Date of Proffer Signature 7/24/06
ZMA # 2006-00001
Tax Map 056H0-00-00-000A0,
8.9 Acres to be rezoned from R-1 and R6 to Planned Residential Development (PRD)
In accordance with Application Plan entitled “Westhall Phase V – Application for Zoning Map Amendment” prepared by WW Associates and dated July 13, 2006.
With respect to the property described in rezoning application #ZMA-2006-00001 (the “ZMA”), Shiflett Farms LLC is the fee simple owner of the following parcels:
· TMP 56H -00-00-A
Shiflett Farms LLC shall be collectively referred to herein as the “Owner,” which term shall include any successors in interest. The parcel listed above is referred to collectively as the “Property.”
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance (the “Ordinance”), Owner hereby voluntary proffers the conditions listed in this Proffer Statement, which shall be applied to the Property if the ZMA is approved by Albemarle County. These conditions are proffered as part of the ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning requested.
1. Capital Improvements
1.1 Eastern Avenue: The owner shall contribute $3,000 cash for each market rate unit to the County for the purpose of constructing Eastern Avenue to mitigate traffic impacts from the development. If Eastern Avenue has not begun construction within ten years of rezoning approval of the property, the cash proffer shall be reallocated to the County’s Capital Improvement Program for transportation improvements for the Community of Crozet. Contributions shall be made in increments of $3,000 per unit, prior to or at the time of issuance of the first building permit for any improvements for such market rate unit.
1.2 Capital Impacts: The owner shall contribute $1,000 cash for each market rate unit to the County’s capital improvement program for the purpose of mitigating impacts from the development. The cash contribution shall be used for schools, libraries, fire, rescue, parks or any other public use serving the Community of Crozet as identified in the Comprehensive Plan. Contributions shall be made in increments of $1,000 per unit, prior to or at the time of issuance of the first building permit for any improvements for such market rate unit.
1.3 Traffic Impacts on Park Road: Prior to issuance of the first building permit for housing units in the project, the owner shall construct the following improvements to the satisfaction of the County Engineer:
Improvements shall be made by the owner, prior to or at the time of issuance of the first building permit for any improvements thereon.
2. Affordable Housing.
2.1 Affordable Dwelling Units. Owner proffers to require through the lot sale contracts on the Property the construction of a minimum of six (6) Affordable Dwelling Units (17% of all units) on the Property that meet the requirements for a single family dwelling as defined below. Each Affordable Dwelling Unit shall be on a single parcel and be conveyed fee simple. A home owner’s association shall be created to maintain the parking area and sidewalk. Access easements shall be required to access the two provided parking spaces for each unit.
Affordable units shall be affordable to households with incomes less than eighty percent (80%) of the area median family income (the “Affordable Unit Qualifying Income”), such that the housing costs consisting of principal, interest, real estate taxes and homeowners insurance (PITI) do not exceed thirty percent (30%) of the Affordable Unit Qualifying Income.
All purchasers of affordable units shall be approved by the Albemarle County Housing Office or its designee. The subsequent owner/builder shall provide the County or its designee a period of ninety (90) days to identify and prequalify an eligible purchaser for the affordable unit. The ninety (90)-day period shall commence upon written notice from the then-current owner/builder that the unit(s) shall be available for sale. This notice shall not be given more than sixty (60) days prior to anticipated receipt of the Certificate of Occupancy. If the County or its designee does not provide a qualified purchaser who executes a contract of purchase during this ninety (90)-day period, the then-current owner/builder shall have the right to sell the unit(s) without any restriction on sales price or income of the purchaser(s), provided, however, that any unit(s) sold without such restriction shall nevertheless be counted toward the number of affordable units proffered. The requirements of this proffer shall apply only to the first sale of each of the affordable units.
3. Open Space and Greenways.
3.1 Temporary Greenway Connection: In conjunction with the owners of Lickinghole Creek LLC, the Owner shall grant to Albemarle County a temporary access easement for a Class B public greenway as specified in the County’s Comprehensive Plan, in a form approvable by the County on the property described as TMP 0560-00-00-05300 prior to the approval of the first building permit for any new construction on the property. The temporary access easement shall be replaced by the projected 80’ right-of-way required for Eastern Avenue.
3.2 Trailhead Park: The Owner shall dedicate and convey in fee-simple to Albemarle County, Open Space, Parcel A, or “Trailhead Park” as shown on the application plan with the first subdivision plat and grant drainage easements in a form approved by the County Attorney. In conjunction with improvements approved with the first subdivision plat, the owner shall construct a 6’ asphalt trail consisting of four (4) inches of 21-B stonebase material and two (2) inches of SMA-2 asphalt or other specifications approved by the County Engineer. The trail shall connect five parking spaces to the greenway system, a 2100 +/- square foot tot lot with a 42” fence, a stormwater management facility and landscaping. The stormwater management facility shall be designed such that its shape, placement, and land form (grading) transition between the adjacent residential lots, the tot lot on the site, and the trailhead elements, to the satisfaction of the Department of Parks and Recreation. The tot lot shall contain the following elements: a play structure, a small swing set and a set of two spring mounted riding figures, or other elements approved by the Director of Planning. Open space areas dedicated to public use shall be for the use and enjoyment of the public, including the residents of the project.
3.3 Open Space: The Owner shall dedicate and convey to Albemarle County, Open Space, Parcel C, as shown on the application plan with the first subdivision plat and grant drainage easements in a form approved by the County Attorney. The owner shall construct a 6’ asphalt trail consisting of four (4) inches of 21-B stonebase material and two (2) inches of SMA-2 asphalt or other specifications approved by the County Engineer and a stormwater management facility. The stormwater management facility shall be designed such that its shape, placement, and land form (grading) transition between the adjacent street, greenway, and trails to the satisfaction of the Department of Parks and Recreation and minimize disturbance of the stream buffer within Parcel C shown on the Application Plan to the satisfaction of the Program Authority.. Open space areas dedicated to public use shall be for the use and enjoyment of the public, including the residents of the project. The owner shall make a contribution of $3,000 to the County to be used by the Parks and Recreation Department for the construction of a pedestrian bridge in the general location shown on the Application Plan. The contribution shall be payable prior to issuance of the first building permit for the property. If the bridge is not constructed within 10 (ten) years of rezoning approval of the property, the contribution shall be reallocated to the County’s Capital Improvement Program for park improvements for the community of Crozet.
Signatures of All Owners: Printed Names of Owners: Date:
_______________________ _________________________ _____________
Shiflett Farms LLC
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