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HomeMy WebLinkAboutZMA201000017 Proffers Zoning Map Amendment 2011-11-16 Proffer Statement Redfields PRD Application Plan Amendment Date: November 16, 2011 Owner: Redfields Development Corporation Property: Redfields Phase V, PIN 076R0- 00- 00 -000E4 and PIN 07R0 -00 -00 -00100 Application: ZMA- 2010 - 00017, Amendment to Application Plan, Existing PRD Zoning, ( "Amendment Application ") This Proffer Statement accompanies and relates to the Redfields Phase V, Amendment to Application Plan, Existing PRD Zoning, dated June 6, 2011 ( "Application Plan "). The Owner is Redfields Development Corporation, a Virginia corporation, or its successors (the "Owner "). The Application Plan was submitted by the Owner as part of the Amendment Application. The Application Plan applies to approximately 58.46 acres in the Redfields Planned Residential District of Albemarle County, Virginia (the "County ") known as tax map parcels 076R0- 00 -00- 000E4 and 07R0 -00 -00 -00100 ( "Phase V "). Phase V is zoned Planned Residential Development in accordance with Section 8 of the Albemarle County Zoning Ordinance (the "Ordinance "). Conditions. Pursuant to section 33.3 of the Albemarle County Zoning Ordinance and subject to the reservations and clarifications that follow, the Owner hereby voluntarily proffers the conditions listed in this Proffer Statement, which shall be applied to Redfields Phase V if the proposed Application Plan is approved by the Board of Supervisors of Albemarle County. If the Application Plan is denied, these conditions shall be immediately null, void and of no effect. These conditions are proffered as a part of the requested Amendment Application and it is agreed that: (1) the uses described in the Amendment Application itself give rise to the need for the conditions; and (2) such conditions have a reasonable relation to the uses described in the Amendment Application. The following shall be the sole conditions /proffers applicable to Redfield Phase V. 1. The following restrictions shall apply within the Open Space area in Phase V that is within one hundred feet (100') of the property line adjoining the following lots in Sherwood Farms: tax map parcel identification numbers 076N0- 00- 00- 013A0, 076N0- 00 -00- 01300, 076N0- 01- 00- 000E2, 076N0- 00 -00- 01200, 076N- 00 -00- 01100, and 076N0- 00- 00 -008B1 as well as existing lots in Redfields Phase 2 -A and 2 -B that are contiguous to Phase V, (the "Buffer "), as shown on the Application Plan. In addition to any disturbance limitations imposed on Open Space under Ordinance Section 4.7, any Buffer Area disturbance shall be limited to: a) the location of utilities when an alternative location is not practical; and b) removal of trees that are determined by an arborist to be diseased or dying or for the installation of improvements contemplated by this ZMA 2010 -0017. Where the Owner may disturb the Buffer as allowed herein, such disturbance shall be limited to that necessary to permit the allowed use, and to the extent practical, the disturbed area shall be replanted with the same number of trees that have been removed. The replacement trees shall measure a minimum of 1 '/" caliper (as measured at six (6) inches from the ground) and shall be a species indigenous to the area. 1 Attachment III 2. At the request of the Redfields Community Association, Inc., (the "Association ") but not sooner than the issuance of an occupancy pen for the sixty - fourth (64 dwelling unit within Phase V, Redfields, the Owner shall within sixty (60) days, convey to the Association, by deed of conveyance those certain parcels of land in Phase V that are labeled on the Application Plan as "Open Space ", together with the improvements described below in paragraphs 3 and 4; which Open Space shall have the same meaning as set forth in Section 4.7 of the Ordinance. The Owner reserves the right to transfer any or all of the Open Space to Association at any time before the requirements to transfer the Open Space are met. 3. On or before the issuance of an occupancy permit for the sixty - fourth (64 dwelling unit within Phase V, Redfields, Owner shall construct new class B type 1 primitive nature trails (as described in the Albemarle County Design Standards Manual, last updated February 12, 2010) in the general locations shown on the Application Plan. The Owner reserves the right to include, at its sole discretion, a parcourse as part of the trail or within the scenic area, as shown on the Application Plan. A parcourse consists of a path or course equipped with obstacles or stations distributed along its length for exercise. 4. [Intentionally deleted]. 