007-00005 known
as “Avon Park II” (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 rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
it is agreed that the conditions are reasonable.
1. AFFORDABLE HOUSING
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total residential
dwelling units within the Project in the form of for lease or for sale affordable dwelling units (the
“Affordable Dwelling Units” or “Affordable Units”). Each subdivision plat and site plan for land
within the Property shall designate the lots or units, as applicable, that will, subject to the terms
and conditions of this proffer, incorporate Affordable Units as described herein, and the aggregate
number of such lots or units designated for Affordable Units within each subdivision plat and site
plan shall constitute a minimum of fifteen percent (15%) of the lots in such subdivision plat or site
plan. .
In the event that the number of Affordable Dwelling Units to achieve 15% results in a fractional
unit, the Owner shall contribute cash to the County in a proportionate amount based on the
amount of $19,100. For example, if 15% equates to 4.5 Affordable Units, the Owner shall provide
4 Affordable Units pursuant to the terms described herein, and shall contribute cash to the County
in the amount of $9,550 be paid prior to issuance of a building permit for the first Affordable
Dwelling Unit.
A. The Affordable Dwelling Units shall be comprised of one or more of the following unit
types: single-family attached housing (townhouses), condominiums or apartments/flats. The
Owner or his successor in interest reserves the right to achieve the 15% Affordable Dwelling
Units in a variety of ways, utilizing the above mentioned unit types alone or in combination as
outlined below. The Owner shall convey the responsibility of constructing the affordable units to
any subsequent purchaser of the Property. The current Owner or subsequent Owner shall create
units affordable to households with incomes less than 80% of the area median family income (the
“Affordable Unit Qualifying Income”), such that housing costs consisting of principal, interest, real
estate taxes and homeowner's insurance (PITI) do not exceed 30% of the Affordable Unit
Qualifying Income; provided, however, that in no event shall the selling price of such Affordable
Units be more than sixty-five percent (65%) of the applicable Virginia Housing Development
Authority (VHDA) sales price/loan limits for VHDA’s first-time homebuyer programs provided that
the selling price shall not be required to be less than One Hundred Ninety Thousand Four
Hundred Dollars ($190,400) at the beginning of the 90-day identification and qualification period
referenced below. The Owner or his successor in interest may at its option facilitate the provision
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of down payment assistance loans to reduce the out-of-pocket cash requirement costs to the
homebuyer, such as, but not limited to a “silent” second lien Deed of Trust, so that the resultant
first mortgage and housing costs remain at or below the parameters described herein. All
financial programs or instruments described herein must be acceptable to the primary mortgage
lender. Any “silent” second lien Deed of Trust executed as part of this paragraph shall be
donated to the County of Albemarle or its designee to be used to address affordable housing.
For purposes of calculating the price of the Affordable Dwelling Units, the value of Seller-paid
closing costs shall be excluded from the selling price of such Affordable Dwelling Units.
i. For-Sale Affordable Units - All purchasers of for-sale Affordable Units
shall be approved by the Albemarle County Office of Housing or its designee. The Owner shall
provide the County or its designee a period of ninety (90) days to identify and pre-qualify an
eligible purchaser for the Affordable Units. The 90-day period shall commence upon written notice
from the Owner that the units will be available for sale. This notice shall not be given more than
120 days prior to the anticipated receipt of the certificate of occupancy. If the County or its
designee does not provide a qualified purchaser during this ninety (90) day period, the
Owner shall have the right to sell the Unit(s) without any restriction on sales price or income of
purchaser(s); provided, however, that any Units(s) sold or leased without such restriction shall
nevertheless be counted toward the number of Affordable Units required to be provided pursuant
to the terms of this proffer. If these Units are sold, this proffer shall apply only to the first sale of
each unit. Nothing herein shall preclude the then-current Owner/builder from working with the
County Housing Department prior to the start of the notification periods described herein in an
effort to identify qualifying purchasers for Affordable Units.
ii. For-Rent Affordable Units
1. Rental Rates For-Lease Affordable Units The initial net rent for each
for-rent Affordable Unit when the Unit(s) is available for occupancy shall not exceed the then-
current and applicable maximum net rent as published by the County Housing Office. In each
subsequent calendar year, the monthly net rent for each for-rent affordable unit may be increased
up to three percent (3%). For purposes of this proffer statement, the term “net rent” means that
the rent does not include tenant-paid utilities. The requirement that the rents for such for-rent
Affordable Units may not exceed the maximum rents established in this paragraph 1A(ii)(1) 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 Unit, or until the units are sold as affordable units as defined
by the County’s Affordable Housing Policy, whichever comes first (the “Affordable Term”).
2. Conveyance of Interest – All instruments conveying any interest in the
for-rent affordable units during the Affordable Term shall contain language reciting that such unit
is subject to the terms of this paragraph 1A. In addition, all contracts pertaining to a conveyance
of any for-rent affordable 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 1A(ii).
At least thirty (30) days prior to the conveyance of any interest in any for-rent affordable 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 1A(ii) have been satisfied.
3. Reporting of Rental Rates – During the Affordable Term, within thirty (30)
days of each rental or lease term for each for-rent affordable 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.
