Original Proffer _____

Amended Proffer ____

(Amendment # _____)

PROFFER FORM

 

Date:       May 23, 2006          

ZMA #             2002-004        

Tax Map and Parcel Number(s)            Tax Map Parcel 62-25; Tax Map 78 Parcels 59 and 59A; and Tax Map Parcel 78E-H1                       

 

 

            60.8     Acres to be rezoned from        RA/R6              to        NMD  

 

Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned.  These conditions are proffered as a part of the requested rezoning and it is agreed that:  (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request.

1)      Affordable Housing:  The Owner shall provide a number of affordable dwellings that is equal to or greater than fifteen percent (15%) of the total residential lots and units constructed in Cascadia.  The affordable dwellings shall be in the form of “for-sale” townhouses and condominiums and “for rent” townhouses, condominiums, apartments, accessory units, and Special Single-Family Dwelling and Duplex Units as defined by the Cascadia Code of Development.  The affordable dwellings will be reasonably dispersed throughout the property, subject to the requirements of the General Development Plan and the Code of Development.

  1. Designation of Affordable Dwellings

1.      The Owner shall designate individual affordable dwelling lots, units, and/or unit(s) within a townhouse block during final design.  Where final design is pursued through the site plan process, the lot or unit shall be designated on the final site plan.  All affordable dwellings designated on the final site plan shall be platted such that the responsibility for this proffer and sale/ rental of the designated affordable dwelling is consistent with the approved final site plan.  Where final design is pursued through the subdivision platting process for an individual building lot, the affordable dwelling shall be designated on the preliminary plat.  The responsibility for this proffer and the sale/ rental of any affordable dwelling shall be clearly designated with the final plat. 

2.      When required by paragraph A1, the Owner shall designate a minimum of fifteen percent (15%) of the aggregate number of lots or units on that site plan or subdivision plat as affordable dwellings.  Notwithstanding the foregoing, the Owner may “carry-over” or “bank” credits for affordable dwellings in the event an individual site plan or subdivision plat designates affordable dwellings that in the aggregate exceed the fifteen percent (15%) minimum for such site plan or subdivision plat, and such additional affordable dwelling may be allocated toward the fifteen percent (15%) minimum on any future site plan or subdivision plat, provided however, that the maximum number of affordable dwellings that may be carried over or banked shall not exceed fifteen percent (15%) of the total units on the site plan or subdivision plat.

3.      After a lot, unit, or unit(s) within a townhouse block has been designated as containing an affordable dwelling, the requirement to provide the affordable unit shall run with that parcel and the responsibility for constructing and selling/ renting the affordable dwelling shall be with the then-current owner of the individual lot or unit.

  1. Mixture of Types of Affordable Dwelling Units

1.      At least thirty-three percent (33%) of the required affordable dwellings shall be for-sale units.

2.      For purposes of this proffer, no more than thirty-three percent (33%) of the required affordable dwelling units may be Special Single-Family Dwelling and Duplex Units; however, nothing, except the maximum number of dwellings established in the Cascadia Code of Development, shall prohibit the Owner or its assigns from creating additional Special Single-Family Dwelling and Duplex Units.

3.      The remainder of the required affordable dwellings shall be “for rent” townhouses, condominiums, apartments as defined in paragraph 1E.

  1. For Sale Affordable Dwellings

All purchasers of the for-sale affordable units shall be approved by the Albemarle County Housing Office or its designee.  For purposes of this proffer, a “for-sale affordable dwelling” shall be defined as a dwelling affordable to households with incomes less than eighty percent (80%) of the area median income such that housing costs consisting of principle, interest, real estate taxes, and homeowners insurance (PITI) do not exceed thirty percent (30%) of the gross household income.

