HomeMy WebLinkAboutSUB201800096 Other 2018-05-21 PROJECT: S B2013-035 Estes P.rk-Final Plat
PROPOSAL. Request for . *royal of final prior to preliminary subdivision plat •r 68 sin: family lots on
12.75 acres.
PROFFERS: Yes
ZONING: PRD-Planned Residential Development-residential (3-34 units/acre)w th limited commercial
uses per ZMA2010-011
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residenti I—residential (6.01-34
units/acre);supporting uses such as religious institutions,schools, commercial office and service uses.
ENTRANCE CORRIDOR: No
LOCATION: In the southeast quadrant of the intersection of Proffit Road (Rt •49)and Worth Crossing,
approximately 800 feet south of Proffit Road in the Community of Hollymeafi.
TAX MAP/PARCEL: TMP 03200000003300;TMP 03200000003400
MAGISTERIAL DISTRICT: Rivanna
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
December 21, 2012
Scott Collins, PE-Collins Engineering
200 Garrett St. Suite K
Charlottesville,Va. 22902
RE: ZMA201200008 Estes Park Amendment
Tax Map 32, Parcels 33 and 34 and Tax Map 46B4, Parcels 5 and 5A
Dear Mr. Collins:
On December 12,2012,the Board of Supervisors approved the above referenced zoning map
amendment which changes proffer#2 of the previously approved ZMA201000011 to now include a cash
proffer amount for single family detached/attached residential units.With this approval,the development
of Estes Park is now subject to the attached proffers dated December 7, 2012 and signed December 12,
2012. Please refer to this document for any future applications and requests on this property.
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 conditions have been met. This includes:
• compliance with applicable PROFFERS;
• approval of and compliance with a SITE PLAN(S)and/or SUBDIVISION PLAT(S); and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action,.please do not hesitate to contact •
Rebecca Ragsdale at 296-5832.
Sincerely,
V.Wayne CI'mberg
Director of Planning
Cc: Alan Taylor
321 E. Main St., Suite 500
Charlottesville,Va.22902
Fox, Clifford H Jr
2280 Barrackside Farm
Charlottesville,Va.22901
Estes Park LLC
Po Box 1457
Charlottesville,Va.22902
Email CC: Rebecca Ragsdale, Elise Hackett
il
Original Proffers
Amendment X
December 7,2012
PROFFER STATEMENT
ZMA No.2012-008 Estes Park
Tax Map and Parcel Number(s): 03200-00-00-03300 and 03200-00-00-03400
Owner(s)of Record:Estes Park,LLC �J
Da a of Proffer ' re:December I Z,2012
12.75 acres be-rezened-frenrPRDIC 12D
Estes Park,LLC (the"Owner") is the owner of Tax Map and Parcel Number 03200-00-00-03300 acquired by
deed dated June 11, 2012 from Clifford H. Fox, Jr., and Tax Map and Parcel Number 03200-00-00-03400
acquired by deed dated June 11, 2012 from Benjamin Johnson Estes and Patricia Ann Paige. Tax Map and
Parcel Number 03200-00-00-03300 and Tax Map and Parcel Number 03200-00-00-03400'(the"Property")was
the subject of rezoning application ZMA No.2010-00011, a project known as"Estes Park"(the"Project"),and
is now the subject of rezoning application ZMA No. 2012-008, which includes an application plan prepared by
Collins Engineering, LLC entitled "Estes Park Rezoning Application Plan" with a latest revision date of
November 27, 2012 (the "Application Plan"). This Proffer Statement is an Amendment to that Proffer
Statement approved in connection with ZMA 2010-00011.
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 it is rezoned to the zoning district identified
above. These conditions are proffered as a part of an amendment to the rezoning of ZMA 2010-00011,and the
Owner acknowledges that the conditions are reasonable.
1. 'ublic Street.
A a condition for the issuance of the first certificate of occupancy for any structure on the Property,the
Owner shal ,esign and complete construction of the public street identified as"Public Road D"shown on Sheet
3 of the Appli'ation Plan but which is located offsite from the Property on Tax Map and Parcel Numbers
046B4-00-00-0 S 00 and 046B4-00-00-005A0. •
A. Desi , and Construction.At a minimum,Public Road D shall be designed and constructed to
the"Typical S -et Section Roads A,B,C,D—Public Road(51' Public ROW)Not to Scale"shown on
Sheet 3 of the Ap• ication Plan but shall,in any event,be designed and constructed to County and
VDOT standards,in, uding the design and construction of related drainage,slope and utility easements,
as applicable.Construe I on of Public Road D shall be deemed complete when the County Engineer
determines that the road y is safe and convenient for traffic.
