HomeMy WebLinkAboutZMA201800012 Proffers (draft) 2018-09-17 (
PROFFER STATEMENT
GALAXIE
Date: September 17, 2018
ZMA#: 2018- Galaxie Rezoning
Tax Map Parcel#: 09100-00-00-00900 and 09100-00-00-01500
13.362 acres to be rezoned from Residential R-1 ("R-1") to Planned Residential
Development("PRD")
Anna Marie Witmer and David S. Witmer are the fee simple owners of tax map parcel 09100-00-
00-00900(the"Witmer Property"). Mallie P. Haynes and Jasper L. Haynes the fee simple owners
of tax map parcel 09100-00-00-01500 (together with the Witmer Property, the "Property"). Anna
Marie Witmer, David S. Witmer, Mallie P. Haynes and Jasper L. Haynes shall hereinafter
collectively be referred to as the "Owners." The Property is the subject of the zoning map
amendment application #ZMA-2018- known as "Galaixe." The Applicant for Galaxie
is Blackbird of Charlottesville, LLC, a Virginia limited liability company. The Galaxie
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.
1. Affordable Housing.
The Owners 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 are allowed by-right(the"15%Affordable Housing Requirement"). Prior to the approval
of ZMA 2018- , the property had a by-right development yield of 15 dwelling units.
If there are more than 15 dwelling units within the Project such that the 15% Affordable Housing
Requirement is applicable, 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, and accessory units.
A. For-Sale Affordable Dwelling Units. The Owner may meet the 15%affordable housing
objective by constructing the Affordable Dwelling Units. For purposes of this Proffer
1(A), "Affordable Dwelling Unit" shall mean any unit affordable to households with
incomes less than eighty percent(80%)of the area median income(as determined from
time to time by the Albemarle County Office of Housing) such that housing costs
consisting of principal, interest,real estate taxes and homeowners insurance(PITT)do
not exceed thirty percent (30%) of the gross household income; provided, however;
that in no event shall the selling price for such affordable units be more than sixty-five
percent (65%) of the applicable Virginia Housing Development Authority (VEDA)
maximum sales price/loan limit for first-time homebuyer programs at the beginning of
the 180-day period referenced in Proffer 1(A)(1) hereof (the "VHDA Limit"). The
Owner shall impose by contract the responsibility herein of constructing and selling the
Affordable Dwelling Units to any subsequent owner or developer of the Property (or
any portion thereof). Such subsequent owner(s) and/or developer(s) shall succeed to
the obligations of the Owner under this Proffer 1; and the term "Owner" shall refer to
such subsequent owner(s) and/or developer(s), as applicable. •
(1) Role of County Housing Office. All purchasers of the for-sale Affordable Dwelling
Units shall be approved by the Albemarle County Housing Office or its designee (the
"Housing Office"). At the proposed time of construction of any Affordable Dwelling
Unit,the Owner shall provide the Housing Office a period of one hundred eighty(180)
days to identify and approve an eligible purchaser for such affordable unit. The 180-
day qualification period shall commence upon written notice from the Owner to the
Housing Office of the approximate date the Unit is expected to receive a certificate of
occupancy from the County (the "Notice"). Such Notice shall be given no more than
ninety(90) days prior to the expected issuance of the certificate of occupancy, and the
180-day approval period shall extend no less than ninety(90)days after the issuance of
the certificate of occupancy.Nothing in this Proffer 1 shall prohibit the Housing Office
from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of Affordable Dwelling Units for approval by the
Housing Office. If, during the 180-day qualification period,(i)the Housing Office fails
to approve a qualified purchaser,or(ii)a qualified purchaser fails to execute a purchase
'contract for an Affordable Dwelling Unit, then, in either case, the Owner shall have
the right to sell the Unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 1.
This Proffer 1 shall apply only to the first sale of each of the for-sale Affordable
Dwelling Units. For the purposes of this Proffer 1, such Affordable Dwelling Units
shall be deemed to have been provided when the subsequent Owner/builder provides
written notice to the Albemarle County Office of Housing or its designee that the unit(s)
will be available for sale.
(2) Tracking. Each subdivision plat and site plan for land within the Property shall: i)
designate the lots or units,as applicable,that will constitute Affordable Dwelling Units
within the Project and ii)contain a running tally of the Affordable Dwelling Units either
constructed or contributed for under this Proffer 1. The designated lots or units shown
on the applicable subdivision plat or site plan may be shown as being constructed in a
future phase. The 15% Affordable Housing Requirement shall apply to the total
Project, not each phase of the Project.
B. 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
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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 requirement 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 1B 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 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.
2. Road Improvements. Pursuant to road plans approved by the Virginia Department of
Transportation ("VDOT") and a temporary construction easement and maintenance agreement
approved by the County, the Owner shall construct the Galaxie Farm Lane Connection, as
conceptually depicted with improvements and landscaping shown on the Application Plan
prepared by Shimp Engineering, dated September 17, 2018 ("Galaxie Farm Lane Connection").
