HomeMy WebLinkAboutZMA201900007 Proposed Proffers 1st Submittal 2019-06-21Original Proffer
Amended Proffer X
(Amendment#J4e# ZMA 94-06
^ mend ent# I to and ZMA 04-18)
PROFFER FORM FOR FONTANA PHASE 4C
Date: Foy.,-,,.,..,' 24, 2008 and i 0 W > June 2019
ZMA # 94-1-8
ZrIn# 2011 00001
Tax Map and Parcel Numbers: 078E000OOOOOA2, 078E000OOOOOA3, 078E0000015600,
078E0000100100,078E0000100200,078E0000100300,078E0000100400,078E0000100500,
078E0000100600,078E0000100700,078E0000100800,078E0000100900,078E0000101000,
078E0000101100.078E0000101200.078E0000101300.078E0000101300.078E0000101500.
078E0000101600, 078E0000101700, 078E0000101800, and 078E0000101900
17.15 Acres rezoned f of D ' D ^ D ^ zoned R4 (Amendment to R4-proffer statement)
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. These
conditions are proffered as a part of the requested rezoning and it is acknowledged that such
conditions are reasonable. This proffer statement shall amend and supersede all previous proffer
statements for Fontana Phase 4C.
1. Conformity with Plans: Fontana Phase 4C shall be developed in general accord with the plans
entitled, "Fontana- Phase 4C Rezoning Plan," prepared by Terra Engineering and Land Solutions,
dated, July 30, 2007, a copy of which is attached hereto as Exhibit A, (the "Plan"). No more than
thirty-four (34) dwelling units shall be developed in Fontana Phase 4C.
2. Final Grading Plan: The Owner shall submit a final grading plan meeting the requirements of
this section (hereinafter, the "Final Grading Plan") with the application for each subdivision of
the residential units shown on the Plan identified in Proffer 1 above. The Final Grading Plan
shall show existing and proposed topographic features to be considered in the development of
the proposed subdivision. The Final Grading Plan shall be approved by the County Engineer
prior to the approval of the first preliminary subdivision plat. The subdivision shall be graded as
shown on the approved Final Grading Plan. No certificate of occupancy shall be issued for any
dwelling on a lot where the County Engineer has determined the lot is not graded consistent with
the approved Final Grading Plan. The Final Grading Plan shall satisfy the following:
A. The Final Grading Plan shall show all proposed streets, building sites, surface drainage,
driveways, trails, and other features the County Engineer determines are needed to verify that
the Plan satisfies the requirements of this proffer.
B. The Final Grading Plan shall be drawn to scale not greater than one (1) inch equals fifty (50)
feet.
C. All proposed grading shall be shown at contour intervals not greater than two (2) feet.
D. All concentrated surface drainages over lots shall be clearly shown with the proposed
grading. All proposed grading shall be shown to assure that surface drainage can provide
adequate relief from flooding of dwellings in the event a storm sewer fails. Graded slopes on
lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3)
feet horizontal distance for each one (I) foot of vertical rise or fall (3: 1). Steeper slopes shall
be vegetated with low maintenance vegetation as determined to be appropriate by the
County's program authority in its approval of an erosion and sediment control plan for the
land disturbing activity. These steeper slopes shall not exceed a gradient of two (2) feet of
horizontal distance for each one (1) foot of vertical rise or fall (2:1), unless the County
Engineer finds that the grading recommendations for steeper slopes have adequately
addressed the impacts.
E. Surface drainage from one-half (1/2) acre of land or from three (3) or more lots, whichever is
greater in area, shall be collected in a storm sewer or directed to a drainage way outside of
the lots.
F. All drainage from streets shall be carried across lots in a storm sewer to a point beyond the
rear of the building site.
G. The Final Grading Plan shall demonstrate that an area at least ten (10) feet in width, or to the
lot line if the distance is less than ten (10) feet, from the portion of the structure facing the
street has grades no steeper than ten (10) percent adjacent to possible entrances that shall not
be served by a stairway. This graded area also shall extend from the entrances to the
driveways or walkways connecting the dwelling to the street.
H. Any requirement of this condition may be waived by the County Engineer by submitting a
waiver request with the preliminary plat. If such a request is made, it shall include: (i) a
justification for the request contained in a certified engineer's report: (ii) a vicinity map
showing a larger street network at a scale no smaller than one (1) inch equals six hundred
(600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred
(200) feet showing surveyed boundaries of the property; (iv) topography of the property at
five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be
sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains,
known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and
location of parking, as applicable. In reviewing a waiver request, the County Engineer shall
consider whether the alternative proposed by the Owner satisfies the purpose of the
requirement to be waived to at least an equivalent degree. In approving a waiver, the County
Engineer shall find that requiring compliance with the requirement of this condition would
not forward the purposes of the County's Subdivision and Water Protection Ordinances or
otherwise serve the public interest; and granting the waiver would not be detrimental to the
public health, safety or welfare, to the orderly development of the Project, and to the land
adjacent thereto.