B. Dedication.As part o the first subdivision plat or in conjunction with the first site plan for the
Project,the right-of-way for Pu 'c Road D shall be dedicated to public use.If the dedication is not
accomplished in conjunction with 'e first subdivision plat for the Project,the Owner shall prepare,or
cause to be prepared,a subdivision p ,t meeting the requirements of the Albemarle County Subdivision
Ordinance(Chapter 14 of the Albemar . County Code)to treat a special lot composed of the right-of-
Pag, 1 of 4
n
way for Public Road D,and the plat shall identify the Public Road D right-of-way as being dedicated to
ublic use.
( 2. C sh Proffer for Capital Improvements Projects.
4-----i
The Owner shall contribute cash on a per "market-rate" dwelling'tunit basis for the purposes of
addressing the fiscal impacts of development on the County's public 'Mies and infrastructure, i.e., schools,
public safety, libraries, parks and transportation. A"market rate" it is an unit in the subdi is'o h. is not
considered an Affordable Unit as described in Proffer 3. ab .cam]ag..•Ida•IL@ OW te Nineteen Thousand
a-XV law MANGO.: a i Dol'ars p1 ,,`I S3.68) ,• t ►single f sa j detachedf dwelling i ;
o• F o d - aq}'t arotab "dwell''. lit with • th- '-roject' alifyvn_ 62 ui der °'ro er e
Owner's total cash contribution to Albemarle Cou ,- to address impacts upon the identified public facilities
may be up to $1,145,713.44 if all dwelling units .re single family detached (58 dwelling units x $19,753.68).
The cash contributions shall be Thirteen Tho :• d Four Hundred Thirty Two.and 49/100 Dollars ($13,432.49)
cash for each single family attached dwell'-: uni other than a constructed affordable dwelling unit within the
Project qualifying as such under Proffe cash•contr button sha, .Wai paid • the time cf,ts r issuanc o he
•-uildingObtfor each" unit,u' ess t e 1 b ,of the payment is.o,, erwise s B ecifi d b tat avv. ,
3. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent(15%)of the total residential units
constructed on the property as provided under Proffer 3a or 3b:
a WI Pro. -io In lieu of constructing affordable dwellin:units "Affordable Units" for fifteen
percent(15%)of the total number of Units, ,.,hich•would•corres pond T)1i( 0 affordable units the Owner has
the option to make a cash contribution to Albemarle County for the : e .e':e ou nI: program in the amount of
Twenty-One Thousand One Hundred Twenty-Five and 00. _Of P. . .C. I I Ct, ":moo_••b :�Jr•u 'rig 7
Cash Proffer")for each such unit as follows Uwner , b+ o o•""i 1 o n mash Proffe i n sij'Y�- '
wou th niGratagEgiassm e 4" e@inspection gpflitg lit f 6 ?li itific: a o oceuoarm itg
j o th sevent fourteent 4' twenty-first 21 st twenty-eighth :.' `
), tY- ( )� ),forty-
.,
second(42nd),forty-ninth(49th),fifty-sixth(566), sixty-third(63`d), =nd:ix, -el:hth 68th 0.. ling unit within
the Project. The Owner's total cash contribution to Albemarle County 1 lieu of c :.-y= •< ordable units
will be between$0 Dollars(for 10 affordable dwelling units constructe• .'. '. _ •-.itti$"(four 0 affordable
housing units constructed)based on the total number of affordable units constructed withi• e Property for the
purposes. The total cash contribution due to Albemarle County at each of the - • ment periods as noted
above shall be based on the total number of affordable units built at that point in time.
b.For-Sale Units. The Owner maintains the right to construct all or a portion of the ten(10)affordable
units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any
subsequent owner or developer of the Property (or any portion thereof), and such subsequent owner(s) and/or
developer(s) shall succeed to the duties of the Owner under this Proffer 3, and the term "Owner" shall refer to
such subsequent owners)and/or developer(s),as applicable.
(1) Affordability; Credit Thresholds. For the purposes of this Proffer 3(b), "affordable
housing" shall mean units affordable to households with incomes less than eighty percent(80%) of the
area median income(as determined from time to time by the Albemarle County Office of Housing)such
that housing costs consisting of principal, interest,real estate taxes and homeowners insurance(PITI)do
not exceed thirty percent (30%) of the gross household income; provided, however, that in no event
shall the selling price for such affordable units be more than sixty-five percent(65%) of the applicable
Virginia Housing Development Authority (VHDA) maximum sales price/loan limit for first-time
Page 2 of 4
homebuyer programs at the beginning of the 180-day period referenced in Proffer 3(b)(2) hereof(the
"VHDA Limit").