B. County Option for Cash In Lieu of Affordable Units. If at any time prior to the County’s
approval of any preliminary site plan or subdivision plat for the subject property which includes
one or more for-sale Affordable Dwelling Units, the County’s Housing Office informs the then-
current owner/builder in writing that it may not have a qualified purchaser for one or more of the
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for-sale Affordable Dwelling Units at the time that the then-current owner/builder expects the units
to be completed, and that the County will instead accept a cash contribution to the County to
support affordable housing programs in the amount of Nineteen Thousand One Hundred Dollars
($19,100) in lieu of each Affordable Unit(s), then the then-current owner/builder shall pay such
cash contribution to the County prior to obtaining a certificate of occupancy for the Unit(s) that
were originally planned to be Affordable Dwelling Units, and the then-current owner/builder shall
have the right to sell the Unit(s) without any restriction on sales price or income of the
purchaser(s). For the purposes of this proffer, such Affordable Dwelling Units shall be deemed to
have been provided when the subsequent owner/builder provides written notice to the Albemarle
County Office of Housing or its designee that the Affordable Units(s) will be available for sale.
2. CASH PROFFER
A. The Owner shall contribute cash to the County in the following amounts for each dwelling
unit constructed within the Property that is not an Affordable Dwelling Unit. The cash contribution
shall be used to address the fiscal impacts of development on the County’s public facilities and
infrastructure (i.e., schools, public safety, libraries, parks and transportation) identified in the
County’s Capital Improvements Program. The cash contributions shall be paid prior to issuance
of a building permit for the category of units described in this paragraph 2 in the following
amounts:
i. Eleven Thousand Nine Hundred Dollars ($11,900) for each attached town
home/condominium unit that is not an Affordable Dwelling Unit
ii. Seventeen Thousand Five Hundred Dollars ($17,500) for each single family
detached dwelling unit.
iii. Zero Dollars ($0.00) for each Affordable Dwelling Unit
B. Annual Adjustment of Cash Proffers. Beginning January 1, 2008, the amount of each
cash contribution required herein shall be adjusted annually until paid, to reflect any increase or
decrease for the preceding calendar year in the Marshall and Swift Building Cost Index (the
“MSI”). In no event shall any cash contribution be adjusted to a sum less than the amount initially
established by these proffers. The annual adjustment shall be made by multiplying the proffered
cash contribution amount for the preceding year by a fraction, the numerator of which shall be the
MSI as of December 1 in the year preceding the calendar year most recently ended, and the
denominator of which shall be the MSI as of December 1 in the preceding calendar year. For
each cash contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
3. EROSION AND SEDIMENT CONTROL
A. The Owner shall, to the maximum extent practicable as determined by the County’s
Program Authority, provide additional erosion and sediment controls to achieve a sediment
removal rate of eighty percent (80%) for the Property. (As a reference, current regulatory
structural measures achieve a 60% optimal removal rate).
[Signature Page Follows]
Weather Hill Development, L.L.C.
By: ___________________________
Marc C. Powell, Manager
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Attachment 5
Original Proffer _X_
PROFFER FORM
“Blue Ridge Cohousing”
Date of Proffer Signature: November 14, 2007
ZMA # 2007-00012
Tax Map Parcel- 56-67A and 56-67B (Portion)
6.15 Acres to be rezoned from R A to PRD
in accordance with the Application Plan of Blue Ridge Cohousing dated
June 25, 2007 and resubmitted and revised September 11, 2007 and October 19, 2007
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 rezoned with the offered
plans approved for development. These conditions are proffered as a part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
1. AFFORD ABLE HOUSING
The Owner shall provide four (4) residential dwelling units as affordable housing for sale. The
four (4) units shall be comprised of one or more of the following unit types: single-family attached
housing, single-family detached or multi-family condominiums. The Owner or his successor in
interest reserves the right to achieve the four (4) affordable units in a variety of ways, utilizing the
above mentioned unit types alone or in combination as outlined below. The first subdivision plat
or site plan for the Property shall designate the four (4) lots or units, as applicable, that will,
subject to the terms and conditions of this proffer, that will be the affordable units as described
herein. The Owner shall convey the responsibility of constructing the affordable units to any
subsequent purchaser of the subject property. The current Owner or subsequent Owner shall
create units affordable to households with incomes less than eighty percent (80%) of the area
median income, such that housing costs consisting of principal, interest, real estate taxes and
homeowner's insurance (PITI) do not exceed thirty percent (30%) of the gross household income,
provided, however, that in no event shall the selling price of such affordable units be more than
sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) sales
price/loan limits for VHDA’s first-time homebuyer programs provided that the selling price shall
not be required to be less than One Hundred Ninety Thousand Four Hundred Dollars ($190,400)
at the beginning of the 90-day identification and qualification period referenced below. The
Owner or his successor in interest may provide down payment assistance in the form of
secondary financing to reduce the costs to the homebuyer, so that the resultant first mortgage
and housing costs remain at, or below, the parameters described above. All financial programs or
instruments described above must be acceptable to the primary mortgage lender.