The portion of Galaxie Farm Lane Connection labeled as "Road A, Phase 1" on Sheet 5 of 9 the
Application Plan shall be bonded prior to creation of any lots. The second portion of Galaxie Farm
Lane Connection,labeled as"Road A,Phase 2"on Sheet 5 of 9 of the Application, shall be bonded
prior to the creation of the fiftieth(50th)lots. In any event,Owner shall have completed the Galaxie
Farm Lane Connection prior to the completion of ninetieth (90th) certificate of occupancy.
Until such time as the County determines to submit the Galaxie Farm Lane Connection for
public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and
insurance of the Galaxie Farm Lane 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 roadway improvements. The Owner's improvements shall be dedicated at such time as
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the County determines to submit the Galaxie Farm Lane Connection for public dedication.
All Road Improvements shall be designed and constructed to applicable VDOT standards,
including without limitation,VDOT's Geometric Design Standards. Road Improvements shall be
deemed complete when they are constructed, bonded and ready to be recommended by the
Albemarle County Board of Supervisors for acceptance into the public system, and the County
Engineer shall have determined that the roadway is safe and convenient for traffic (hereinafter,
"completed").
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.
[SIGNATURE PAGE FOLLOWS]
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(
WITNESS the following duly authorized signature:
Owners:
By:
Anna Marie Witmer
By:
David S. Witmer
By:
Mallie P. Haynes
By:
Jasper L. Haynes
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PROFFER STATEMENT
GALAXIE
Date: September 17, 2018
ZMA#: 2018- Galaxie Rezoning
Tax Map Parcel #: 09100-00-00-00900 and 09100-00-00-01500
13.362 acres to be rezoned from Residential R-1 (11R-1") to Planned Residential
Development ("PRD")
Anna Marie Witmer and David S. Witmer are the fee simple owners of tax map parcel 09100-00-
00-00900 (the "Witmer Property"). Mallie P. Haynes and Jasper L. Haynes the fee simple owners
of tax map parcel 09100-00-00-01500 (together with the Witmer Property, the "Property"). Anna
Marie Witmer, David S. Witmer, Mallie P. Haynes and Jasper L. Haynes shall hereinafter
collectively be referred to as the "Owners." The Property is the subject of the zoning map
amendment application #ZMA-2018- known as "Galaixe." The Applicant for Galaxie
is Blackbird of Charlottesville, LLC, a Virginia limited liability company. The Galaxie
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.
1. Affordable Housing.
The Owners 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 are allowed by -right (the "15% Affordable Housing Requirement"). Prior to the approval
of ZMA 2018- , the property had a by -right development yield of 15 dwelling units.
If there are more than 15 dwelling units within the Project such that the 15% Affordable Housing
Requirement is applicable, 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, and accessory units.
A. For -Sale Affordable Dwelling Units. The Owner may meet the 15% affordable housing
objective by constructing the Affordable Dwelling Units. For purposes of this Proffer
1(A), "Affordable Dwelling Unit" shall mean any unit affordable to households with
incomes less than eighty percent (80%) of the area median income (as determined from
time to time by the Albemarle County Office of Housing) such that housing costs
consisting of principal, interest, real estate taxes and homeowners insurance (PITT) do
not exceed thirty percent (30%) of the gross household income; provided, however;
that in no event shall the selling price for such affordable units be more than sixty-five
percent (65%) of the applicable Virginia Housing Development Authority (VEDA)
net rent for each For -Rent Affordable Dwelling Unit may be increased up to three
percent (3%). For purposes of this Proffer 113, the term "net rent" means that the rent
does not include tenant -paid utilities. The requirement that the rents for such For -Rent
Affordable Dwelling Units may not exceed the maximum rents established in this
paragraph 1 B 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 113. 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 113. 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 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 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.
2. Road Improvements. Pursuant to road plans approved by the Virginia Department of
Transportation ("VDOT") and a temporary construction easement and maintenance agreement
approved by the County, the Owner shall construct the Galaxie Farm Lane Connection, as
conceptually depicted with improvements and landscaping shown on the Application Plan
prepared by Shimp Engineering, dated September 17, 2018 ("Galaxie Farm Lane Connection").
The portion of Galaxie Farm Lane Connection labeled as "Road A, Phase 1" on Sheet 5 of 9 the
Application Plan shall be bonded prior to creation of any lots. The second portion of Galaxie Farm
Lane Connection, labeled as "Road A, Phase 2" on Sheet 5 of 9 of the Application, shall be bonded
prior to the creation of the fiftieth (50th) lots. In any event, Owner shall have completed the Galaxie
Farm Lane Connection prior to the completion of ninetieth (90th) certificate of occupancy.
Until such time as the County determines to submit the Galaxie Farm Lane Connection for
public dedication, the Owner shall be responsible for all maintenance, repairs, bonding and
insurance of the Galaxie Farm Lane 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 roadway improvements. The Owner's improvements shall be dedicated at such time as
3
WITNESS the following duly authorized signature:
Owners:
Anna Marie Witmer
David S. Witmer
Mallie P. Haynes
Jasper L. Haynes
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