HomeMy WebLinkAboutZMA201800011 Proffers (draft) 2018-09-17WILLIAMS M U LLEN
Direct Dial: 434.951.5725
adavies@williamsmullen.com
September 17, 2018
Mr. Cameron Langille
County of Albemarle
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, VA 22902
VIA: Hand Delivery
RE: Amendment to Brookhill Proffer Statement ZMA 2015-007
Cameron:
Please find attached our proposed amendments to the Brookhill Proffer Statement. This
document has been amended primarily to address changes to the details of the Rio Mills Road
Connection, as described in Proffer 1 D on page 3. In the originally approved proffer statement,
the Owner was responsible for the construction of the Rio Mills Road Connection. Since that
time, VDOT has received Smart Scale funding to complete this transportation improvement.
Therefore, as suggested by Albemarle County staff, Proffer 1 D has been adjusted to only
require the Owner to complete the dedication of the land necessary for the road improvement by
VDOT.
Because the Owner is no longer required to construct this improvement, the In -Kind
Contribution amount was reduced to reflect this change. The original spreadsheet outlining the
calculations for the approved In -Kind Contribution amount has been updated and attached for
staff review and approval. In addition, staff suggested that the In -Kind Contribution follow the
Cost Index formula, as established for the Cash Proffers, so that language has also been
incorporated.
Other than those changes, minor updates have been provided to reflect the most recently
approved Code of Development, approved at the Board of Supervisors Meeting on September
5, 2018. Several new parcels have also been created within the Brookhill development, so
those new parcels are reflected in this update.
Land Use Authorizations were established in 2015 allowing for Williams Mullen and Riverbend
Development to submit Land Use Applications on behalf of the current property owners. Those
documents are included, as well as Land Use Authorizations from Crafton Corporation and
Horne Land Corporation. Please let me know if any additional information is necessary to
process this request.
Sincerely,
Ashley Davies
321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977
williamsmullen.com I A Professional Corporation
September 17, 2018
Page 2
Document List:
1. Application
2. Checklist
3. Signature Page
4. Pre -application Meeting Memo from Staff
5. Brookhill Ownership Chart
6. Brookhill Proffer Statement, dated September 17, 2018 (clean version)
7. Brookhill Proffer Statement (blackline comparison to approved proffers for ZMA 2015-
007)
8. Brookhill Proffers Calculation Spreadsheet, dated September 9, 2018
9. Land Use Authorization Forms and supporting documents
36930096_1
Original Proffers
Amendment
Brookhill
PROFFER STATEMENT
Date: September 17, 2018
ZMA No. 2015-007 Brookhill
Tax Map and Parcel Number(s): 04600-00-00-018A0, 04600-00-00-01800, 04600-00-00-019A0, 04600-
00-00-019131,04600-00-00-019B2,04600-00-00-019B3,and 04600-00-00-019134
Tax Map and Parcel Number(s) High School Site: 04600-00-00-018BO and 04600-00-00-018DO
Owner(s) of Record: CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH;
CHARLES R. HAUGH, & E. J. OGLESBY, JR., TRUSTEES; CROCKETT CORPORATION, a
VIRGINIA CORPORATION; HORNE LAND CORPORATION, a VIRGINIA CORPORATION
AND CRAFTON CORPORATION, a VIRGINIA CORPORATION
Date of Proffer Signature: 2018
Approximately 277.5 acres zoned NMD (Neighborhood Model District)
CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH are the owners of Tax Map
Parcel 04600-00-00-018A0; CHARLES R. HAUGH & E. J. OGLESBY, JR. TRUSTEES are the
owners of Tax Map Parcel 04600-00-00-01800; and CROCKETT CORPORATION is the owner of
Tax Map Parcels 04600-00-00-019A0, 04600-00-00-019131, 04600-00-00-019132, 04600-00-00-019B3,
and 04600-00-00-019134; all of the owners of such parcels are referred to herein, collectively as the
"Owner" and the parcels are referred to herein as the "Property". HORNE LAND CORPORATION is
the owner of Tax Map Parcel 04600-00-00-018BO and CRAFTON CORPORATION is the owner of
Tax Map Parcel 04600-00-00-018D0. The Property is the subject of the rezoning application identified
by Albemarle County (the "County") as "ZMA 2015-007" for a project known as `Brookhill"(the
"Project'), which includes the application plan prepared by Collins Engineering entitled, "Brookhill
Neighborhood Model District (NMD) Application Plan," last revised September 16, 2016 (the
"Application Plan'), a Code of Development entitled the `Brookhill Neighborhood Model Code of
Development," last revised August 8, 2018 (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. Thcse conditions are proffered as a part of the proposed rezoning, and the
Owner acknowledges that the conditions are reasonable.
1. Transportation Imnrovements.
A. Polo Grounds Road Improvements. Pursuant to road plans approved by the Virginia Department
of Transportation ("VDOT"), the Owner shall construct all intersection and turn lane
improvements, including improvements to the horizontal alignment, vertical alignment and cross-
section of Polo Grounds Road ("Polo Grounds Road Improvements"). The Polo Grounds Road
Improvements shall be completed in two phases. Owner shall begin construction of Phase I, as
depicted on the Figure A, Brookhill Traffic Phasing Plan ("Traffic Phasing Plan'), prior to the
issuance of a building permit ("Permit') for the first (I") dwelling within the Project, and the
Phase I Polo Grounds Road Improvements shall be substantially completed prior to issuance of
either i) a Permit for the fiftieth (50"i) dwelling (other than an Assisted Living, nursing home, rest
home or convalescent facility) within the Project, or ii) a certificate of occupancy for any units
within a multi -family dwelling within the Project. Phase IV, as depicted on the Traffic Phasing
Plan, shall be completed prior to issuance of any Permit for a dwelling (other than a multi -family
dwelling, Assisted Living, nursing home, rest home or convalescent facility) within Blocks 14-18
of the Project. The Polo Grounds Road Improvements shall be designed and constructed to
applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The Polo
Grounds Road Improvements shall be determined to be substantially completed by: i) the
Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the
VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are
substantially complete.
