HomeMy WebLinkAboutZMA202000005 Proffers 2021-08-19five (65%) of the applicable federal HOME Investment Partnership Program (HOME)
Homeownership Value Limits at the beginning of the 180-day period referenced in
Proffer 1(A)(1) hereof (the WHDA Limit"). The Owner shall impose by contract the
responsibility herein of constructing and selling the Affordable Dwelling Units to any
subsequent owner or developer of the Property (or any portion thereof). Such
subsequent owner(s) and/or developer(s) shall succeed to the obligations of the Owner
under this Proffer 1; and the term "Owner" shall refer to such subsequent owner(s)
and/or developer(s), as applicable.
B. Role of County Office of Housing.
All purchasers of the for sale Affordable Dwelling Units shall be approved by the Albemarle
County Office of Housing or its designee (the "Office of Housing"). At the proposed time of
construction of any Affordable Dwelling Unit, the Owner shall provide the Office of
Housing a period of one hundred eighty (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 Office of Housing 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 ninety (90) days prior to the expected issuance of the
certificate of occupancy, and the 180-day approval period shall extend no less than ninety
(90) days after the issuance of the certificate of occupancy. Nothing in this Proffer 1 shall
prohibit the Office of Housing from providing the Owner with information on income
eligibility sufficient for the Owner to identify eligible purchasers of Affordable Dwelling
Units for approval by the Office of Housing. If, during the 180-day qualification period, (i)
the Office of Housing fails to approve a qualified purchaser, (ii) a qualified purchaser fails
to execute a purchase 'contract for an Affordable Dwelling Unit or (iii) a local non-profit
affordable housing provider does not purchase the unit, then, in any case, the Owner shall
have the right to sell the Unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 1. This
Proffer 1 shall apply only to the first sale of each of the for -sale Affordable Dwelling Units.
For the purposes of this Proffer 1, 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 unit(s) will be available for
sale.
C. For -Sale Affordable Dwelling Units.
i. Rental Rates. The net rent for each rental housing unit which shall qualify as an
Affordable Dwelling Unit ("For -Rent Affordable Dwelling Unit") shall not exceed
HUD's affordability standard of thirty percent (30%) of the income of a household
making less than or equal to sixty percent (60%) of the area median income (as
determined by HUD from time to time). In each subsequent calendar year, the
monthly net rent for each For -Rent Affordable Dwelling Unit may be increased up to
three percent (3%). The term "net rent" means that the rent does not include
Homeowners Association fees but does include an allowance for tenant -paid utilities.
The requirement that the rents for such For -Rent Affordable Dwelling Units may not
exceed the maximum rents established in this Section 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 Dwelling Unit, or until the units are sold as low or moderate
cost units qualifying as such under either the VHDA, Farmers Home Administration,
or Housing and Urban Development, Section 8, whichever comes first (the
"Affordable Term").
ii. Conveyance of Interest. All deeds conveying any interest in the For -Rent Affordable
Dwelling Units during the Affordable Term shall contain language reciting that such
unit is subject to the terms of this Section. In addition, all contracts pertaining to a
conveyance of any For -Rent Affordable Dwelling Unit, or any part thereof, during the
Affordable Term shall contain a complete and full disclosure of the restrictions and
controls established by this Section. At least thirty (30) days prior to the conveyance
of any interest in any ForRent Affordable Dwelling 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 Section have been satisfied.
iii. Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each
rental or lease term for each For -Rent Affordable Dwelling Unit, the Applicant or its
successor shall provide to the 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
Applicant or its successor 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.
D. Trackins.
Each subdivision plat and site plan for land within the Property shall: i) designate the lots
or units, as applicable, that will constitute Affordable Dwelling Units within the Project
and ii) contain a running tally of the Affordable Dwelling Units either constructed or
contributed for underthis Proffer 1. The designated lots or units shown on the applicable
subdivision plat or site plan may not be shown as being constructed in a future phase.
2) Amenity Dedication to HOA.
A. Amenity Areas.
These areas shall be used for the use and enjoyment of the residents of the Property,
subject to the restrictions that may be imposed by any declaration recorded as part
of a conveyance of these areas to a homeowner's association. The amenity areas
must be substantially completed prior to the issuance of approval of the thirty-fifth
(35) CO within the project. The owner shall pay the cost of subdividing and conveying
the Parks and Civic Spaces to the homeowner's association.
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3) Greenway Dedicated to the Public.
A. Greenway and Stream Buffer.
Green Space 1 and Green Space 2 are designated as Conservation Area on the
concept plan consisting of 7.80 Acres.
Conservation Area. The term "conservation area" means an area identified on a plan
submitted for approval which contains cultural assets or natural features such as
non -tidal wetlands, floodplain, slopes identified in the open space element of the
comprehensive plan, or streams and stream buffers, within which only limited
disturbance or development is allowed. Uses allowed in conservation areas include,
but are not limited to, utilities, greenways, pedestrian paths, streets, and
stormwater management facilities, where, in the opinion of the County Engineer, no
other location is reasonably available and when these improvements have the least
impact possible on the environmental features of the area.
B. Dedication of Greenway Area.
Upon the request of the County, but not prior to the issuance of the tenth (10T") CO
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 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.
4) Financial Contributions.
A. Cash Proffers for Capital Improvements. The owner shall contribute cash for each
new residential unit that is not classified as an Affordable Housing Unit. The cash
contribution shall be for the purposes of addressing the fiscal impacts of
development on the schools and transportation serving the Community of Crozet.
The cash contribution shall be $3,000 cash for each new single- family detached
dwelling unit. The cash contribution shall $2,500 cash for each single family
attached or townhouse dwelling unit. The cash contribution shall be paid at the time
of the issuance of the certificate of occupancy for each new unit in order to be
consistent with current state law.
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.
WITNESS the following duly authorized signature:
Owner TMP 05600-00-00-067130:
Martin Schulman
By: Martin Schulman
Owner TMP 05600-00-00-074A0:
The Thomas F Starke Revocable Trust, the Betty G. Starke Revocable Trust
By: Trustees
Contract Purchaser:
Emerald Land Co., LLC
By: Katurah Roell
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