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HomeMy WebLinkAboutZMA202200004 Proffers 2022-10-04Original Proffers X Amendment DRAFT PROFFER STATEMENT ZMA Number and Name: 2022-00004 1906 Avon Street Extended Parcel ID Numbers: 09000-00-00-03300, 09000-00-00-033130, 09000-00-00-033C0 Owners: Smith, Jeannette D. Date of Proffer Signature: XX, 2022 3.643 acres to be rezoned from R-1 Residential to R-15 Residential Jeannette D. Smith is the owner (the "Owner") of Tax Parcels 09000-00-00-03300, 09000-00-00- 033130, and 09000-00-00-033CO (the "Property") which together are the subject of rezoning application ZMA No. 2022-OOOXX, a project known as "1906 Avon Street Extended" (the "Project"). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below, which shall be applied to the Property if it is rezoned to the requested zoning district, R-15 Residential. These conditions are proffered as a part of the requested rezoning and the Owner specifically deems the following proffers reasonable and appropriate, as conclusively evidenced by the signature below. The signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1. CONCEPT PLAN: The property shall be developed in general accord with the Zoning Map Amendment Concept Plan + Exhibits, prepared by Shimp Engineering, dated May 11, 2022, revised XX, 2022 and shall reflect the following major elements as shown and noted on the Concept Plan and Exhibits: a. the internal street network, pedestrian connections, and building envelopes on Sheet 5 b. the setbacks as noted on Sheet 4 c. the maximum building height shall not exceed 40', the maximum building height noted in the Concept Plan and Exhibits d. the total number of residential units shall not exceed 38, the maximum noted in the Concept Plan and Exhibits 1 2. AFFORDABLE HOUSING: 15% of the total residential dwelling units built within areas designated for residential use within the project shall be Affordable Dwelling Units (the "15% Affordable Housing Requirement"). The 15% Affordable Housing Requirement may be met through a variety of housing types, including but not limited to, for -sale units or rental units. a. For -Sale Affordable Dwelling Units: All purchasers of the affordable units shall be approved by the Albemarle County Community Development Department or its designee ("Community Development"). A for -sale Affordable Dwelling Unit shall mean any unit affordable to households with income less than eighty percent (80%) of the area median income (as determined by the U.S. Department of Housing and Urban Development (HUD) from time to time) such that housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income. The Applicant or its successor shall provide the County or its designee a period of ninety (90) days to identify and prequalify an eligible purchaser for the for -sale Affordable Dwelling Units. The ninety (90) day period shall commence upon written notice from the Applicant, or its successor, that the unit(s) will be available for sale. This notice shall not be given more than sixty (60) days prior to receipt of the Certificate of Occupancy for the applicable for -sale Affordable Dwelling Unit; the County or its designee may then have thirty (30) days within which to provide a qualified purchaser for such for sale Affordable Dwelling Unit. If the County or its designee does not provide a qualified purchaser during the ninety (90) day period, the Applicant or its successor shall have the right to sell the unit(s) without any restriction on sales price or income of the purchaser(s). This shall apply only to the first sale of each of the for -sale Affordable Dwelling Units. b. For -Rent 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 eighty percent (80%) 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 tenant -paid utilities or Homeowners Association fees. 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 2 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 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 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. c. Trackin¢: Each subdivision plat and site plan for land within the Property shall designate lots or units, as applicable, that will satisfy the 15% Affordable Housing Requirement. Such subdivision plat(s) or site plan(s) shall not be required to identify the method by which the 15% Affordable Housing Requirement will be satisfied. The aggregate number of such lots or units designated for affordable units within each subdivision plat or site plan shall constitute a minimum of fifteen percent (15%) of the lots or units in such subdivision plat or site plan, unless such subdivision plat or site plan does not contain any residential uses. The Applicant, at the Applicant's option, may accelerate the provision of affordable units ahead of the 15% Affordable Housing Requirement and shall be entitled to receive credit on future subdivision plat(s) or site plan(s) for any such units provided beyond the 15% Affordable Housing Requirement. (Signature Pages Immediately Follow) N WITNESS the following signatures: OWNER: Owner of Tax Parcels 09000-00-00-03300, 09000-00-00-033130, 09000-00-00-033C0: JEANNETTE D. SMITH COMMONWEALTH OF VIRGINIA CITY/COUNTY OF I to wit: The foregoing instrument was acknowledged before me this _day of by Jeannette D. Smith. My Commission expires: Notary Public 2022 D