Pursuant to approval by VDOT, Polo Grounds Road Improvements shall include salamander
tunnels, shown conceptually in Figure B, ("Salamander Crossing Exhibit"). Maintenance of the
salamander tunnels shall be the responsibility of the Owner, and a maintenance agreement shall
be established and approved by VDOT during the VDOT review of the road plans for the Polo
Grounds Road Improvements.
B. Route 29 Intersection Improvements. Pursuant to road plans approved by VDOT, the Owner
shall construct all intersection and turn lane improvements along Route 29, conceptually depicted
on the Application Plan ("Route 29 Intersection Improvements"). The Route 29 Intersection
Improvements shall be substantially completed prior to issuance of either i) a Permit for the
fiftieth (50") dwelling (other than an Assisted Living, nursing home, rest home or convalescent
facility) within the Project or ii) a certificate of occupancy for any units within a multi -family
dwelling within the Project. The Route 29 Intersection Improvements shall be designed and
constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric
Design. The Route 29 Intersection Improvements shall be determined to be substantially
completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are constructed,
inspected and the VDOT construction bond is released, or iii) a VDOT official otherwise
confirms that they are substantially complete.
C. Ashwood Boulevard Connection. Pursuant to road plans approved by VDOT and a temporary
construction easement and maintenance agreement approved by the County, the Owner shall
construct the Ashwood Boulevard Connection, as conceptually depicted with improvements and
landscaping shown on Exhibit C, Ashwood Boulevard Connection ("Ashwood Boulevard
Connection"). The Ashwood Boulevard Connection, which includes a pedestrian connection,
shall be bonded prior to road plan approval and substantially completed prior to: i) the issuance of
the five hundredth (500th) Permit for a dwelling (other than a multi -family dwelling, Assisted
Living, nursing home, rest home or convalescent facility) or ii) the issuance of the eight
hundredth (800th) Permit for any dwelling type within the Project, whichever first occurs. In any
event, Owner shall have completed the Ashwood Boulevard Connection prior to the completion
of the western extension of Ashwood Boulevard to Berkmar Drive Extension.
Until such time as the County determines to submit the Ashwood Boulevard Connection for
public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and
insurance of the Ashwood Boulevard Connection. The Owner shall submit a temporary
construction easement and maintenance agreement that is acceptable to the County prior to
approval of road plans for Phase I roadway improvements. The Owner's improvements shall be
dedicated, together with the County -owned right-of-way at such time as the County determines to
submit the Ashwood Boulevard Connection for public dedication. The Ashwood Boulevard
Page 2 of 10
Connection shall be determined to be substantially completed by: i) the Albemarle County
Engineer, or its designee or ii) when it is constructed, inspected and VDOT has accepted the
Ashwood Connection for dedication, or iii) a VDOT official otherwise confirms that they are
substantially complete.
D. Rio Mills Road Connection. Within six (6) months after written request by the County, the
Owner shall dedicate to the County, by General Warranty Deed and without consideration, fee
simple title to a parcel of land for a public road connection from Rio Mills Road to the Berkmar
Drive Extension in the approximate location shown on Exhibit D, Rio Mills Roadway Connection
("Rio Mills Road Connection").
E. Transit Stop. The Owner shall construct a Transit Stop within the general location shown as a
proposed Transit Stop on the Application Plan (the "Transit Stop"). The Transit Stop shall be
designed and constructed in coordination with, and approval by the County Director of
Community Development and Regional Transit Authority (if in place) and shall incorporate a
shelter, including a rest bench, pedestrian access, and signage equal to or better than the current
transit stops for Charlottesville Area Transit (CAT). The Transit Stop shall be installed and
completed concurrently with the installation of surrounding roads and sidewalks within Block 1.
The Transit Stop and above referenced features shall be dedicated to public use, or the Owner
shall grant an easement as necessary to allow for the public access and usage of such facilities.
F. Public Transit Operating Expenses.Within sixty (60) days of transit services to the Property
having commenced by CAT, a regional transit authority, or other provider of transit service
selected by the County, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the
County to be used for operating expenses relating to transit service to the Property; and Owner
shall contribute Fifty Thousand Dollars ($50,000) to the County each year thereafter for a period
of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer
1G, shall not exceed Five Hundred Thousand Dollars ($500,000). The monetary contribution in
years two (2) through ten (10) shall be paid by the anniversary date of the first contribution and
each such contribution shall be conditioned upon transit service being provided to the Property
during the twelve (12) month period prior to such contribution.
G. Construction Traffic Management. The Owner shall establish Construction Entrances to the
Property in locations as approved by the County and VDOT as part of the Erosion and Sediment
Control Plan and Site Plan process. During the period in which all roads will be constructed
within the Property (and until completion), construction traffic shall be required to use the
Construction Entrances as designated in the approved Erosion and Sediment Control Plan. The
Owner shall prohibit such construction traffic from entering the Project via Ashwood Boulevard
and Montgomery Ridge Road. Once the roads are completed and dedicated for public use the
Owner shall no longer have the authority or responsibility to regulate traffic thereon.
H. Road Improvements, Generally The road improvements listed in paragraph 1C (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.
