HomeMy WebLinkAboutZMA201600015 Correspondence 2016-12-19 WILLIAMS M U LLE N
Direct Dial:434 951.5709
vlong@williamsmullen.com
December 19, 2016
BY HAND DELIVERY
JT Newberry
Senior Planner
Albemarle County Department of Community Development
401 McIntire Road,North Wing
Charlottesville, Virginia 22902
Re: ZMA 2016-00015 (Oakleigh)
Resubmittal Materials for Board of Supervisors Feb. 8th Public Hearing
Dear JT:
In connection with the captioned rezoning application, I enclose the following documents
for the proposed February 8th, 2017 Board of Supervisors public hearing:
1. Three (3) copies of ZMA 2016-00015's updated Application Plan
2. One copy of the revised Proffer Statement, and
3. One copy of a redline showing the revised Proffer Statement changes against the
November 2, 2016 draft.
The following revisions have been made to the Application Plan in response to the Planning
Commission's recommendations:
1. The Development Block,Summary on Sheet 4 of the Application Plan now contains two
additional columns labeled "Min. Dwelling Units Scenario A" and "Min. Dwelling Units
Scenario B" with 14 and 53 minimum units for each, respectively. This was added to
ensure that if the property is developed pursuant to Scenario B, a minimum of 53
dwelling units would be constructed.
L
2. We have added a note under the Development Block Summary on Sheet 4 of the
Application that reads "In the event that Block V is not developed as an Assisted Living
Facility, it shall be developed in general accord with Scenario B as,shown on Sheet 6B;
and in general accord with the Code of Development on Sheet 5 herein."
3. Permitted Uses on Sheet 5 of the Application Plan no longer includes "Outdoor
Amphitheater",) "Fast Food Restaurant", and "Department Store" as permitted uses.
Indoor Theaters have never been a permitted use.
4. The emergency access through Berkeley Subdivision is no longer shown on the
Application Plan.
The following revisions have been made to the Proffer Statement:
321 East Main Street,Suite 400,Charlottesville,VA 22902 T 434.951.5700 F 434.817.0977 williamsmullen.com
DC NC VA I A Professional Corporation
Le
WILLIAMS M—U LLE N
December 19, 2016
Page 2
1. The first proffer regarding Affordable Housing was modified to allow for the election to
construct Affordable Dwelling Units, pay the equivalent cash in lieu for such units, or to
provide some combination thereof. Only the cash in lieu payment was allowed under the
prior draft. Since the Housing Director has expressed a preference for cash, we arc
hesitant to preclude that as an option.
2. The third proffer regarding tree preservation now more clearly states that should Scenario
B be constructed,the Tree Plan approved with ZMA-2007-00004 will apply.
3. The proffer for enhanced erosion and sediment control measures has been reinserted.
By-Right Lot Yield Credit:
Prior to the Oakleigh's original approval in January, 2008 as ZMA 2007-00004, the property was
zoned R-6 Residential with a by-right development yield of 52 dwelling units. With the approval
of Oakleigh in 2008 to Neighborhood Model Development, the property was approved for 109
dwelling units. During the review of ZMA 2007-00004, the Owner requested credit against the
cash proffers for the "by-right lot yield" of 52 units, but that request was not granted. However,
since that time, the Board of Supervisors has approved a number of projects that included cash
proffers subject to a by-right lot yield credit. The most recent example is the Brookhill project,
which included a by-right lot yield credit for the property's previous R-1 Residential zoning,
equal to 269 units. At the Oakleigh Planning Commission meeting, Ms. Echols stated that
Oakleigh's request is distinguishable from Brookhill and other projects due to the higher
percentage of credits that would be afforded to Oakleigh compared to the other projects.
However, we contend that the fact that Oakleigh would receive a larger percentage by-right lot
yield credit than other projects does not change the merits of the request that it be treated-the
same as other projects and be given such credit for the by-right units that it already had prior to
the rezoning process.
The reason for the higher percentage is simple and factual: Oakleigh started with R-6 zoning,
and Brookhill started with just R-1 zoning -- Oakleigh started with the right for a larger
percentage of by-right units per acre than Brookhill did. We see no logical correlation between
the size of the percentage of the by-right lot yield credit and the merits of granting the credit. If
the property had a by-right lot yield prior to the rezoning, then it is logical and just that the
applicant and Owner only be required to pay cash proffers for those units that are in excess of the
existing by-right lot yield. This position is consistent with the legal purpose of cash proffers, that
they mitigate the impacts of residential development. If the owner or applicant already has the
right to a certain number of units by-right, then additional impacts from those by-right units are
not being created by the rezoning, thus it would not be proper for the County to accept cash,
proffers for them.
