HomeMy WebLinkAboutZMA201300017 ProffersPROFFER STATEMENT
ZMA No. 2013 - 00017, Spring Hill Village
Tax Map: TMP 09000 -00 -00 -02800
Owner Of Record: Spring Hill Village Holdings, LLC
Date Of Proffer: July 7, 2014
12.99 Acres to be rezoned from Residential R 1 to NEIGHORHOOD
MODEL DISTRICT (NMD)
Project Address 1776 Scottsville Road
Contact Person Vito Cetta
1730 Owensfield Drive
Charlottesville, VA. 22901
434 - 531 -2192
Magisterial District: Scottsville
Vito Cetta is the manager of Spring Hill Village Holdings, LLC and will serve
as the owner's representative of Spring Hill Village Holdings, LLC which is
the owner of Tax Map and Parcel number TMP 09000- 00 -00- 02800. TMP
09000 -00 -00 -02800 is the subject of rezoning application ZMA No. 2013-
00017, a project known as Spring Hill Village. 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 March 31, 2014.
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 and as part of the requested rezoning and
the Owner acknowledges that the conditions are reasonable.
1. Affordable Housing. ( The affordable housing units will be provided
in the form of for sale or rental). The community could have as few as
80 units and as many as 100 dwelling units. The Owner shall provide
15% of the total units as affordable housing units, in accordance with
guidelines established by the Albemarle County Department of
Housing and approved by the Albemarle County Board of
Supervisors on February 4, 2004, within the Project in the form of a 2
or 3 story townhouses as shown on the Application Plan as units 40-
54 and ( if more are needed the units adjacent to unit 40 will be
made available as affordable). Each unit shall be located on a single
lot. The Owner shall have offered for rent or sale as provided herein,
each Affordable Housing Unit within the Project. The Owner shall
convey the responsibility of constructing the affordable units to the
subsequent owners of lots designated affordable on the site
development plans or plats. If a different number of units are built, the
number of affordable units will be adjusted accordingly.
(A). Rental Rates. The initial net rent for each for -rent
affordable unit shall not exceed the then - current and applicable
maximum net rent rate approved 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
purpose 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 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 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 "). The Owner of each Affordable Rental Unit
shall, at the request of the Albemarle County Office of Housing,
provide written reports documenting rental rates and occupancies of
the affordable units.
2.
(B.) For Sale. All purchasers of for -sale affordable units
shall be approved by the Albemarle County Office of Housing or its
designee. The Owner shall provide the County or its designee 180
days to identify and pre - qualify an eligible purchaser for the
affordable units. The 180 — day period shall commence upon written
notice from the Owner that the units will be available for sale. This
notice shall not be given more than 120 days prior to the anticipated
receipt of the certification of occupancy. If the County or its designee
does not provide a qualified purchaser during this period, the Owner
shall have the right to sell the units without any restriction on sales
price or income of purchaser. If these units are sold, this proffer shall
apply to the first sale of each unit. The maximum sales price for
affordable units (65% of VHDA's Maximum Sales Price for First -time
Homebuyers). The calculation currently put the maximum sale price
for affordable units at $211,250.
(C). Conveyance of Interest. All deeds 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. 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 1A. 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 1 C have been satisfied.
Cash Proffers for Residential Units. Beginning with the thirteenth
residential unit, The Owner shall contribute cash for each new
residential unit that is not classified as an affordable unit. This cash
contribution shall be 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. The cash
contribution shall be Twenty Thousand Four Hundred Sixty and
51/100 dollars ($20,460.57) cash for each new single family detached
dwelling unit. The cash contribution shall be Thirteen Thousand Nine
Hundred Thirteen and 18/100 dollars ($13,913.18) cash for each
single family attached or townhouse dwelling unit. 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.
Beginning January 1, 2015, 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 1 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.