5. The Owner will submit an overall lot grading plan meeting the requirements of this paragraph 5 for Phase V (the "Plan ") before the first final subdivision plat is approved. (i) The Plan will 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 paragraph 5. (ii) The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. (iii) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage 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 the flooding of dwellings in the event a store sewer fails. (iv) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of 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 fell (2:1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts. (v) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. (vi) No surface drainage across a residential lot shall have more than one -half (%) acre of land draining to it. 2 (vii) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the buildable area. (viii) The Plan shall demonstrate that driveways to lots will not be steeper than twenty (20 %) percent unless certified by an engineer that the driveway at the proposed steepness would be safe and convenient for passenger and emergency vehicles to use, and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street. Additionally, the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent (ix) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will 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. (x) Any requirement of this condition may be waived by the County Engineer by submitting a waiver request with the preliminary or final plat for the phase or section within Phase V. If such a request is made, it shall include: (a) a justification for the request contained in a certified engineer's report; (b) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (c) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property, (d) 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; (e) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (f) 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 generally satisfies the purpose of the requirement to be waived. The County Engineer should also consider whether granting the waiver will result in substantial detriment to the public health, safety or welfare. (xi) 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. (xii) In the event that the County adopts overall lot grading regulations after the date the Application Plan is approved, any requirement of those regulations that is less restrictive than any requirement of this paragraph 5 that is imposed on the Owner shall automatically supersede the corresponding requirement of this paragraph. Any requirement that is more restrictive in such an ordinance will be superseded by the less restrictive requirement in this paragraph 5. (xiii) All grading within Phase V shall comply with the Plan approved by the County Engineer. 6. Phase V shall include not more than 126 dwelling units and these dwelling units shall count toward the aggregate number of 656 dwelling units permitted in Redfields PRD as established in ZMA 89 -18. J Attachment III 7. Prior to approval of any road plans for Phase V, the Owner shall provide a pavement analysis for the existing Fieldstone Road in accordance with Virginia Department of Transportation Engineering Guidelines (Chapter 6, entitled Pavement Design and Evaluation.) The Owner shall install all required reconstruction and improvements in conjunction with the first final subdivision plat in Phase V if it is recommended by such pavement analysis, and required by the Virginia Department of Transportation. 8. The Owner shall install a five (5) foot wide asphalt footpath in the right -of -way along Fieldstone Road between Phase V and Redfields Road. A road segment plan showing the right - of -way dimensions and conceptual alignment for the footpath is attached to these Proffers. The final alignment of this footpath shall be subject to VDOT and Albemarle County Service Authority approvals. This footpath shall be installed with the construction of any improvements within the first final subdivision plat for Phase V. 9. The Owner agrees that the owners of residential units within Phase V shall not have the right to use the existing Redfields community pool and clubhouse as an amenity or incidence of membership in the Redfields community association, without the express consent of the Redfields Homeowners Association, under rules and guidelines as may be established by the Redfields Homeowners Association. Accordingly, the owners of residential units within Phase V shall be allowed to pay reduced general assessments, pro -rated to reflect the exclusion of the costs attributable to the community pool and clubhouse. The provisions of this Proffer 9 shall be incorporated into the Declaration of Covenants and Restrictions for Redfields when Phase V is added to the Declaration by amendment with the recording of the first subdivision plat for Phase V. The County shall have no obligation or duty to enforce the terms of the Redfields Declaration of Covenants and Restrictions or this Proffer 9 except to the extent that it may withhold any approval of a building permit until the amendment containing this Proffer 9 provision is recorded. 10. The Owner shall install with the construction of any improvements within the first final subdivision plat for Phase V a gate and vehicular access at the cul -de -sac located adjacent to Albemarle County Tax Map Parcel 89 -73D (the "Evergreen Land Company Property "). The gate and vehicular access shall be to a standard approved by Albemarle County Fire and Rescue. Owner shall cause emergency access to be granted for fire and rescue personnel to access Redfields from Ambrose Commons Drive over the Evergreen Land Company Property, including, if necessary extending gravel access from an existing faun road on the Evergreen Land Company Property. If the Evergreen Land Company Property is ever developed, the owners of such property may relocate the access road in order to accommodate such future development. 