I. Polo Grounds Road Railroad Overpass. Within ninety (90) days after the request by the County
and the approval by VDOT, Owner shall cause to be installed, at Owners expense, a traffic signal
at the Polo Grounds Road and Norfolk Southern Railroad Overpass. If, within ten (10) years after
the date of issuance of the first (1st) CO for a single-family dwelling within the Project, the
Page 3 of 10
County has not so requested, (or VDOT has not approved the traffic signal within that time
period) the Owner shall be relieved of any obligation to install a traffic signal.
2. Trails, Parks and Civic Spaces. The Owner shall provide the following improvements within the
property:
A. Trail Network. A primitive trail network (the "Trail Network"), consistent with the County's
design standards for a Class B- type 1 primitive nature trail, shall be established within the
Greenway as described within the Code of Development. The general location of the Trail
Network is shown on the Application Plan; however exact trail locations shall be determined by
the Owner based on site conditions and in coordination with the County. Installation of the Trail
Network shall commence concurrently with the site work for the first Block developed within the
Project and the entire trail network shall be substantially completed prior to issuance of the five
hundredth (500th) Permit for a dwelling (other than a Multi -family dwelling, Assisted Living,
nursing home, rest home or convalescent facility) within the Project. The Trail Network shall be
determined to be substantially completed by the Albemarle County Engineer, or its designee.
Upon written request by the County, but not prior to the issuance of the five hundredth (500th)
Permit for a 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.
Pursuant to signage plan approval by the Rivanna Water and Sewer Authority (the "RWSA"), the
Owner shall install signage along the Trail Network within the Dam Break Inundation Zone
designating evacuation routes. Signage shall be installed as the Trail Network is established.
B. Parks and Civic Spaces. The Owner shall provide not less than 3.2 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 fortieth (40th) 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
number of units that are allowed by right under the zoning in existence prior to the approval of
this ZMA 2015-007 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 two hundred sixty-nine (269) 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 Seven Thousand Three Hundred and Thirty-three and 18/100 Dollars
Page 4 of 10
($7,333.18) 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 269th single family dwelling unit and prior to the issuance of a CO for the 270th single family
dwelling unit. The cash contributions for each single family attached Market Rate Unit shall be
Five Thousand Four Hundred and Forty-seven and 57/100 Dollars ($5,447.57), 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 Seven Thousand Four Hundred Nineteen and 91/100 Dollars ($7,419.91), other
than a constructed For Sale Affordable Housing Unit or For Rent Affordable Housing Unit within
the Project qualifying as such under Proffer 4.
4. Affordable Housin¢.
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of
residential units constructed on the Property. For example; if one thousand (1000) total units are
constructed in the Project, one hundred fifty (150) 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, ("Affordable Units") or through cash
contributions, as more particularly described in sections 4A, 4B and 4C 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,
and shall not exceed sixty-five percent (65%),of VHDA's Maximum Sales Price for first-time
homebuyers. 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 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). Carriage Units, as defined in the Code, shall not exceed twenty-five percent
(25%) of the total Affordable Units.
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 413, 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
Page 5 of 10
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.
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 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 exercise the option to make, and thereby, shall pay the Affordable Housing Cash Proffer to the
County, if the Affordable Housing requirement has not been proportionally met otherwise, in four (4)
installments; after an inspection and prior to the issuance of approval of a CO for each of the two
hundredth (200th), five hundredth (500th), eight hundredth (800th), and one thousandth (1000th) dwelling
unit :within the Project. The total Cash in lieu contribution due to Albemarle County at each of the four
(4) 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.
5. Cost Index.
Beginning January 1 of each year following the approval of ZMA 2015-007, the amount of each cash
contribution required by Proffers 3 and 4 (collectively, the "Cash Contributions" and individually "Cash
Contribution") 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 for masonry walls in the Mid -Atlantic
("MSP'). The annual adjustment shall be made by multiplying the proffered Cash Contributions 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 $7,333.18 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
Page 6 of 10
hereinafter as the "Cash Contribution Due"), provided, however, in no event shall the Cash Contribution
amount paid by the Owner be less than Seven Thousand Three Hundred Thirty-three and 18/100 Dollars
$7,333.18 per single family detached Market Rate Unit and Five Thousand Four Hundred Forty-seven
and 57/100 Dollars $5,447.57 per single family attached Market Rate Unit and Seven Thousand Four
Hundred Nineteen and 91/100 Dollars $7,419.91 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.
4
6. Credit For In -Kind Contributions.
Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash
Contributions shall not commence until the number of units, to which such Cash Contributions apply
have been completed that results in what would otherwise have been a total Cash Contribution equal to
the total value of: i) the Elementary School Site, and related improvements to be completed by Owner, ii)
the High School Site, iii) the Rio Mills Road Connection, iv) the Polo Grounds Road Improvements, v)
Route 29 Intersection Improvements, vi) Ashwood Boulevard Connection, and vii) the Trail Network,
(collectively referred to as the "In-kind Contribution"). The In -Kind Contribution amount shall be
$28,336,662.00. 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 any per unit Cash Contributions until the time of the issuance of the building
permit for a new unit completed after applying a credit for the In-kind Contribution. In the event that the
Project is completed prior to the balance of the In-kind Contribution being exhausted, any remaining
balance of the In-kind Contribution may not be applied for any other project or development.
The In -Kind Contribution shall be adjusted annually pursuant to the cost index formula established it
Proffer 5, with requirement that the In -Kind Contribution amount shall never be less than $28,336,662.00.