(2) Sale of Affordable Units. All purchasers of the for-sale affordable units shall be approved
by the Albemarle County Housing Office or its designee(the"Housing Office"). At the proposed time
of construction of any affordable unit, the Owner shall provide the Housing Office a period of one
hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit.
The 180-day qualification period shall commence upon written notice from the Owner to the Housing
Office of the approximate date the unit is expected to receive a certificate of occupancy from the County
(the"Notice"). Such Notice shall be given ncAnore than ninety(90)days prior to the expected issuance
of the certificate of occupancy, and the 180-day approval period shall extend no less than ninety (90)
days after the issuance of the certificate of occupancy. Nothing in this Proffer 3(b)(2) shall prohibit the
Housing Office from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of affordable units for approval by the Housing Office. If,during
the 180-day qualification period, (i)the Housing Office fails to approve a qualified purchaser,or(ii) a
qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case,the
Owner shall have the right to sell the unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 3(b). This Proffer
3(b)shall apply only to the first sale of each of the for-sale affordable units.
(3)Tracking.Each subdivision plat and site plan for land within the Property shall designate the
lots or units,as applicable,that will,subject to the terms and conditions of this proffer,incorporate
affordable units as described herein,and the aggregate number of such lots or units designated for
affordable units within each subdivision plat and site plan shall constitute a minimum of fifteen percent
(15%)of the lots in such subdivision plat or site plan.
ly4
4. Moub Lane Interconnection and Construction Ve cle Access. '
�
a. The.Owner, shall design and construct,a b' cle/pedestrian and emergency access connection to
Motbry Lane to minimum AASHTO standards of a 0-foot wide paved access road and shall place bollards
removable only by emergency service personnel, • prohibit any other vehicular access. This will be done to"
provide a secondary means of access in.casgs.:of ergency. The number and type of bollards shall be approved
in advance by Albemarle County's Division 'ire Rescue.
b. Moubry Lane shall not ie used for construction access associated with the Project, except as
necessary for construction of the Mo ry Lane Interconnection itself.
c. All construction. affic for the project shall enter the site through the existing access easement
from Proffit Road. Worth Cr..sing shall be closed and barricaded to construction traffic until such time as the
first certificate of occupanc, is issued within the Project and Public Road D is constructed with curbing and a
base asphalt surface and e Owner has obtained from the County Engineer a written determination that the
street is safe and convenient for traffic.
0
5. Erosion and Sediment Control.
The Owner shall provide additional erosion and ediment control measures above and and the
standard regulatory requirements as stated in the Virg' is Erosion and Sediment Control Handbook. The
additional measures to be implemented will consist erosion control practices as outlined in the attached
memorandum from Scott Collins, Collins Engineer' g to Glenn Brooks, dated February 29, 2012 (Re: Estes
Park Rezoning—Additional Erosion and Sediment ontrol Measures). The County Engineer shall determine, in
consultation with the Owner,the appropriate mea res to be implemented Design and implementation of these
erosion and sediment controls will be reviewed a d be subject to prior approval by the County Engineer.
Page 3 of 4
6. Cost Index.
Beginning January 1, 2013,the amount of each cash contribution required by Proffers 2 and 3 shall be
adjusted annually until paid,to reflect any increase or decrease for the proceeding calendar year in the Marshall
and Swift Building Cost Index("MSI"). The annual adjustment shall be made by multiplying the proffered cash
contribution amount due for the preceding year by a fraction, the numerator of which shall be the MSI as of
December 1 in the preceding calendar year,the denominator of which shall be the MSI as of December 1 in the
year preceding the calendar year most recently ended(the"Annual Percentage Change"). By way of example,
the first annual adjustment shall be$19,753.68 x 2013 MSI/2012 MSI. Each annual adjustment shall be based
on the amount of the proffered cash contribution due for the immediately preceding year based on the formula
contained in this Proffer 6 (the amount derived from such formula shall be referred to hereinafter as the"Cash
Contribution Due"), provided, however, in no,event shall the cash contribution amount paid by the Owner be
less than $19,753.68 per single family detached dwelling unit and $13,432.49 per single family attached
dwelling unit under Proffer 2 or$21,125.00 per affordable dwelling unit under Proffer 3 (the"Minimum Cash
Contribution"). The Annual Percentage Change shall be calculated each year using the Cash Contribution Due,
even though it may be less than the Minimum Cash Contribution, HOWEVER,the amount paid by the Owner
shall not be less than the Minimum Cash Contribution. For each cash contribution that is being paid in
increments,the unpaid incremental payments shall be correspondingly adjusted each year.
This Proffer Statement may be executed in any number of counterparts,each of which shall be an original and
all of which together shall constitute but one and the same instrument.
