HomeMy WebLinkAboutZMA201200008 Proffers 2012-10-15October 15, 2012 DRAFT
PROFFER STATEMENT
Original Proffers
Amendment X
ZMA No. 2012- Estes Park
Tax Map and Parcel Number(s): 03200 -00 -00 -03300 and 03200 -00 -00 -03400
Owner(s) of Record: Estes Park, LLC
Date of Proffer Signature: October_, 2012
12.75 acres to be rezoned from PRD to PRD
Estes Park, LLC (the "Owner ") is the owner of Tax Map and Parcel Number 03200 -00 -00 -03300 acquired by
deed dated June 11, 2012 from Clifford H. Fox, Jr., and Tax Map and Parcel Number 03200 -00 -00 -03400
acquired by deed dated June 11, 2012 from Benjamin Johnson Estes and Patricia Ann Paige. Tax Map and
Parcel Number 03200 -00 -00 -03300 and Tax Map and Parcel Number 03200 -00 -00 -03400 (the "Property ") is
the subject of rezoning application ZMA No. 2010 - 00011, a project known as "Estes Park" (the "Project "),
which includes an application plan prepared by Collins Engineering, LLC entitled "Estes Park Rezoning
Application Plan" with a latest revision date of June 20, 2011 (the "Application Plan "). This Proffer Statement
is an Amendment to that Proffer Statement approved in connection with ZMA 2010 - 00011.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily 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 a part of an amendment to the rezoning of ZMA 2010 - 00011, and the
Owner acknowledges that the conditions are reasonable.
1. Public Street.
As a condition for the issuance of the first certificate of occupancy for any structure on the Property, the
Owner shall design and complete construction of the public street identified as "Public Road D" shown on Sheet
3 of the Application Plan but which is located offsite from the Property on Tax Map and Parcel Numbers
046B4 -00 -00 -00500 and 046B4- 00- 00- 005A0.
A. Design and Construction. At a minimum, Public Road D shall be designed and constructed to
the "Typical Street Section Roads A, B, C, D — Public Road (51' Public ROW) Not to Scale" shown on
Sheet 3 of the Application Plan but shall, in any event, be designed and constructed to County and
VDOT standards, including the design and construction of related drainage, slope and utility easements,
as applicable. Construction of Public Road D shall be deemed complete when the County Engineer
determines that the roadway is safe and convenient for traffic.
B. Dedication. As part of the first subdivision plat or in conjunction with the first site plan for the
Project, the right -of -way for Public Road D shall be dedicated to public use. If the dedication is not
accomplished in conjunction with the first subdivision plat for the Project, the Owner shall prepare, or
cause to be prepared, a subdivision plat meeting the requirements of the Albemarle County Subdivision
Ordinance (Chapter 14 of the Albemarle County Code) to create a special lot composed of the right -of-
way for Public Road D, and the plat shall identify the Public Road D right -of -way as being dedicated to
public use.
Page 1 of 4
0
C
Cash Proffer for Capital Improvements Projects.
The Owner shall contribute cash on a per "market- rate" dwelling unit basis 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. A "market rate" unit is any unit in the subdivision that is not
considered an Affordable Unit as described in Proffer 3. The cash contributions shall be $19,200 cash for each
single family detached dwelling unit, other than a constructed affordable dwelling unit within the Project
qualifying as such under Proffer 3. The Owner's total cash contribution to Albemarle County to address impacts
upon the identified public facilities may be up to $1,113,600 if all dwelling units are single family detached (58
dwelling units x $19,200). The cash contributions shall be $13,000 cash for each single family attached dwelling
unit, other than a constructed affordable dwelling unit within the Project qualifying as such under Proffer 3. The
cash contribution shall be paid at the time of the issuance of the building permit for each new unit, unless the
timing of the payment is otherwise specified by state law.
3. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent (15 %) of the total residential units
constructed on the property as provided under Proffer 3a or 3b:
a. Cash Proffer. In lieu of constructing affordable dwelling units ( "Affordable Units ") for fifteen
percent (15 %) of the total number of Units, which would correspond to ten (10) affordable units, the Owner has
the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of
Twenty -One Thousand One Hundred Twenty -Five Dollars ($21,125) (the "Affordable Housing Cash Proffer ")
for each such unit as follows: the Owner shall pay the Affordable Housing Cash Proffer to the County, in ten
(10) increments; after an inspection and prior to the issuance of a certificate of occupancy for each of the
seventh (7 "1), fourteenth (14 "'), twenty -first (21st), twenty- eighth (2801), thirty -fifth (35 "'), forty- second (42nd),
forty -ninth (49th), fifty -sixth (56 "'), sixty -third (63rd), and sixty- eighth (680') dwelling unit within the Project.