7. Elementary School Site
Within one year after written request by the County, but in no event earlier than one year after the date of
issuance of the first (I') CO issued for a dwelling within the Project, the Owner shall dedicate to the
County, ;by General Warranty Deed and without consideration, fee simple title to a parcel of land for a
public elementary school of, as shown on Figure E: Brookhill School Sites Exhibit and labeled
"Elementary School Site" (the " Elementary School Site"). The Elementary School site shall not be less
than seven (7) acres, and shall abut a publicly -dedicated right of way. The Elementary School Site shall
be a graded and compacted pad site with water, sewer and electricity utility connections constructed to the
edge of the parcel to accommodate an elementary school according to standards of the County School
Division's Building Seryipes Department. At the option of the County, and in lieu of the construction of
a school, a public park may be established by the County on the Elementary School Site.
8. Public Hieh School or Institutional Use Site.
Within one year after written request by the County, the Owner shall dedicate to the County, by General
Warranty Deed and without consideration, fee simple title to a parcel of land for a public high school,
and/or such other use as the County may determine suitable, of not less than sixty (60) acres abutting a
publicly -dedicated right of way, as shown on Figure E: Brookhill Schools Sites Exhibit and labeled "High
Page 7 of 10
School Site" (the "High School Site"). The High School Site shall be conveyed as -is, without any
improvements or warranty as to suitability.
9. Historic Resources.
A. National Register of Historic Places Eli ibiliri. The existing Brookhill dwelling is eligible for
the National Register of Historic Places. Owner shall address any adverse impact to this
designation as part of the Section 106 Review under the National Historic Preservation Act of
1966 (NHPA), which is administered by the Virginia Department of Historic Resources (DHR).
B. Cemetery Delineation. Owner shall i) delineate any cemeteries encountered within the Project
on the site plan or subdivision plat for the area to be developed which contains such cemetery or
cemeteries, and ii) submit a treatment plan for any such cemetery for approval by the County
Director of Community Development, or its designee at the plan or plat review.
C. Greenway Area Woodlands Camp. There shall be no land disturbance by Owner or by any of its
licensees, or successors of the Woodlands Camp located in the Greenway Area and identified in
the Phase I Historic Resources Study for the Project.
This Proffer Statement may be executed in any number of counterparts, each of which shall be an original
and all of which together shall constitute but one and the same instrument.
Page 8 of 10
WITNESS the following signature:
OWNERS of Tax Map Parcel 04600-00-00-018A0:
By:
CHARLES R. HAUGH
By:
ELIZABETH ANN OGLESBY HAUGH
Date: „ls.
OWNERS of Tax Map Parcel 04600-00-00-01800
By:
CHARLES R. HAUGH, TRUSTEE
0
E. J. OGLESBY, JR., TRUSTEE
Date:
OWNER of Tax Map Parcel 04600-00-00-01900:
CROCKETT CORPORATION, a Virginia corporation
By:
Charles R. Haugh, its President
Date:
OWNER of Tax Map Parcel 04600-00-00-018B0:
HORNE LAND CORPORATION, a Virginia corporation
0
Its President
Date:
Page 9 of 10
OWNER of Tax Map Parcel 04600-00-00-018D0:
CRAFTON CORPORATION, a Virginia corporation
MM
Its President
Date:
BROOKHILL INVESTMENTS, LLC, a Virginia limited liability company (Contract Purchaser)
Manager
Date:
36824136_2
a ,sp
s
Page 10 of 10
Original Proffers _X—
Amendment X
Brookhill
PROFFER STATEMENT
Date:Oetaber-13 2046September 17.2018
ZMA No. 2015-007 Brookhill
Tax Map and Parcel Number(s): 04600-00-00-018A0, 04600-00-00 01800 mWQVft
04600-00-00-01900019A0. 04600-00-00-019111. 04600-00-00-019B2. 04600-00-00-019B and
4600-00-00-019B
Tax Map and Parcel Number(s) High School Site: 04600-00-00-018BO and 04600-00-00-018DO
Owner(s) of Record: CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH;
CHARLES R. HAUGH, & E. J. OGLESBY, JR., TRUSTEES; CROCKETT CORPORATION, a
VIRGINIA CORPORATION; HORNE LAND CORPORATION, a VIRGINIA CORPORATION
AND CRAFTON CORPORATION, a VIRGINIA CORPORATION
Date of Proffer Signature: , 24162$
Approximately 277.5 acres to be «e 5aned & em R I n--_a-n"a! 'azoned NMD (Neighborhood Model
District)
CHARLES R. HAUGH & ELIZABETH ANN OGLESBY HAUGH are the owners of Tax Map
Parcel 04600-00-00-018A0; CHARLES R. HAUGH & E. J. OGLESBY, JR. TRUSTEES are the
owners of Tax Map Parcel 04600-00-00-01800; and CROCKETT CORPORATION is the owner of
Tax Map PeFee42arcels 04600-00-00-0�900019A0. 04600-00-00-019111. 04600-00-00-0]9112.
