HomeMy WebLinkAboutZMA201300016 ProffersJuly 7, 2014
PROFFER STATEMENT
ZMA No. 2013 -016 Avinity II
Original Proffers X
Amendment
Tax Map and Parcel Number(s): 09100- 00- 00- 016A0, 09100- 00- 00- 016CO3 09100- 00- 00- 016E0, and portion
of 09100 -00 -00 -01400
Owner(s) of Record: Wallace B. Hughes; Moss Acquisitions, LLC; and Avon Properties, LLC
Date of Proffer Signature: July _, 2014
13.453 acres to be rezoned from R -1 & PRD to NMD
Wallace B. Hughes the owner of Tax Map and Parcel Number 09100- 00- 00- 016A0; Moss Acquisitions, LLC
is the owner of Tax Map and Parcel Number 09100- 00- 00- 016C0; and Avon Properties, LLC is the owner of
Tax Map and Parcel Number 09100- 00- 00 -016EO and portion of 09100- 00 -00- 01400; all the owners of such
parcels are referred to herein, collectively as the "Owner" and the parcels are referred to herein collectively as
the "Property." The Property is the subject of the rezoning application,. ZMA 2013 -016, for a project to be
known as "Avinity II" (the "Project "), which includes an application plan prepared by Collins Engineering
entitled, "Avinity II Planned Residential Development (PRD) Application Plan" and with latest revision date of
July _, 2014 (the "Application Plan ").
Pursuant to Section 33 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 proposed rezoning, and the Owner acknowledges that the
conditions are reasonable.
1. Cash Proffer for Capital Improvements Proiects.
The Owner shall contribute cash on a per "market- rate" dwelling unit basis in excess of the number of
units that are allowed by right under the zoning in existence at the time of this zoning map amendment 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. For the purposes of this Proffer 1, the number of
units allowed by right under the applicable zoning is twelve (12). A "market rate" unit is any unit in the Project
that is not considered an Affordable Dwelling Unit as defined in Proffer 2. The cash contributions shall be
Twenty Thousand, Four Hundred Sixty and 57/100 Dollars ($20,460.57) cash for each single family detached
dwelling unit, other than an Affordable Dwelling Unit within the Project.In other words, the cash contributions
for the "market rate" single family units shall begin after the twelfth (12) market rate unit is constructed. The
cash contributions shall be Thirteen Thousand Nine hundred thirteen and 18/100 Dollars ($13,913.18) cash for
each single family attached or townhouse dwelling unit, other than an Affordable Dwelling Unit within the
Project qualifying as such under Proffer 2. 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.
2. Affordable Housing.
The Owner shall provide affordable housing equivalent to fifteen percent (15 %) of the total residential
units constructed on the Property . The Owner or its successors in interest reserve the right to meet the
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affordable housing objective through a varietyof housing types, or through cash contributions, as more
particularly described below. For the purposes of this Proffer 2, "Affordable Dwelling Unit" shall mean any
unit 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 2(b)(2) hereof (the "VHDA Limit ").
A. For -Sale Affordable Dwelling. The Owner may meet the 15% affordable housing
objective by constructing all or a portion of the Affordable Dwelling Units. The Owner shall impose by
contract the responsibility herein of constructing and selling the Affordable Dwelling Units to any subsequent
owner or developer of the Property (or any portion thereof). Such subsequent owner(s) and/or developer(s)
shall succeed to the obligations of the Owner under this Proffer 2; and the term "Owner" shall refer to such
subsequent owner(s) and/or developer(s), as applicable.
(1) Role of County Housing. All purchasers of the for -sale Affordable Dwelling 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 Dwelling 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 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 Dwelling 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 Dwelling 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 2. This Proffer 2 shall apply only to the first sale of each of the for -sale
Affordable Dwelling Units. If at any time prior to the County's approval of any preliminary site
plan or subdivision plat for the Property which includes one or more for -sale Affordable
Dwelling Units, the Housing Office informs the then - current Owner in writing that it may not
have a qualified purchaser for one or more of the for -sale Affordable Dwelling Units at the time
that the then - current Owner/builder expects the units to be completed and that the Housing
office will instead accept a cash contribution to the Housing Office to support affordable
housing programs in the amount of Twenty -one Thousand One Hundred Twenty -Five Dollars
($21,125.00) in lieu of each Affordable Dwelling Unit(s), then the then - current Owner/builder
shall pay such cash contribution to the Housing Office prior to obtaining a certificate of
occupancy for the unit(s) that were originally planned to be Affordable dwelling Units, and the
then - current Owner/builder shall have the right to sell the unit(s) without any restriction on
sales price or income of the purchaser(s). If the cash contribution has not been exhausted by
the Housing Office for the stated purpose within five (5) years of the date it was contributed, all
unexpended funds shall be refunded to the party that contributed the funds. For the purposes of
this Proffer 2, such Affordable Dwelling Units shall be deemed to have been provided when the
subsequent owneribuilder provides written notice to the Albemarle County Office of Housing
or its designee that the unit(s) will be available for sale.
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(2) Tracking. Each subdivision plat and site plan for land within the Property shall: i) designate the lots
or units, as applicable, that will constitute Affordable Dwelling Units within such subdivision plat or site plan
and ii) contain a running talley of the Affordable Dwelling Units either constructed or contributed for under this
Proffer 2. B. Cash In Lieu of Constructing Affordable Dwelling Units. In lieu of constructing Affordable
Dwelling Units, the Owner has the option of making cash contributions to Albemarle County for the affordable
housing program in the amount of Twenty -One Thousand One Hundred Twenty -Five and 00 /100 Dollars
($21,125.00) (the "Affordable Housing Cash Payment ") for each such Unit.
C. Prior to the issuance of the forty- eighth (48th) building permit for a market rate dwelling unit within
the Property, the then - current Owner /builder shall obtain certificates of occupancy for (or make an
Affordable Housing Credit Payment on account of) seven (7) Affordable Dwelling Units within the
Property. Prior to the issuance of the ninety -sixth (96th) building permit for a market rate dwelling
unit within the Property, the then - current Owner/builder shall obtain certificates of occupancy for (or
make an Affordable Housing Cash Payment on account of) seven (7) additional Affordable Dwelling
Units within the Property. Prior to the issuance of the final building permit for a market rate dwelling
unit within the Property, the Owner shall obtain certificates of occupancy for (or make an Affordable
Housing Cash Payment on account of) all of the remaining required Affordable Dwelling Units within
the Property.
3. Cost Index.
Beginning January 1, 2015, the amount of each cash contribution required by Proffers 1 and 2 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 due 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 $20,460.57 x 2015 MSI /2014 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 Proffer 3 (the amount derived from such formula shall be referred to hereinafter as the "Cash
Contribution Due "), provided, however, in no event shall the cash contribution amount paid by the Owner be
less than $20,460.57 per single family detached dwelling unit and $13,913.18 per single family attached or
townhouse dwelling unit under Proffer 1 or $21,125.00 per Affordable Dwelling Unit under Proffer 2 (the
"Minimum Cash Contribution "). The Annual Percentage Change shall be calculated each year using the Cash
Contribution Due, even though it may be less than the Minimum Cash Contribution, HOWEVER, the amount
paid by the Owner shall not be less 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 signatures:
OWNER:
Moss Acquisitions, LLC, a Virginia limited liability company
Alan R. Taylor, Manager
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Wallace B. Hughes
Wallace B Hughes
Avon Properties, LLC, a Virginia limited liability company
Alan R. Taylor, Manager
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