WITNESS the following signature:
OWNER
ESTES PARK,LLC,a Virgini limited liability company
By:
Alan .Taylor,Mana r
1761I587 6
Page 4 of 4
1
IthAirfii ,..,/ )
g UQ_.
ve
COUNTY OF ALBS E
-
Department of Community Dev ment
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
May 2,2012
Scott Collins, PE, Collins Engineering
200 Garrett Street, Suite K
Charlottesville,Va 22902 FRO
RE: ZMA20100011 Estes Park
TAX MAP 32 PARCELS 33 &34;TAX MAP 46B4 PARC a A
Dear Mr. Collins:
The Board of Supervi .:paroved the above referenced rezoning application on April 11, 2012. This
rezoning from R-1 tr, PRO w-. approved in accordance with the attached proffers dated April 9, 2012.
Please refer to thi- docum-,. for any future applications and requests on this property.
4tIn addition, the Board of Supervisors a roved our request for a waiver of Section 18-4.2 of the Zoning
Ordinance ffrtdis am o critical slopes.
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 conditions have been met. This includes:
• compliance with APPLICATION PLAN and applicable PROFFERS;
• approval of and compliance with a SITE PLAN and/or SUBDIVISION PLAT; and
• approval of a ZONING COMPLIANCE CLEARANCE.
If you have questions or comments regarding the above-noted action, please do not hesitate to contact
Rebecca Ragsdale at 296-5832.
Sincerely,
Wilipl-'
V Y
V.Wayne Cilimberg
Director of Planning
cc: Alan Taylor, Riverbend Management
321 East Main Street, Suite 500
Charlottesville, Va 22902
Fox, Clifford H Jr
2280 Barrackside Farm
Charlottesville Va 22901
File •
Emaill CC: Tex Weaver, Elise Hackett, Rebecca Ragsdale
Original Proffers X
•
Amendment
April 9,2012 ' ' '
PROFFER STATEMENT
ZMA No.2010-00011 Estes Park
Tax Map and Parcel Number(s):03200-00-0,0-03300 and:03200-00-00-0340.0
Owner(s)of Record:Clifford H..Fox Jr.,Benjamin Johnson Estes,and Patricia Ann Paige
Contract Purchaser:River Bend Management,Inc.
Date of Proffer Signature:April 9,2012 •
12.75 acres to be rezoned from R 1 to PRD •
Clifford H.Fox jr..is the owner of Tax Map and Parcel Number 03200-00-00-03300 and Benjamin Johnson
Estes and Patricia Ann Paige are both the owners of Tax Map and Parcel Number 03200-00-00-03400
(collectively,the"Owner"). Tax Map and Parcel Number 03200-00-00-03300 and Tax Map and Parcel Number
03200-00-00-03400 (the "Property") is 'the subject.of rezoning application;ZMA No. ZMA 2010-00011, a
project known, as "Estes Parr" (the. "Project"), which includes an; application,plan,prepared by Collins
Engineering, I,LC entitled"Estes.Parr.Rezoning Applications,Plan".and with.a latest revision:date of June 20,
2011 (the "Application Plans'). River Bend Management, Inc., the "Contract Purchaser"for both Tax Map
Parcels,joins this Proffer Statement to,acknowledge its interest inthe Property. Where the owner or owners are
'listed below the Contract Purchaser also shall be,incltided i:,not stated., !,r; ;; :;• •
. . ., ,,.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance,;the Owner and.Contract Purchaser hereby
voluntarily proffers the,conditions listed below which shall be,applied to the Property if,it is rezoned to the
zoning district identified above. These conditions are proffered as a part of the requested rezoning and the
Ownei and Contract Purchaser.ackno ledges that the conditions are,reasonable. .
•
1. Public Street. • •
As a condition for the issuance of the first certificate of occupancy for any structure on the Property,the
OWner shall design and complete construction of the public street identified as"Public Road D"shown on Sheet
3 of the Application Plan but which is located offsite from the Property on Tax Map and Parcel Numbers
046B4-00-00-00500 and 046B4-00-00-005A0.
A. Design and Construction.At a minimum,Public Road D shall be designed and constructed to
the"Typical Street Section Roads A,B,C,D.-.Public Road(51'Public ROW)Not to Scale"shown on
Sheet 3 of the Application Plan but shall,in any event,be designed and constructed to County and
VDOT standards,including the design and construction of related drainage,slope and utility easements,
•
` 1 as applicable.Construction of Public Road D shall be deemed complete when the County Engineer
, determines that the roadway is safe and convenient for traffic.