Furthermore, we note that, second significant reason that the size of the percentage of the credit
is so high is that a large number of the residential units at Oakleigh are proposed to be replaced
WILLIAMS M U LLE N
December 19, 2016
Page 3
by the Assisted Living Facility. The Oakleigh property originally had a by-right lot yield of 52
units, then it was rezoned to permit up to 109 units in 2008, and now we are proposing to replace
up to 87 of those units with an Assisted. Living Facility, such that Oakleigh could have a
minimum of 22 units under Scenario A on the Application Plan. This results in the size of the
percentage being higher than with other projects, but that higher percentage has no impact on the
merits of the credit. By its recent actions in granting several other projects by-right lot yield
credits against the cash proffers, the Board of Supervisors has confirmed the merits of this
position. As such, our proffer statement continues to include the credit for the 52 unit by-right
lot yield, and we respectfully request the Board to grant the credit for the reasons stated herein.
Finally, our proffer statement also includes the cash proffer figures recommended by the
County-appointed Fiscal Impact Advisory Committee (the "FIAC"), as adjusted to reflect the
most recent CIP. These adjusted figures were provided to us by the County staff. These cash
proffer figures are the same amounts that were recently approved for the Brookhill project. That,
combined with the facts that that these figures were provided by the County appointed FIAC, and
recently updated by the County staff, demonstrates that they are the closest thing the County has
to current "approved" proffer rates. The fact that the County repealed its proffer policy in June
of this year does not mean that the County cannot accept cash proffers using these adjusted FIAC
rates. Rather, the history of these rates provides the Board of Supervisors with a reasonable basis
to accept these proffers. As you know, the Oakleigh project is not subject to the requirements of
the new Virginia Proffer Reform Bill enacted as Virginia Code Section 15.2-2304.4, since the
Oakleigh application was submitted prior to July 1, 2016. As'such, the Board of Supervisors is
not faced with the burden of demonstrating that the proffer figures comply with the new state
law. For all of these reasons, we contend that it is prudent and appropriate to include these
adjusted FIAC proffer figures in the Oakleigh proffer statement.
Thank you for your time and effort on this application. If you have any questions or need
anything further please do not hesitate to contact me.
Very truly yours,
VOLUIVO,
Valerie W. Long
Enclosures
cc: George W. Ray, Oakleigh Albemarle, LLC
Steve Edwards, Edwards Design Studio
Alan Franklin, Alan Franklin Engineering
32563056_2
PROFFER STATEMENT
OAKLEIGII AMENDMENT
Date: December 19, 2016
ZMA#: 2016-00015 Oakleigh Amendment#1
Tax Map Parcel#: 04500-00-00-026A0
8.8 acres to be rezoned from Neighborhood Model Development ("NMD")
to NMD to amend proffers
Oakleigh Albemarle LLC, a Virginia limited liability company, is the fee simple owner(the
"Owner") of Tax Map 45,Parcel 26A(the"Property") which is the subject of the zoning map
amendment application#ZMA-2016-00015 known as "Oakleigh." The Applicant for Oaldeigh
is Oakleigh Albemarle LLC, a Virginia limited liability company. The Oakleigh community is
herein referred to as the"Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
the rezoning is approved by Albemarle County. These conditions are proffered as part of the
rezoning and it is agreed that the conditions are reasonable. This proffer statement shall
supersede and'replace in all respects the proffer statement approved by the Board of Supervisors
in connection with ZMA-2007-00004.
1. Affordable Housing.
A. 15%Affordable Requirement. The Owner shall provide Affordable Dwelling
Units (as defined herein) equal to fifteen percent(15%) of the total residential dwelling units
within the Project that is in excess of the number of units that were allowed by right under the
zoning that was in existence prior to the approval of ZMA 2007-0004, an equivalent cash in lieu
payment, or a combination thereof(the"15%Affordable Housing Requirement"), as more
particularly described in paragraphs 1B and 1C below. Prior to the approval of ZMA 2007-
00004,the property was zoned R-6 Residential, and thus had by-right development yield of 52
dwelling units. Therefore, the cash contribution for compliance with the 15%Affordable
Housing Requirement shall begin after a certificate of occupancy for the 52nd dwelling unit
within the Project is issued and prior to the Owner obtaining a certificate of occupancy for the
53rd dwelling unit within the Project.
