HomeMy WebLinkAboutSDP201700017 Agreements 2017-01-03 PROFFER STATEMENT
FOOTHILLS CROSSING
Date: January 3,2017
ZMA#: 2016-05
Tax Map Parcel #: 056A2-01-00-06200,05600-00-00-057CO3 05600-00-00-057B2,056A2-01-
00-06100,and 056K0-00-00-000A2(the"Property")
Owner(s)of Record: Route 240 Holdings,LLC;Edmund).Daily,Christopher Daily&Cynthia
Daily DiCanio;Route 240,LLC;and Foothills Crossing,INC.
Rezone parcel 056A2-01-00-06200 totaling approximately 2.13 acres from R2 Residential(R2) to R6
Residential (R6),and rezone three parcels (05600-00-00-57CO3 05600-00-00-057B2,and 056K0-00-
00-000A2) totaling approximately 32.56 acres from RI Residential.(R1)to R6,and a portion of parcel
056A2-01-00-6100,containing 3.24 acres from Light Industrial(LI) to R6.
Total Land Area: 37.93 acres
Pursuant to Sections 33.4 and 33.7 of the Albemarle County Zoning Ordinance,the Owner hereby
voluntarily proffers the conditions listed herein below which shall be applied to Foothills Crossing
(hereinafter the"Property")if the Zoning Map Amendment(hereinafter the"ZMA") is approved by
the County of Albemarle(the"County"). These conditions are proffered as a part of the requested
ZMA and it is agreed that (1) the ZMA itself gives rise to the need for the conditions,and(2) such
conditions have a reasonable relation to the rezoning requested.
The term"Owner"as referenced herein shall mean the owner(s) of record and successors in interest
of parcels 056A2-01-00-06200,05600-00-00-057CO3 05600-00-00-057B2,056K0-00-00-000A2,and a
portion of 056A2-01-00-06100.
The Application Plan shall refer to that certain Application Plan prepared by Collins Engineering
February 16,2016 last revised January 3,2017 (the"Application Plan"). Future development of the
Property shall be in general accord with the Application Plan. To be in general accord with the
Application Plan,the development and use shall reflect the major elements shown on the Application
Plan and listed below,as determined the Director of Plannuig or his designee:
a) Streets shall be interconnected,except where described in Note 13 of the Application Plan.
b) There shall be a mixture of housing types and maximum number of units as described in
building type and density in the General Notes section of the Application Plan.
c) Buildings shall be oriented towards public streets as described in Note 9 of the Application Plan.
A strip of open space shall be provided along the Eastern Avenue Connector Road and Park
Ridge Street,where necessary,to provide additional landscape buffering of any rear yards
abutting the open space where backs of buildings are visible from the street.
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d) The Greenway trail system shall indude a connection to this phase of the Foothill Crossings
Neighborhood and a connection to Crozet Park.
The headings of the proffers and conditions set forth below have been prepared for convenience or
reference only and shall not control or affect the meaning or be taken as an interpretation of any
provisions of the proffers.
1. Park Ridge Street Road Construction and Dedication,
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Park Ridge Street("Park Ridge") on the Application Plan. Park Ridge will be an
"avenue section"in design,with bike lanes,parking,sidewalks,street trees,and curb and gutter. Park
Ridge shall be constructed,bonded and ready to be recommended by the Albemarle County Board
of Supervisors for acceptance into the public system,and the County Engineer shall have determined
that the roadway is safe and convenient for traffic(hereinafter,"completed")prior to issuance of the
tenth(10th)certificate of occupancy (herein after"CO")within the Property. Once the Owner
completes Park Ridge and within sixty (60) days after the written request of the County,the Owner
shall dedicate Park Ridge as a public road
2. ) astern Avenue Connector Road Construction and Dedication.
The Owner shall cause to be constructed a two lane road in the general location of the road
identified as Eastern Avenue Connector Roadway ("Eastern Avenue") on the Application Plan.
Eastern Avenue will be an"avenue section"in design,with bike lanes,parking,sidewalks,street
trees,and curb and gutter. Eastern Avenue shall be constructed,bonded and ready to be
recommended by the Albemarle County Board of Supervisors for acceptance into the public system,
and the County Engineer shall have determined that the roadway is safe and convenient for traffic
(hereinafter,"completed")prior to issuance of the fiftieth(50th) CO within the Property. Once the
Owner completes Eastern Avenue and within sixty (60)days after the written request of the County,
the Owner shall dedicate Eastern Avenue as a public road.
3. Greenway Trails.
A. Construction and Dedication of Greenway Trails.
A primitive trail network, consistent with the County's design standards for a Class B-
type 1 primitive nature trail, shall be established within the Greenway. The installation
of the trail shall not preclude the future conversion, by others, of the trail to Class A
paved trail standards. The general location of the trail network is shown on the
Application Plan, however exact trail locations shall be determined based on site
conditions. Installation of the trail network shall be completed prior to issuance of
approval of the tenth(10th)CO for a single family dwelling within the Project.
Upon the request of the County, but not prior to the issuance of the tenth (10th) 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
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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.
B. Bike and Pedestrian Tunnel
Pursuant to approval by VDOT and the County, the Owner shall construct a bike and
pedestrian tunnel (herein after the "Pedestrian Tunnel") along the trail network as it
passes underneath Eastern Avenue. The Tunnel design shall be submitted for review
with the roadway plans for Eastern Avenue. Installation of the Tunnel shall be
completed prior to issuance of approval of the tenth (10th) CO for a single family
dwelling within the Project.
