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HomeMy WebLinkAboutZMA201600014 Proffers Zoning Map Amendment 2016-06-20 Original Proffers_X Amendment PROFFER STATEMENT Granger Date:June 20,2016 [Draft] ZMA No. 2016-00_Granger Tax Map and Parcel Number: 07600-00-00-02400 Owner(s) of Record: STRIBLING HOLDINGS LLC Date of Proffer Signature: ,2016 Approximately 68.96 acres to be rezoned from R-1 Residential to NMD (Neighborhood Model District) STRIBLING HOLDINGS LLC is the owner of Tax Map Parcel 07600-00-00-02400; the owner of such parcels is referred to herein as the "Owner" and the parcel is referred to herein as the "Property". The Property is the subject of the rezoning application identified by Albemarle County (the "County") as "ZMA 2016-00_" for a project known as "Granger"(the "Project"), which includes the application plan prepared by Collins Engineering entitled, "Granger Neighborhood Model District (NMD) Application Plan" last revised Dune 20, 2016] (the "Application Plan"), a Code of Development entitled the "Granger Neighborhood Model Code of Development," last revised Dune 20, 2016] (the "Code of Development"). Capitalized terms, not otherwise defined in these Proffers shall have the same definitions as set forth in either the Code of Development or the Application Plan. Pursuant to Section 33.3 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. Transportation Improvements Sunset-Fontaine Connector Road. The Owner shall cause to be constructed a two lane road in the general location of the road identified as Sunset-Fontaine Connector Road ("Connector Road") on the Application Plan. The Connector Road will be an "avenue section" in design, with bike lanes, parking, sidewalks, street trees, and curb and gutter. The Connector Road shall be constructed, bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the County Engineer shall have determined that the roadway is safe and convenient for traffic (hereinafter, "completed") prior to issuance of the tenth (10th) certificate of occupancy within the Property. Once the Owner completes the Connector Road and within sixty (60) days after the written request of the County,the Owner shall dedicate the Connector Road as a public road. 1 The road improvements listed in paragraphs 1A (the "Road Improvements") above shall be constructed in accordance with road plans submitted by the Owner and approved by VDOT, and shall be dedicated to public use. All of the Road Improvements shall be designed and constructed to applicable VDOT standards,including,without limitation,VDOT's Geometric Design. Road Improvements shall be be deemed complete when they are constructed, bonded and ready to be recommended by the Albemarle County Board of Supervisors for acceptance into the public system, and the County Engineer shall have determined that the roadway is safe and convenient for traffic (hereinafter, "completed"). 2. Trails, Parks and Civic Spaces. The Owner shall provide the following improvements within the property: A. Construction and Dedication of Greenway Trails. A primitive trail network, consistent with the County's design standards for a Class B- type 1 primitive nature trail, shall be established within the Greenway. The general location of the trail network is shown on the Application Plan, however exact trail locations shall be determined based on site conditions. Installation of the trail network shall be completed prior to issuance of approval of the tenth (10th) CO for a single family dwelling within the Project. Upon written request by the County,but not prior to the issuance of the tenth (10th) CO for a single family dwelling within the Project, the Owner shall dedicate to the County an easement for public use over the Greenway area, as shown on the Application Plan. Prior to the County's request to dedicate such easement, the Owner may dedicate portions of the Greenway by easement concurrently with one or more subdivision plats for areas lying adjacent to the Greenway; provided however, that Owner may reserve in such easements, rights of access for grading, utilities and maintenance. Each subdivision plat shall depict the Greenway area to be dedicated and shall bear a notation that the Greenway area is dedicated for public use. If, at the time the County requests dedication of the Greenway, any part of the Greenway that has not been dedicated by subdivision plat, shall be (within six (6) months of such request) at Owner's cost, surveyed, platted and recorded with one or more deeds of easement dedication. B. Parks and Civic Spaces. The Owner shall provide not less than [TBD] acres of land within the Project for Parks and Civic Spaces as described in the Code of Development and generally shown on the Application Plan. Each Park or Civic Space shall be substantially completed prior to the issuance of the twentieth (20th) CO for a residential dwelling unit in the Block in which it is located. Parks and Civic Spaces shall be conveyed to,and maintained by the Owner's Association. 3. Cash Proffer for Capital Improvements Projects. A. The Owner shall contribute cash on a per "market-rate" dwelling unit basis in excess of the 2 number of units that are allowed by right under the zoning in existence prior to the approval of this ZMA 2016-00_ 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 3, the number of units allowed by right under the R-1 Residential zoning is [TBD] single-family detached units. A "market rate" unit is any dwelling unit in the Project that is not either a For-Sale Affordable Housing Unit or For -Rent Affordable Unit as described in Proffer 4 ("Market Rate Unit"). The cash contributions shall be Four Thousand Nine Hundred and Eighteen Dollars ($4,918.00) for each single family detached Market Rate Unit, other than a constructed For-Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 4. In other words, the cash contribution for market rate single family units shall begin after the issuance of a CO for the [TBD] single family dwelling unit and prior to the issuance of a CO for the [TBD] single family dwelling unit. The cash contributions for each single family attached Market Rate Unit shall be Three Thousand Eight Hundred and Forty Five Dollars ($3,845.00), other than a constructed For-Sale Affordable Housing Unit or a For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. The cash contributions for each multifamily Market Rate Unit shall be Five Thousand Two Hundred and Sixty Two Dollars ($5,262.00), other than a constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within the Project qualifying as such under Proffer 4. B. Notwithstanding the terms of this paragraph 3A to the contrary, the Owner's obligation to pay the cash contributions shall not commence until the number of units have been completed that results in what would otherwise have been a total cash contribution of $[TBD] (the "In-kind Contribution). The In-kind Contribution reflects the value of the improvements that the Owner has committed to make in these proffers that are for the benefit of the public. In other words, the Owner shall not be required to pay the per unit cash contributions described herein until the time of the issuance of the building permit for a new unit completed after applying a credit for the In-kind Contribution of$[TBD]. In the event that the Project is completed prior to the balance of the In-kind Contributions being exhausted, any remaining balance of the In-kind Contribution may not be applied for any other project or development. 