HomeMy WebLinkAboutZMA200700004 Action Letter Zoning Map Amendment 2008-01-28
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
January 28, 2008
Terra Concepts
c/o Steve Edwards
224 Court Square
Charlottesville, VA 22902
RE: ZMA2007 -00004 Oakleigh Farm (Sign # 62)
Tax Map 45, Parcel 26A
Dear Mr. Edwards:
The Board of Supervisors approved your rezoning application on January 16, 2008. Your
rezoning from R-6 to NMD - Neighborhood Model zoning district was approved in accordance
with the Code of Development dated December 13, 2007 and the attached proffers dated
January 16, 2008. An application plan/plan of development dated April 30, 2007, revised
December 13, 2007 was approved as part of the rezoning. 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;
. compliance with requirements of the CODE OF DEVELOPMENT;
. approval of and compliance with a SITE PLAN and/or SUBDIVISION PLAT; and
. approval of a 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,
Cc: Oakleigh Albemarle LLC
690 Berkmar Cir
Charlottesville Va 22901
T ex Weaver
Chuck Proctor (V DOT)
Steve Allshouse
Sherri Proctor
Sarah Baldwin
Bruce Woodzell (Real Estate)
File
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PROFFER STATEMENT
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Date: January 16,2008
ZMA#: 2007-00004 Oakleigh Farm
Tax Map and Parcel Number: Tax Map 45, Parcel 26A
8.822 acres to be rezoned from R6 Residential to Neighborhood Model District (NMD)
in accord with the General Development Plan entitled "Rezoning Request for Oakleigh
Farm," prepared by Terra Concepts, PC, revised through December 13, 2007
(the "General Development Plan")
Oakleigh Albemarle, LLC, a Virginia limited liability company, is the fee simple owner (the
"Owner") of Tax Map 45, Parcel26A (the "Property~~) which is the subject of the zoning map
amendment application #ZMA 2007-00004 known as "Oakleigh Farm." The Applicant for
Oakleigh Farm is also Oakleigh Albemarle, LLC. The Oakleigh Farm community is herein
referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, Owner hereby voluntary
proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if
the rezoning is approved by Albemarle County. These conditions are proffered as part of the
rezoning and it is acknowledged that the conditions are reasonable.
1. Affordable Housin!!.
A. 15% Affordable Requirement. The Owner shall provide a mixture of affordable
housing units and cash in lieu of affordable housing units equivalent to fifteen percent (15%) of
the total residential dwelling units within the Project (the "15% Affordable Requiremenf'). The
affordable housing mixture shall be comprised as follows:
(i). The Owner shall provide affordable housing dwelling units equal to at
least seven and one-half percent (7.5%) of the total residential dwelling units within the Project
in the form of for-sale or for-lease affordable dwelling units as described in this paragraph 1 (the
"Affordable Dwelling Units" or "Affordable Units"). The Affordable Dwelling Units shall be
comprised of one or more of the following unit types: single-family attached housing
(townhouses or duplexes), condominiums or single family detached units. The Owner or its
successor in interest reserves the right to provide the Affordable Dwelling Units in a variety of
ways, utilizing the above mentioned unit types alone or any combination.
eii) In lieu of each additional affordable dwelling unit that would otherwise be
required to meet the remainder of the 15% Affordable Requirement for affordable housing
within the Project after the Owner has provided the Affordable Dwelling Units referenced in
Paragraph 1 (A) (i), the Owner shall make a cash contribution to Albemarle County for the
affordable housing program in the amount of Nineteen Thousand One Hundred Dollars
($19,100) for each such unit or any portion thereof (the "Affordable Housing Cash Proffer''')
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such that the number of Affordable Units and the Affordable Housing Cash Proffer equals the
15% Affordable Requirement as described herein. Any unit for which the Affordable Housing
Cash Proffer is contributed as provided herein shall count as an Affordable Dwelling Unit for
purposes of this Paragraph 1, but as a market rate unit for purposes of Paragraph 2. The
Affordable Housing Cash Proffer shall be allocated among the market rate dwelling units, such
that the number of affordable dwelling units or any portion thereof that would otherwise be
required to meet the requirements of this Paragraph 1A(ii) and the 150/0 Affordable Requirement
is multiplied by the figure of $19,100, and that product is then divided by the number of market
rate dwelling units within the Project. The resulting amount shall then be paid to the County
prior to the issuance of a building permit for any building or block of townhouse units within the
Project that contain market rate dwelling units, for each market rate dwelling unit within such
building or block of townhouse units, until the 15% Affordable Requirement has been satisfied.
