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HomeMy WebLinkAboutZMA201900007 Proposed Proffers 2nd Submittal 2019-07-01Hyland Park Proffer Amendment July 1, 2019 Zoning Map Amendment Checklist Requirements: A narrative of the project proposal, including its public need or benefit; This submittal is for an amendment to the proffer statement of Fontana Phase 4C, the last phase of the Fontana Subdivision. The proposed property, consisting of approximately 11 acres, is currently governed by ZMA 94-06, ZMA 04-18 and ZMA 11-01. The public need and benefit of the project was established through the original rezoning and subsequent amendments. The proposed homes for this section of Fontana are consistent with the rest of the neighborhood and provide the benefit of high -quality housing within close proximity to Charlottesville and within the County's Development Area, Neighborhood 3 Pantops. A summary of the proposed proffer statement is as follows: This proffer statement shall amend and supersede all previous proffer statements for Fontana Phase 4C for the parcels owned by Highland Park Investments, LLC (listed in the proffer statement). The proposed changes include with this proffer amendment do not apply to land that has previously been dedicated to the Fontana HOA. Proffer # 1: Exhibit date corrected Proffer # 2: No changes Proffer # 3: No changes Proffer # 4: No changes Proffer # 5: New language regarding trail type and timing of installation Proffer# 6: By -right unit credit included for 9 units Proffer # 7: Annual adjustment reset to begin 2019 Proffer # 8: Satisfied and omitted Proffer # 9: Architectural Standards updated. Not included in covenants —approved colors will be on files with the Director of Planning. Colors updated to allow all earth tones, including cream (instead of just medium earth tones). Proffer # 10: Satisfied and omitted A narrative of the proposed proiect's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; As stated for the previous item, the proposal's consistency with the comprehensive plan, including the land use plan and pantops master plan, was determined in 1994 and 2008 when the land was first rezoned to R-4. At that time, it was determined that a maximum of 34 dwelling units (approximately 2 units per acre) were suitable for the Neighborhood Density Residential Designation within the Neighborhood 3 Pantops Master Plan. According to the Comprehensive Plan, Neighborhood Density Residential envisions 3 — 6 residential units per acre with residential support uses and limited non-residential uses. Neighborhood Density Residential areas will primarily accommodate single family dwelling unit types as well as institutional uses such as places of worship, public and private schools, and early childhood education centers including day care centers and preschools. Pantops Master Plan recommends the following for land use in this neighborhood in Pantops: • Maintain the residential character of existing neighborhoods. • Allow for Neighborhood Density and Urban Density residential uses with a Neighborhood Service (NS) center. • Protect the rural scenic qualities of Route 20 from the northern edge of the development area south to Elks Drive/Fontana Drive where development along Route 20 should transition to an urban character to the City of Charlottesville. • Preserve stream corridors and flood plain in this neighborhood and allow for pedestrian paths in those areas, where natural features allow. • Retain existing amenities and open space within residential developments. A narrative of the proposed proiect's impacts on public facilities and public infrastructure. The property included within this proffer amendment request has already been accounted for within public facilities and public transportation planning for Albemarle County, considering it is the last component of a rezoning that was originally approved in 1994. To account for any potential impacts, the proposal maintains the cash proffer amounts and affordable housing proffer as proposed with ZMA 04- 18. A narrative of the proposed proiect's impacts on environmental features. Fontana 4C existing proffers include the requirement to plant additional tree cover on each proposed lot to account for the tree removal necessary to create the proposed 34 residential lots. A narrative of the proffers proposed to address impacts from the proposed project. Any potential impacts of Fontana 4C are addressed through ample cash proffers, provision of affordable housing contributions, planting of additional trees, and a muted project color palette. Monticello