4 Witness the following signature and seal. Redfields Development Corporation By: (1/1),,_ Proffer Statement Redfields PRD Application Plan Amendment 5 Attachment III Proffer Statement Redfields PRD Application Plan Amendment Date: July 18, 2011 Owner: Redfields Development Corporation Property: Redfields Phase V, PIN 076R0 -00-00-000E4 and PIN 07RO-00-00-00100 Application: ZMA-2010-00017, Amendment to Application Plan, Existing PRD Zoning, ("Amendment Application") This Proffer Statement accompanies and relates to the Redfields Phase V, Amendment to Application Plan, Existing PRD Zoning, dated June 6, 2011 ("Application Plan"). The Owner is Redfields Development Corporation, a Virginia corporation, or its successors (the "Owner"). The Application Plan was submitted by the Owner as part of the Amendment Application. The Application Plan applies to approximately 58.46 acres in the Redfields Planned Residential District of Albemarle County, Virginia (the "County") known as tax map parcels 076R0 -00-00- 000E4 and 07RO-00-00-00100 ("Phase V"). Phase V is zoned Planned Residential Development in accordance with Section 8 of the Albemarle County Zoning Ordinance (the "Ordinance"). Conditions. Pursuant to section 33.3 of the Albemarle County Zoning Ordinance and subject to the reservations and clarifications that follow, the Owner hereby voluntarily proffers the conditions listed in this Proffer Statement, which shall be applied to Redfields Phase V if the proposed Application Plan is approved by the Board of Supervisors of Albemarle County. If the Application Plan is denied, these conditions shall be immediately null, void and of no effect. These conditions are proffered as a part of the requested Amendment Application and it is agreed that: (1) the uses described in the Amendment Application itself give rise to the need for the conditions; and (2) such conditions have a reasonable relation to the uses described in the Amendment Application. The following shall be the sole conditions/proffers applicable to Redfield Phase V. 1. Except as provided hereafter, the Owner will not disturb the area in Phase V that is within one hundred feet (100') of the property line adjoining the following lots in Sherwood Farms: tax map parcel identification numbers 076N0 -00-00-013A0, 076N0-00-00-01300, 076N0 -01-00- 000E2, 076NO-00-00-01200, 076N-00-00-01100, and 076NO-00-00-008B 1 as well as existing lots in Redfields Phase 2-A and 2-13 that are contiguous to Phase V, (the 'Buffer"), as shown on the Application Plan. Owner, or its successors may disturb the Buffer to provide, construct, improve, realign, remove, replace, maintain and repair trails and utilities (including without limitation electric power, water, sewer, telephone, cable, natural gas, internet and other similar utility services (whether now known or developed in the future) to or for the benefit of the owners in the Redfields PRD or others. The Owner may disturb the Buffer for forest management and for public health and safety reasons. The Owner may disturb the Buffer for other reasons approved by the County's Zoning Administrator; provided however that in the event that the Buffer is disturbed for any purpose allowed herein, such disturbance shall be limited to that necessary to permit the allowed use, and to the extent practical, the disturbed area shall be replanted with the same number of trees that have been removed. The replacement trees shall measure a minimum of 1 1/2" caliper and shall be a species indigenous to the area. 1 2. At the request of the Redfields Community Association, Inc., (the "Association") but not sooner than the issuance of an occupancy permit for the sixty-fourth (64th) dwelling unit within Phase V, Redfields, the Owner shall dedicate to the Association, by deed of conveyance those certain parcels of land in Phase V that are labeled on the Application Plan as "Open Space", together with the improvements described below in paragraphs 3 and 4. The Owner reserves the right to transfer any or all of the Open Space to Association at any time before the requirements to transfer the Open Space are met. Notwithstanding anything contained herein, any and all rights of the Association or residents of Redfields in Phase V (including without limitation any area labeled trail, Open Space, scenic overlook or recreation area) shall only arise by deed recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. The Application Plan itself is not a conveyance and this Proffer Statement is not a conveyance. Approval of either is not a conveyance and does not transfer any interest in the land or its use. Unless and until a conveyance is made by deed, neither the Association nor any resident of Redfields has a right by reason of the Application Plan or this Proffer Statement, or by approval of either, to access or use any of this property including without limitation any area labeled trail (whether existing or new), Open Space, scenic area or recreation area. 3. On or before the issuance of an occupancy permit for the sixty-fourth (64th) dwelling unit within Phase V, Redfields, Owner shall construct new class B type 1 primitive nature trails (as described in the Albemarle County Design Standards Manual, last updated February 12, 2010) in the general locations shown on the Application Plan. The Owner reserves the right to include, at its sole discretion, a parcourse as part of the trail or within the scenic area, as shown on the Application Plan. A parcourse consists of a path or course equipped with obstacles or stations distributed along its length for exercise. 