The Owner's total cash contribution to Albemarle County in lieu of constructing affordable units will be between $0
Dollars (for 10 affordable dwelling units constructed) and $211,250 (for 0 affordable housing units constructed)
based on the total number of affordable units constructed within the Property for the purposes. The total cash
contribution due to Albemarle County at each of the ten payment periods as noted above shall be based on the
total number of affordable units built at that point in time.
b. For -Sale Units. The Owner maintains the right to construct all or a portion of the ten (10) affordable
units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any
subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or
developer(s) shall succeed to the duties of the Owner under this Proffer 3, and the term "Owner" shall refer to
such subsequent owner(s) and /or developer(s), as applicable.
(1) Affordability; Credit Thresholds. For the purposes of this Proffer 3(b), "affordable
housing" shall mean units affordable to households with incomes less than eighty percent (80 %) of the
area median income (as determined from time to time by the Albemarle County Office of Housing) 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; provided, however, that in no event
shall the selling price for such affordable units be more than sixty -five percent (65 %) of the applicable
Virginia Housing Development Authority (VHDA) maximum sales price /loan limit for first -time
homebuyer programs at the beginning of the 180 -day period referenced in Proffer 3(b)(2) hereof (the
"VHDA Limit ").
Page 2 of 4
S
(2) Sale of Affordable Units. All purchasers of the for -sale affordable units shall be approved
by the Albemarle County Housing Office or its designee (the "Housing Office "). At the proposed time
of construction of any affordable unit, the Owner shall provide the Housing Office a period of one
hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit.
The 180 -day qualification period shall commence upon written notice from the Owner to the Housing
Office of the approximate date the unit is expected to receive a certificate of occupancy from the County
(the "Notice "). Such Notice shall be given no more than ninety (90) days prior to the expected issuance
of the certificate of occupancy, and the 180 -day approval period shall extend no less than ninety (90)
days after the issuance of the certificate of occupancy. Nothing in this Proffer 3(b)(2) shall prohibit the
Housing Office from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of affordable units for approval by the Housing Office. If, during
the 180 -day qualification period, (i) the Housing Office fails to approve a qualified purchaser, or (ii) a
qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case, the
Owner shall have the right to sell the unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 3(b). This Proffer
3(b) shall apply only to the first sale of each of the for -sale affordable units.
(3) Tracking. Each subdivision plat and site plan for land within the Property shall designate the
lots or units, as applicable, that will, subject to the terms and conditions of this proffer, incorporate
affordable units as described herein, and the aggregate number of such lots or units designated for
affordable units within each subdivision plat and site plan shall constitute a minimum of fifteen percent
(15 %) of the lots in such subdivision plat or site plan.
4. Moubry Lane Interconnection and Construction Vehicle Access.
a. The Owner shall design and construct a bicycle /pedestrian and emergency access connection to
Moubry Lane to minimum AASHTO standards of a 20 -foot wide paved access road and shall place bollards
removable only by emergency service personnel, to prohibit any other vehicular access. This will be done to
provide a secondary means of access in case of emergency. The number and type of bollards shall be approved
in advance by Albemarle County's Division of Fire Rescue.
b. Moubry Lane shall not be used for construction access associated with the Project, except as
necessary for construction of the Moubry Lane Interconnection itself.
C. All construction traffic for the project shall enter the site through the existing access easement
from Proffit Road. Worth Crossing shall be closed and barricaded to construction traffic until such time as the
first certificate of occupancy is issued within the Project and Public Road D is constructed with curbing and a
base asphalt surface and the Owner has obtained from the County Engineer a written determination that the
street is safe and convenient for traffic.
5. Erosion and Sediment Control.
The Owner shall provide additional erosion and sediment control measures above and beyond the
standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook. The
additional measures to be implemented will consist of erosion control practices as outlined in the attached
memorandum from Scott Collins, Collins Engineering to Glenn Brooks, dated February 29, 2012 (Re: Estes
Park Rezoning — Additional Erosion and Sediment Control Measures). The County Engineer shall determine, in
consultation with the Owner, the appropriate measures to be implemented Design and implementation of these
erosion and sediment controls will be reviewed and be subject to prior approval by the County Engineer.
Page 3 of 4
a , V
6. Cost Index.
Beginning January 1, 2013, the amount of each cash contribution required by Proffers 2 and 3 shall be
adjusted annually until paid, to reflect any increase or decrease for the proceeding calendar year in the Marshall
and Swift Building Cost Index ( "MSI "). 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 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 $19,200 x 2012 MSI/2013 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 Section 6, provided, however, in no event shall the cash contribution amount paid by the
Owner be less than $19,200 per dwelling unit (the "Minimum Cash Contribution "). In the event that the Annual
Percentage Change shows an MSI decrease which would result in a cash contribution below the Minimum Cash
Contribution, then the Owner shall pay the Minimum Cash Contribution, HOWEVER, the following annual
adjustment shall be based on the cash contribution due pursuant to the formula set forth in this Section 6 (even if
less than the Minimum Cash Contribution paid), rather 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.
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:
OWNER
ESTES PARK, LLC, a Virginia limited liability company
Lo
Alan R. Taylor, Manager
17611583 4.DOC
Page 4 of 4