If the number of market rate units or Affordable Units changes after the fust Affordable Housing
Cash Proffer is paid, the per unit Affordable Housing Cash Proffer shall be recalculated and
adjusted to assure that the 15% Affordable Requirement is satisfied.
(iii). Each subdivision plat and site plan for land within the Project shall
designate the lots or units, as applicable, that will, subj ect to the terms and conditions of this
Paragraph 1, be built as Affordable Dwelling Units, and the aggregate number of such lots or
units so designated within each subdivision plat and site plan shall constitute a minimum of
seven and one-half percent (7.5%) of the lots or units in such subdivision plat or site plan.
Notwithstanding the foregoing, however, the Owner may "carry-over" or "bank" credits for
Affordable Units in the event previously built buildings within the Project provided more than
15% Affordable Units, or in the event the Owner has paid the Affordable Housing Cash Proffer
for an equivalent number of units ("Affordable Credits"). Any such additional Affordable
Credits shall be allocated toward the fifteen percent (15%) mlnlmum for the buildings that
remain to be b~1t within the Project.
B. F or-Sale Affordable Units. The for-sale Affordable Dwelling Units shall be affordable
to households with incomes up to 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 (PITI) 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 (VIIDA) 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 facilitate the provision of down payment
assistance loans to reduce the out-of-pocket cash requirement costs to the homebuyer, such as,
but not limited to a second lien Deed of Trust, so that the resultant fust mortgage and housing
costs remain at or below the parameters described herein. All financial programs or instruments
described herein must be acceptable to the primary mortgage lender. Any second lien Deed of
Trust executed as part of this paragraph shall be donated to the County of Albemarle or its
designee to be used to address affordable housing. For purposes of calculating the price of the
Affordable Dwelling Units, the value of Seller-paid closing costs shall be excluded from the
selling price of such Affordable Dwelling Units.
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C. For-Lease Affordable Dwelling Units.
(i) The initial net rent for each for-lease Affordable Unit shall not exceed the
then-current and applicable maximum net rent as published 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 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-lease Affordable Units may not exceed the maximum rents established in this paragraph I C
shall apply for a period of ten (10) 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 affordable units as
defmed by the County's Affordable Housing Policy, whichever comes first (the "Affordable
Term").
(ii). Conveyance of Interest - All instruments conveying any interest in the for-
lease Affordable Dwelling Units during the Affordable Term shall contain language reciting that
such unit is subject to the terms of this Paragraph I(C). In addition, all contracts pertaining to a
conveyance of any for-lease Affordable Dwelling 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 I(C). Prior to the conveyance of any interest in any for-lease
Affordable Dwelling 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 I (C)(ii) have been satisfied.
(iii). Reporting Rental Rates. During the Affordable Term, within thirty (30)
days of each rental or lease term for each for-rent Affordable Unit, the then-current owner shall
provide to the Albemarle County Housing Office a copy of the rental or lease agreement for each
such unit rented that shows the rental rate for such unit and the term of the rental or lease
agreement. 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.
D. Notification Period~ County Cash Option.
(i). Notification Period. All purchasers of the Affordable Dwelling 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 Unites). The ninety (90) day period shall
commence upon written notice from the then-current owner/builder that the Unites) 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 or lease the Unite s) without any
restriction on sales or lease price or income of the purchaser(s), provided, however, that any
Unites) sold or leased 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 fITst sale of each of the Affordable Dwelling
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Units that are purchased. Nothing herein shall preclude the then-current owner/builder from
working with the County Housing Department prior to the start of the notification periods
described herein in an effort to identify qualifying purchasers for the Affordable Units.
