HomeMy WebLinkAboutZMA201500008 Proffers 2016-03-07 � t
DRAFT PROFFER STATEMENT
ADELAIDE
Date of Proffer: March 7, 2016
Project Name: Adelaide
ZMA Number: ZMA 2015-008
Owner: Judith S. Herring
Existing Zoning: R1-Residential
Zoning Requested: R6-Residential with Proffered Master Plan
Acreage of Parcels: 20.4
Magisterial District: White Hall
Tax Map#(s): 05600-00-00-108A0 and 05600-00-00-026A2
Legal Reference: DB 666 PG 109 (Parcel 108A0) and DB 1479 PG 180 (Parcel
026A2)
Exhibit(s)/References: 1) Rezoning Application Plan for Adelaide (sheets 1 through 5)
dated March 7, 2016, Prepared by Shimp Engineering, P.C.
Hereafter referred to as the "Application Plan"
The Term "Owner" as referenced within this document shall include within its
meaning the owner, or owners, of record of the Property, or properties, and their
successors in interest.
Judith S. Herring, the owner of Tax map and Parcel Numbers 56-108A and 56-26A2
(hereinafter, respectively, the "Owner" and the "Property") hereby voluntarily
proffers that if the Albemarle County Board of Supervisors acts to rezone the Property
from the R1 District to R6 as requested (hereinafter, the "Project"), the Owner shall
develop the Property in accord with the following proffered development conditions
(each, a "Proffer," and collectively, the "Proffers"), which the Owner acknowledges
are reasonable, pursuant to Section 15.2-2303 of the Code of Virginia, 1950, as
amended, and pursuant to Section 33.7 of the Albemarle County Zoning Ordinance. If
rezoning application ZMA 2015-008 is denied, these proffers shall immediately be null
and void and of no force and effect.
1. Affordable Housing. The Owner shall provide 12 affordable housing units as
either Affordable Rentals or Affordable For Sale 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 12 townhomes, multi-family or attached
dwelling units. 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.
(A). Rentals. 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.
(B). For Sale. All purchasers of for-sale Affordable Housing Units shall
be approved by the Albemarle County Office of Housing or its designee.
The Owner shall provide the County or its designee 120 days to identify
and pre-qualify an eligible purchaser for the Affordable Housing Units.
The 120-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 90 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 Housing Units is 65% of VHDA's
Maximum Sales Price for First-Time Homebuyers. The calculation
currently puts the maximum sates price for Affordable Units at $243,750.
(C). Conveyance of Interest. AU 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 1. 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.
(D). 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 subject property which includes one or more for-sale Affordable
Dwelling Units, the current owner/builder expects the units to be
completed, and the County will accept a cash contribution to the County
to support affordable housing programs in the amount of Twenty Four
Thousand Three Hundred Seventy-Five Dollars ($24,375) in lieu of each
Affordable Unit(s), 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). 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 Units(s) will
be available for sale.
2. Residential Units. There will be a maximum of 80 dwelling units within the
development. The development shall be in accordance with the Application
Plan.
3. Greenwav Dedication: Park Land and Greenwav Dedication. The Owner shall
devote a minimum of twenty percent (20%) of the land within the Property to
green space. Of this green space land, within five (5) years after the first
certificate of occupancy for a dwelling unit within the development is approved
by the County, the Owner shall dedicate land designated on the application plan
to the County for public use for parks and open space resources and for a
greenway. After it is dedicated to public use, the Park and Greenway Area shall
continue to be included in the total area of green space and amenities within
the Property. The remaining green space land within the Property that will not
be dedicated to the County for public use shall be maintained by the Adelaide
Owner's Association. The dedication of the Park and Greenway Area land shall
be a fee simple interest in such land.
4. Cash Proffers for Residential Units. The Owner shall contribute cash for each
new residential unit in excess of the twenty-three (23) residential units the
Owner has demonstrated could be constructed under R-1 Residential zoning in
existence at the time of this zoning map amendment and that is not classified
as an affordable unit 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 contributions shall
be $4,981 for each new single family detached dwelling unit. The cash
contributions shall $3,845 for each single family attached or townhouse
dwelling unit. The cash contributions shall be Zero Dollars ($0.00) for each
Affordable 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, 2017, 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.
WITNESS the following signature:
By:
Judith S. Herring, Owner
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this day of
2016 by Judith S. Herring, Owner of Parcels 05600-00-00-108A0 and
05600-00-00-026A2.
My Commission expires:
Notary Public