4. Affordable Housing. The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of market rate residential units constructed on the Property. For example, if one thousandth (1000) total market rate units are constructed in the Project, one hundred fifty (150) Affordable Housing Units, or their equivalent, are required to be provided to satisfy this Proffer 4, subject to paragraph 4C. The Owner or its successors in interest reserve the right to meet the affordable housing objective through a variety of housing types, including but not limited to for sale units, rental units, accessory units and carriage units, or through cash contributions, as more particularly described in sections 4A and 4B below. A. For-Sale Affordable Housing Units. All purchasers of the For-Sale Affordable Housing Units, (defined below) shall be approved by the Albemarle County Housing Office or its designee. "For-Sale Affordable Housing Units" shall be dwelling units offered for sale at prices for which households with incomes less than eighty percent (80%) of the area median income may qualify. The Owner shall provide the County or its designee a period of one hundred twenty (120) days to identify and prequalify an eligible purchaser For-Sale Affordable housing Units. The one hundred twenty (120) day period shall commence upon written notice from the Owner that the 3 unit(s) shall be available for sale. This notice shall not be given more than ninety (90) days prior to receipt of the Certificate of Occupancy for the applicable For-Sale Affordable Housing Unit; the County or its designee may then have thirty (30) days within which to provide a qualified purchaser for such For-Sale Affordable Housing Unit. If the County or its designee does not provide a qualified purchaser during the one hundred twenty (120) day period, the Owner shall have the right to sell the unit(s) without any restriction on sales price or income of the purchaser(s). B. For-Rent Affordable Housing Units. (1) Rental Rates. The initial net rent for each rental housing unit for which Owner seeks qualification for the purposes of this Proffer 4, ("For-Rent Affordable Housing Unit")shall not exceed the then-current and applicable maximum net rent rate approved by the Albemarle County Housing Office. In each subsequent calendar year, the monthly net rent for each For-Rent Affordable Housing Unit may be increased up to three percent (3%). For purpose of this Proffer 4B, the term "net rent" means that the rent does not include tenant-paid utilities. The requirement that the rents for such for- rents for such For-Rent Affordable Housing Units may not exceed the maximum rents established in this paragraph 4B 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 Housing 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"). (2) Conveyance of Interest. All deeds conveying any interest in the For-Rent Affordable Housing Units during the Affordable Term shall contain language reciting that such unit is subject to the terms of paragraph 4B. In addition, all contracts pertaining to a conveyance of any For-Rent Affordable Housing 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 4B. At least thirty (30) days prior to the conveyance of any interest in any For-Rent Affordable Housing 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 4B(2) have been satisfied. (3) Reporting Rental Rates. During the Affordable Term, within thirty (30) days of each rental or lease term for each For-Rent Affordable Housing 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. C. Cash in lieu of Constructing Affordable Dwelling Units. (1) In lieu of constructing For-Sale, or For-Rent Affordable Dwelling Units for fifteen percent (15%) of the total number of Units, the Owner has the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of 4 Twenty-Four Thousand and Three Hundred Seventy Five Dollars ($24,375.00) (the "Affordable Housing Cash Proffer") for each such unit as follows: the Owner shall pay the Affordable Housing Cash Proffer to the County, if the Affordable Housing requirement has not been proportionally met otherwise, in two (2) installments; after an inspection and prior to the issuance of approval of a CO for each of the [TBD] and [TBD] dwelling unit within the Project. The total Cash in lieu contribution due to Albemarle County at each of the two (2) payment periods as noted above shall be calculated based on the total number of Certificates of Occupancy issued for Market Rate and Affordable Housing Units. (2) As an alternative to paying the Affordable Housing Cash Proffer to the County, the Owner may elect to pay all or a portion of the Affordable Housing Cash Proffer to the Albemarle County Police Foundation to support the Police Foundation's affordable housing initiatives for Albemarle County Police Officers who desire to reside in Albemarle County. 5. Cost Index. Beginning January 1 of each year following the approval of ZMA 2016-00_, the amount of each cash contribution required by Proffers 3 and 4 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 $4,918.00 x 2017 MSI/2016 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 5 (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 Four Thousand Nine Hundred and Eighteen Dollars $4,918.00 per single family detached Market Rate Unit and Three Thousand Eight Hundred and Forty Five Dollars $3,845.00 per single family attached Market Rate Unit and Five Thousand Two Hundred and Sixty Two Dollars $5,262.00 per multifamily Market Rate Unit under Proffer 3 or Twenty-Four Thousand and Three Hundred Seventy Five Dollars $24,375.00 per affordable dwelling unit under Proffer 4 (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. 5 ti WITNESS the following signature: OWNERS of Tax Map Parcel 07600-00-00-02400: STRIBLING HOLDINGS, LLC, a Virginia limited liability company BY: RIVER BEND MANAGEMENT, INC, a Virginia Corp., Manager By: Alan Taylor,Vice President Date: 31511320_1 6