HomeMy WebLinkAboutSDP201700005 Other Major Amendment, Final Site Plan 2017-01-30 PROFFER STATEMENT
OAKLEIGH AMENDMENT
Date: January 30, 2017
ZMA#: 2016-00015 Oakleigh Amendment#1
Tax Map Parcel#: 04500-00-00-026A0
8.S acres to be rezoned from Neighborhood Model Development("NMD")
to NMD to amend proffers
Oakleigh Albemarle LLC,a Virginia limited liability company,is the fee simple owner(the
"Owner")of Tax Map 45,Parcel 26A(the"Property")which is the subject of the zoning map
amendment application#ZMA-2016-00015 known as"Oakleigh." The Applicant for Oakleigh
is Oaideigh Albemarle LLC,a Virginia limited liability company. The Oakleigh 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 agreed that the conditions are reasonable.This proffer statement shall
supersede and replace in all respects the proffer statement approved by the Board of Supervisors
in connection with ZMA-2007-00004.
1. Affordable Housing.
A. 15%Affordable Requirement. The Owner shall provide Affordable Dwelling
Units(as defined herein)equal to fifteen percent(15%)of the total residential dwelling units
within the Project that is in excess of the number of units that were allowed by right under the
zoning that was in existence prior to the approval of ZMA 2007-0004,an equivalent cash in lieu
payment,or a combination thereof(the"15%Affordable Housing Requirement"),as more
particularly described in paragraphs 1B and 1C below. Prior to the approval of ZMA 2007-
00004, the property was zoned R-6 Residential, and thus had by-right development yield of 52
dwelling units. Therefore,the cash contribution for compliance with the 15%Affordable
Housing Requirement shall begin after a certificate of occupancy for the 52nd dwelling unit
within the Project is issued and prior to the Owner obtaining a certificate of occupancy for the
53rd dwelling unit within the Project.
B. Construction of Affordable Dwelling Units. If there are more than 52 dwelling
units within the Project such that the 15%Affordable Housing Requirement is applicable,the
Owner or its successors in interest reserves the right to meet the affordable housing objective
through a variety of housing types, including but not limited to,for-sale units,rental units, and
accessory units("Affordable Dwelling Units"or"Affordable Units").
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i. For-Sale Affordable Dwelling Units.All purchasers of the For-Sale
Affordable Dwelling Units(as defined below),shall be approved by the Albemarle County
Housing Office or its designee."For-Sale Affordable Dwelling 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, and shall not exceed sixty-five percent(65%)of VHDA's
Maximum Sales Price for first-time homebuyers.The Owners shall provide the County or its
designee a period of one hundred twenty(120)days to identify and prequalify eligible
purchaser(s)of For-Sale Affordable Dwelling Units.The one hundred and twenty(120)day
period shall commence upon written notice from the Owner that the 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 Dwelling Units;the County or its designee
may then have thirty(30)days within which to provide qualified purchaser(s)for such For-Sale
Affordable Housing Units.If the County or its designee does not provide qualified purchaser(s)
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).
ii. For-Rent Affordable Dwelling Units.
(1)Rental Rates. The initial net rent for each rental housing unit for which Owner seeks
qualification for the purposes of this Proffer 1, ("For-Rent Affordable Dwelling
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 Dwelling Unit may be
increased up to three percent (3%). For purposes of this Proffer 1B, the term "net
rent" means that the rent does not include tenant-paid utilities. The requiremenit that
the rents for such For-Rent Affordable Dwelling Units may not exceed the maximum
rents established in this paragraph 1B 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 Dwelling 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
Dwelling Units during the Affordable Term shall contain language reciting that such
unit is subject to the terms of paragraph 1B. In addition, all contracts pertaining to a
conveyance of any For-Rent 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 1B. At least thirty (30) days prior to the
conveyance of any interest in any For-Rent 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 1 B(ii)(2) have been
satisfied.
