HomeMy WebLinkAboutSUB200800287 Legacy Document 2010-04-30pF AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Ring
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4012
April 2, 2008
Driver, Steve (Terra Engineering And Land Solutions)
415 4th Street
Charlottesville, Va 22902
RE: ZMA -2004 -018 Fontana Phase 4C (Signs #37, 45)
Tax Map 78E Parcel A
Dear Mr. Driver
The Board of Supervisors approved your rezoning application on March 19, 2008. This
rezoning from RA Rural Areas, R -4 Residential zoning district and R -1 Residential zoning
district to R-4 Residential zoning district was approved in accordance with the attached proffers
dated February 24, 2008 and signed March 13, 2008. A proffered plan dated July 30, 2007
(also attached) was approved as part of the rezoning. Please refer to these documents 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 SUBDIVISION PLAT; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Please also be advised that the Planning Commission did not approve any of the requested
subdivision waivers and, if you still desire the waivers, you will need to make that request again
with your subdivision plat application.
If you have questions or comments regarding the above -noted action, please do not hesitate to
contact Sherri Proctor at 296 -5832.
Sincerely,
V. Wayne'Cilimberg
Director of Planning
Y
cc: Fontana Land Trust; A M Nichols Trustee
Email Copy: Tex Weaver; Steve Allshouse; Sherri Proctor; Sarah Baldwin; Bruce Woodzell
(Real Estate)
Attachment D
Original Proffer
Amended Proffer
(Amendment # 1 to ZMA 94-06 )
PROFFER FORM FOR FONTANA PHASE 4C
Date: February 24, 2008
ZMA # 04 -18
Tax Map and Parcel Number Tax Map 78E, Parcel A
17.15 Acres to be rezoned from RI, R4, RA to R4
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.
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.
2. Final Grading Plan: The Owner shall submit a final grading plan meeting the
requirements of this section (hereinafter, the "Final Grading Plan ") with the application
for each subdivision of the residential units shown on the Plan identified in Proffer 1
above. The Final Grading Plan shall show existing and proposed topographic features to
be considered in the development of the proposed subdivision. The Final Grading Plan
shall be approved by the County Engineer prior to the approval of the first preliminary
subdivision plat. The subdivision shall be graded as shown on the approved Final
Grading Plan. No certificate of occupancy shall be issued for any dwelling on a lot
where the County Engineer has determined the lot is not graded consistent with the
approved Final Grading Plan. The Final Grading Plan shall satisfy the following:
A. The Final Grading Plan shall show all proposed streets, building sites, surface
drainage, driveways, trails, and other features the County Engineer determines are
needed to verify that the Plan satisfies the requirements of this proffer.
B. The Final Grading Plan shall be drawn to scale not greater than one (1) inch
equals fifty (50) feet.
C. All proposed grading shall be shown at contour intervals not greater than two (2)
feet.
Attachment D
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
2
Attachment D
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.
Affordable Housing: The Owner shall contribute $2,809.00 cash per dwelling unit, up
to an aggregate maximum contribution of $95,500.00 (equivalent to $19,100 cash per
unit as cash in lieu of five (5) affordable dwelling units) to the County for the purpose of
affordable housing. Each cash contribution shall be due and payable with each
application for a building permit. Each cash. contribution shall be used for the purpose of
funding affordable housing programs in Albemarle County. if this cash contribution has
not been exhausted by the County for the stated purpose within ten (10) years after the
last payment of the contribution, all unexpended funds shall be applied to any public use
serving Neighborhood 3 Pantops.
4. Trees: At least one hundred- seventy (170) trees shall be planted or retained on the
subdivided lots. Trees shall be distributed among all lots with a minimum of 5 trees per
lot. The five trees to be counted on each lot shall be marked in the field for inspection
purposes. The owner shall not request a certificate of occupancy until a final zoning
inspection is performed and all required trees are in place.
Standard for trees to be retained: Deciduous trees to be retained shall be at least a 1 '/2
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
%z inches in caliper d.b.h.; non - deciduous trees shall be at least four (4) feet in height.
5. Pedestrian Paths: Pedestrian paths shown on the Plan shall be constructed according to
the standards for Class A Type 1 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.
b. 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
3
Attachment D
Improvements Program. The cash contribution shall be paid in increments of $1.7,500
for each unit prior to or at the time of issuance of a building permit for each unit. If this
cash. contribution has not been exhausted by the County for the stated purpose within five
(5) years after the date, all unexpended funds shall be applied to any public use serving
Neighborhood 3 Pantops.
7. Annual Adiustment 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 "MSI" ). In no event shall any cash contribution amount be adjusted to a
sum less than the amount initially established by these proffers. The annual adjustment
shall be made by multiplying the proffered cash contribution amount for the preceding
year by a fraction, the numerator of which shall be the Index as of December 1 in the
preceding calendar year, and the denominator of which shall be the Index as of
December 1 in the year preceding the calendar year most recently ended. For each cash
contribution that is being paid in increments, the unpaid incremental payments shall be
correspondingly adjusted each year.