4. Community Civic Space.
The Owner shall provide not less than 20,000 square feet of land within the Project for a Civic Space
in the general location identified on the Application Plan. The Civic Space shall be substantially
completed prior to the issuance of approval of the tenth(10'') CO within the Project. Parks and
Civic Spaces shall be conveyed to,and maintained by the Owner's Association. The Owner shall pay
the cost of subdividing and conveying the Parks and Civic Spaces to the Owner's Association.
5. Cash Proffer for Capital Improvements Projects.
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 at the time of this zoning amendment
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 5, the number of units allowed by right under the R-1 Residential zoning is thirty five (35)
single-family detached units. A "market rate" unit is any single-family detached unit in the Project
that is not either a For-Sale Affordable Housing Unit or For -Rent Affordable Unit as described in
Proffer 6. The cash contributions shall be Seven Thousand Three Hundred Thirty Three Dollars
and F.ighteen Cents ($7,333.18) for each single family detached dwelling unit, other than a
constructed For-Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 6.
In other words, the cash contribution for market rate single family units shall begin after a building
permit for the 35th market rate single family unit is issued and prior to the Owner obtaining a
building permit for the 36th market rate single family unit. The cash contributions shall be Five
Thousand Four Hundred Forty Seven Dollars and Fifty Seven Cents ($5,447.57) for each single
family attached dwelling unit, other than a constructed For-Sale Affordable Housing Unit or a For
Rent Affordable Housing Unit within the Project qualifying as such under Proffer 6. The cash
contributions shall be Seven Thousand Four Hundred Nineteen Dollars and Ninety One Cents
($7,419.91) for each multifamily dwelling unit,other than a constructed For Sale Affordable Housing
Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 6.
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6. Affordable Housing,
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number
residential units constructed on the Property. For example, if one hundred (100) total units are
constructed in the Project, fifteen (15) units, or their equivalent,are required to satisfy this Proffer 6.
The Owner or its successors in interest reserve the right to meet the affordable housing objective
through a variety of housing types, or through cash contributions, as more particularly described in
sections 6A, 6B and 6C 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 no more than sixty five percent (65%) of Virginia Housing and Development
Authority's ("VHDA") maximum sales price for first time home-buyer program. 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).
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 6, ("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 6B, 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 GB 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 Term shall contain language reciting that such unit
is subject to the.xerms of this subparagraph (2). 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
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controls established by this paragraph 6B. 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 6B(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.kffordable 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. The total cash contribution due to Albemarle County as noted above shall be based on
the total number of affordable units built in the Project.
7. Cost Index.
Beginning January 1 of each year following the approval of this rezoning, the amount of each cash
contribution required by Proffers 5 and 6 shall he adjusted annually until paid, to reflect any increase
or decrease for the proceeding calendar year in the Marshall and Swift Building Cost Index ("MSI")
for masonry walls in the Mid-Atlantic. 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"). By way of example, the first annual adjustment shall be Seven Thousand
Three Hundred and Thirty Three Dollars and Eighteen Cents ($7,333.18) x 2018 MSI/2017 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 7 (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 and Thirty Three Dollars and Eighteen Cents ($7,333.18) per single family
detached dwelling unit and Five Thousand Four Hundred and Forty Seven Dollars and Fifty Seven
Cents ($5,447.57) per single family attached dwelling unit and Seven Thousand Four Hundred and
Nineteen Dollars and Ninety One Cents ($7,419.91) per multifamily dwelling unit under Proffer 5 or
Twenty-Four Thousand and Three Hundred .Seventy Five Dollars ($24,375.00) per affordable
dwelling unit under Proffer 6 (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.
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8. 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 have been a total Cash Contribution equal to
the total value of: i)Eastern Avenue,and related improvements to be completed by Owner,ii) the
Pedestrian Tunnel and iit)the Civic Space improvements, (collectively referred to as the"In-kind
Contribution"). The In-Kind Contribution shall be$4,299,996.00. The In-kind Contribution reflects
the value of the improvements that the Owner has committed to make pursuant to these proffers
that are for the benefit of the public.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 the aforementioned credits 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.
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The undersigned Owner(s)hereby proffer that the use and development of the Property shall be in
conformance with the proffers and conditions herein above,and these proffers shall supersede all
other proffers and conditions made prior hereto. 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 signature:
OWNERS of Tax Map Parcel 05600-00-00-057B2:
By: �
CHRISTOPF ]ER1AILY
By.
EDMUND J.DAIL
ByLi
THIA L.DAILY DICANI
Date: 3 C. V) `O
OWNER of Tax Map Parcel05600-00-00•057C0& 056A2-01-00-06200:
ROUTE 240 HOLDINGS, LLC,a Virginia limited liability company
By:
Date:
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OWNER of Tax Map Parcel 056A2-01-00-06100:
ROUTE 240,LLC,a Virginia limited liability company
By:
Date: l / / 1-c, t
OWNER of Tax Map Parcel 056K0-00-00-0000A2:
FOOTHILLS CROSSING,INC., a Virginia corporation
By: OCIC`-‹
Date: 1 / t 7-4)
31657067 5
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