For each for-sale affordable dwelling, the then-owner shall provide the County or its designee a ninety (90) day notification period.  Within this notification period, the County or its designee shall have the responsibility identify and prequalify an eligible purchaser for the affordable dwelling who executes a non-contingent contract for purchase.  This notification period shall commence with a written notice from the then-owner to the Albemarle County Housing Office or its designee that identifies the dwelling that will be for sale.  This written notification shall be a minimum of ninety (90) days prior to the Certificate of Occupancy.  Once the Certificate of Occupancy has been issued for the dwelling and the ninety (90) days of written notification has expired, this proffer shall be deemed to have been met.  This proffer shall apply only to the first sale of each of the for-sale affordable dwelling.

The Owner reserves the right to meet the for-sale affordable dwelling criteria on the market rate for-sale units by retaining a no interest, junior deed of trust that is acceptable to the primary mortgage lender.  This junior deed of trust cannot exceed the difference between the sale price and the appraised value of the unit.  This junior mortgage may be assigned to a third party. 

  1. Non-Profit Organization Affordable Dwelling Alternative

When developed by site plan and with prior approval by Albemarle Board of Supervisors, the Owner may substitute the standards in this proffer to allow the Owner to joint venture with a specific non-profit organization (such as Habitat for Humanity or Piedmont Housing Alliance).  Substitutions shall be project specific and may include such things as a modification of the credit towards 15% criteria for providing dwellings to households with incomes significantly below the 80% AMI.

  1. For Rent Affordable Dwellings

1.      Rental Rates.  The initial net rent for each for-rent affordable unit shall not exceed the then-current and applicable maximum net rent rate approved by the Albemarle County Housing Office. In each subsequent calendar year, the monthly net rent for each for-rent affordable dwelling may be increased up to three percent (3%).  For purposes of this proffer statement, the term “net rent” means that the rent does not include tenant-paid utilities. 

2.      Affordable Term.  Rents for such for-rent affordable dwellings shall not exceed the maximum rents established in paragraph 1E1 for a period of five (5) years from the date of issuance of a certificate of occupancy for that for-rent affordable dwelling, unless the dwelling is sold as low or moderate cost dwellings qualifying as such under either the Virginia Housing Development Authority, Farmers Home Administration, or Housing and Urban Development, Section 8, whichever comes first.

3.      Conveyance of Interest.  All deeds conveying any interest in the for-rent affordable dwellings during the Affordable Term shall contain language reciting that such dwelling is subject to the terms of this proffer. In addition, all contracts pertaining to a conveyance of any for-rent affordable dwelling, or any part thereof, during the Affordable Term shall contain a complete and full disclosure of the restrictions and controls established by this proffer.  At least thirty (30) days prior to the conveyance of any interest in any for-rent affordable dwelling 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 the proffer have been satisfied.

4.      Reporting Rental Rates.  During the Affordable Term, within thirty (30) day of each rental or lease term for each for-rent affordable dwelling, the then-current owner shall provide to the Albemarle County Housing Office a copy of the rental or lease agreement for each such dwelling rented that shows the rental rate for such dwelling 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)      Route 20 Improvements:  In order to address the future potential improvements to Route 20, Stony Point Road, the Owner shall dedicate an additional twenty (20) feet of public right of way along edge of the existing Route 20 right of way with the first subdivision plat.  After dedication, the Owner and its assigns are granted the right to the non-exclusive use of the land for landscaped open space or other purposes as may be approved with a final site plan.  Upon written request by the County to no longer maintain the land, the Owner shall cease all use of the land and remove all manmade improvements established by the Owner that the County requests, in writing, be removed.

3)      Secondary Road Interconnection to Fontana:  The Owner shall design and construct a Secondary Road Interconnection in the location of the road labeled “Secondary Access” on the General Development Plan.  In order to fulfill this proffer, the Owner shall:

A)    Submit to the County and VDOT a road design for the Secondary Road Interconnection at the same time that any set of road construction plans is submitted for Summit Park Lane.  The road design shall meet VDOT state standards, but shall only have a twenty-four (24) foot face-of-curb to face-of-curb road cross-section and a sidewalk on one side.  The road design for the Secondary Road Interconnection shall start at the southern most intersection of Summit Park Lane and Summit Park Circle and terminate where the Secondary Road Interconnection would intersect with Fontana Drive Extended (if Fontana Drive Extended is designed and/ or built) or, if no design for Fontana Drive Extended exists, where, at the Owner’s sole discretion, it is estimated that the Secondary Road Interconnection would intersect with a Fontana Drive Extended.