has reviewed the proposed changes to the proffer 9, and is in agreement that this meets their standards for the viewshed. Hyland Park Parcels: Proffer Amendment ParcellD Owner Total Acres LastSaleDate Subdivision 078E000OOOOOA2 HIGHLAND PARK INVESTMENTS LLC 0.512 11/15/2017 078E000OOOOOA4 HIGHLAND PARK INVESTMENTS LLC 5.45 5/16/2019 078E0000100100 HIGHLAND PARK INVESTMENTS LLC 0.21 5/16/2019 Hyland Park 078E0000100200 HIGHLAND PARK INVESTMENTS LLC 0.195 5/16/2019 Hyland Park 078E0000100300 HIGHLAND PARK INVESTMENTS LLC 0.192 5/16/2019 Hyland Park 078E0000100400 HIGHLAND PARK INVESTMENTS LLC 0.206 5/16/2019 Hyland Park 078E0000100500 HIGHLAND PARK INVESTMENTS LLC 0.244 5/16/2019 Hyland Park 078E0000100600 HIGHLAND PARK INVESTMENTS LLC 0.297 5/16/2019 Hyland Park 078E0000100700 HIGHLAND PARK INVESTMENTS LLC 0.304 5/16/2019 Hyland Park 078E0000100800 HIGHLAND PARK INVESTMENTS LLC 0.312 5/16/2019 Hyland Park 078E0000100900 HIGHLAND PARK INVESTMENTS LLC 0.311 5/16/2019 Hyland Park 078E0000101000 HIGHLAND PARK INVESTMENTS LLC 0.343 5/16/2019 Hyland Park 078E0000101100 HIGHLAND PARK INVESTMENTS LLC 0.322 5/16/2019 Hyland Park 078E0000101200 HIGHLAND PARK INVESTMENTS LLC 0.208 5/16/2019 Hyland Park 078E0000101300 HIGHLAND PARK INVESTMENTS LLC 0.253 5/16/2019 Hyland Park 078E0000101400 HIGHLAND PARK INVESTMENTS LLC 0.26 5/16/2019 Hyland Park 078E0000101500 HIGHLAND PARK INVESTMENTS LLC 0.275 5/16/2019 Hyland Park 078E0000101600 HIGHLAND PARK INVESTMENTS LLC 0.23 5/16/2019 Hyland Park 078E0000101700 HIGHLAND PARK INVESTMENTS LLC 0.253 5/16/2019 Hyland Park 078E0000101800 HIGHLAND PARK INVESTMENTS LLC 0.257 5/16/2019 Hyland Park 078E0000101900 HIGHLAND PARK INVESTMENTS LLC 0.247 5/16/2019 Hyland Park Total Acreage 10.881 Original Proffer Amended Proffer (Amendment#14o4 ZMA 94-06 ^ «,.on,ament# ' to and ZMA 2004-0001904-18) PROFFER FORM FOR FONTANA PHASE 4C Date: July�2019 ZMA # 04-192019-00007 Tax Man and Parcel Numbers: 078E000OOOOOA2. 078EOOOOOOOOA4, 078E0000015600 078E0000100100 078E0000100200 078E0000100300 078E0000100400 078E0000100500 078E0000100600,078E0000100700,078E0000100800,078E0000100900.078E0000101000, 078E0000101100 078E0000101200 078E0000101300 078E0000101300 078E0000101500 078E0000101600,078E0000101700,078E0000101800,and 078E0000101900 10.88 Acres ..oZO fled 4 0M n, v n o n 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 for the parcels listed. 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, ?.;TAugust 29, 2005, 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. t �6 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. Affordahle 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 l '/z 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 lan 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 Glass A Type4primitive pedestrian paths in the Albemarle County Design Standards Manual. The Owner- shall Flet request that the Ceunty issue the ninth '}' Pedestrian paths have been eempleted to the shall be constructed concurrently with other public improvements for each phase of the Gounty Engineer. development. 6. , transpei4at on as identified . Cash proffer- The Owner shall contribute cash on aper "market -rate" dwelling unit basis in excess of the number of units that are allowed by right under the zoning in existence prior to the approval of this ZMA 2019- 0007. For the purposes of this Proffer 6, the number of units allowed by right is nine (9) single- family detached units. A "market rate" unit is any dwelling unit in the Project that is not either a For - Sale Affordable Housing Unit or For -Rent Affordable Unit as described in Proffer 4 ("Market Rate Unit"). The cash contributions shall be Seventeen Thousand Five Hundred and 0/100 Dollars ($17,500.00) for each single family detached Market Rate Unit, other than a constructed For -Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 3. In other words, the cash contribution for market rate single family units shall begin after the issuance of a CO for the 9th single family dwelling unit and prior to the issuance of a CO for the 10th single family dwelling unit. Credit shall be applied to the Owner for anyproffer payments made in advance of this proffer approval. 6. 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, 20082019, 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 Anar-oXAL The Owner- shall met submit aii applireation t;ar an er-esion and sediment eentr-el per-mit for- gFading until impr-evements have been eompleted feF phases 1, 2, 3, and 4.6, and $b of the Fontana Subdivision and all bonds held by the County in raeojumetion with subdivision, stor+nwatei: management, and er-esion eontr-al for- prior- phases have been released by the County. 