ZMA202200012 Proffers 2022-11-21PROFFER STATEMENT
FOR
Date: November 15, 2022
ZMA#: Arbor Oaks Townes Rezoning
Tax Map Parcel #: 06100-00-00-03800
The purpose of ZMA 2020-00010 is to rezone 0.96 acres from R-4 Residential to R-15 Residential
Fusion Properties, LLC, a Virginia lin kited liability company, is the fee simple owner of Tax Map Parcel
06100-00-00-03800 (the "Property"). Fusion Properties, LLC shall hereinafter be referred to as the
"Owner." ne Property is the subject of the zoning map amendment application #ZMA-2020-00010 known
as "Arbor Oaks Townes." The Applicant for Arbor Oaks is the Owner. The Arbor Oaks Towns
development is herein referred to as the "Project."
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily 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 Owner shall provide a total of two (2) Affordable Dwelling Units (as defined herein)
within the Project (the "Affordable Housing Requirement"). The Owner or its successors
in interest reserve the right to meet the Affordable Housing Requirement through a variety
of housing types, including but not limited to, for -sale units or rental units.
A. For -Sale Affordable Dwelling Units.
The Owner may meet the Affordable Housing Requirement by constructing Affordable
Dwelling Units. For purposes of this Proffer I(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) in no event shall the selling price for such affordable units be more than sixty-
five (65%) of the applicable federal HOME Investment Partnership Program (HOME)
Homeownership Value Limits at the beginning of the 180-day period referenced in
Proffer l(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.
B. Role of County Office of Housing.
All purchasers of the for sale Affordable Dwelling Units shall be approved by the
Albemarle County Office of Housing or its designee (die "Office of Housing"). At
the proposed time of construction of any Affordable Dwelling Unit, the Owner shall
provide the Office of Housing 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 Office of Housing
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 Office of
Housing 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 Office of Housing. If, during the 180-day qualification period, (i)
the Office of Housing fails to approve a qualified purchaser, (ii) a qualified purchaser
fails to execute a purchase 'contract for an Affordable Dwelling Unit or (iii) a local
non-profit affordable housing provider does not purchase the unit, then, in any 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.
C. For -Rent Affordable DwellinLy Units.
L Rental Rates. The net rent for each rental housing unit which shall qualify as
an Affordable Dwelling Unit ("For -Rent Affordable Dwelling Unit") shall not
exceed HUD's affordability standard of thirty percent (30%) of the income of a
household maldng less than or equal to sixty percent (60%) of the area median
income (as determined by HUD from time to time). In each subsequent calendar
year, the monthly net rent for each For -Rent Affordable Dwelling Unit may be
increased up to three percent (3%). The term "net rent" means that the rent does
not include Homeowners Association fees but does include an allowance for
tenant -paid utilities. The requirement that the rents for such For -Rent Affordable
Dwelling Units may not exceed the maximum rents established in this Section
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 VHDA, Farmers Home Administration, or Housing and Urban
Development, Section 8, whichever comes first (the "Affordable Term").
ii. 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 this Section. In addition, all
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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 Section. At least
thirty (30) days prior to the conveyance of any interest in any ForRent 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
Section have been satisfied.
iii. 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
Applicant or its successor shall provide to the 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 Applicant or its successor 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.
D. Trackin .
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 not be shown as being
constructed in a future phase.
3. Open Space Dedication to HOA.
The Owner shall restrict from development all open space areas which are shown as "Open Space" on the
Application Plan; provided, however, that the Owner may modify such areas so long as a minimum of
twenty-five percent (25%) of the Project is restricted. These areas shall be used for the use and enjoyment
of the residents of the Subdivision, subject to the restrictions that may be imposed by any declaration
recorded as part of a conveyance of these areas to a homeowner's association. The Open Space dedication
shall occur prior to the Certificate of Occupancy of the third (3') residential dwelling unit.
4. Miscellaneous.
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.
WITNESS the following duly authorized signature:
Owner:
Fusion Properties, LLC,
a Virginia limited liability company
By: Katurah Roell, Manager
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