04690-09-00-019113, and 04600-00-00-019114; all of the owners of such parcels are referred to herein,
collectively as the "Owner" and the parcels are referred to herein as the "Property". HORNE LAND
CORPORATION is the owner of Tax Map Parcel 04600-00-00-018BO and CRAFTON
CORPORATION is the owner of Tax Map Parcel 04600-00-00-018D0. The Property is the subject of
the rezoning application identified by Albemarle County (the "County") as "ZMA 2015-007' for a
project known as `Brookhill"(the "Project'), which includes the application plan prepared by Collins
Engineering entitled, `Brookhill Neighborhood Model District (NMD) Application Plan," last revised
September 16, 2016 (the "Application Plan"), a Code of Development entitled the "Brookhill
Neighborhood Model Code of Development," last revised 9steber-t3;-2&1-6Aug ust 8. 018 (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
A. Polo Grounds Road Improvements. Pursuant to road plans approved by the Virginia Department
of Transportation ("VDOT"), the Owner shall construct all intersection and turn lane
improvements, including improvements to the horizontal alignment, vertical alignment and
cross-section of Polo Grounds Road ("Polo Grounds Road Improvements"). The Polo Grounds
Road Improvements shall be completed in two phases. Owner shall begin construction of Phase
I, as depicted on the Figure A, Brookhill Traffic Phasing Plan ("Traffic Phasing Plan"), prior to
the issuance of a building permit (`Permit") for the first (l") dwelling within the Project, and the
Phase I Polo Grounds Road Improvements shall be substantially completed prior to issuance of
either i) a Permit for the fiftieth (501) dwelling (other than an Assisted Living, nursing home, rest
home or convalescent facility) within the Project, or ii) a certificate of occupancy for any units
within a multi -family dwelling within the Project. Phase IV, as depicted on the Traffic Phasing
Plan, shall be completed prior to issuance of any Permit for a dwelling (other than a multi -family
dwelling, Assisted Living, nursing home, rest home or convalescent facility) within Blocks 14-18
of the Project. The Polo Grounds Road Improvements shall be designed and constructed to
applicable VDOT standards, including, without limitation, VDOT's Geometric Design. The
Polo Grounds Road Improvements shall be determined to be substantially completed by: i) the
Albemarle County Engineer, or its designee, or ii) when they are constructed, inspected and the
VDOT construction bond is released, or iii) a VDOT official otherwise confirms that they are
substantially complete.
Pursuant to approval by VDOT, Polo Grounds Road Improvements shall include salamander
tunnels, shown conceptually in Figure B, (`Salamander Crossing Exhibit"). Maintenance of the
salamander tunnels shall be the responsibility of the Owner, and a maintenance agreement shall
be established and approved by VDOT during the VDOT review of the road plans for the Polo
Grounds Road Improvements.
B. Route 29 Intersection Improvements Pursuant to road plans approved by VDOT, the Owner
shall construct all intersection and turn lane improvements along Route 29, conceptually depicted
on the Application Plan (`Route 29 Intersection Improvements"). The Route 29 Intersection
Improvements shall be substantially completed prior to issuance of either i) a Permit for the
fiftieth (50th) dwelling (other than an Assisted Living, nursing home, rest home or convalescent
facility) within the Project or ii) a certificate of occupancy for any units within a multi -family
dwelling within the Project. The Route 29 Intersection Improvements shall be designed and
constructed to applicable VDOT standards, including, without limitation, VDOT's Geometric
Design. The Route 29 Intersection Improvements shall be determined to be substantially
completed by: i) the Albemarle County Engineer, or its designee, or ii) when they are
constructed, inspected and the VDOT construction bond is released, or iii) a VDOT official
otherwise confirms that they are substantially complete.
C. Ashwood Boulevard Connection. Pursuant to road plans approved by VDOT and a temporary
construction easement and maintenance agreement approved by the County, the Owner shall
construct the Ashwood Boulevard Connection, as conceptually depicted with improvements and
landscaping shown on Exhibit C, Ashwood Boulevard Connection ("Ashwood Boulevard
Connection"). The Ashwood Boulevard Connection, which includes a pedestrian connection,
shall be bonded prior to road plan approval and substantially completed prior to: i) the issuance
of the five hundredth (500th) Permit for a dwelling (other than a multi -family dwelling, Assisted
Living, nursing home, rest home or convalescent facility) or ii) the issuance of the eight
hundredth (800th) Permit for any dwelling type within the Project, whichever first occurs. In any
event, Owner shall have completed the Ashwood Boulevard Connection prior to the completion
of the western extension of Ashwood Boulevard to Berkmar Drive Extension.
Until such time as the County determines to submit the Ashwood Boulevard Connection for
public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and
insurance of the Ashwood Boulevard Connection. The Owner shall submit a temporary
construction easement and maintenance agreement that is acceptable to the County prior to
approval of road plans for Phase I roadway improvements. The Owner's improvements shall be
Page 2 of 12
dedicated, together with the County -owned right-of-way at such time as the County determines to
submit the Ashwood Boulevard Connection for public dedication. The Ashwood Boulevard
Connection shall be determined to be substantially completed by: i) the Albemarle County
Engineer, or its designee or ii) when it is constructed, inspected and VDOT has accepted the
Ashwood Connection for dedication, or iii) a VDOT official otherwise confirms that they are
substantially complete.
Hartel of land for a public road connection from Rio Mills Road to the nem i e t
Berkmar Drive Extension in the approximate location shown on Exhibit D, Rio Mills Roadway
Connection ("Rio Mills Road Connection"). The Mills Read Cannee.:e_ sh l
unit (etheF than a Hikilti famO� dwelling, Assisied Living. HUFSifig hOffie, FOS! h0ffle OF
Of BOA r.,..:a,._ iRl ,. Min 1318.. , � £ �. �
r , ti eyeim c
E. Transit Stop. The Owner shall construct a Transit Stop within the general location shown as a
proposed Transit Stop on the Application Plan (the "Transit Stop"). The Transit Stop shall be
designed and constructed in coordination with, and approval by the County Director of
Community Development and Regional Transit Authority (if in place) and shall incorporate a
shelter, including a rest bench, pedestrian access, and signage equal to or better than the current
transit stops for Charlottesville Area Transit (CAT). The Transit Stop shall be installed and
completed concurrently with the installation of surrounding roads and sidewalks within Block 1.