B. Construction of Affordable Dwelling Units. If there are more than 52 dwelling
units within the Project such that the 15%Affordable Housing Requirement is applicable, the
Owner or its successors in interest reserves the right to meet the affordable housing objective
through a variety of housing types, including but not limited to, for-sale units,rental units,
accessory units, and Carriage Units ("Affordable Dwelling Units"or"Affordable Units").
i. For-Sale Affordable Dwelling Units. All purchasers of the For-Sale
Affordable Dwelling Units (as defined below), shall be approved by the Albemarle County
Housing Office or its designee. "For-Sale Affordable Dwelling Units" shall be dwelling units
offered for sale at prices for which households with incomes less than eighty percent(80%) of
the area median income may qualify, and shall not exceed sixty-five percent(65%) of VHDA's
Maximum Sales Price for first-time homebuyers. The Owners shall provide the County or its
designee'a period of one hundred twenty(120) days to identify and prequalify eligible
purchaser(s) of For-Sale Affordable Dwelling Units. The one hundred and 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 Dwelling Units; the County or its designee
may then have thirty(30) days within which to provide qualified purchaser(s) for such For-Sale
Affordable Housing Units. If the County or its designee does not provide qualified purchaser(s)
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). Carriage Units, as defined in
the Code, shall not exceed twenty-five percent (25%) of the total Affordable Dwelling Units.
ii. For-Rent Affordable Dwelling Units.
(1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this Proffer 1, ("For-Rent Affordable Dwelling
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 Dwelling Unit may be
increased up to three percent (3%). For purposes of this Proffer 1B, the term "net
rent" means that the rent does not include tenant-paid utilities. The requirement that
the rents for such For-Rent Affordable Dwelling Units may not exceed the maximum
rents established in this paragraph 1B 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 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
Dwelling Units during the Affordable Term shall contain language reciting that such
unit is subject to the terms of paragraph.1B. 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 paragraph 1B. At least thirty (30) days prior to the
conveyance of any interest in any For-Rent 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 paragraph 1B(ii)(2) have been
satisfied.
2
,
(3) 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 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 Proffer For Affordable Housing-Requirement. If there are more than 52
dwelling units within the Project such that the 15% Affordable Housing Requirement is
applicable,then the Owner may elect to make a cash contribution to Albemarle County for all or
a portion of the 15%Affordable Housing Requirement in the amount of Twenty-three Thousand,
Eight Hundred and Five Dollars and 30/Cents ($23,805.30) for each such unit(s) (the
"Affordable Housing Cash Proffer") in lieu of constructing Affordable Dwelling Units as
detailed in paragraph 1B. Any unit for which the Affordable Housing Cash Proffer is
contributed as provided herein shall count as an Affordable Dwelling Unit for purposes of this
Paragraph 1 and 2 below.
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(a"Market
Rate Unit"), and that is in excess of the number of units that were allowed by right under the
zoning that was in existence prior to the approval of ZMA 2007-0004. Prior to the approval of
ZMA 2007-00004,the property was zoned R-6 Residential, and thus had by-right development
yield of 52 dwelling units. Therefore,the cash contribution for Market Rate Units shall begin
after a certificate of occupancy for the 52nd dwelling unit within the Project is issued and prior to
the Owner obtaining a certificate of occupancy for the 534 dwelling unit within the Project. The
cash contributions 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
in the following amounts:
(i). Seven Thousand Three Hundred and Thirty-Three and 18/100s Dollars ($7,333.18)
for each single-family detached dwelling unit that is not an Affordable Dwelling Unit.
(ii). Five Thousand Four Hundred and Forty-Seven and 57/100s Dollars ($5,447.57) for
each single family attached dwelling unit that is not an Affordable Dwelling Unit.
(iii). Seven Thousand Four Hundred and Nineteen and 91/100s Dollars ($7,419.91) for
each multifamily dwelling unit that is not an Affordable Dwelling Unit.
(iv). Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3
B. Annual Adjustment of Cash Proffers. Beginning January 1 of each year following the
approval of this rezoning, 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 Walls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the"Index") or
the most applicable Marshall & Swift index determined by the County if publication of the
r specific index referenced herein in discontinued. 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
proceeding calendar year, and the denominator of which shall be the Index as of December 1 in
the year preceding the calendar year most recently ended(the "Annual Percentage Change").
