HomeMy WebLinkAboutZMA200400018 Proffers 2011-03-10Original Proffer
Amended Proffer \i
(Amendment ;V 7 to ZMA 94-06 }
PROFFER FORM FOR FONTANA PHASE 4C
Date: February 24, 2008 Cornnnumty iopi cnt B�epv mnent
Fi:ep -MA 011 -1
ZMA #'04-18 Approved by flhe Board of Supervi=S
Tax Map and Parcel Number Tax Map 78E, Parcel A Datr �.
17.15 Acres to be rezoned from Rl. R4 RA to R4 f n' -
:n « .-pianne,
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.
Conformity with Plans: Fontana Phase 4C shall be developed in general accord with
the plans entitled, "Fontana — Phase 4C Rezoning Plan," prepared by Terra Engineering
and Land Solutions, dated, July 30, 2007, a copy of which is attached hereto as Exhibit
A, (the "Plan"). No more than thirty-four (34) dwelling units shall be developed in
Fontana Phase 4C.
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.
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.
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) fest, 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.
14. 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.
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.
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.
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 I Vz
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 planted: 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
'h inches in caliper d_b.h.; non -deciduous trees shall be at least four (4) feet in height.
Pedestrian Paths: Pedestrian paths shown on the Plan shall be constructed according to
the standards for Class A Type I pedestrian paths in the Albemarle County Design
Standards Manual. The Owner shall not request that the County issue the ninth (9,')
building permit until the paths have been completed to the satisfaction of the County
Engineer.
Cash proffer: The Owner shall contribute $17,500 cash to the County for each unit
constructed within the Property for the purpose of mitigating impacts from the
development. Each cash contribution shall be used for improvements for schools,
libraries, public safety, parks and transportation as identified in the County's Capital
Improvements Program. The cash contribution shall be paid in increments of 517,500
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, 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 "MSP'). 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.
Final Approval: The Owner shall not submit an application for an erosion and sediment
control permit for grading until improvements have been completed for phases 1, 2, 3,
and 4A and 413 of the Fontana Subdivision and all bonds held by the County in
conjunction with subdivision, stormwater management, and erosion control for prior
phases have been released by the County.
Architectural Standards: The Owner shall require as part of the covenants for Fontana
Phase 4C that all structures be constructed using medium shaded earth -tone colors 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 blthe Director of Planning.
10. Plan for Pedestrian Paths for Phases 1 2 3 4A and 4B of Fontana Subdivision: The
Owner shall construct pedestrian paths in accordance with the plan entitled "Fontana
Pedestrian Path Plan," prepared by Glenn Brooks 2-25-08, pages 1, 2 and 3. These paths
shall be completed to the satisfaction of the County Engineer prior to grading in Phase
4C.
Signature of Owner A. M. Nichols, Trustee Date
Fontana Land Trust