The Transit Stop and above referenced features shall be dedicated to public use, or the Owner
shall grant an easement as necessary to allow for the public access and usage of such facilities.
Public Transit Operating Ex en rises. Within sixty (60) days of transit services to the Property
having commenced by CAT, a regional transit authority, or other provider of transit service
selected by the County, the Owner shall contribute Fifty Thousand Dollars ($50,000) to the
County to be used for operating expenses relating to transit service to the Property; and Owner
shall contribute Fifty Thousand Dollars ($50,000) to the County each year thereafter for a period
of nine (9) additional years, such that the cash contributed to the County pursuant to this Proffer
1G, shall not exceed Five Hundred Thousand Dollars ($500,000). The monetary contribution in
years two (2) through ten (10) shall be paid by the anniversary date of the first contribution and
each such contribution shall be conditioned upon transit service being provided to the Property
during the twelve (12) month period prior to such contribution.
Page 3 of 12
G. Construction Traffic Management. The Owner shall establish Construction Entrances to the
Property in locations as approved by the County and VDOT as part of the Erosion and Sediment
Control Pian and Site Plan process. During the period in which all roads will be constructed
within the Property (and until completion), construction traffic shall be required to use the
Construction Entrances as designated in the approved Erosion and Sediment Control Plan. The
Owner shall prohibit such construction traffic from entering the Project via Ashwood Boulevard
and Montgomery Ridge Road. Once the roads are completed and dedicated for public use the
Owner shall no longer have the authority or responsibility to regulate traffic thereon.
H. Road Improvements. Generally. The road improvements listed in paragrap4isnara raoli 1C and
444 (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.
Polo Grounds Road Railroad Overpass. Within ninety (90) days after the request by the County
and the approval by VDOT, Owner shall cause to be installed, at Owners expense, a traffic signal
at the Polo Grounds Road and Norfolk Southern Railroad Overpass. If, within ten (10) years after
the date of issuance of the first (lst) CO for a single-family dwelling within the Project, the
County has not so requested, (or VDOT has not approved the traffic signal within that time
period) the Owner shall be relieved of any obligation to install a traffic signal.
2. Trails. Parks and Civic Spaces. The Owner shall provide the following improvements within the
property:
A. Trail Network. A primitive trail network (the "Trail Network"), consistent with the County's
design standards for a Class B- type 1 primitive nature trail, shall be established within the
Greenway as described within the Code of Development. The general location of the Trail
Network is shown on the Application Plan; however exact trail locations shall be determined by
the Owner based on site conditions and in coordination with the County. Installation of the Trail
Network shall commence concurrently with the site work for the first Block developed within the
Project and the entire trail network shall be substantially completed prior to issuance of the five
hundredth (500th) Permit for a dwelling (other than a Multi -family dwelling, Assisted Living,
nursing home, rest home or convalescent facility) within the Project. The Trail Network shall be
determined to be substantially completed by the Albemarle County Engineer, or its designee.
Upon written request by the County, but not prior to the issuance of the five hundredth (500th)
Permit for a 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.
Pursuant to signage plan approval by the Rivanna Water and Sewer Authority (the "RWSA"), the
Owner shall install signage along the Trail Network within the Dam Break Inundation Zone
designating evacuation routes. Signage shall be installed as the Trail Network is established.
Page 4 of 12
B. Parks and Civic Spaces. The Owner shall provide not less than 3.2 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 fortieth (40th) CO for a residential dwelling unit in the Block in which it is
located. Parks and Civic Spaces shall be conveyed toT 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
number of units that are allowed by right under the zoning in existence prior to the approval of
this ZMA 2015-007 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 -I Residential zoning is two hundred sixty-nine (269) 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 Seven Thousand Three Hundred and Thirty-three and 18/100 Dollars
($7,333.18) 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 269th single family dwelling unit and prior to the issuance of a CO for the 270th single
family dwelling unit. The cash contributions for each single family attached Market Rate Unit
shall be Five Thousand Four Hundred and Forty-seven and 57/100 Dollars ($5,447.57), 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 Seven Thousand Four Hundred Nineteen and 91/100
Dollars ($7,419.91), other than a constructed For Sale Affordable Housing Unit or For Rent
Affordable Housing Unit within the Project qualifying as such under Proffer 4.
4. Affordable Housing,
The Owner shall provide affordable housing equal to fifteen percent (15%) of the total number of
residential units constructed on the Property. For example, if one thousand (1000) total units are
constructed in the Project, one hundred fifty (150) 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, ("Affordable Units") or through cash
contributions, as more particularly described in sections 4A, 4B and 4C 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,
and shall not exceed sixty-five percent (65%) of VHDA's Maximum Sales Price for first-time
homebuyers. 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 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
Page 5 of 12
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). Carriage Units, as defined in the Code, shall not exceed twenty-five percent
(25%) of the total Affordable Units.
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 413, 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 Interect. 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 413(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.
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 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 exercise the option to make, and thereby shall pay the Affordable Housing Cash Proffer to the
County, if the Affordable Housing requirement has not been proportionally met otherwise, in four (4)
Page 6 of 12
installments; after an inspection and prior to the issuance of approval of a CO for each of the two
hundredth (200th), five hundredth (500th), eight hundredth (800th), and one thousandth (1000th)
dwelling unit within the Project. The total Cash in lieu contribution due to Albemarle County at each of
the four (4) 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.