3. Tree Preservation.
A. If the Project is to be developed as per Scenario A of the Application Plan, as part of
the final site plan for the Project, the Owner will submit a tree preservation plan(the"Scenario A
Tree Plan") for thirteen(13)trees within the Project, as shown on the Application Plan, which
specifies tree protection methods and procedures, including fertilizing,tree protection fencing,
mulching, and site construction activities which shall be complied with during and after
development of the Project. Prior to the final site plan approval,the Owner shall submit a bond or
_other form of surety in the total amount of Thirteen Thousand Dollars and No/Cents
($13,000.00). The bond or surety shall be submitted to guaranty the replacement of those trees
which are numbered 1, 1A, 2, 3, 4,4A, 5, 7, 8, 9, 30, 31, and 32 on the Application Plan(the
"Scenario A Bonded Trees") in the event that any of the Scenario A Bonded Trees die within a
period of five (5) years after issuance of the last Certificate of Occupancy within the Project. The
bond or other surety shall be in a form acceptable to the County Attorney.
B. If the Project is to be developed as per Scenario B of the Application Plan,the Owner
will submit as part of the Code of Development for Oakleigh Farm a tree protection plan(the
"Scenario B Tree Plan") for thirty-nine(39) trees within the Project, as shown on the Application
Plan,which specifies tree protection methods and procedures, including fertilizing, tree
protection fencing and mulching which shall be complied with during and after development of
the Project. Prior to the final site plan approval, the Owner shall submit a bond or other form of
surety in the total amount of Twenty-Nine Thousand Dollars ($29,000). The bond or surety shall
be submitted to guaranty the replacement of those trees which are numbered 1, 1A, 2, 3,4, 4A, 5, '
6, 7, 8, 9, 10, 14, 16, 17, 19, 20, 21, 22, 24, 25, 27A, 30, 31, 32, 35, 38, 38A, and 44D on the
Application Plan(the"Scenario B Bonded Trees") in the event that any of the Scenario B
Bonded Trees die within a period of five(5) years after issuance of the last residential Certificate
of Occupancy within the Project. The bond or other surety shall be in a form acceptable to the
County Engineer and the County Attorney.
4. Pedestrian Easement. The Declaration of Covenants and Restrictions for the Project
shall contain a provision which grants a public right of pedestrian access over all sidewalks
within the Project. This right shall be in perpetuity and the Declaration shall name the County of
Albemarle, Virginia as a third-party beneficiary with the express right to enforce the provisions
4
of such public right of access.
5. Erosion and Sediment Control. 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]
r
5
•
WITNESS the following duly authorized signature:
Owner:
OAKLEIGH ALBEMARLE LLC,
a Virginia Limited Liability Company
By:
Printed Name:
Title:
31491018_5
6
DRAFT
PROFFER STATEMENT
OAKLEIGH AMENDMENT
Date: November 2,December 19,2016
ZMA#: 20 16-000 15 Oakleigh Amendment#1
Tax Map Parcel #: 04500-00-00-026A0
8.8 acres to be rezoned from Neighborhood Model Development("NMD")
to NMD to amend proffers
Oakleigh Albemarle LLC, a Virginia limited liability company, is the fee simple owner(the
"Owner")of Tax Map 45, Parcel 26A(the"Property")which is the subject of the zoning map
amendment application#ZMA-2016-00015 known as"Oakleigh." The Applicant for Oakleigh is
Oakleigh Albemarle LLC,a Virginia limited liability company. The Oakleigh community is
herein referred to as the"Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement,which shall be applied to the Property if the
rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning
and it is agreed that the conditions are reasonable.This proffer statement shall supersede and
replace in all respects the proffer statement approved by the Board of Supervisors in connection
with ZMA-2007-00004.
1. Affordable Housing.
A. 15%Affordable Requirement.The Owner shall provide
housing units eguivalentAffordable Dwelling Units(as defined herein) equal to fifteen percent
(15%)of the total residential dwelling units within the Project that is in excess of the number of
units that were allowed by right under the zoning that was in existence prior to the approval of
ZMA 2007-00040004, an equivalent cash in lieu payment, or a combination thereof(the"15%
Affordable Housing Requirement"), as more particularly described in paragraphs 1B and 1C
below. Prior to the approval of ZMA 2007-00004,the property was zoned R-6 Residential, and
thus had by-right development yield of 52 dwelling units. Therefore,the cash contribution for
compliance with the 15%Affordable Housing Requirement shall begin after a certificate of
occupancy for the 52nd dwelling unit within the Project is issued and prior to the Owner obtaining
a certificate of occupancy for the 53rd dwelling unit within the Project.
