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Home My WebLink AboutZMA200600005 Action Letter, 4 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Whig Charlottesville, Virginia 22902-4596 Phone 0341296-5832 Fax (434) 9-2-4012 October 29, 2007 Mark Keller Terra Concepts. P.C. 200 6th Street, NE Charlottesville, VA 22902 RE: ZMA-2006-005 Avinity (Sign #75) TM 90 Parcels 35J, 35K and 351; TM 91 Parcel 14 Dear Mr. Keller: The Board of Supervisors approved your rezoning application on June 13, 2007, Your rezoning from R-1 Residential to PRD Planned Residential Development for a maximum of 124 dwelling units was approved in accordance with the application plan dated March 28, 2007 and the attached proffers dated June 1, 2007, Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: compliance with applicable PROFFERS; • approval of and compliance with SITE PLAN(s) and/or SUBDIVISION PLAT(s); and approval of ZONING COMPLIANCE CLEARANCE. If you have questions or comments regarding the above -noted action, please do not hesitate to Contact Sherri Proctor at 296-5832, Sincerely, V vllayne'tilimbera ,ji. ectol- of Plarinma �'c. Avor Properties 'LL P 0 Box 520 Crozet VA 22932 Tex Weaver Onuck Proctor 'VDGT Steve Alish",se Sher -i Proctor PROFFER FORM "AVINITY" Or -offerix 229in.l Pro,,, Amended Proffer (Amendment #7 -Date: 611/2007 05 Tax Map and Parcel Number s): 91-14, 90-351, 90-35J, & 90-35K Owner: roperties, LLC 9.33 Acres to be rezoned from R-1 to PRD in accordance with plan entitled "Rezoning Request Avinity Albemarle County, Virginia" prepared by Terra Concepts and last revised on March 28, 2007 Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. AFFORDABLE HOUSING The Owner shall provide the equivalent of nineteen (19) residential dwelling units as "affordable units" for sale or lease. The nineteen (19) units shall be comprised of one or more of the following unit types: single-family attached housing (townhouses) or condominiums. The Owner or his successor in interest reserves the right to achieve the nineteen (19) equivalent affordable units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below. A) For -Sale Affordable Units - Affordable units shall be affordable to households with incomes less than eighty percent (80%) of the area median family income (the "Affordable Unit Qualifying Income"), such that the housing costs consisting of principal, interest, real estate taxes, and homeowner's insurance (PITT) do not exceed thirty percent (30%) of the Affordable Unit Qualifying Income, provided, however, that in no event shall the selling price of such affordable units be required to be less than the greater of One Hundred Ninety Thousand Four Hundred Dollars ($190,400) or sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) maximum mortgage for first-time home buyers at the beginning of the 90 -day identification and qualification period referenced below. The Owner or his successor in interest may at its option provide down payment assistance or soft seconds (silent second mortgages) to reduce the costs to the homebuyer, so that the resultant first mortgage and housing costs remain at, or below, the parameters described above. All financial programs or instruments described above must be acceptable to the primary mortgage lender, Any Soft second (silent second mortgage) executed as part of the affordable housing proffer shall be donated to a local fund designated by the Albemarle County Office of Housing. Each dwelling unit qualifying under these parameters counts as one (1) affordable unit. B) For -Lease Affordable Units - For a period of five (5) years following the date the certificate of occupancy is issued by the County for each for -lease 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"), such units shall be leased to households with incomes less than the Affordable Unit Qualifying Income. No for - lease affordable unit may be counted more than once towards the number of for -lease affordable dwelling units required by this Section 1. (I) Definition of For -Lease Affordable Units - Paragraph 1 shall mean that the gross lease amount including tenant paid utilities shall not exceed one -hundred twenty (120%) percent of the fair market value of rentals published by the Department of Housing and Urban Development. (ii) Conveyance of Interest - All deeds conveying any interest in the for -lease affordable units during the Affordable Term shall contain language reciting that such unit is subject to the terms of this Section 1(B). In addition, all contracts pertaining to a conveyance of any for -lease 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 Section 1(B). Prior to the conveyance of any interest in any for -lease 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 Section 1 (B)(i) and I (13)(ii) have been satisfied. (iii). Annual Reporting - During the Affordable Term and within ninety (90) days following the end of each calendar year, the then -current owner shall provide to the Albemarle County Housing Office or its designee a certified annual report of all for -lease affordable units for the immediately preceding year in a form and substance reasonably acceptable to the County Housing Office. Subject to all federal, state and local housing laws, and upon reasonable notice during the Affordable Term, the then -current Owner shall make available to the County at the then -current Owner's premises, if requested, any reports, copies of rental or lease agreements, or other data pertaining to rental or lease rates as the County may reasonably require. C) Each subdivision plat and site plan for the land within the Property which includes affordable or other price -restricted units shall designate the lots or units that will be subject to the terms and conditions of this proffer. Prior to the issuance of the thirty-sixth (36th) building permit for a market rate dwelling unit within the Property, the then -current owner/builder shall obtain certificates of occupancy for six (6) affordable dwelling units within the Property. Prior to the issuance of the seventy-first (71 ") building permit for a market rate dwelling unit within the Property, the then -current owner/builder shall obtain certificates of occupancy for six (6) additional (for a total