5. Cost Index.
Beginning January 1 of each year following the approval of ZMA 2015-007, the amount of each cash
contribution required by Proffers 3 and 4 (collectively, the "Cash Contributions" and individually "Cash
Contribution") 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 for masonry walls in the Mid -Atlantic
("MSI"). The annual adjustment shall be made by multiplying the proffered Cash Contributions 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 l in the year
preceding the calendar year most recently ended (the "Annual Percentage Change"). By way of example,
the first annual adjustment shall be $7,333.18 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 Seven Thousand Three Hundred Thirty-three and 18/100 Dollars
$7,333.18 per single family detached Market Rate Unit and Five Thousand Four Hundred Forty-seven
and 57/100 Dollars $5,447.57 per single family attached Market Rate Unit and Seven Thousand Four
Hundred Nineteen and 91/100 Dollars $7,419.91 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.
6. Credit For In -Kind Contributions.
Notwithstanding the provisions of these Proffers to the contrary, the Owner's obligation to pay Cash
Contributions shall not commence until the number of units, to which such Cash Contributions apply
have been completed that results in what would otherwise have been a total Cash Contribution equal to
the total value of. i) the Elementary School Site, and related improvements to be completed by Owner,
ii) the High School Site, iii) the Rio Mills Road Connection, iv) the Polo Grounds Road Improvements,
v) Route 29 Intersection Improvements, vi) Ashwood Boulevard Connection, and vii) the Trail Network,
(collectively referred to as the "In-kind Contribution"). The In -Kind Contribution amount shall be
$3l,086 662-86?R336.662.00. 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 any per unit Cash Contributions until the time of the issuance of the
building permit for a new unit completed after applying a credit for the In-kind Contribution. In the
event that the Project is completed prior to the balance of the In-kind Contribution being exhausted, any
remaining balance of the In-kind Contribution may not be applied for any other project or development.
The In -Kind Contribution shall bg adiusted annually o yrs cant to the cost index formula tstablished in
Proffgr_5. with requirement that the In -Kind Contribution amount shall n v r bQ less than
$28-336-662.00.
Page 7 of 12
7. Elementary School Site
Within one year after written request by the County, but in no event earlier than one year after the date of
issuance of the first (11) CO issued for a dwelling within the Project, the Owner shall dedicate to the
County, by General Warranty Deed and without consideration, fee simple title to a parcel of land for a
public elementary school of, as shown on Figure E: Brookhill School Sites Exhibit and labeled
"Elementary School Site" (the " Elementary School Site"). The Elementary School site shall not be less
than seven (7) acres, and shall abut a publicly -dedicated right of way. The Elementary School Site shall
be a graded and compacted pad site with water, sewer and electricity utility connections constructed to
the edge of the parcel to accommodate an elementary school according to standards of the County School
Division's Building Services Department. At the option of the County, and in lieu of the construction of
a school, a public park may be established by the County on the Elementary School Site.
S. Public High School or Institutional Use Site,
Within one year after written request by the County, the Owner shall dedicate to the County, by General
Warranty Deed and without consideration, fee simple title to a parcel of land for a public high school,
and/or such other use as the County may determine suitable, of not less than sixty (60) acres abutting a
publicly -dedicated right of way, as shown on Figure E: Brookhill Schools Sites Exhibit and labeled
"High School Site" (the "High School Site"). The High School Site shall be conveyed as -is, without any
improvements or warranty as to suitability.
9. Historic Resources.
A. National Register of Historic Places Eli ibg ility. The existing Brookhill dwelling is eligible for
the National Register of Historic Places. Owner shall address any adverse impact to this
designation as part of the Section 106 Review under the National Historic Preservation Act of
1966 (NHPA), which is administered by the Virginia Department of Historic Resources (DHR).
B. Cemetery Delineation. Owner shall i) delineate any cemeteries encountered within the Project
on the site plan or subdivision plat for the area to be developed which contains such cemetery or
cemeteries, and ii) submit a treatment plan for any such cemetery for approval by the County
Director of Community Development, or its designee at the plan or plat review.
C. Greenway Area Woodlands Camp. There shall be no land disturbance by Owner or by any of its
licensees, or successors of the Woodlands Camp located in the Greenway Area and identified in
the Phase I Historic Resources Study for the Project.
This Proffer Statement may be executed in any number of counterparts, each of which shall be an
original and all of which together shall constitute but one and the same instrument.