(ii). County Option for Cash In Lieu of Affordable 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 ownerlbuilder 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 ownerlbuilder 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 Nineteen Thousand One Hundred
Dollars ($19,100) in lieu of each affordable unites), then the then-current owner/builder shall pay
such cash contribution to the County prior to obtaining a certificate of occupancy for the unite s)
that were originally planned to be Affordable Dwelling Units, and the then-current ownerlbuilder
shall have the right to sell the Unite s) without any restriction on sales price or income of the
purchaser(s). 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 Affordable Unites) will be available for sale.
E. Inspections. 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 Paragraph 1.
2. Cash for Capital Improvements Pro!!l"am. The Owner shall contribute cash to the
County in the following amounts for each dwelling unit constructed within the Property that is
not an Affordable Dwelling Unit. The cash contributions shall be used to address the fiscal
impacts of development on the County's public facilities and infrastructure (i.e., schools, public
safety, libraries, parks and transportation) identified in the County's Capital Improvements
Program. The cash contribution shall be paid prior to issuance of a building permit for each unit
in the following amounts:
A. Seventeen Thousand Five Hundred Dollars ($1 7 ~500) for each single family detached
dwelling unit that is not an Affordable Dwelling Unit.
B. Eleven Thousand Nine Hundred Dollars ($11,900) for each single family attached
dwelling unit that is not an Affordable Dwelling Unit.
C. Twelve Thousand Four Hundred Dollars ($12,400) for each multi-family dwelling
unit that is not an Affordable Dwelling Unit.
D. Zero Dollars ($0.00) for each Affordable Dwelling Unit.
3. Annual Adjustment of Cash Proffers. Beginning January 1, 2008, 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 Comparative Cost Multiplier, Regional City
Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation
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Service (alk/a Marshall & Swift) (the "Index~') or the most applicable Marshall & Swift index
determined by the County if Marshall & Swift ceases publication of the Index identified herein.
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 Index as of December 1 in the preceding calendar year, and the denominator of which shall
be the Index as of December 1 in the year preceding the calendar year most recently ended. For
each cash contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
4. Tree Preservation. The Owner has submitted as part of the Code of Development for
Oakleigh Farm a tree protection plan (the "Tree Plan") for thirty-nine (39) trees within the
Proj ect, as shown on the Tree Plan, which specifies tree protection methods and procedures,
including fertilizing, tree protection fencing and mulching which shall be complied with during
and after development of the Project. Prior to the fmal site plan approval, the Owner shall
submit a bond or other form of surety in the total amount of Twenty-Nine Thousand Dollars
($29,000). The bond or surety shall be submitted to guaranty the replacement of those trees
which are numbered 1, lA, 2, 3, 4, 4A, 5, 6, 7, 8, 9, 10, 14, 16, 17, 19, 20~ 21, 22,24,25, 27A,
30,31,32,35,38, 38A, and 44D on the Tree Plan (the "Bonded Trees") in the event that any of
the Bonded Trees die within a period of five (5) years after issuance of the last residential
Certificate of Occupancy within the Project. The bond or other surety shall be in a form
acceptable to the County Engineer and the County Attorney.
5. Pedestrian Easement. The Homeowners' Declaration of Covenants and Restrictions for
the Project shall contain a provision which grants a public right of pedestrian access over all
sidewalks within the Project. This right shall be in perpetuity and the Declaration shall name the
County of Albemarle, Virginia as a third-party beneficiary with the express right to enforce the
provisions of such public right of access.
6. Erosion and Sediment Control. The Owner shall, to the maximum extent practicable as
determined by the County's Program Authority, provide additional erosion and sediment controls
to achieve a sediment removal rate of eighty percent (80%) for the Property. (As a reference,
current regulatory structural measures achieve a 60% optimal removal rate.)
WITNESS the following duly authorized signatures:
Owner:
OAKLEIGH ALBEMARLE, LLC,
a Virginia Limited Liability Company
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Printed Name:~0(26E W, f.....:KY l~
Title: ~Ae~
1479905v14
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