B. ,Dedication.As part of the first subdivision plat or in conjunction with the first site plan for the
Project,the right-of-way for Public Road D shall be dedicated to public use.If the dedication is not
accomplished in conjunction with the first subdivision plat for the Project,the Owner shall prepare,or
cause to be prepared,a subdivision plat meeting the requirements of the Albemarle County Subdivision
• Page 1 of 5
Ordinance(Chapter 14 of the Albemarle County Code)to create a special lot composed of the right-of-
way for Public Road D,and the plat shall identify the Public Road D right-of-way as being dedicated to
public use.
2. Cash Proffer for Capital Improvements Projects.
The Owner shall contribute cash on a per "market-rate" dwelling unit basis for the purposes of
addressing the fiscal impacts of development on the County's public facilities and infrastructure, i.e., schools,
public safety, libraries,parks and transportation. A"market rate"unit is any unit in the subdivision that is not
considered an Affordable Unit as described in Proffer 3. The cash contributions shall be$13,000 cash for each
attached dwelling unit, other than a constructed affordable dwelling unit within the Project qualifying as such
under Proffer 3. The Owner's total cash contribution to Albemarle County to address impacts upon the
identified public facilities may be up to $754,000 (58 dwelling units x$13,000).The cash contribution shall be
paid at the time of the issuance of the building permit for each new unit, unless the timing of the payment is
otherwise specified by state law.
3. Affordable Housing.
The Owner shall provide affordable housing equal to fifteen percent(15%)of the total residential units constructed
on the property as provided under Proffer 3a or 3b:
a. Cash Proffer. In lieu of constructing affordable dwelling units("Affordable Units")for fifteen
percent(15%)of the.total number of Units,which would correspond to ten(10)affordable units,the Owner has
the option to make a cash contribution to Albemarle County for the affordable housing program in the amount of
Twenty-One Thousand One Hundred Twenty-Five Dollars($21,125)(the"Affordable Housing Cash Proffer") ,I
• for each such unit as follows: the Owner shall pay the Affordable Housing.Cash Proffer to the County,.in ten
(10)increments;after an inspection and prior to the issuance of a certificate of occupancy for each of the
seventh(7th),fourteenth(14 ),twenty-first(21st),tw-j -ei:�th(28t),thirty-fifth(35th),forty-second(42nd),
forty-ninth(49th),fifty-sixth(56s'),sixty-third(63t), . v sixty-eighth(68')dwelling 1dt w LI.ID project ,
The Owner's total cash contribution to Albemarle County in lieu o constructing affor.able units wi be between
Dollars(for 10 affordable dwelling units constructed)and$211,250(for 0 affordable housing units constructed)based
on the total number of affordable units constructed within the Property for the purposes. The total cash contribution •
due to Albemarle County at each of the ten payment periods as noted above shall be based on the total number of
affordable units built at that point in time.
b.For-Sale Units. The Owner maintains the right to construct all or a portion of the ten(10)affordable
units. The Owner shall convey the responsibility of initially constructing and selling the affordable units to any
subsequent owner or developer of the Property(or any portion thereof), and such subsequent owner(s) and/or
developer(s) shall succeed to the duties of the Owner under this Proffer 3, and the term"Owner" shall refer to
such subsequent owner(s)and/or developer(s),as applicable.
(1) Affordability; Credit Thresholds. For the purposes of this Proffer 3(b), "affordable
housing" shall mean units affordable to households with incomes less than eighty percent(80%)of the
area median income(as determined from time to time by the Albemarle County Office of Housing)such
that housing costs consisting of principal,interest,real estate taxes and homeowners insurance(PITI)do
not exceed thirty percent (30%) of the gross household income; provided, however, that in no event
shall the'selling price for such affordable units be more than sixty-five percent(65%) of the applicable
Virginia Housing Development Authority (VHDA) maximum sales price/loan limit for first-time
homebuyer programs at the beginning of the 180-day period referenced in Proffer 3(b)(2) hereof(the
"VHDA Limit").
Page 2 of 5
(2) Sale of Affordable Units. All purchasers of the for-sale affordable units shall be approved
by the Albemarle County Housing Office or its designee(the"Housing Office"). At the proposed time
of construction of any affordable unit, the Owner shall provide the Housing Office a period of one
hundred eighty (180) days to identify and approve an eligible purchaser for such affordable unit.
The 180-day qualification period shall commence upon written notice from the Owner to the Housing
Office of the approximate date the unit is expected to receive a certificate of occupancy from the County
(the"Notice"). Such Notice shall be given no more than ninety(90)days prior to the expected issuance
of the certificate of occupancy, and the 180-day approval period shall extend no less than ninety(90)
days after the issuance of the certificate of occupancy. Nothing in this Proffer 3(b)(2)shall prohibit the
Housing Office from providing the Owner with information on income eligibility sufficient for the
Owner to identify eligible purchasers of affordable units for approval by the Housing Office. If, during
the 180-day qualification period, (i)the Housing Office fails to approve a qualified purchaser,or(ii) a
qualified purchaser fails to execute a purchase contract for an affordable unit, then, in either case,the
Owner shall have the right to sell the unit without any restriction on sales price or income of the
purchaser(s), and such unit shall be counted toward the satisfaction of this Proffer 3(b). This Proffer
3(b)shall apply only to the first sale of each of the for-sale affordable units.