8. Omitted. This proffer has been satisfied. 9. Architectural Standards: The Owner shall require a-,, part of the reevenants 4^r- Fontana Pha o 4G that all structures be constructed using medium s , dtd--a range ofearth-tone colors_ including cream. for fa adelacadc 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. i 0 Plan f.... D..,J„'Qt..:.,„ Paths for Phases 1 2 2 4 A find AR if Font.,n C..1.,1on. The Owner - shall - ee�truetpedestri paths i s���, n n and 4B of entana c..1.di i : fir aeeer-danee with the standards and leea4iens she�A% en the plan entitled "Fentana Subdivis Pedestrian path Plan" ., o red by Terra Efigineer-ing and Land Solutions and dated june 1 n 2011, araepy-ef which is a-4taehed heFete and ineer-parted herein. Thesepaths -shall -he eampleted to the safi 4 ietian of the County )~.,ginee f prior- to gr-a,1 inn in Phase 4C. 10. Omitted. This proffer has been satisfied. (Signature Pages to Follow) Original Proffer Amended Proffer (Amendment# ZMA 94-06 and ZMA 04-18) PROFFER FORM FOR FONTANA PHASE 4C Date: July 2019 ZMA # 2019-00007 Tax Map and Parcel Numbers: 078E000OOOOOA2, 078E000OOOOOA4, 078E0000015600, 078E0000100100,078E0000100200,078E0000100300,078E0000100400,078E0000100500, 078E0000100600,078E0000100700,078E0000100800,078E0000100900,078E0000101000, 078E0000101100,078E0000101200,078E0000101300,078E0000101300,078E0000101500, 078E0000101600,078E0000101700,078E0000101800,and 078E0000101900 10.88 Acres zoned R4 (Amendment to 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 apart 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 for the parcels listed. 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, August 29, 2005, 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 % 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 nla�: 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'/s inches in caliper d.b.h.; non - deciduous trees shall be at least four (4) feet in height. 5. 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 primitive pedestrian paths in the Albemarle County Design Standards Manual. Pedestrian paths shall be constructed concurrently with other public improvements for each phase of development. Cash proffer: The Owner shall contribute cash on a per "market -rate" dwelling unit basis in excess of the number of units that are allowed by right under the zoning in existence prior to the approval of this ZMA 2019-0007. For the purposes of this Proffer 6, the number of units allowed by right is nine (9) single-family detached units. A "market rate" unit is any dwelling unit in the Project that is not either a For -Sale Affordable Housing Unit or For -Rent Affordable Unit as described in Proffer 4 ("Market Rate Unit"). The cash contributions shall be Seventeen Thousand Five Hundred and 0/100 Dollars ($17,500.00) for each single family detached Market Rate Unit, other than a constructed For - Sale Affordable Dwelling Unit within the Project qualifying as such under Proffer 3. In other words, the cash contribution for market rate single family units shall begin after the issuance of a CO for the 9th single family dwelling unit and prior to the issuance of a CO for the 1 Oth single family dwelling unit. Credit shall be applied to the Owner for any cash proffer payments made in advance of this proffer approval. 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. Annual Adjustment of Cash Proffers: Beginning January 1, 2019, 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. Omitted. This proffer has been satisfied. 9. Architectural Standards: The Owner shall require that all structures be constructed using a range of earth -tone colors, including cream, for facade 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. Omitted. This proffer has been satisfied. (Signature Pages to Follow) RECEIVED JUL 0 1 201q COMMUNITY DEVELOPMENT (BY OTHERS) NOTES. F)QSTING SIDEWALK 1. THIS ISASCHEMATIC LINE REPRESH[IATION o MaSTING S FONT DRIVE + ONLY. i j (� 2 TRAIL POS75 AND SIGNS OR U R?M;tS ARETO BE USED ATAU m OAD CROSSINGS AND STARTAND00PORNTSAND ALO GN THE _ `j t GRASS PATHWAY. 7 11 LOCATION OFSTEPS ALONG PEDESTRIAN OPEN <7 U OPEN � sPAC� v SPACE masmp TRAILHEADEMSTING A LtL' w s� FOOTBRIDGE�`•�, '\, `� 9�� ,` � �,3 • �, 7',.. ,• I `j � `j , � or 9 t OPEN �� J V •C� • M• p�� �`r� w'�i .} GRASS PATHWAY t SPACE G • w� 4 ! b �� W �� \ �� ` �( �� • rrkiy OPEN LEGEND rtu zc� /wry j' nj • �' �! 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