3. Over Lot Grading: The owner shall submit an over -lot grading
plan ( hereinafter the "Plan ") meeting the requirements of this
paragraph 3 with the application for each subdivision phase of the
Property. The plan shall show existing and proposed topographic
features. The Plan shall be approved by the County Engineer prior
to approval of an Erosion ad Sediment Control plan. No building
permit shall be issued for any dwelling on a lot where the County
Engineer has determined the lot grading in not consistent with the
approved Plan. The plan shall satisfy the following:
a) The Plan shall show all proposed streets, building sites,
setbacks, surface drainage, driveways, trails and other features
the County Engineer determines are needed to verify that the
Plan satisfies the requirements of this proffer.
b) The Plan shall be drawn to a scale not smaller than (1) inch
equals fifty (50) feet.
c) All proposed grading shall be shown with contour intervals not
greater than two (2) feet. All concentrated surface drainage
over lots shall be clearly shown with the proposed grading. All
proposed grading shall be designed to assure that surface
drainage can provide adequate relief from the flooding of
dwellings in the event a storm sewer fails.
d) Graded slopes on lots proposed to be planted with turf grasses
(lawns) shall not exceed a gradient of three (3) feet of
horizontal distance for each one (1) foot of vertical rise or fall
(3:1). Steeper slopes shall be vegetated with low maintenance
vegetation as determined to be appropriate by the County's
program authority in its approval of an erosion and sediment
control plan for the land disturbing activity. These steeper
slopes shall not exceed a gradient of two (2) feet of horizontal
distance for each one (1) foot of vertical rise or fall, unless the
County Engineer finds that the grading recommendations for
steeper slopes have adequately addressed the impacts.
e) Surface drainage may flow across up to three (3) lots before
being being collected in a storm sewer or directed to a drainage
way outside of the lots.
f) No surface drainage across a residential lot shall have more
than one -half (1/2) acre of land drainage to it.
g) All drainage from streets shall be carried across lots in a storm
sewer to a point beyond the rear of the building site.
h) The plan shall demonstrate that an area at least ten (10) feet in
width, or to the lot line if it is less than ten (10) feet, from the
portion of the structure facing the street, has grades no steeper
that ten (10) percent adjacent to possible entrances to
dwellings that will not be served by a stairway. This area also
shall extend from the entrances to the driveways or walkways
connecting the dwelling to the street.
i) Any requirement of this proffer may be waived by submitting a
request for special exception with the over -lot grading plan. If
such a request is made, it shall include a justification for the
request containing a valid professional seal from a PE. LA or
LS type B. in reviewing a waver request, the County Engineer
shall consider whether the alternative proposed by the Owner
satisfies the purpose of the requirement to be waved to at least
an equivalent degree.
j) In the event that the County adopts overlot grading regulations
after the date this proffer is approved, any requirement of those
regulations that is less restrictive than any requirement of this
proffer shall supersede the corresponding requirement of this
proffer, subject to the approval of the Director of Community
Development.
4. Improvements to Scottsville Rd and Avon Extended
At its sole expense, the Owner shall plan, design, bond and construct
the improvements shown on the County approved engineering
drawings for both Scottsville Road and Avon Extended. The
improvements shall be designed and constructed to the County and
VDOT standards, including the design and construction of related
drainage, slope and utility easements as applicable. These
improvements need to be completed and approved by VDOT and the
County prior to the first certificate of occupancy for any structure on
the Property. As part of this process, the dedication to public use
shall be completed at the same time. The Owner shall obtain
approval of all road plans and bond prior to the issuance of the first
building permit or first approved subdivision plat, whichever comes
first, to ensure that these improvements can be completed in a timely
manner. The improvements shall be deemed to be complete when
they are accepted into the secondary system of highways or the
county Engineer determines that the roadway is safe an convenient
for travel.
This document shall supersede all other agreements, proffers or conditions
that may be found to be in conflict. These proffers shall be binding to the
property, which means the proffers shall be transferred to all future property
successors of the land.
WITNESS the following signature:
SPRING HILL VILLAGE HOLDING, LLC
C
Vito Cetta, Manager
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF to wit:
The foregoing instrument was acknowledged before me this day of
2013 by Vito Cetta, Manager of Barracks Heights, LLC, a
Virginia limited liability company.
My Commission expires:
Notary Public