B. Cash Proffer ForConstruction of Affordable Dwelling
Units. If there are more than 52 dwelling units within the Project such that the 15%Affordable
Housing Requirement is applicable,the Owner
° a, 4.C (/)...I Ic ^ =_ ' a c" a: `' a, .c C co C � v) ' 0 Occ aV -o a) a� a�
.� eA y r v'I -C v n ,�+. = . C O O C c . OC an c� , cN
0 4 r
_ ,_.
•
cll
Fu
o c, O ° c tig I
Op 4. cn -a 3 > a, V _ , Q i� O w c,
O ,C .%,. fn ..0 I,.. • = :,_ = Oa).1 .. V -� . .� mr c
IS E
, . .r .=I y am, „— •Iv) U U c .' '~ • •' c L .u, c ' 4 CQ 1 .- >� . _ ) cc ' 1' e3 cC ° . ccEv '•Cc 10 1 •
) co O cntl) a, n 'N c O• C .-. C...) I'O .-
a) 17s. c a
Ct Q c U a) 3 ' Q cC a)wV w V :.. .04. a.. 0 .•• CC, U •
•- 1. �
o p Q ^ Q C , c . .0 r RS( 4: z.. • •
U � U : l _
y t - Uita) ^ s.
Q " n nl a74
^ � „
1pI ! :hu
> . v `" a, c
> a, 7. 3 0 c c i = •° 'c •B `� I
•• •• 74 c - U w = .r ° Q a, en 5 : N v
c .. , r a> w ., 7 vw L �° s
.7 ` - 4 et a, 3 4 -v - L -a' y V .� ° , oNc Uw cO ? ° , .
c
F-
O 4 °s., c O pmow >, -Z 0 O a,
° w ❑ et c cQ0 :_ � c - a, Li.; • °
U 3 c ,„ 4. O • '- • a, a, c � •
c� � c . U '^ 0 .... -O 3 C w C C
O a) Q c w ; -!
as , la) „, — ..-. 01) c . c... c c • c o —I NI
w a, c.st '- R. w E .V cc, cw, 'sc—„ •_ U
75 c0 Qz • = . c • Q � 3 �
conveyance and provide the name, address and telephone number of the potential
grantee, and state that the requirements of this paragraph 1 B(ii)(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 Dwelling 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 Proffer For Affordable Housing Requirement. If there are more than 52
dwelling units within the Project such that the 15%Affordable Housing Requirement is
applicable then the Owner ma el•ct o make a ca h contribution to Albemarle Count for .11 or a
portion of the 15%Affordable Housing Requirement in the amount of Twenty-three Thousand,
Eight Hundred and Five Dollars and 30/Cents($23,805.30) for each such unit(s)(the"Affordable
Housing Cash Proffer") in lieu of constructing Affordable Dwelling Units as detailed in paragraph
1B. Any unit for which the Affordable Housing Cash Proffer is contributed as provided herein
shall count as an Affordable Dwelling Unit for purposes of this Paragraph 1 and 2 below.
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(a"Market
Rate Unit"), and that is in excess of the number of units that were allowed by right under the
zoning that was in existence prior to the approval of ZMA 2007-0004. Prior to the approval of
ZMA 2007-00004,the property was zoned R-6 Residential, and thus had by-right development
yield of 52 dwelling units. Therefore,the cash contribution for Market Rate Units shall begin after
a certificate of occupancy for the 52nd dwelling unit within the Project is issued and prior to the
Owner obtaining a certificate of occupancy for the 53rd dwelling unit within the Project. The cash
contributions 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 in
the following amounts:
(i). Seven Thousand Three Hundred and Thirty-Three and 18/1 OOs Dollars($7,333.18)for
each single-family detached dwelling unit;that is not an Affordable Dwelling Unit,
(ii). Five Thousand Four Hundred and Forty-Seven and 57/100s Dollars($5,447.57)for
each single family attached dwelling unit that is not an Affordable Dwelling Unit.
(iii). Seven Thousand Four Hundred and Nineteen and 91/100s Dollars($7,419.91) for
each multifamily dwelling unit that is not an Affordable Dwelling Unit.
(iv). Zero Dollars($0.00) for each Affordable Dwelling Unit.
