HomeMy WebLinkAboutZMA201600003 Proffers Zoning Map Amendment 2016-02-22 (2) Original Proffers
Amendment X
PROFFER STATEMENT
OUT OF BOUNDS
Date of Original Proffer: November 18th, 2013
Date of Proffer Amendment: August 19, 2015
February 22, 2016
Project Name: Out of Bounds
Original ZMA Number: 201200003
New ZMA Number: 201500005
Owner: Barracks Heights, LLC
Existing Zoning: RI-Residential
Zoning Requested: Neighborhood Model District(NMD)
Acreage of Parcel: 9.42
Magisterial District: Jack Jouett
Tax Map #(s): TMP 06000-00-00-06500
Legal Reference: DB 4254 PG 660; DB 3882 PG 327; DB 3439 PG 709; DB 3439 PG
705; DB 3108 PG 578; WB 111 PG 306; DB 1405 PG 207
Exhibit(s)/References: 1)Rezoning Application Plan for Out of Bounds(sheets 1 through 7
dated April 1, 2013 and last revised on June 30,2015), prepared by
Justin Shimp, P.E.
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.
Barracks Heights, LLC, the owner of Tax map and Parcel Number 06000-00-00-06500
(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 RI District to the
Neighborhood Model District 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 201500005 is denied,
these amended proffers shall immediately be null and void and of no force and effect.
1. Affordable Housing. The Owner shall provide 8 affordable housing 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 8 townhouses. The 8 affordable townhouses shall consist of units
7-14, as shown on the Application Plan. Each affordable unit shall be located on a single
lot. Before the Owner applies for a building permit for any residential unit within Block 1
of the Project, as defined in the Application Plan, the Owner shall have offered for sale or
for rent, as provided herein, each Affordable Housing Unit within the Project. 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. For-Sale Affordable Units. All purchasers of the for-sale Affordable Housing
Units shall be approved by the Albemarle County Housing Office or its designee.
The Affordable Housing Units will be designed for households with incomes less
than eighty percent(80%) of the area median income such that housing costs
consisting of principal, interest, real estate taxes, and homeowners insurance
(prn) do not exceed thirty percent(30%) of the gross household income. The
Owner shall provide the County or its designee a period of ninety (90)days to
identify and prequalify an eligible purchaser for the affordable units. The ninety
(90) day period shall commence upon written notice from the Owner that the
unit(s) will be available for sale This notice shall not be given more than sixty
(60) days prior to receipt of the Certificate of Occupancy for the applicable
Affordable Housing Unit; the County or its designee may then have thirty (30)
days within which to provide a qualified purchaser for such Affordable Housing
Unit. If the County or its designee does not provide a qualified purchaser during
the ninety (90) 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). This proffer
shall apply only to the first sale of each of the for-sale affordable units.
B. For-Rent Affordable Units.
(1), Rental Rates. 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.
(2). Conveyance of Interest. All 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(2) have been satisfied.
2. Residential Units. There will be a maximum of 56 dwelling units within the
development. The existing house and adjacent garage is identified on the Application
Plan as a single-family detached dwelling unit. The remaining 55 dwelling units shall be
single-family attached and/or townhouse units.
3. Cash Proffers for Residential Units. The Owner shall contribute cash for each new
residential unit in excess of the nine(9) 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 Four thousand nine hundred eighteen dollars ($4,918) cash for each
new single family detached dwelling unit. The cash contributions shall be Three
thousand eight hundred forty five dollars ($3,845)cash for each single family attached or
townhouse 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, 2014, 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 I in the year preceding
the calendar year most recently ended.
4. Public Road Improvements. At its sole expense, the Owner shall plan, design, bond
and construct the following road improvements in the location shown on the Application
Plan. The improvements shall be designed and constructed to County and VDOT
standards, including the design and construction of related drainage, slope and utility
easements, as applicable. Either as a condition for the issuance of the first certificate of
occupancy for any structure or upon request by VDOT, whichever is sooner, the Owner
shall complete construction of the improvements described in paragraph B. As a
condition for the issuance of the first certificate of occupancy for any structure on the
Property, the Owner shall complete construction of the improvements described in
paragraph C. Construction of travel lane improvements shall be deemed complete when
the County Engineer determines that the roadway is safe and convenient for traffic.
A. Bennington Drive Connection. A public road shall be constructed from
Westminster Road to the extension of Georgetown Road through the existing
platted 50' ROW as shown on sheet 7 of the Application Plan. The road shall
be 24' in width from face of curb to face of curb and a single 5' sidewalk shall
be provided on one side of the road.
B. Modification to Signal at Barracks and Georgetown. The Owner shall
design and construct modifications to the traffic signal at the site entrance to
accommodate the extension of Georgetown Drive into the Property as shown
on the Application Plan. The modifications to the existing signal will provide
a new (fourth) leg for the signal that will allow vehicles to exit the Property at
the intersection.
C. Modifications to Existing Turn Lane. The Owner shall extend the existing
east bound left turn lane from Barracks Road onto Georgetown Road as
shown on Sheet 4 of the Application Plan to provide 150' of total vehicle
storage length.
5. Offsite Drainage Repair and Maintenance.
Impacted Properties:
The properties with drainage channels pertaining to this paragraph 5, are as
follows:
TMP 60D, Section H, Parcels. 3,4,5,6, 12,13,14,15, 16A, 28 and 29, AND TMP
60D, Section F,Parcels 7 and 8.
Definitions:
As used in this proffer the term fully flowing channel shall mean: Drainage
channel clear of any impediments that in the opinion of the County Engineer
would prevent storm water runoff from freely flowing through the channel.
