HomeMy WebLinkAboutZMA201300001 Proffers Statement - UnsignedOriginal Proffers X
Amendment
PROFFER STATEMENT
ZMA No. 2013 - 00001, Lofts at Meadowcreek
Tax Map and Parcel Number(s): 061AO -00 -00 -01500 and 061AO -00 -00 -01700
Owner(s) of Record: MARY J. DICKENS
Date of Proffer Signature: APRIL _, 2013
2.8 +/- acres to be rezoned from RESIDENTIAL - R -4 to NEIGHBORHOOD MODEL DISTRICT (NMD)
MARY J. DICKENS is the owner (the "Owner ") of Tax Map and Parcel Number 061AO -00 -00 -01500 and
061AO -00 -00 -01700 (the "Property ") which is the subject of rezoning application ZMA No. 2013 - 00001, a
project known as "LOFTS AT MEADOWCREEK" (the "Project "). The term "Owner" as referenced herein
shall include within its meaning the owner of record and successors in interest. The "Application Plan" refers to
Exhibit A to the Code of Development last revised April 8, 2013
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 the requested rezoning and the Owner acknowledges that the
conditions are reasonable.
1. Rio Road Improvements. At its expense, the Owner shall plan, design, bond and construct travel lane
improvements to be dedicated for public use on its land fronting Rio Road (State Route 63 1) in general
accord with the Application Plan.
2. Transit Reservation Area. The Owner shall reserve an area for a bus pull -off from Rio Road within the
northwest portion of the Property within the common open space in general accord with the Application
Plan. Should fixed -route bus service associated with the Charlottesville Area Transit (CAT) ever be
extended to serve the section of Rio Road adjacent to the site, upon demand of the County, the Owner,
at its own expense, shall construct the bus stop to accommodate a bus pulling off Rio Road and picking
up riders in a dedicated lane located within the Property. In conjunction with the bus pull -off area, the
Owner shall also construct a small transit shelter to complete the bus stop. The specific design standards
of the bus pull -off and the shelter shall be determined by VDOT, CAT, and the Director of Community
Development within sixty days of the County's formal request for the transit stop. In the absence of any
fixed -route service, the Project shall be designed to accommodate the CAT On- demand Link or JAUNT
service within the community as a means of providing public access to residents per the existing
programs.
Affordable Housing. The Owner shall provide affordable housing equal to twenty percent (20 %) of the
total residential dwelling units within the Project in the form of for -lease affordable dwelling units (the
"Affordable Units" or "Affordable Dwelling Units "). Each site plan for land within the Property shall
designate the units that will, subject to the terms and conditions of this proffer, incorporate Affordable
Units as described herein, and the aggregate number of such units designated for Affordable Units
within each site plan shall constitute a minimum of twenty percent (20 %) of the units in such site plan.
The Owner shall convey the responsibility of constructing the affordable units to any subsequent
purchaser of the Property. The current Owner or subsequent Owner shall create units affordable to
households with incomes less than 80% of the area median family income (the "Affordable Unit
Qualifying Income "), such that housing costs consisting of principal, interest, real estate taxes and
homeowner's insurance (PITI) do not exceed 30% of the Affordable Unit Qualifying Income.
A. Rental Rates for Affordable Units The initial net rent for each for -rent Affordable Unit when the
Unit(s) is available for occupancy 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 paragraph 3A 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 affordable units as defined by the County's Affordable Housing Policy, whichever
comes first (the "Affordable Term ").
B. 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 3. 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 3. At least thirty (30) days prior to the
conveyance of any interest in any for -rent affordable 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 3
have been satisfied.
C. Reporting of 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.
4. "Workforce" Housing: The Owner shall provide "Workforce Housing" housing equal to twenty percent
(20 %) of the total residential dwelling units within the Project in the form of for -lease "Workforce
Dwelling Units" (the "Workforce Units" or "Workforce Dwelling Units "). Each site plan for land
within the Property shall designate the units that will, subject to the terms and conditions of this proffer,
incorporate Workforce Units as described herein. The Owner shall convey the responsibility of
constructing the Workforce Units to any subsequent purchaser of the Property. The current Owner or
subsequent Owner shall create units affordable to households with incomes less than 120% of the area
median family income (the "Workforce Unit Qualifying Income "), such that housing costs consisting of
principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed 30% of the
Workforce Unit Qualifying Income.
A. Rental Rates Workforce Units The initial net rent for each for -rent Workforce Unit when the
Unit(s) is available for occupancy 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 Workforce 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 Workforce Units may not exceed the maximum
rents established in this paragraph 4A 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 Workforce Unit, or until the
units are sold as low or moderate cost units qualifying as such under the County's Affordable
Housing Policy (the "Workforce Unit Term ")
B. Conveyance of Interest — All instruments conveying any interest in the for -rent Workforce Units
during the Workforce Units Term shall contain language reciting that such unit is subject to the
terms of this paragraph 4. In addition, all contracts pertaining to a conveyance of any for -rent
Workforce Unit, or any part thereof, during the Workforce Unit Term shall contain a complete and
full disclosure of the restrictions and controls established by this paragraph 4. At least thirty (30)
days prior to the conveyance of any interest in any for -rent Workforce Unit during the Workforce
Unit 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 4 have been satisfied.
C. Reporting of Rental Rates — During the Workforce Unit Term, within thirty (30) days of each rental
or lease term for each for -rent Workforce 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 Workforce Unit 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.
OWNER
MARY J. DICKENS
21039460_2.doc