3
B. Annual Adjustment of Cash Proffers. Beginning January 1 of each year following the
approval of this rezoning,the amount of each cash contribution required herein shall be adjusted
annually until paid,to reflect any increase or decrease for the preceding calendar year in the
Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry
Bearing Walls issued by Marshall Valuation Service(a/k/a Marshall& Swift)(the"Index")or the
most applicable Marshall&Swift index determined by the County if publication of the specific
index referenced herein in discontinued. In no event shall any cash contribution amount be
adjusted to a sum less than the amount initially established by these proffers. The annual
adjustment shall be made by multiplying the proffered cash contribution amount for the preceding
year by a fraction,the numerator of which shall be the Index as of December 1 in the proceeding
calendar year, and the denominator of which shall be the Index as of December 1 in the year
preceding the calendar year most recently ended(the"Annual Percentage Change").
3. Tree Preservation.As
A. If the Project is to be developed as per Scenario A of the Application Plan,as part of the
final site plan for the Project the Owner will submit a tree preservation plan(the"Scenario A Tree
Plan")for thirteen(13)trees within the Project,as shown on the Application Plan,which specifies
tree protection methods and procedures, including fertilizing,tree protection fencing,mulching,
and site construction activities which shall be complied with during and after development of the
Project.Prior to the final site plan approval,the Owner shall submit a bond or other form of surety
in the total amount of ($ Thirteen Thousand
Dollars and No/Cents($13,000.00). The bond or surety shall be submitted to guaranty the
replacement of those trees which are numbered 1, 1 A,2,3,4, 4A, 5, 7, 8, 9, 30, 31, and 32 on the
Application Plan(the"Scenario A Bonded Trees") in the event that any of the Scenario A Bonded
Trees die within a period of five(5)years after issuance of the last Certificate of Occupancy within
the Project.The bond or other surety shall be in a form acceptable to the County Attorney.
B. If the Project is to be developed as per Scenario B of the Application Plan, the Owner
will submit as part of the Code of Development for Oakleigh Farm a tree protection plan (the
"Scenario B Tree Plan") for thirty-nine (39) trees within the Project,as shown on the Application
Plan,which specifies tree protection methods and procedures, including fertilizing, tree protection
fencing and mulching which shall be complied with during and after development of the Project.
Prior to the final site plan approval, the Owner shall submit a bond or other form of surety in the
total amount of Twen y-Nine Thousand Dollars ($29,000). The bond or surety shall be submitted
to guaranty the replacement of those trees which are numbered 1, 1A, 2, 3,4,4A, 5, 6, 7, 8, 9, 10,
14, 16, 17, 19, 20, 21, 22, 24, 25, 27A, 30, 31, 32, 35, 38, 38A, and 44D on the Application Plan
(the"Scenario B Bonded Trees") in the event that any of the Scenario B Bonded Trees die within a
period of five(5)years after issuance of the last residential Certificate of Occupancy within the
Project. The bond or other surety shall be in a form acceptable to the County Engineer and the
County Attorney.
4.Pedestrian Easement. The Declaration of Covenants and Restrictions for the Project
shall contain a provision which grants a public right of pedestrian access over all sidewalks within
the Project.This right shall be in perpetuity and the Declaration shall name the County of
4
Albemarle, Virginia as a third-party beneficiary with the express right to enforce the provisions of
such public right of access.
5. Erosion and Sediment Control. 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 Prope y. (As a
reference, current regulatory structural measures achieve a 60%optimal removal rate.)
[SIGNATURE PAGE FOLLOWS]
•
WITNESS the following duly authorized signature:
Owner:
OAKLEIGH ALBEMARLE LLC,
a Virginia Limited Liability Company
By:
Printed Name:
Title:
31491018_45
6
Document comparison by Workshare Compare on Monday, December 19, 2016
4:28:32 PM
Input:
Document 1 ID interwovenSite://wm-iw-app/IWOVRIC/31491018/4
Description #31491018v4<IWOVRIC> - Oakleigh Proffers 2016
Amendment
Document 2 ID interwovenSite://WM-IW-APP/IWOVRIC/31491018/5
Description #31491018v5<IWOVRIC> - Oakleigh Proffers 2016
Amendment
Rendering set Standard
Legend:
Insertion
Deletion
Meved-fnani
Moved to
Style change
Format change
\io'cd deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 27
Deletions 14
Moved from 2
Moved to 2
Style change 0
Format changed 0
Total changes 45