B)     Dedicate: 1) sufficient the right of way to accommodate the Secondary Road Interconnection; 2) any drainage easement deemed reasonably necessary to accommodate the Secondary Road Interconnection; and, 3) any temporary easements deemed reasonably necessary to construct the Secondary Road Interconnection.  Note: the Owner shall not be responsible for obtaining any off-site easements or right of way.  This dedication shall occur with the final plat for Summit Park Lane.

C)    Establish the sub-grade for the Secondary Road Interconnection to it future width, to maximum extent possible without grading onto adjacent parcels Tax Map 78E Parcels 118 or A, and construct a pavement section, a minimum of eight (8) feet wide, along the centerline of the Secondary Road Interconnection for the purposes of a future pedestrian interconnection.

D)    Contribute funds equivalent to the remaining cost for the physical improvements to Albemarle County for the Secondary Road Interconnection. 

If the Secondary Road Interconnection has not been completed or at least built to the property line after ten (10) years from the date of road plan approval by the County, VDOT or one of their agents, the contributed funds may be used for other transportation related projects in the Neighborhood 3 which are identified in the County’s Capital Improvements Program at that time. 

The Owner or its assigns reserve the right to place driveways within the dedicated right of way to access the future lots as shown on the General Development Plan until the Secondary Road Interconnection is completed

4)      Secondary Road Interconnections to Broadus Baptist Church:  The Owner shall provide for two (2) interconnections to Broadus Baptist Church (TMP 62-25C and 25C1).  The first interconnection shall be a thirty (30) foot wide reservation starting at the existing Broadus Baptist Church driveway and running generally along the centerline of a Class A trail that will connect the Church’s driveway to a parking lot served off the intersection of Cascadia Drive and Delphi Lane.  This reservation will allow for the Church to construct a private drive that would access off the Cascadia Drive and Delphi Lane intersection.  For the second interconnection, the Owner shall provide Broadus Baptist Church with a first right of refusal to a lot within Cascadia that would provide reasonable access to the upper portions of TMP 62-25C and 25C1.  The lot shall be wide enough to accommodate a public road.  If any grading or drainage easements outside the lot are required to construct the second interconnection, the Owner shall provide these easements free of charge.  If the Church does not exercise its first right of refusal at the time of sale of this lot, the Owner’s obligation to provided for this interconnection shall be void.

5)      Cash Proffer for Capital ProjectsFor each dwelling unit constructed with Cascadia, the Owner shall contribute cash to Albemarle County for the stated purpose of either funding school projects at Stony Point Elementary School, Sutherland Middle School, and Albemarle High School as identified in the County School’s Capital Improvements Program or funding Capital Improvement Projects within or immediately adjacent to Neighborhood 3 as identified in the County’s Capital Improvements Program.  The cash contributions shall be at the following rates:  $2,000 for each single family detached unit, $1,000 for each townhouse unit and $500 for each multifamily unit.  Dwellings defined as Special Single-Family Dwelling or Duplex Unit in the Code of Development and/ or designated as affordable dwellings under paragraph 1A shall be exempted from this proffer.  The cash contribution for each dwelling unit shall be paid at the time of the issuance of the building permit for such dwelling unit.  If the cash contribution has not been exhausted by the County for the stated purposes within ten (10) years from the date of the issuance of the last residential building permit within Cascadia, all unexpended funds shall be refunded to the Owner.

 

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Signatures of All Owners                      Printed Names of All Owners                           Date

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Signatures of All Owners                      Printed Names of All Owners                           Date

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Signatures of All Owners                      Printed Names of All Owners                           Date

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Signatures of All Owners                      Printed Names of All Owners                           Date

 

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