As used in this proffer the term existing channel conditions shall mean: The
shape, slope, lining conditions, width, side slope and vegetative state of the
existing storm water channel that follows the existing drainage easement as
approximately shown on the plat recorded in DB 485 PG 522 and in the condition
as it exists today.
As used in this proffer the term impacted properly owner shall mean: A property
owner of a lot that it is physically impacted by the proposed repair or maintenance
of the drainage channel. The impacts may be those caused from direct repair or
maintenance of the channel on the property or the movement of materials or
equipment through a property to maintain the drain; se channel on a neighboring
property
As used in this proffer the term permission from impacted property owner shall
mean: written permission obtained from the property impacted by performing
required maintenance or repairs. The Owner will send the request to the impacted
property by certified mail. If the impacted property does not respond to the initial
request within 15 days a second certified letter shall be sent. If the impacted
property owner does not respond in the affirmative within 10 days the permission
will be deemed to be denied. The current acting president of the Canterbury Hills
Association shall be copied on all correspondence to impacted property owners.
As used in this proffer the term drainage channel shall mean: the portion of the
channel through the Canterbury Hills neighborhood(as shown approximately on
the attached Exhibit A)that that is composed of the underground drainage system
located on the northeast side of Smithfield Road, the drainage pipe under
Smithfield Road,the drainage pipe located on the southwest side of Smithfield
Road, the stone-lined ditch located at the end of that pipe, the portion of the creek
from the end of the stone-lined ditch until it goes under Westminster Road.
At its sole expense, the Owner shall perform initial repairs and provide continuing
maintenance of the drainage channel through the Canterbury Hills neighborhood as
shown approximately on the attached Exhibit A. The task associated with the repairs and
maintenance as outlined below shall be conditioned on the ability of the Owner to obtain
written permission from impacted property owners whose property would be physically
impacted by the repairs or maintenance. There shall be no obligation on the Owner to
perform maintenance or repairs on an impacted property owner's property if permission
from the impacted property owner is not obtained. Any damage done to existing
vegetation, landscaping, or structures on the impacted properties during repair or
maintenance shall he repaired or replaced at the Out of Bounds Owner's expense.
The obligations of this proffer shall pass from the Owner to the home Owners
Association (1-10A) of Out Of Bounds upon establishment of the HOA.
A. Initial Repairs. Prior to the Owner requesting issuance of a building permit for
the Property, the Owner shall perform repairs to the drainage channel as
necessary to maintain a fully flowing drainage system. This will include
removal of logs and debris from the drainage channel, removal of brush and
shrubs overgrown within the drainage channel and removal of silt deposits in
the drainage channel or pipes within the limits of the drainage system to be
repaired. The storm drainage structure shown as structure #1 on Exhibit A shall
be modified to prevent clo!!'ng by modification of the structure grate and
ditches approaching the structure as approved by the County Engineer and
VDOT.
B. Maintenance. The Owner shall perform yearly inspections of the drainage
channel to determine if any additional maintenance or repairs are needed to
maintain a fully flowing channel. Any debris or impediments that would
reduce the capacity of the drainage channel and or pipes in the drainage system
shall be removed either during inspections or, if it is not possible to do so
during the inspection, within 7 days thereafter to maintain the drainage channel
as a fully flowing channel. The Owner shall submit an inspection report to the
County Engineer within 30 days after each inspection. The report shall identify
all needed repairs, describe the nature of the repairs to be made, and state the
time within which the repairs will be completed. The County Engineer may,
within 14 days after receipt of the inspection report, require that the repairs
identified in the inspection report be completed in less time than proposed by
the Owner if the County Engineer determines that it is reasonable and
necessary under the circumstances to require the repairs to be completed within
the time he determines, taking into consideration the nature of the repairs, their
complexity, and the risk of imminent damage to the impacted property owners'
properties if the repairs are not timely made. All maintenance and repairs shall
be completed to the sole satisfaction of the County Engineer. At the request of
the Canterbury Hills Association in writing, the Owner shall perform up to two
(2) additional inspections and repairs per year. The Owner shall provide a copy
of the request to the County Engineer within 14 days after its receipt. Any
needed maintenance or repairs identified during an inspection shall be made at
the Owner's sole expense.
C. New Drainage Improvements. The Owner shall pay 5%of the cost for the
construction of any new drainage improvements associated with the drainage
channel initiated by the Canterbury Hills Association or any impacted property
owner if the Association or the impacted property owner provided written
notice of the improvements to be constructed and their cost to the Owner prior
to the physical construction of the improvements commencing. The Owner
shall provide a copy of the written notice to the County Engineer within 14
days after its receipt. Payment shall be made by the Owner to the Association
or the impacted property owner within 60 days after receipt of proof of
payment for said construction. The Owner shall provide a copy of the proof of
payment to the County Engineer within 14 days after its receipt. The new
drainage improvements shall be considered to be part of the drainage channel
and the Owner shall maintain the new improvements as such at its sole expense
as provided in this proffer and, in particular, in paragraph B.
This document shall supersede all other agreements, proffers or conditions that may be found to
be in conflict. These proffers shall be binding to the property, which means the proffers shall be
transferred to all future property successors of the land.
WITNESS the following signature:
BARRACKS HEIGHTS,LLC:
By: 1
Vito Cetta, Manager
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF AA/owl 2. , to wit:
The foregoing instrument was acknowledged before me this day of 'flioe 201L
by Vito Cetta, Manager of Barracks Heights, LLC, a Virginia limited liability company.
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My Commission Commission expires:
Notary Public
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