Original Proffer _X_

PROFFER FORM

 

“Blue Ridge Cohousing”

 

Date of Proffer Signature:  November 14, 2007

ZMA # 2007-00012

Tax Map Parcel- 56-67A and 56-67B (Portion)

 

6.15 Acres to be rezoned from RA to PRD

 in accordance with the Application Plan of Blue Ridge Cohousing dated

June 25, 2007 and resubmitted and revised September 11, 2007 and October 19, 2007

 

 

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 rezoned with the offered plans approved for development.  These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable.

 

  1.             AFFORDABLE HOUSING

    The Owner shall provide four (4) residential dwelling units as affordable housing for sale.      The four (4) units shall be comprised of one or more of the following unit types: single-family attached housing, single-family detached or multi-family condominiums. The Owner or his successor in interest reserves the right to achieve the four (4) affordable units in a variety of ways, utilizing the above mentioned unit types alone or in combination as outlined below. The first subdivision plat or site plan for the Property shall designate the four (4) lots or units, as applicable, that will, subject to the terms and conditions of this proffer, that will be the affordable units as described herein.  The Owner shall convey the responsibility of constructing the affordable units to any subsequent purchaser of the subject property. The current Owner or subsequent Owner shall create units affordable to households with incomes less than eighty percent  (80%) of the area median income, such that housing costs consisting of principal, interest, real estate taxes and homeowner's insurance (PITI) do not exceed thirty percent (30%) of the gross household income, provided, however, that in no event shall the selling price of such affordable units be more than sixty-five percent (65%) of the applicable Virginia Housing Development Authority (VHDA) sales price/loan limits for VHDA’s first-time homebuyer programs provided that the selling price shall not be required to be less than  One Hundred Ninety Thousand Four Hundred Dollars ($190,400)  at the beginning of the 90-day identification and qualification period referenced below.  The Owner or his successor in interest may provide down payment assistance in the form of secondary financing to reduce the costs to the homebuyer, so that the resultant first mortgage and housing costs remain at, or below, the parameters described above. All financial programs or instruments described above must be acceptable to the primary mortgage lender.

 

A.           For Sale Affordable Units. All purchasers of for-sale affordable units shall be approved by the Albemarle County Office of Housing or its designee. The Owner shall provide the County or its designee a period of ninety (90) days to identify and pre-qualify an eligible purchaser for the affordable units. The 90-day period shall commence upon written notice from the Owner that the units will be available for sale. This notice shall not be given more than one hundred twenty (120) days prior to the anticipated receipt of the certificate of occupancy.  If the County or its designee does not provide a qualified purchaser during this ninety (90) day period, the Owner shall have the right to sell the units without any restriction on sales price or income of purchaser(s); provided, however, that any units sold or leased without such restriction shall nevertheless be counted toward the number of affordable units required to be provided pursuant to the terms of this proffer. If these units are sold, this proffer shall apply only to the first sale of each unit.  Nothing herein shall preclude the then-current Owner/builder from working with the County Housing Department prior to the start of the notification periods described herein in an effort to identify qualifying purchasers for affordable units.

 

The County shall have the right, upon reasonable notice and subject to all applicable privacy laws, to periodically inspect the records of the Owner or any successors in interest for the purposes of assuring compliance with this proffer.

 

B.      County Option for Cash In Lieu of Affordable Units.  If at any time prior to the County’s approval of any preliminary site plan or subdivision plat for the subject property which includes one or more for-sale affordable units, the Housing Office informs the then-current owner/builder in writing that it may not have a qualified purchaser for one or more of the for-sale affordable dwelling units at the time that the then-current owner/builder expects the units to be completed, and that the County will instead accept a cash contribution to the County to support affordable housing programs in the amount of Nineteen Thousand One Hundred Dollars ($19,100) in lieu of each affordable unit, then the then-current owner/builder shall pay such cash contribution to the County prior to obtaining a certificate of occupancy for the unit that were originally planned to be affordable units, and the then-current owner/builder shall have the right to sell the units without any restriction on sales price or income of the purchasers.

 

 

2.         CASH PROFFER

The Owner or his successor in interest shall contribute a total of $286,200 cash to the County for the purpose of mitigating impacts from this development. The cash contribution shall be used for transportation improvements, schools, libraries, fire and rescue, parks or any other public use serving Neighborhoods 4 & 5 as identified in the County’s adopted capital improvements program.

 

    1. Contributions shall be payable as follows:

 

                                                               i.      For new market rate attached townhome/condominium units: $11,900 each for 14 units payable prior to or at the time of issuance of the building permit for each unit.

 

                                                             ii.      For new market rate attached multifamily units: $12,400 each for 4 units payable prior to or at the time of issuance of the building permit for each unit. 

 

                                                            iii.      For new market rate detached single family units: $17,500 each for 4 units payable prior to or at the time of issuance of the building permit for each unit. 

 

 

    1. Annual Adjustment of Cash Proffers. Beginning January 1, 2008, the amount of each cash contribution required herein shall be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the  Comparative Cost Multiplier, Regional City Average, Southeast Average, Category C: Masonry Bearing Walls issued by Marshall Valuation Service (a/k/a Marshall & Swift) (the “Index”) or the most applicable Marshall & Swift index determined by the County if Marshall & Swift ceases publication of the Index identified herein.  In no event shall any cash contribution be adjusted to a sum less than the amount initially established by these proffers. The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the Index as of December 1 in the year preceding the calendar year most recently ended, and the denominator of which shall be the Index as of December 1 in the preceding calendar year. For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year.

3.         TRANSPORTATION IMPROVEMENTS

 

A.        Park View Drive Improvements.  In order to mitigate traffic impacts resulting from the Project, the Owner shall design and construct to standards established by the County Engineer, in the location shown on the Application Plan of Blue Ridge Cohousing, Sheet 6 of 7, dated June 25, 2007, last revised October 19, 2007, (hereinafter, the “Application Plan”) a private road upgrade of Parkview Drive.  The improvements as shown on Sheet 4 of 7 includes an eighteen (18) foot wide paved road and an eight (8) foot wide bike trail adjacent to the road.  Construction of all improvements required by this Proffer shall be completed and accepted by the County Engineer prior to the issuance of the first Certificate of Occupancy for new dwellings.

 

B.         Intersection Improvements to Park View Drive/Route 240.   The Owner shall design and construct to Virginia Department of Transportation road standards, an intersection that meets the requirements for road intersections as stated in VDOT's Road Design Manual - Subdivision Street Guide, in the location shown on the Application Plan, Sheet 6 of 7.  Construction or installation of all improvements required by this Proffer shall be completed and accepted by VDOT prior to the issuance of the first Certificate of Occupancy for new dwellings. 

 

             

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