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HomeMy WebLinkAboutZMA201400004 Review Comments Zoning Map Amendment 2014-12-12vIRGIN� County of Albemarle Department of Community Development Memorandum To: Megan Yaniglos, Senior Planner From: Rebecca Ragsdale, Senior Planner Division: Zoning Date: 12/12/14- comments on 11/17/14 revisions Subject: ZMA 2014 -04 Old Trail Village amendment To update the proffer for consistency with more recent affordable housing proffers, it is recommended, if supported by the Housing Director, that paragraph 2A be revised. Sample language is attached. Note h. could still use some clarification I believe and providing an example would help. Is going up to 13 dwelling units an acre, or 17 units an acre, meant to include a carriage house unit in that count of units towards density? SAMPLE AFFORDABLE HOUSING LANGUAGE 2. Affordable Housing. A. For -Sale Affordable Dwelling Units. 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 Office. 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. For the purposes of this Proffer 2, such Affordable Dwelling Units shall be deemed to have been provided when the subsequent Owner /builder provides written notice to the Albemarle County Office of Housing or its designee that the unit(s) will be available for sale. B. Cash In Lieu of Constructing 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 County 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 after the date it was contributed, all unexpended funds shall be refunded to the party that contributed the funds.