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Home My WebLink AboutZMA201800004 Correspondence 2023-02-03DRAFT :�yo Yi zc)i a -- PROFFER STATEMENT WILLOW GLEN Date: May 21, 2018 ZMA#: 2018-_ Willow Glen Phases 2 through 4 Tax Map Parcel #: 03200-00-00-049F0,03200-00-00-049I0,03200-00-00-049JO and 03200-00-00-049BO Owners of Record: Dickerson Ridge, LLC; Barbara A. Peery and Tammy P. Grubb Approximately 20.27 acres to be rezoned from Planned Residential Development ("PRD") to Neighborhood Model Development ("NMD"). DICKERSON RIDGE, LLC is the owner of Tax Map Parcels 03200-00-00-049F0, 03200-00- 00-049I0, and 03200-00-00-049J0; and BARBARA A. PEERY AND TAMMY P. GRUBB are the owners of Tax Map Parcel 03200-00-00-049B0. All owners of such parcels are referred to herein, collectively, as the "Owner" and the parcels are collectively referred to herein as the "Property." The Property is the subject of the rezoning application identified by the County of Albemarle, Virginia (the "County") as "ZMA 2018- " for a project known as "Willow Glen Phases 2 Through 4" (the "Project"), which includes the application plan prepared by Edwards designStudio, PLLC entitled "Willow Glen, Rio District, Albemarle County, Virginia, Rezoning Amendment Application Plan" dated May 21, 2018 (the "Application Plan"). Capitalized terms not otherwise defined in this proffer statement shall have the same definitions as set forth in the Application Plan. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntary proffers the conditions listed below, which shall be applied to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as part of the proposed rezoning, and the Owner acknowledges 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-2006-19, as it relates to the Property. 1. Affordable Housing. The Owner shall provide affordable housing equal to fifteen percent (15%) of the total residential dwelling units within the Project. The Owner or its successors in interest reserve 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 (the "Affordable Dwelling Units" or "Affordable Units"). A. For -Sale Affordable 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 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 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). Carriage units, as defined in the Application Plan, shall not exceed twenty-five percent (25%) of the total Affordable Units. B. For -Lease Affordable Dwelling Units. (i) The initial net rent for each for -rent Affordable Unit shall not exceed the then -current and applicable maximum net rent as published by the County Housing Office. In each subsequent calendar year, the monthly net rent for each for -rent Affordable Unit may be increased up to three percent (3%). For purposes of this proffer statement, the term "net rent' means that the rent does not include tenant -paid utilities. The requirement that the rents for such for -rent Affordable Units may not exceed the maximum rents established in this Proffer 1(B) 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 Unit, or until the units are sold as low income 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"). (ii). Conveyance of Interest. All instruments conveying any interest in the for -rent Affordable Units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this Paragraph 1(B). In addition, all contracts pertaining to a conveyance of any for -rent Affordable 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 I (B). 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 1(B) 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 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. Phasing of Affordable Units. Prior to the issuance of approval of the Certificate of Occupancy for the fifty-second (52nd) dwelling unit within the Project, the Owner shall construct seven (7) Affordable Units. Prior to the issuance of approval of the Certificate of Occupancy for the ninety-third (93`d) dwelling unit within the Project, the Owner shall construct 2 seven (7) additional Affordable Units. Prior to the issuance of approval of the Certificate of Occupancy for the one -hundred and sixteenth (1161h) dwelling unit within the Project, the Owner shall construct three (3) additional Affordable Units. If a subdivision plat shows the creation of residential lots where the fifty-second (52"d), ninety-third (93`d), or one -hundred and sixteenth (116`h) dwelling units will be constructed, each such subdivision plat shall show and designate the required Affordable Units, pursuant to the above. All subdivision plats submitted which create lots without the aforementioned dwelling units are not required to designate Affordable Units and shall simply refer to previous or future plats, as applicable. D. Inspections. The County shall have the right, upon reasonable notice and subject to all applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of assuring compliance with this Paragraph 1. 2. Connection to Town Center Drive. The Owner shall complete construction of an extension of "Road D" as shown on the Application Plan as a vehicular connection to the future Town Center Drive in the area shown on the Application Plan, to the standards contained in Sections 14-410H and 14-422 of the County Code and shown on the sheet of the Application Plan entitled "Conceptual Road Sections" (the "Town Center Drive Connection"). The Town Center Drive Connection shall be completed by the later to occur of. (a) eighteen (18) months after issuance of a final site plan approval for the first phase of the Project; or (b) eighteen (18) months after the owner of tax map parcel 32-50 dedicates to public use the public right-of-way determined to be appropriate by VDOT and the County Engineer for the Town Center Drive Connection, and also dedicates to the Owner all drainage, construction and other easements necessary for the Owner to construct the Town Center Drive Connection. For purposes of this proffer 3, construction of the Town Center Drive Connection shall be deemed complete when it is ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the state -maintained system, and the Owner has obtained from the County Engineer a written determination that the Town Center Drive Connection is safe and convenient for traffic. The Town Center Drive Connection may be shifted from the area shown on the Application Plan to a location more suitable to both the Owner and the County which still provides access from Willow Glen to Town Center Drive, upon approval of the County Engineer and the Owner. THIS PROFFER HAS BEEN SATISFIED IN FULL. [SIGNATURE PAGE IMMEDIATELY FOLLOWS] 35973789 4.doc WITNESS the following duly authorized signatures: 35973789_4.doc Owner: DICKERSON RIDGE LLC, a Virginia limited liability company L-fi I� MM George R. Jay, Jr., Member and Sole Manager Barbara A. Peery Tammy P. Grubb [A]