COUNTY OF ALBEMARLE
Request to rezone 9.35 acres from R-1 to PRD with proffers for property located on Avon Street Extended, south of Cale Elementary School.
LEGAL REVIEW: NO
June 13, 2007
ACTION: X INFORMATION:
On April 11, the Board held a public hearing on this project. The Board declined to take action and asked the applicant to bring back information on the true value of the proffers. The Board also decided that they preferred the option for the Housing Director to decide at the site plan stage whether he would prefer to accept cash in lieu of units or prefer the affordable units to be built.
Since April 11, the Board of Supervisors has reviewed and endorsed moving forward with the development of a Cash Proffer Policy. In doing so, the Board has accepted the Fiscal Impact Committee’s methodology to determine the cash impact of residential development by dwelling unit type. Rounded off, the resulting calculated impacts that the Board has also accepted are $17,500 per single family detached unit, $12,400 per apartment unit and $11,900 per townhouse/condominium unit. It was also the consensus of the Board that, with the exception of affordable dwelling units, all new re-zonings will pay for the equivalent of their full impact as determined by the cash proffer calculations applied to the accepted per unit rates. The Board further agreed that when the number of unit types is not specified in a re-zoning, the single family detached rate should be used per total number of dwelling units.
The Board also agreed to allow credits against the calculated cash impact amounts for affordable housing in excess of the County policy, the value of land/facilities proffered on the development site that are called for in the Comprehensive Plan or identified in the CIP (e.g. school site in the development), the value of land/facilities proffered off of the development site that are called for in the Comprehensive Plan or identified in the CIP (e.g. school site on another piece of property) and the value of proffered services or other recommendations in the Comprehensive Plan not otherwise anticipated in the CIP (ex. transit). Further, the Board agreed to allow credits for the value of other proffered land/facilities that are not called for in the Comprehensive Plan or identified in the CIP (e.g. parkland not in CIP) and the value of impacts occasioned by the development and not included in the cash proffer calculations (e.g. road improvements beyond the CIP and Comprehensive Plan which are necessitated by the development). The Board still needs to provide direction regarding whether credits will be allowed for more qualitative things such as Comprehensive Plan consistency (e.g. Neighborhood Model consistency or consideration of projects in a designated priority area called for in a Master Plan) and other design issues (e.g. LEED certified structures, public space in developments). Should these qualitative items be determined to warrant a credit, a methodology for quantifying their value will need to be determined. It was also the consensus of the Board that inflation factors should be included with proffers for cash, although the Board still needs to provide direction regarding which standard index should be used.
At this point before a Cash Proffer Policy is adopted, staff will look at each project on a case by case basis to determine cash impact based on the accepted methodology and compare it to the quantifiable values of proffers offered by applicants for which the Board has indicated they will allow credits.
New proffers were received for Avinity on May 25, 2007. In addition to providing affordable housing proffers acceptable to the Board on April 11, the applicant has proffered $11,900 for each market rate unit all of which are proposed as condos and townhouses. This is the per-unit amount deemed acceptable by the Board at its May 9 worksession. An adjustment for inflation is also included. With 124 units proposed and after removing the 19 affordable units from the calculation, the value of the cash proffers would be $1,249,500.00. The previous cash proffers had a value of $336,000 for 105 units at $3200/unit. Other proffer value that has not changed is approximately $21,000 for the fencing and path adjacent to Cale Elementary.
Based on the applicant’s proffer of cash per market rate unit that meets Board’s expectations for cash proffers in combination with the other favorable aspects of this project, staff recommends approval of ZMA 06-05 with the proffers in Exhibit A and the amended application plan (Exhibit B).
EXHIBIT A: Signed proffers dated June 4, 2007
EXHIBIT B: Application Plan dated March 28, 2007
Planning Commission minutes of March 20, 2007
Planning Commission minutes of April 18, 2007
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