(3)Tracking.Each subdivision plat and site plan for land within the Property shall designate the lots or
units,as applicable,that will,subject to the terms and conditions of this proffer,incorporate affordable units as
described herein,and the aggregate number of such lots or units designated for affordable units within each
subdivision plat and site plan shall constitute a minimum of fifteen percent(15%)of the lots in such subdivision
plat or site plan.
4. Moubry Lane Interconnection and Construction Vehicle Access.
a. The Owner shall design and construct a bicycle/pedestrian and emergency access connection to
Moubry Lane to minimum AASHTO standards of a 20-foot wide paved access road and shall place bollards
removable only by emergency service personnel, to prohibit any other vehicular access. This will be done to ,<<I
provide a secondary means of access in case of emergency The number and type of bollards shall be approved
in advance by Albemarle County's Division of Fire Rescue.
b. Moubry Lane shall not be used for construction access associated with the Project, except as
necessary for construction of the Moubry Lane Interconnection itself.
c. All construction traffic for the project shall enter the site through the existing access easement
from Proffit Road. Worth Crossing shall be closed and barricaded to construction traffic until such time as the
first certificate of occupancy is issued within the Project and Public Road D is constructed with curbing and a
base asphalt surface and the Owner has obtained from the County Engineer a written determination that the
street is safe and convenient for traffic.
5. Erosion and Sediment Control.
The Owner shall provide additional erosion and sediment control measures above and beyond the
standard regulatory requirements as stated in the Virginia Erosion and Sediment Control Handbook. The
additional measures to be implemented will consist of erosion control practices as outlined in the attached
memorandum from Scott Collins, Collins Engineering to Glenn Brooks, dated February 29, 2012 (Re: Estes
Park Rezoning—Additional Erosion and Sediment Control Measures). The County Engineer shall determine,in
consultation with the Owner,the appropriate measures to be implemented Design and implementation of these
erosion and sediment controls will be reviewed and be subject to prior approval by the County Engineer.
Page 3 of 5
6. CostIndex.
Beginning January 1,2013,the amount of each cash contribution required by Proffers 2 and 3 shall be
adjusted annually until paid,to reflect any increase or decrease for the proceeding calendar year in the Marshall
and Swift Building Cost Index("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
MSI as of December 1 in the preceding calendar year,the denominator of which shall be the MSI 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.
This Proffer Statement may be executed in any number of counterparts,each of which shall be an original and
all ofwhich together shall constitute but one and the same instrument.
WITNESS the following signatures:
O
Cliffo . i . Jr.
OWNER
pia
Benjamin Johnson Estes
River end Manage ent,Inc.,Contract Purchaser
By:Alan R.Taylor, ice President
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Page 4 of 5
[SIGNATURE PAGE TO ESTES PARK PROFFER STATEMENT]
OWNER
0--V,e4la)
Patricia Ann Paige
Page 5 of 5
f! : N{G 1 N V. N 5 MBOO E JEFFERSON .01rI RL•QrTESVILLt VA 22002
4td 263 Pt i' v't.i 434 283:6''({9 Fi<
wJuw.coiltna-enprhe cam_wY
MEMO
To: Albemarle County
Attn: Glenn Brooks,County Engineer
From: Scott Collins,PE
Re: Estes Dark Rezoning— Additional Rrosion and Sediment Control Measures
Date: February 29,2012
Mr.Brooks:
In an effort to provide erosion and sediment control for the Estes Park development that exceed the
current standards and regulations as set forth in the Virginia Erosion and Sediment Control
Handbook,the Owner of the development is willing to implement additional erosion control
measures. The additional measures that Estes Park will implement upon approval of the Countythe
County'Engineer are listed below (In addition,the County Engineer or Erosion Control Inspector
can require the developer to include or implement additional erosion control measures during the site
plan approval process or construction phase of development.):
1. Commitment to finishing,stabilizing,and closing out the permit bya given date—Estes Park
shall be developed in the(2)phases to ensure timely completion and stabilization of the first
phase,prior to moving forward with the second phase of construction. All timelines for
construction and stabilization will meet the Albemarle County regulations.
