HomeMy WebLinkAboutZMA201900007 Action Letter 2020-03-03COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax(434) 972-4126
March 6, 2020
Ashley Davies
Riverbend Development
455 2°d Street SE, Suite 201
Charlottesville V 22902
RE; ZMA201900007 Hyland Park
Dear Ms. Davies,
On February 19, 2020 the Board of Supervisors took action your 7oning Map Amendment application proposal on
Tax Map Parcel Numbers 078E00000000A2, 078E000OOOOOA4, 078EOOOO 100 100, 078E0000100200,
078E0000100300,078E0000100400,078E0000100500,078E0000100600,078E0000100700,078E0000100800,
078E0000100900,079E0000101000,078E0000101100,078EO000101200,078E0000101300,078E0000101400,
078E0000101500, 078EOOOO 10 1600, 078EO000101700, 078E0000101800 and 078E0000101900 in the Rivanna
District. The Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance and
Proffer.
Please be advised that although the Albemarle County Board of Supervisors took action on the project noted
above, no uses on the property as approved above may lawfully begin until all applicable approvals have been
received and met. This includes:
• compliance with conditions of the ZONING MAP AMENDMENT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions regarding the above -noted action, please contact Rebecca Ragsdale at 296-5832.
Sincerelyk4p(e.-
Mariah Gleason
Senior Planner
Planning Division
Cc: Hyland Park Investments LLC
455 Second St SE #400
Charlottesville VA 22902
ORDINANCE NO.20-A(3)
ZMA 2019-00007
AN ORDINANCE TO AMEND THE ZONING MAP FOR
TAX PARCELS 078E0000000OA2, 078EOO00000OA4, 078E0000100100,
078EO000100200,07SE0000100300,078EO000100400,078EI0000100500,
078E0000100600, 078E00001.00700, 07SE0000100800, 07SE0000100900,
07SE0000101000, 07SE0000101100, 078E0000101200,078E 0000101300,
078E0000101400,078E0000101500,078E0000101600,078E0000101700,
078EO000101800, AND 078EO000101900
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the transmittal summary and staff report prepared for ZMA 2019-00007 and their attachments,
including the proffers dated January 9, 2020, the information presented at the public bearing, any written
comments received, the material and relevant factors in Virginia Code § 15.2-2284 and County Code § 18-33.12,
and for the purposes of public necessity, convenience, general welfare and good zoning practices, the Board
hereby approves ZMA 2019-00007 with proffers dated January 9, 2020.
1, Claudette K, Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as recorded
below, at a regular meeting held on February 19, 2020.
Clerk, Board of County S isors
Mr. Gallaway
Y
Ms. LaP.isto-Kirtley
Y
Ms. Mallek
Y
Ms. McKeeI
Y
Ms. Palmer
Y
Ms. Price
Y
Original Proffer
Amended Proffer C
(Amendment to ZMA 2004-18 and ZMA 2011-0I
PROFFER FORM FOR FONTANA PHASE 4C
Date: January 9, 2020
ZMA # 2019-00007
Tax Map and Parcel Numbers: 078E000OOOOOA2, 078E000OOOOOA4, 078EOOOO 100100,
078EO000100200,078E0000100300,078EO000100400,078E0000100500,078E0000100600,
078EO000100700,078E0000100800,078EO000100900,078E0000101000,078EO0001O1IOO,
078E0000101200,078EO000101300,078E0000101400,078EO000101500,078EO000101600,
078EOOOO101700, 078EO000101800, and 078EOOOO101900
Owner of Record: HIGHLAND PARK INVESTMENTS, LLC
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 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 (ZMA2004-18 and ZMA 2011-0I) 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, and last revised 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 Gradino 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 dwelling 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 flan 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 (1) 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 dwelling 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
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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 '/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 121anted: 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'/z inches in caliper d.b.h.; non -
deciduous trees shall be at least four (4) feet in height.
5. Pgdestrian 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 a Class B- Type 1 primitive
nature trail in the Albemarle County Design Standards Manual. Pedestrian paths shall be constructed
concurrently with other public improvements for each phase of development and shall be completed
when 50% of the dwelling units within each phase have received certificates of occupancy.
b. S'ash proffer: Cash proffer: The Owner shall contribute Seventeen Thousand Five Hundred and
0/100 Dollars ($17,500.00), as adjusted by Proffer 7 below, for each dwelling unit in excess of the
nine (9) dwelling units previously allowed by right. This cash contribution shall begin after the
issuance of the building permit for the ninth dwelling unit and prior to (or at the time of) the issuance
of the building permit for the tenth dwelling unit. Credit will be applied for any cash proffer payments
made under this proffer in advance of this proffer's approval.
The cash contribution shall be paid for each dwelling unit prior to or at the time of issuance of a
building permit for each dwelling 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 Adiustment of Cash Proffgrs: Beginning January 1, 2008, 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
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incremental payments shall be correspondingly adjusted each year.
gm 1 TM 1 R-� i . .i is i--i
4. 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.
Uwl'� III
(Signature Pages to Follow)
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WITNESS the following signature:
OWNER of Tax Map and Parcels 078E00000000A2, 078EOOOOOOOOA4,
078E0000100200, 078E0000100300, 078E0000100400, 078E0000100500,
078E0000100700, 078E0000100800, 078E0000100900, 078E0000101000,
078E0000101200, 078EO000101300, 078E0000101400, 078E0000101500,
078E0000101700, 078E0000101800, and 078E0000101900:
HIGHLAND PARK INVESTMENTS, LLC, a Virginia limited liability company
Alan R. Taylor,
Date: 119 / Z- 7,0
078E0000100100,
078E0000100600,
078EO000101100,
078E0000101600,
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