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Home My WebLink AboutZMA201300001 Approved ProffersI i Original Proffers X_ Amendment PROFFER STATEMENT ZMA No. 2013 - 00001, Lofts at Meadowereek 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: November 11, 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 June 10, 2013. Pursuant to Section 33.7 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. Rio Road Improvements. At its sole expense, the Owner shall plan, design, bond and construct the travel lane improvements on its land fronting Rio Road (State Route 63 1) in general accord with the Application Plan. The travel lane improvements shall be designed. and constructed to County and VDOT standards, including the design and construction of related drainage, slope and utility easements, as applicable. As a condition for the issuance of the first certificate of occupancy for any structure on the Property, the Owner shall complete construction of the travel lane improvements. Construction of the travel lane improvements shall be deemed complete when the County Engineer determines that the roadway is safe and convenient for traffic. In conjunction with the first site plan for the Project, the right -of -way for the travel lane improvements shall be dedicated to public use. 2. Transit Reservation Area. The Owner shall reserve on the first site plan for the Project 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 Property, upon demand of the County, the Owner, at its own expense, shall construct the bus pull -off to accommodate a bus pulling off Rio Road and picking up riders. 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. 3. Affordable Housing. The Owner shall provide affordable housing equal to twenty percent (20 %) of the "Affordable Units" or "Affordable Dwelling Units "). Each site plan for land within the Property shall note the aggregate number of units designated for Affordable Units. 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 not adjusted for family size (the "Affordable Unit Qualifying Income "), such that tenant -paid rent and tenant -paid utilities (with allowances for utilities to be those adopted by the Housing Office for the Housing Choice Voucher Program) 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 provided by the County Housing Office based on fair market rents published by the U.S. Department of Housing and Urban Development. 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 five (5) 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 approved by tine Board of Supervisors February 4, 2005, whichever comes first (tile "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, tine then - current owner shall provide to the Albemarle County Housing Office the unit number, last name of tenant, lease date, and lease amount. 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. Cash Proffer for Sidewalk Improvements. The Owner shall contribute cash to the County in the amount of Twenty Thousand Dollars ($20,000.00) for the purpose of funding the construction of a sidewalk or path (as determined by the County) along the western boundary of County tax map parcel 61 A -39 for a distance of approximately 175 feet. Such contribution shall be paid to the County prior to the issuance of the first certificate of occupancy for the Property. If the cash contribution has not been used by the County for the stated purpose within ten (10) years from the date of the issuance of the first certificate of occupancy for the Property, all unexpended funds shall be refunded to the Owner. Beginning January 1, 2014, the amount of the cash contribution required by this proffer 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 "). In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by this proffer. 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 l in the preceding calendar year, and the denominator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently - - - - - -- - -- — - - - - - -- --------- - - - - -- ----- - - - - -- ended. - 5. The Owner shall contribute cash on a per "market- rate" dwelling unit basis for the purposes of addressing the fiscal impacts of the development on the County's public facilities and infrastructure. The cash contribution shall be One Thousand and 00 /100 Dollars ($1000.00) for each residential dwelling unit other than an affordable dwelling unit qualifying as such under Proffer 3.The cash contribution shall be paid at the time of the issuance of the building permit for the Project, unless the timing of the payment is otherwise specified by state law. OWNER MARY J I KENS 21868516_2.doc