Board of Supervisors Meeting Date:

Angler Opal Associates, LLC


June 14, 2007

Staff Lead:

Melissa Dargis, Assistant Chief of Planning


Community Development


Magisterial District: Cedar Run
Service District:


6981-27-6354-000, 6981-44-4079-000 and


A Resolution to Approve Willow Creek: A Request to Amend the Proffers for a Previously Approved Rezoning REZN05-CR-004 (Formerly Green Springs)


Topic Description:

The applicant wishes to amend the previously existing Proffer Section III related to below market priced housing for Willow Creek.

Revisions Summary:

On May 10, 2007, the Board of Supervisors held a public hearing on this item.  It was postponed for 30 days at the applicant’s request to allow for Proffer Statement refinements, which were submitted on May 24, 2007.

Highlights of proffer refinements include:

  • Formation of the non-profit committee prior to final site or subdivision plan;
  • Applicant shall serve as chairman of the committee;
  • Clarification in the event that an insufficient number of persons become qualifying as purchasers, the applicant shall pay the County $76,613 for each workforce housing unit not sold.  The County may use those funds ($55,000, plus $21,613 per unsold workforce unit) to assist in the provision of workforce housing by making grants thereof to Fauquier Housing Corporation, or to assist in the purchases of such homes by others; and the
  • Latter workforce housing contribution amounts are not subject to the CPI escalator clause with in the Proffer Statement.

Project Information:

The proposed proffers indicate 15 units onsite are dedicated for workforce housing.  This housing is reserved for Fauquier County sheriff’s deputies, public school teachers, and any other Fauquier County or School Division employees who have been employed for not less than three years.  If any of these units onsite cannot be filled with a qualified homeowner, the developer has proffered $76,613 ($55,000 plus $21,613), to the County as a “soft-second” mortgage.  An appointed non-profit committee would select qualified purchasers, and those funds would be used to acquire a home anywhere within the county, subject to the same resale restrictions outlined in the proffers.

Project Background:

The applicant submitted a request to amend the proffers in order to allow for the approved workforce units procedure to be clarified.  It specifies that individuals must qualify (financially) for the program, units must be owner occupied principal residences, and the units shall be dispersed within the development and not be distinguishable from market-rate housing.

This rezoning (formerly known as Green Springs) was originally approved in October 13, 2005.  Its approval was for the rezoning of approximately 165 acres from Residential (R-1) conditional to Residential R-1 and R-2 with proffers to allow for a residential subdivision.  The approval included, via proffers, fifteen (15) workforce housing units.  For individual family’s to qualify under the approved proffers, they must have a cumulative income not exceeding 80% of the region’s median income for a family of four, that income totals ±$58,000.  Staff notes that the, per unit, the applicant’s proffer for the market rate units for this project is $14,740 and start at building unit thirty-two (32).  The current Board of Supervisors Proffer Policy is now $28,503 per single family detached unit and starts with the first building lot.

The applicant is confident all 15 workforce units will be provided within Willow Creek.  Several substantive changes have occurred.  First, the 80% of median income criteria has been dropped.  School Board and County employees, who have worked 3 years or more for this jurisdiction, are still the targeted population.  Second, if any workforce housing unit cannot be completed on site, the applicant has proffered $76,613 as the “soft-second” which now can be used countywide through the specified non-profit committee.  The uncontrolled variable is still the selling price for the Willow Creek homes.  Excluding the lot costs, home prices in the adjoining Green Meadows subdivision started in the ±$350,000 range.  Plus, the applicant has remained firm in their position that the workforce housing units would be indistinguishable from the market rate units in terms of architecture, size and location in the project neighborhoods.


Land Area, Location and Zoning:  

The property is located on the east side of Routes 29/15/17.  A map of the properties is shown below.   




Neighboring Zoning/Land Use:

The property is bounded by Rural Agricultural (RA) to the north and east and RA and R-1 to the south and west.


Action Requested of the Board of Supervisors:

Consider adoption of the attached Ordinance.


Planning Commission Recommendation:

On April 26, 2007, the Planning Commission held a public hearing on this item and voted unanimously to recommend denial. 

The Planning Commission recommended denial because of their concern that the proffered workforce units will not actually be built, and the overall project was not upgraded to meet the Board of Supervisors Proffer Policy.  The applicant indicated that it could not offer anything beyond a cash contribution of $55,000 plus $21,613 for the soft-second should any workforce unit not be provided on site.



Summary and Recommendations:

Staff asks the Board of Supervisors to consider approval of the revised Proffer Amendment.  This project presents a unique opportunity to establish an effective start-up model for integrating affordable workforce housing within our growing Service Districts.  These districts are intended to provide the full inventory of housing types and opportunities for our existing and future resident population.

The applicant has worked diligently with staff to address referral agency and public hearing comments.  In particular, the proffer language has been refined regarding the dedication of funds for any workforce units not constructed on site and in regard to the creation of the non-profit committee.  It is essential that a viable committee is formed and properly empowered to screen candidates, effectively deal with the creative “soft second” mortgage, and outline re-sale ramifications.  This workforce initiative will be part of a more coordinated and established comprehensive affordable housing program, Countywide, in the future.  It is imperative that this program and its committee commence as soon as possible so that details regarding the soft-second mortgage, selection criteria and screening and qualification of potential applicants can be determined.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development


Project Proffers


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