A. For Sale Affordable Units. All purchasers of for-sale affordable units shall be approved by
the Albemarle County Office of Housing or its designee. The Owner shall provide the
County or its designee a period of ninety (90) days to identify and pre-qualify an eligible
purchaser for the affordable units. The 90-day period shall commence upon written notice
from the Owner that the units will be available for sale. This notice shall not be given
more than one hundred twenty (120) days prior to the anticipated receipt of the certificate
of occupancy. If the County or its designee does not provide a qualified purchaser during
this ninety (90) day period, the Owner shall have the right to sell the units without any
restriction on sales price or income of purchaser(s); provided, however, that any units
sold or leased without such restriction shall nevertheless be counted toward the number
of affordable units required to be provided pursuant to the terms of this proffer. If these
15
units are sold, this proffer shall apply only to the first sale of each unit. Nothing herein
shall preclude the then-current Owner/builder from working with the County Housing
Department prior to the start of the notification periods described herein in an effort to
identify qualifying purchasers for affordable units.
The County shall have the right, upon reasonable notice and subject to all applicable
privacy laws, to periodically inspect the records of the Owner or any successors in
interest for the purposes of assuring compliance with this proffer.
B. County Option for Cash In Lieu of Affordable Units. If at any time prior to the County’s
approval of any preliminary site plan or subdivision plat for the subject property which
includes one or more for-sale affordable units, the Housing Office informs the then-current
owner/builder in writing that it may not have a qualified purchaser for one or more of the for-
sale affordable dwelling units at the time that the then-current owner/builder expects the
units to be completed, and that the County will instead accept a cash contribution to the
County to support affordable housing programs in the amount of Nineteen Thousand One
Hundred Dollars ($19,100) in lieu of each affordable unit, then the then-current
owner/builder shall pay such cash contribution to the County prior to obtaining a certificate
of occupancy for the unit that were originally planned to be affordable units, and the then-
current owner/builder shall have the right to sell the units without any restriction on sales
price or income of the purchasers.
2. CASH PROFFER
The Owner or his successor in interest shall contribute a total of $286,200 cash to the County for
the purpose of mitigating impacts from this development. The cash contribution shall be used for
transportation improvements, schools, libraries, fire and rescue, parks or any other public use
serving Neighborhoods 4 & 5 as identified in the County’s adopted capital improvements
program.
A. Contributions shall be payable as follows:
i. For new market rate attached townhome/condominium units: $11,900 each for
14 units payable prior to or at the time of issuance of the building permit for each
unit.
ii. For new market rate attached multifamily units: $12,400 each for 4 units payable
prior to or at the time of issuance of the building permit for each unit.
Iii For new market rate detached single family units: $17,500 each for 4 units
payable prior to or at the time of issuance of the building permit for each unit.
B. Annual Adjustment of Cash Proffers. Beginning January 1, 2008, the amount of each
cash contribution required herein shall be adjusted annually until paid, to reflect any
increase or decrease for the preceding calendar year in the Comparative Cost Multiplier,
Regional City Average, Southeast Average, Category C: Masonry Bearing W alls issued
by Marshall Valuation Service (a/k/a Marshall & Swift) (the “Index”) or the most applicable
Marshall & Swift index determined by the County if Marshall & Swift ceases publication of
the Index identified herein. In no event shall any cash contribution be adjusted to a sum
less than the amount initially established by these proffers. The annual adjustment shall
be made by multiplying the proffered cash contribution amount for the preceding year by
a fraction, the numerator of which shall be the Index as of December 1 in the year
preceding the calendar year most recently ended, and the denominator of which shall be
the Index as of December 1 in the preceding calendar year. For each cash contribution
that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
3. TRANSPORTATION IMPROVEMENTS
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A. Park View Drive Improvements. In order to mitigate traffic impacts resulting from the
Project, the Owner shall design and construct to standards established by the County
Engineer, in the location shown on the Application Plan of Blue Ridge Cohousing,
Sheet 6 of 7, dated June 25, 2007, last revised October 19, 2007, (hereinafter, the
“Application Plan”) a private road upgrade of Parkview Drive. The improvements as
shown on Sheet 4 of 7 includes an eighteen (18) foot wide paved road and an eight (8)
foot wide bike trail adjacent to the road. Construction of all improvements required by
this Proffer shall be completed and accepted by the County Engineer prior to the
issuance of the first Certificate of Occupancy for new dwellings.
B. Intersection Improvements to Park View Drive/Route 240. The Owner shall design and
construct to Virginia Department of Transportation road standards, an intersection that
meets the requirements for road intersections as stated in VDOT's Road Design Manual -
Subdivision Street Guide, in the location shown on the Application Plan, Sheet 6 of 7.
Construction or installation of all improvements required by this Proffer shall be
completed and accepted by VDOT prior to the issuance of the first Certificate of
Occupancy for new dwellings.
Signatures of All Owners Printed Names of All Owners Date
(Signed) Martin Schulman
Martin Schulman 11/05/2007
(Signed) Barbara S. Schulman
Barbara S. Schulman 05/11/2007