2. Commitment to independent third party professional inspections and documentation,with
reporting to the county—Estes Park shall hire a professional consultant to review and
inspect the erosion control measures on a weekly basis,document the findings,and provide
these reports to the county for review.
3. Installation of a turbidity curtain—the contractors for Estes park shall install a turbidity
curtain at the inlet point into Arbor Lake.
4. Installation of reinforced silt fencing—the use of wire-backed silt fence will be used along
the streams and environmental areas for added protection. Metal fencing or barriers,or
double rows of silt fencing,or other extra requirements will be provided as directed by the
county engineer to Luther enhance mitigation efforts.
5. Provide additional wet storage and dry storage in the traps and basins—Sediment basins will
be designed with 50%additional storage volume for the wet and dry storage to allow the
basins to contain all the run-off,and hold it longer in the basin to allow sediment to filter
out. In addition,the sediment basins will have different compartments that will allow
sediment to filter out as it moves through these compartments. The contractor will
continually clean out the sediment from these compartments on a routine basis.
6. Installation of erosion control matting for all slopes and the use of tackifiers in seeding and
soil stabilization applications—measures such as these will be used for instant stabilization
practices for the development,to help prevent erosion during the stabil anion of the site.
7. Apply redundancy in the design-Estes Park will have a series of erosion control measures
such as diversion ditches,sediment basins,reinforced silt fence,bio-logs,and turbidity •
curtains designed and installed in conjunction with each other to control the sediment run-
off from the site.
8. Use of easily installed pre-manufactured silt control devices—these devices,listed in more
detail below,will be installed to assist with erosion control measures.
•
In addition to these types of erosion control measures listed above,Estes Park is committed to
installing additional erosion control measures to assist in the removal of fine particles and colloidal
soils from the run-off. These additional measures are proposed with this development to protect
Arbor Lake and the downstream environmental features.
1. Filter socks and Floc Logs-These measures are used as a trapping device to filter the run off
through these products which special in removing the fine particles and colloidal soils
from the run-off. These devices are used downstream of the project in conjunction with silt
fence and along roadways to protect the drainage inlet structures and remove particles
before they enter the structures. Any erosion control measures that arc installed off-site will
require an easement or letter from the Forest Lakes HOA allowing the erosion control
measures to be installed on the Forest Lakes HOA property downstream of Estes Park
2. Departmental sediment basins—Design and construction of sediment basins with a series of
different chambers to allow run-off to filter through each chamber to the next chamber
while removing the fine particles and colloidal soils as the run-off passes through each
chamber and filtering device. The first chamber will be cleaned out on a monthly basis,with
the other chambers being cleaned out as necessary to remove sediment that has accumulated
within the basin Faircloth Skimmer devices—this device is added to the outfall pipe of
sediment basins and assists in the filtration and removal of fine particles and colloidal soils
from the water before it's released from the basin.
3. Erosion Control blankets and other ADS soil stabilization measures—these devices can be
applied to and below denuded areas to prevent erosion by removing fine particles and
colloidal soils from the run-off.
Summary:
Estes Park and its owners and developers are committed to design and implementation of additional
erosion control measures and devices to protect the downstream properties and environmental
features from sedimentation,during and after construction activity is completed with the
development. Erosion control measures,as listed above,are to be designed and installed for
additional protection above and beyond the standard erosion control design regulations for
development and construction activities. These specialized techniques and the redundancy,of these
control measures are added measures on top of the standard erosion control devices to assist in the
removal of sediment,fine particles,and colloidal soils from the run-off from the development.
In.addition,the developers of Estes Park will meet with representatives from Forest Lakes
Association on a set monthly basis,or other agreed upon meeting schedule,onsite to review and
inspect the point at which flow from the Estes Development enters Arbor Lake. Documentation of
sedimentation into the Lake,if any,will be noted in the inspections reports from each of the
meetings. These documents will be kept as records throughout the construction of Estes Park and
used to determine the amount,if any,of sediment that has entered the pond from the Estes
Development. At the end of the project,Estes Development will be responsible for removing the
amount of documented sediment from Arbor Lake from these inspection reports,as agreed upon by
both parties. The intent is to prevent and remove any sediment from Arbor Lake caused by
construction development of Estes Park at no financial cost to Forest Lakes for the clean-up of the
sediment from the construction activity of Estes Park
AL,y-74-•
74C ifiNf7\
—0`441.
COUNTY OF ALBEMARLE.