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(3)Reporting Rental Rates. During the Affordable Term,within thirty(30) days of each
rental or lease term for each For-Rent Affordable Dwelling 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 Proffer For Affordable Housing Requirement If there are more than 52
dwelling units within the Project such that the 15%Affordable Housing Requirement is
applicable,then the Owner may elect to make a cash contribution to Albemarle County for all or
a portion of the 15%Affordable Housing Requirement in the amount of Twenty-three Thousand,
Eight Hundred and Five Dollars and 30/Cents($23,805.30)for each such unit(s)(the
"Affordable Housing Cash Proffer")in lieu of constructing Affordable Dwelling Units as
detailed in paragraph 1B. 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 and 2 below. ---
2. Cash Proffer.
A. 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(a"Market
Rate Unit"),and that is in excess of the number of units that were allowed by right under the
zoning that was in existence prior to the approval of ZMA 2007-0004. Prior to the approval of
ZMA 2007-00004,the property was zoned R-6 Residential,and thus had by-right development
yield of 52 dwelling units. Therefore,the cash contribution for Market Rate Units shall begin
after a certificate of occupancy for the 52nd dwelling unit within the Project is issued and prior to
the Owner obtaining a certificate of occupancy for the 53rd dwelling unit within the Project. 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 contributions shall be paid
in the following amounts:
(i). Seven Thousand Three Hundred and Thirty-Three and 18/100s Dollars($7,333.18)
for each single-family detached dwelling unit that is not an Affordable Dwelling Unit.
(ii). Five Thousand Four Hundred and Forty-Seven and 57/100s Dollars($5,447.57)for
each single family attached dwelling unit that is not an Affordable Dwelling Unit.
(iii). Seven Thousand Four Hundred and Nineteen and 91/100s Dollars($7,419.91)for
each multifamily dwelling unit that is not an Affordable Dwelling Unit.
(iv). Zero Dollars ($0.00)for each Affordable Dwelling Unit.
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B. Annual Adjustment of Cash Proffers. Beginning January 1 of each year following the
approval of this rezoning,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 Service(a/k/a Marshall&Swift)(the"Index")or
the most applicable Marshall&Swift index determined by the County if publication of the
specific index referenced herein in discontinued. 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
proceeding 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(the"Annual Percentage Change").
3. Tree Preservation.
A.If the Project I eloped as per Scenario A of the Application Plan,as part of
the final site pla jest,the Owner will submit a tree preservation plan(the"Scenario A
Tree Plan")for 1 J)trees within the Project, as shown on the Application Plan,which
specifies tree protection methods and procedures, ', c uding ertilizing,tree protection fencing,
mul •'• : • • site construction activities which sh:,. "; plied with during and after
de -1.1• II ent •f the Project.Prior to the fi ; - ..1.'• approval,the Owner shall submit a bond or
oth '. • surety in the t• :•• , . •ousand Dollars and No/Cents
(S10,110.00).The bond or s ••'tted to guaranty the replacement of those trees
which are numbered 1, IA,2, 4,' , , 8, 9, 30, 31,and 32 on the Application Plan(the
"Scenario A Bonded Trees")in the event that any of the Scenario A Bonded Trees die within a
period of five(5)years after issuance of the last Certificate of Occupancy within the Project.The
bond or other surety shall be in a form acceptable to the County Attorney.
B. If the Project is to be developed as per Scenario B of the Application Plan,the Owner
will submit as part of the Code of Development for Oaldeigh Farm a tree protection plan(the
"Scenario B Tree Plan")for thirty-nine(39)trees within the Project, as shown on the Application
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 final 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, IA,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
Application Plan(the"Scenario B Bonded Trees")in the event that any of the Scenario B
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.
4. Pedestrian Easement.The 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
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err►' seri
of such public right of access.
5.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.)
[SIGNATURE PAGE FOLLOWS]
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WITNESS the following duly authorized signature:
Owner:
OAKLEIGH ALBEMARLE LLC,
a Virginia Limited Liability Company
By:
Printed Name: a42Li�.' tom.. (2..04
Title: 0141J Nc N 4 N►
31491013_6
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