I. The Owner may request that the Plan be amended at any time. All amendments shall be
subject to the review and approval by the County Engineer.
3. Affordable Housing, The Owner shall contribute $2,809.00 cash per dwelling unit, up to an
aggregate maximum contribution of $95,500.00 (equivalent to $19,100 cash per unit as cash in
lieu of five (5) affordable dwelling units) to the County for the purpose of affordable housing.
Each cash contribution shall be due and payable with each application for a building permit.
Each cash contribution shall be used for the purpose of funding affordable housing programs in
Albemarle County. If this cash contribution has not been exhausted by the County for the stated
purpose within ten (10) years after the last payment of the contribution, all unexpended funds
shall be applied to any public use serving Neighborhood 3 Pantops.
4. Trees: At least one hundred -seventy (170) trees shall be planted or retained on the subdivided
lots. Trees shall be distributed among all lots with a minimum of 5 trees per lot. The five trees to
be counted on each lot shall be marked in the field for inspection purposes. The owner shall not
request a certificate of occupancy until a final zoning inspection is performed and all required
trees are in place.
Standard for trees to be retained: Deciduous trees to be retained shall be at least a 1 %2 inch
caliper d.b.h. and non -deciduous trees shall be at least four (4) feet in height. All trees to be
retained shall be identified on erosion and sediment control plans, final grading plans, and road
plans. A tree conservation plan in accordance with Section 32.7.9.4. of the Zoning Ordinance
shall be submitted and approved prior to approval of any erosion and sediment control permit for
grading.
Standards for trees to be lap nted: All trees shall be planted in accordance with either the
standardized landscape specifications jointly adopted by the Virginia Nurserymen's Association, the
Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of
Landscape Architects, or the road and bridge specifications of the Virginia Department of
Transportation. At planting, deciduous trees shall be at least a 1'/2 inches in caliper d.b.h.; non -
deciduous trees shall be at least four (4) feet in height.
Pedestrian Paths: Pedestrian paths in the general location shown on the Plan, or as approved on any
final site plan or plat, shall be constructed according to the standards for Class " Type4primitive
pedestrian paths in the Albemarle County Design Standards Manual. The n,*%e . shall not ,. oats*
that the County issue the ninth(9 h) building p ,- it until thePedestrian paths have been eompleted to
the safis f etie shall be constructed concurrently with other public improvements for each phase of 9+e
development.
6. Cash proffer: The Owner shall contribute $17,500 cash to the County for each unit constructed
within the Property for the purpose of mitigating impacts from the development. Each cash
contribution shall be used for improvements for schools, libraries, public safety, parks and
transportation as identified in the County's Capital Improvements Program. The cash contribution
shall be paid in increments of $17,500 for each unit prior to or at the time of issuance of a building
permit for each unit. If this cash contribution has not been exhausted by the County for the stated
purpose within five (5) years after the date, all unexpended funds shall be applied to any public use
serving Neighborhood 3 Pantops.
7. Annual Adjustment of Cash Proffers: Beginning January 1, 20092019, 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 Marshall and Swift Building Cost Index (the
"MSI"). In no event shall any cash contribution amount 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 preceding calendar year, and the
denominator of which shall be the Index as of December 1 in the year preceding the calendar
year most recently ended. For each cash contribution that is being paid in increments, the unpaid
incremental payments shall be correspondingly adjusted each year.
8. Final Approvah The Owner- shall not submit an application for an erosion and sediment control
permit for- gt:ading tinfil impr-ovements have been eompleted for- phases 1, 2, 3, and 4A and $b of
the Fontana Stibdivision and all bonds held by the Gottatt, in eof�ttfietiofi with sttbdiN i i
stofmwater- management, and er-esien eontr-el f6r- pr-iE)r- phases have been released by the County,
8. Omitted. This proffer has been satisfied.
9. Architectural Standards: The Owner shall require as part of the covenants for Fontana Ph
4-G-that all structures be constructed using medium shadea a rangy e of earth -tone colors,
including cream, for faVxt4efacadc treatment of the buildings and dark, non -reflective materials
for roofs. The colors for the facade treatments and the colors and materials for the roofs shall be
subject to prior approval by the Director of Planning.
10. Plan for Pedestrian Paths foir Phases 1. 2. 3. 4A and 4H if Fontana Subdivision:, The Owner -
shall constmet pede , i [ Phases 1, 2, 3, 4A and 4B of Fontana Subdivision i
aeeer-danee with the stand-A-r-d-s amnd leeations shown on the plan entitled "Fontana S4divisiea
Pedest-Fian path Plan" prepared by Teffa Engineering and Land Solu4iE)Rs alld dated AtHe 14,
2011, a copy of which is attached hereto and incorporated herein. These paths shall
10. Omitted. This proffer has been satisfied.
(Signature Pages to Follow)