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BEFORE THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA • IN RE: PETITION REZONING PARCELS (CITY APPLICATION NO. ZM -0.5-9-t1 FROM R-2 AND M -I TO MIXED USE PLANNED UNIT DEVELOPMENT (PUD) STATEMENT OF FINAL PROFFER CONDITIONS DATED FEBRUARY 3, 2006 TO THE HONORABLE MAYOR, MEMBERS OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, CHAIR AND MEMBERS OF THE PLANNING COMMISSION OF THE CITY OF CHARLOTTESVILLE: The undersigned entity is the owner of land subject to the above referenced rezoning petition ("Subject Property"). The applicant seeks to amend the current zoning from R-2 (parcels 161 [portion], 165, 165. 1, and 164) and M-1 (parcels 161,162, 163, and 164) to Mixed Use PUD, subject to certain conditions set forth below, for the purpose of creating an appropriate housing development with appropriate densities within the city, in a manner that will be compatible with the existing uses adjoining the subject property, city policy initiatives for creating a mix of market rate and affordable housing, and city policy initiatives designed to maintain green space in and around the city. In connection with this rezoning application, the applicant seeks approval of the PUD Development Plan as shown on its concept drawings of The Gaines Group initially dated October 25, 2005, and as shown on site captioned "Carlton Commercial Center" of Gloeckner Engineering/Surveying dated March 13, 2002 (this survey was approved as a site plan by • the city in 2002). The applicant hereby proffers and assigns that if the subject property is rezoned as requested, the applicant will abide by the approved PUD Development Plan as well as the following conditions: 1. AFFORDABLE HOUSING. The applicant will provide at least two of its ten units for affordable owner -occupied housing, 20% of the development. These units are identified as unit 8 and 9 on the Development, Plan. The affordable units will be constructed within l year of the approval of the final site plan by the City, and their projected sale prices will be targeted to households with incomes at or at least 80% of the area median income as defined by VHDA. The purchasers of such affordable units shall be pre -qualified by the Piedmont Housing Alliance (PHA) or a substitute housing agency approved by the City of Charlottesville. The applicant shall provide the aforesaid housing agency a period of 90 days within which to identify and pre -qualify eligible buyers for the affordable units. The ninety -day period will commence upon written notice to the applicable housing agency, but shall not be given more than 50 days prior to the anticipated receipt of a certificate of occupancy by the applicant for the units designated as "affordable." If PHA or the housing agency designated by the City does not provide a qualified buyer during this period, the applicant shall have the right to sell the units without restriction on sale price or qualified buyer. 0