Department nf Copmunity Development
401 Mclntire Road,*oh'Win
Charlotte,$)iiile,Virginia. 21902,4506
_ Phone(434)296-5832 _ FAX(434)9724126
March 23,2012'
Scott Collins,PE, Collins Engineering
200.Garrett Street, &lite K
Charlottesville:N./a 22902
RE: ZMA201.110011 Estes.Park
TAX MAP/PARCEL: 032000000,033017,TMP q32Op0opp4o0, end'TNT
04604000000500,,TIV1P 046E40005A0
Dear Mr .C011int:
The Albemarle County Planning Cot mission, atsits Meeting Oli,March$,.2012, by a vOtO of 6.1.
recommended approval of the abOVe-notOd petition tO the Board of 8.uperViSore
Please.note that this approval is SUbject.ta the f011oWing conditions.
1. Right of access has been secured from the adjacent parcels TMP'40B475 and IMP 46B4-5A for
the,construction (and right of way dedication) of a public road on these properties to serve the
probb$ed Estes Park development.
2 The Cash Proffer for Capital Improvements Y.#1)is changed so that the total cash proffer amount
is based on the total number Or.MatketValtie:units built
3 Revision to the Affordable Housing Proffer(#2)1stO the satisfaction of the Housing Director,and
the Erosion and Sedirrierit:Oonttpl:Pfoffor(#5)4p.tho satisfaction of the County,Engineor,
In-addition; the Planning,CorriiissiOn recommended approval Of.ctitical slopes waiver, by a vote of 6:0,
PleaSe be advised that the Albemarle County Board OfSupervisorS Will review this petition and Twelve
public comment at their meeting On.April-11,2012.
If,you should have any questions or comments regarding.the above noted action, please do not hesitate to
contact me at.(434) 296-5832.
Sincerely,
David Benish
Chief Of.Planning
Planning Division
cc: Alan Taylor,Riverbend Management
321 East Main Street, Suite 500
Charlottesville, Va 22902
Fox,Clifford H Jr
2280 Barrackside Farm
Charlottesville Va 22901
OY
7y�,
Aker
�'IRGIISIP
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
November 7, 2011
Scott Collins, PE, Collins Engineering
200 Garrett Street, Suite K
Charlottesville,Va 22902
RE: ZMA20100011 Estes Park
TAX MAP/PARCEL: TMP 03200000003300,TMP 03200000003400,and TMP
046B4000000500
Dear Mr. Collins:
The Albemarle County Planning Commission, at its meeting on October 18,2011, by a vote of 7:0
deferred the above-noted petition. Therefore,this item has been rescheduled for public hearing as
follows:
ALBEMARLE COUNTY PLANNING COMMISSION—TUESDAY, DECEMBER 13,2011,
The Albemarle County Planning Commission will meet at 6:00 p.m., in Lane Auditorium, Second Floor,
County Office Building,401 McIntire Road,Charlottesville, Virginia. You will receive a copy of the staff
report and tentative agenda one week prior to the Planning Commission meeting. YOU OR YOUR
REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David Benish
Chief of Planning
Planning Division
cc: Alan Taylor, Riverbend Management
321 East Main Street, Suite 500
Charlottesville, Va 22902
Fox, Clifford H Jr
2280 Barrackside Farm
Charlottesville Va 22901
,
Of A
.5A4.Fri Win
i'IRG1
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
September 20,2011
Scott Collins, Pe, Collins Engineering
200 Garrett Street, Suite K
Charlottesville, Va 22902
RE: ZMA20100011 Estes Park
TAX MAP/PARCEL: TMP 03200000003300,TMP 03200000003400,and TMP
046B4000000500
Dear Mr. Collins:
The Albemarle County Planning Commission, at its meeting on August 23,2011, by a vote of 6:0
accepted your request for deferral of the above-noted petition.
The Planning Commission had the following recommendations/concerns:
1. Lack of provision of affordable housing units. The recent trend to proffer cash in lieu of units needs to
be reviewed as part of a discussion of the Affordable Housing Policy. There was a general
consensus that the applicant should base the amount of the cash proffer for affordable housing on the
total number of units.
2. Protection of Arbor Lake—Need to ensure that the agreement is in place.
3. Provide for tot lot or another recreational amenity in the 25%open space.
4. Better provision for temporary and long-term protection of the historic cemetery
5. Provide adequate road width to allow parking on both sides of public road.
6. Evaluate options for another point of vehicular access instead of the Moubry Lane interconnection. It
was a general consensus not to make the interconnection,but to preserve the cul-de-sac. Second
means of access needs to be made. Typically,this issue would be addressed during site plan review.
Please be advised that the Albemarle County Planning Commission will review this petition and receive
public comment at their meeting on September 27,2011.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at(434) 296-5832.
Sincerely,
David Benish
Chief of Planning
Planning Division
cc: Alan Taylor, Riverbend Management
321 East Main Street, Suite 500
Charlottesville,Va 22902
Fox, Clifford H Jr
2280 Barrackside Farm
Charlottesville Va 22901