HomeMy WebLinkAboutLOD202200003 Letter of Determination 2022-04-28!^` OF dGgE�i
County of Albemarle
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DEPARTMENT
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March 31, 2022
Mr. Alan R. Taylor
Brookhill Investments, LLC
455 Second Street, SE, Suite 201
Charlottesville, VA 22902
Re: Affordable Housing Proffer (Proffer 4) — Brookhill ZMA 2018-00011
Dear Mr. Taylor,
401 McIntire Road, North
Wing Charlottesville, VA
22902-4579
Telephone: 434-296-5832
WWW.ALBEMARLE.ORG
This letter is to provide an official zoning determination on the affordable housing proffer (Proffer
4) in the amended and approved Brookhill proffer statement (ZMA 2018-00011), dated April 18,
2019 (hereinafter, the "Brookhill Proffer Statement'), and in the original Brookhill rezoning proffer
statement (ZMA 2015-007), dated October 13, 2016. For purposes of this official determination
letter, the Brookhill Proffer Statement applies.
Background Information
Proffer 4 of the Brookhill Proffer Statement provides in part: "The Owner shall provide affordable
housing equal to fifteen percent (15%) of the total number of residential units constructed on the
Property." The Brookhill rezoning allows up to 1,550 dwelling units to be constructed at full build -
out. Based on that full build -out scenario, 233 affordable units must be provided. The proffer
statement also allows for cash -in -lieu of the affordable units, under Proffer 4(C). Nothing
contained within this letter negates any provision of the Brookhill Proffer Statement, including the
provisions of Proffers 4(C) and 6 (Credit for In -Kind Contributions).
Current Status of the Affordable Housing Proffer
Based on the attached spreadsheet dated February 7, 2022 (hereinafter, the "Rent Roll Detail'),
staff has confirmed both (a) that 241 of the listed housing units currently meet the affordability
requirements detailed below and (b) that these 241 units qualify as affordable rental housing
under the Brookhill Proffer Statement. Based on the requirement of 15% affordable units, the
current provision of 241 affordable units allows for the construction of 1,550 total housing units.
Proffer 4(B)(1) provides that the maximum rents apply for a period of ten (10) years following the
date the certificate of occupancy is issued for each affordable rental unit. The attached Rent Roll
Detail spreadsheet includes an affordable tracking tab to track each year of the ten-year
affordability period.
This determination is based on the following affordability calculations:
Affordable Rental Rates — Under Proffer 4(B)(1), the maximum rental rate necessary for
the rental housing units to comply with the proffer "shall not exceed the then -current
and applicable maximum net rent rate approved by the Albemarle County Housing
Office." By consistent County administrative practice, the rental rate necessary to
satisfy the affordable housing proffer may not exceed 30% of 80% Area Median Income
(AMI), as listed and annually updated on the Virginia Housing (formerly VHDA) website:
httos://www.virginiahousing.com/partners/housing-choice-vouchers/income-limit-table
As of this determination, the HUD Area Median Income (AMI) for Albemarle County, as
shown on the Virginia Housing website, is $93,700.00. For the purposes of this
calculation, it is assumed that two people reside in a one -bedroom unit, that four people
reside in a two -bedroom unit, and that six people reside in a three -bedroom unit.
Therefore a .8 household multiplier is applied to a one -bedroom unit, a 1.0 household
multiplier is applied to a two -bedroom unit, and a 1.16 multiplier is applied to a three -
bedroom unit. As listed on the Virginia Housing website, the 80% income limit
($74,950) is for a four -person household. Therefore, a two -person household has a
maximum income limit of $59,960 (80% x .8 household multiplier), a six -person
household has a maximum income limit of $88,942 (80% x 1.16 multiplier), and the
initial net rent rate for affordable units must not exceed the amounts listed below:
One -bedroom unit: $1,499 (80% of current year AMI of $93,700 x .8 household
multiplier = $59,960 x 30% (approved percentage of household income applicable to
rent) _ $17,988 annual rent -12 = $1,499 monthly rent)
Two -bedroom unit: $1,873.75 per month (80% of current year AMI of $93,700 x 1.0
household multiplier = $74,950 x 30% (approved percentage of household income
applicable to rent) _ $22,485 annual rent _ 12 = $1,873.75 monthly rent).
Three -bedroom unit: $2,173.55 per month (80% of current year AMI of $93,700 x 1.16
household multiplier (approved percentage of household income applicable to rent) _
$86,942 x 30% _ $26,082.60 annual rent _ 12 = $2,173.55 monthly rent).
2. For -Sale Affordable Housing Price — Affordable for -sale housing prices are based on
80% of AMI and may not exceed 65% of VHDA's maximum sales price for first-time
homebuyers. For the Charlottesville area, the current maximum sales price for new and
existing construction is $375,000. The resulting current maximum affordable sales price
is $243,750. However, these amounts are subject to regular updates on the Virginia
Housing website at httos://www.virginiahousing.com/partners/housing-choice-
vouchers/income-limit-table, and the actual maximum affordable sales price will be
established when the affordable unit is listed for sale.
For continued qualification, the developer must provide an updated Rent Roll Detail, including the
affordable tracking tab for each year of the affordability period, annually to the Albemarle County
Housing Office. The annual update must incorporate updated rental figures and any adjustments
to the AMI shown on the Virginia Housing website referenced above.
You may have a right to appeal this determination within thirty (30) days of this notice, in
accordance with Virginia Code § 15.2-2311. This determination shall be final and unappealable
if not appealed within 30 days.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee
of $295.36. This fee includes the $284 application fee and the 4% Technology surcharge of
$11.36. Additionally, a separate fee of $448 is required for the cost of providing notice and
advertising of the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at
httos://www.aIbemarle.org/home/showpublisheddocument/216/637617797415170000.This form
applies to appeals of decisions of the zoning administrator or any other administrative officer
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pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in
Albemarle County Code § 18-34.3, which may be reviewed online at
If you have any further questions, please do not hesitate to contact me.
Sincerely,
Bart J. Svooboda Zoning Administrator
Albemarle County, Virginia
CC: File LOD202200003
Andy Herrick, Deputy County Attorney
Stacy R. Pethia, Housing Policy Manager
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