Page 8 of 12
WITNESS the following signature:
OWNERS of Tax Map Parcel 04600-00-00-018A0:
0
CHARLES R HAUGH
By:
ELIZABETH ANN OGLESBY HAUGH
Date:
OWNERS of Tax Map Parcel 04600-00-00-01800:
By:
CHARLES R. HAUGH, TRUSTEE
By:
E. J. OGLESBY, JR., TRUSTEE
Date:
OWNER of Tax Map Parcel 04600-00-00-01900:
CROCKETT CORPORATION, a Virginia corporation
By:
Charles R. Haugh, its President
Date:
OWNER of Tax Map Parcel 04600-00-00-018B0:
HORNE LAND CORPORATION, a Virginia corporation
By:
Its President
Date:
Page 9 of 12
OWNER of Tax Map Parcel 04600-00-00-018D0:
CRAFTON CORPORATION, a Virginia corporation
Its President
Date:
BROOKHILL INVESTMENTS, LLC, a Virginia limited liability company (Contract Purchaser)
Manager
Date:
Page 10 of 12
Document comparison by Workshare 9 on Monday, September 17, 2018 9:26:44
AM
Input:
Document 1 ID
interwovenSite://WM-IW-APP.WILLIAMSMULLEN.COM/I
Insertions
WOVRIC/36929748/1
Description
36929748v1<IWOVRIC> - Brookhill - Final Proffer
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OVRIC/36824136/2
Description
36824136v2<IWOVRIC> - Brookhill - Proffer Amendment
20180917
Rendering set IStandard
change
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Count
Insertions
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Deletions
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Total changes 37
Brookhill Proffer Calculations
Export Date 9/10/2018
Escalation Rate 3%
Single Family Detached
COMPUTATION
425
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
25
Single Family Attached
1,965,105
1,965,105
213
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
12.5
CASH PROFFERS DUE BASED ON ABOVE TIMELINE
72,242
(3,919,951)
76,641
78,940
81,309
83,748
2,025,440
88,848
150,645 348,030 358,471 369,225 380,302 391,711 403,462
Single Family Detached
3,989,541
7,333
425
183,330
188,829
194,494
200,329
206,339
212,529
218,905
225,472
232,236
239,203
246,380
253,771
261,384
269,226
277,302
285,621
294,190 - - -
Single Family Attached
1,481,847
5,448
213
68,095
70,137
72,242
74,409
76,641
78,940
81,309
83,748
86,260
88,848
91,513
94,259
97,087
99,999
102,999
106,089
109,272 - - -
MultifamilyA
1,576,731
7,420
213
1,576,731
Multifamily
1,939,180
7,420
276
1,939,180
Total Cash Proffers Due
8,987,299
-
251,424
1,835,698
266,736
274,738
282,980
291,469
300,214
309,220
2,257,677
328,051
337,893
348,030
358,471
369,225
380,302
391,711
403,462 - - -
NONCASH & IN KIND COMPUTATION
COMPUTATION
High School Site (County Value)
5,250,000
5,250,000
Polo Grounds/ 29 Improvements
9,307,281
9,307,281
Route 29 Signalization
(22,053,386)
600,000
Ashwood Connection
3,994,360
3,994,360
Brookhill Elementary lGrading/Utilities)
3,111,000
3,111,000
Brookhill Elementary School(Land-Appraisal Group
1,820,000
1,820,000
Brookhill Trail Network (Grading)
1,965,105
1,965,105
Rio Mills Connection (VDOT - H82)
(194,494) (200,329)
(206,339) (212,529) (218,905) (225,472)
Total Nan -Cash &In Kind Proffers
26,047,746
22,053,386 - 3,994,360 - - - - - - - - - - - - - - -
CREDITS AVAILBLE AGAINST CASH PROFFERS
COMPUTATION
M ultdam ily Water/Sewer Tap Fees
2,112,500
Non -Cash and In Kind Proffers
(26,047,746)
- -
(22,053,386)
- (3,994,360)
- - - -
- - - - - - - - - - - -
By -Right Credit (Estimated lots sold/period)
269
25
25
25 25
25 25 25 25
25 25 19
By -Right Credit (total)
(2,288,916)
(183,330)
(188,829)
(194,494) (200,329)
(206,339) (212,529) (218,905) (225,472)
(232,236) (239,203) (187,248)
TOTAL AVAILABLE CREDIT AGAINST CASH PROFFER
(28,336,662)
(183,330)
(22,242,216)
(194,4941 4,194,689)
(206,339) (212,529) (218,905) (225,472)
(232;236) (239,203) (187,248) -
CASH PROFFERS DUE AND CREDITS AVAILABLE
COMPUTATION
M ultdam ily Water/Sewer Tap Fees
2,112,500
-
2,112,500
Residential Tap Fees
13,099,308
Affordability Proffer (if Cash in Lieu is paid)
Cash Proffers Due
8,987,299
- 251,424
1,835,698
266,736
274,738
282,980
291,469
300,214
309,220
2,257,677
328,051
337,893 348,030 358,471 369,225 380,302 391,711 403,462 - - -
Credits Available against Cash Proffers
(28,336,662)
- (183,330)
(22,242,216)
(194,494)
(4,194,689)
(206,339)
(212,529)
(218,905)
(225,472)
(232,236)
(239,203)
(187,248) - - - - - - - -
Overpayment of Cash Proffers thru Credifs
19,349,363)
- 68,095
(20,406,518)
72,242
(3,919,951)
76,641
78,940
81,309
83,748
2,025,440
88,848
150,645 348,030 358,471 369,225 380,302 391,711 403,462
ADDITIONAL PROFFERS
M ultdam ily Water/Sewer Tap Fees
2,112,500
-
2,112,500
Residential Tap Fees
13,099,308
Affordability Proffer (if Cash in Lieu is paid)
4,725,782 24,375 156
217,162
223,676
230,387
237,298
244,417
251,750
259,302
267,081
275,094
283,347 291,847 300,602 309,621 318,909 328,476 338,331 348,481
Transit
500,000 323 1,550
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
TOTAL ADDITIONAL PROFFERS
5,225,782 -
267,162
273,676
280,387
287,298
294,417
301,750
309,302
317,081
325,094
333,347 291,847 300,602 309,621 318,909 328,476 338,331 348,481
OTHER COUNTY FEES
M ultdam ily Water/Sewer Tap Fees
2,112,500
-
2,112,500
Residential Tap Fees
13,099,308
487,500
502,125
517,189 532,704 548,686 565,146 582,100 599,564 617,550 636,077 655,159 674,814 695,058 715,910 737,387 759,509 782,294 805,763 829,936 854,834
Commercial Tap Fee Estimate
1,500,000
1500,000
Estimated Rollback Taxes
1,554,830
1,554,830
Building Permit Fees
1,240,000
180,000 140,000
40,000
40,000 40,000 40,000 40,000 40,000 120,000 120,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000
Summary
Cash Proffers Due 8,987,299
Overpayment of Cash Proffers Due turn Non -Cash and In Kind Contribs 19,349,363
Affordability Proffer (If Cash in Lieu is paid) 4,725,782
Transit 500,000
Other County Fees 19,506,638