of twelve (12)) affordable dwelling units within the Property. Prior to the issuance of the final building permit for a market rate dwelling unit with the Property, the Owner shall obtain certificates of occupancy for all of the affordable dwelling units within the Property, D) All purchasers of the affordable units shall be approved by the Albemarle County Office of Housing or its designee. The then -current owner/builder shall provide the County or its designee a period of ninety (90) days to identify and pre -qualify an eligible purchaser for the affordable unit(s). The ninety (90) day period shall commence upon written notice from the then -current owner/builder that the unit(s) is within one hundred twenty (120) days of completion and, that on or before the end of such one hundred twenty (120) day period shall be ready for occupancy. If the County or its designee does not provide a qualified purchaser who executes a contract of purchase during this ninety (90) day period, 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), provided, however, that any unit(s) sold without such restriction shall nevertheless be counted toward the number of affordable units required to be provided pursuant to the terms of this proffer. The requirements of this proffer shall apply only to the first sale of each of the affordable units that are purchased. 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 units, the Housing Office informs the then -current owner/builder in writing that it may not have a qualified purchaser for one or more of the for - sale affordable 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 Sixteen thousand five hundred dollars ($16,500) in lieu of each affordable 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 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, 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. E) The County shall have the right, upon reasonable notice and subject to all applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of assuring compliance with this proffer. 2. CASH PROFFER A.) The Owner shall contribute $11,900 cash to the County for each market rate unit constructed within the Property for the purpose of mitigating impacts from the development. The cash contribution shall be used for schools, libraries, fire, rescue, parks or any other public use serving Neighborhoods 4 & 5 as identified in the County's Capital Improvements Program. The cash contribution shall be paid in increments of $11,900 cash for each market rate unit prior to or at the time of issuance of the building permit for each unit. If this cash contribution has not been exhausted by the County for the stated purpose within five (5) years of the date of the last contribution, all unexpended funds shall be refunded to the Owner. B.) Annual Adiustment of Cash Proffers. Beginning January 1, 2009, the amount of each cash contribution required herein shall be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the Marshall and Swift Building Cost Index (the "MSI"). In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these proffers. 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 I in the year preceding the calendar year most recently ended, and the denominator of which shall be the MSI as of December 1 in the preceding calendar year. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year, 3. PAVEMENT In conjunction with improvements approved with the subdivision plat or site plan which establishes lots 22-28, the Owners shall construct a 6 -foot wide asphalt trail consisting of 4 inches of 21 B sub base material and 2 inches of SMA -2 asphalt, applied as a seamless coat, or other specification approved by the County Engineer. The trail shall be constructed in the location shown of the application plan or other location approved by the Building Services Director for Albemarle County Schools. If the Albemarle County School Board determines that the asphalt path is not necessary or desirable to serve Cale Elementary School, then the Owner shall be relieved of this proffer. The Owner shall construct a new driveway to provide access to TMP 90-35L in the location shown on the application plan. The new driveway shall originate from the proposed main entry drive into the proposed development and not from Avon Street, The standards for constructing the driveway shall be 6 inches of 21 B sub base material and 2 inches of SMA -2 asphalt, applied as a seamless coat. Improvements will tie into the adjacent owner's on-site improvements at the locations that improvements exist at the property boundary. Construction of the new driveway will be completed at the same time as the construction of the main entrance road improvements into the development. Until such time as the new driveway is completed, access to the adjoining property will continue to be from the existing "shared" gravel driveway. Construction traffic for the development shall use a separate, temporary construction entrance as shown on a sketch entitled, 'Avinity Temporary Construction Access Scenario", dated 1-22-07, a copy of which sketch is attached hereto as Exhibit A. 4. FENCING The Owner or his successors or assigns shall construct a fence along the joint property line of the subject site and the school property from Avon Street to the asphalt trail. The fence shall be constructed of wood, metal, PVC, other materials or a combination of materials approved by the Building Services Director for Albemarle County Schools, and shall be completed in conjunction with the improvements required for the first subdivision plat or site plan for the development. If at any time the Building Services Director for Albemarle County Schools notifies the Owner(s) that dogs owned by those residing in the development have become a nuisance on school property, the fence shall be extended to the rear property line of the Property by the Owner(s) or his successors or assigns. (SIGNATURE PAGE IMMEDIATELY FOLLOWS) Owner of TMP 91-14, 90-35J & 90-35K: Avon Properties, LLC, a Virginia limited liability company By: River Bend Management, Inc., a Virginia corporation, and Manager By: Andrew J. Don ero, Vice President/CFO Date: Ga "" - Owner of TMP 90-351: A, Cv O i46, Donna M. Jordan (Wa Donna M. Hill) Date/ 14',534S,4