4. On or before the issuance of an occupancy permit for the sixty-fourth (64th) dwelling unit within Phase V, Redfields, the Owner shall construct a tot lot, a scenic area and a basketball half - court in the approximate locations shown on the Application Plan. The scenic area shall contain two (2) park benches. The Owner will construct the tot lot, scenic area and basketball half -court before dedicating the Common Open Space to the Association. The Owner reserves the right to construct the tot lot, scenic area and basketball half -court at any time before the requirements to construct them are met. 5. The Owner will submit an overall lot grading plan meeting the requirements of this paragraph 5 for Phase V (the "Plan") before a final subdivision plat is approved. (i) The Plan will 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 paragraph 5. (ii) The Plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet. (iii) All proposed grading shall be shown with contour intervals not greater than two (2) feet. All concentrated surface drainage 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 the flooding of dwellings in the event a storm sewer fails. 2 (iv) Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of 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 fell (2:1), unless the County Engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts, such finding not to be unreasonably withheld. (v) Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. (vi) No surface drainage across a residential lot shall have more than one-half (1/z) acre of land draining to it. (vii) All drainage from streets shall be carried across lots in a storm sewer to a point beyond the buildable area. (viii) The Plan shall demonstrate that driveways to lots will not be steeper than twenty (20%) percent unless certified by an engineer that the driveway at the proposed steepness would be safe and convenient for passenger and emergency vehicles to use, and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street. Additionally, the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent (ix) The Plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will 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. (x) Any requirement of this condition may be waived by the County Engineer by submitting a waiver request with the preliminary or final plat. If such a request is made, it shall include: (a) a justification for the request contained in a certified engineer's report; (b) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (c) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property, (d) 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; (e) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (f) 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 generally satisfies the purpose of the requirement to be waived. The County Engineer should also consider whether granting the waiver will result in substantial detriment to the public health, safety or welfare. 3 (xi) 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. (xii) In the event that the County adopts overall lot grading regulations after the date the Application Plan is approved, any requirement of those regulations that is less restrictive than any requirement of this paragraph 5 that is imposed on the Owner shall automatically supersede the corresponding requirement of this paragraph. Any requirement that is more restrictive in such an ordinance will be superseded by the less restrictive requirement in this paragraph 5. The following conditions/proffers shall be applicable to Redfields PRD generally. 6. The Redfields PRD shall include not more than 567 dwelling units. 7. Prior to approval of any road plans for Phase V, the Owner shall provide a pavement analysis for the existing Fieldstone Road in accordance with Virginia Department of Transportation Engineering Guidelines (Chapter 6, entitled Pavement Design and Evaluation.) 4 ALBEMARLE COUNTY COMMUNITY DEVELOPMENT — Information from Service Providers To be filled out by ACSA for ZMA's and SP's 1. Site is in jurisdictional area for x water x sewer water to existing structures only not in jurisdictional area. 2. Distance to the closest water line if in the development area is (12" D.I.P. Line Runs Through Property) feet. Water pressure is with gallons per minute at psi. 3. Distance to the closest sewer line if in the development area is (8" D.I.P. Line Runs Through Property) feet. 4. Capacity issues for sewer that may affect this proposal 5. Requires Rivanna Water and Sewer Authority capacity certification Yes _x No 6. Water flow or pressure issues that may affect this proposal 7. Red flags" regarding service provision (Use attachments if necessary)