8. Final Anuroval: 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 4B 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.
9. 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 fagade treatments and the colors and materials for the roofs shall be subject to
prior approval by the 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
Fontana Land Trust
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Date
4
Attachment D
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Attachment D
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA 04 -08 Fontana Phase 4C
SUBJECT /PROPOSAL /REQUEST:
Request to rezone approximately 17.10 acres from
RA, R -1, and R -4 (existing zoning) to R -4 with
proffered plan and other proffers
STAFF CONTACT(S):
Cilimberg, Echols
LEGAL REVIEW: NO
AGENDA DATE:
August 8, 2007
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
BACKGROUND:
On March 17, 2007, the Planning Commission held a public hearing on the request. The Commission discussed the
proposal and recommended disapproval for the following reasons:
1. The "form" is not in keeping with the Neighborhood Model; however, it is similar to the previously approved Fontana
subdivision and is the last phase of that development.
2. The density is not in keeping with the Land Use Plan, but, it is similar to the previously approved subdivision and is the last
phase of the development.
3. Curb, gutter, and sidewalks on the west side of Fontana Drive extended are not proposed.
4. Off -site drainage improvements in the developed part of Fontana are not appropriately provided to deal with run -off from
this new section.
5. Although bonds are being held in the applicant's name, the applicant has not agreed to complete all improvements in
Phase 4B before beginning on Phase 4C because he has sold the lots in Phase 4B to a builder and no longer controls the
ownership.
6. Traffic conditions on Fontana Drive have not been addressed.
Other issues of Planning Commission concern related to the Monticello viewshed and the need for curb, gutter, and
sidewalks on the portion of Fontana Drive from Route 20 to its current terminus. Several waivers had been requested
which were not approved by the Commission. These waiver requests were for interconnections to the east, and curb,
gutter, sidewalk, and street trees on three of the new streets instead of just one of the new streets.
DISCUSSION:
Since the Planning Commission met, the applicant has worked to resolve many of the outstanding issues. He has
changed the cross - section of Fontana Drive to show curb, gutter, sidewalk, and planting strips and has provided for
appropriate drainage improvements. He has proffered that his covenants will contain restrictions on fagade color and roof
material, in keeping with the Monticello Design Guidelines. He has increased his proffer for affordable housing and made
a cash proffer for impacts of the new units. He has provided additional information to the County Engineer regarding ways
to deal with drainage, which have been approved by the County Engineer. He has added Phase 4B to the list of phases
for which he proffers to complete before submitting a grading plan for erosion and sediment control. All of these changes
have either been made in the proffers (Exhibit A) or the proffered rezoning plan (Exhibit B).
The applicant did not offer to make any changes to the already constructed part of Fontana Drive that goes through the
existing Fontana subdivision. This street is a rural section with shoulders and ditches. He said that, to widen this street
and add curb and gutter would require redoing the drainage system and affecting the front part of 26 adjoining owners'
lots. It is possible that right -of -way acquisition would be necessary. Staff had not recommended this change to Fontana
Drive to the Planning Commission.
After the Planning Commission's March public hearing on this project, the Board of Supervisors has began work in earnest
on establishing a cash proffer policy. They set an expectation that all residential rezonings will mitigate impacts to schools,
libraries, parks, fire and rescue, and transportation at a level of $17,500 per single family detached unit. It was also the
consensus of the Board that, with the exception of affordable dwelling units provided, all new rezonings will pay for the
equivalent of their full impact as determined by the per unit cash proffer calculations. The Board said that, unless there
was only a small difference between the number of units allowed by -right and the number proposed for rezoning, the cash
proffer would be expected for all proposed units.
The applicant could build 9 units by right, which is a little more than 1/4 the number of units proposed. He has subtracted 9
units from 34 to result in 25 units for which cash proffers and affordable housing proffers are made. Staff does not believe
that 9 units is small enough difference between the number of units allowed by -right and the 34 proposed.
For mitigating impacts to public facilities, the applicant is making for a cash proffer of $17,500 per unit for 25 units for a
total value of $437,500. This amount distributed over 34 units yields a per unit proffer of $12,867.65. The expected proffer
of $17,500 for 34 units would yield $595,000. The applicant's proffer is $157,500 short of the Board's expectation.
In addition, the applicant has proffered $19,100 per unit for 3.75 units (15% of 25 units). The resulting calculation yields a
value of $ 71,625 for cash in lieu of affordable units. Since cash instead of affordable units is being proffered to meet the
affordable housing policy, staff believes that $19,100 should be provided for 5 (15% of 34) units for a total of $95,500.
The applicant's proffer for affordable housing is $23,875 short of the Board's expectation.
Board Policy Relative to Receipt of Signed Proffers and Plans
The applicant submitted signed proffers and a rezoning plan on July 19, 2007 for this public hearing. The plan showed 35
units instead of 34 units, which is the number reviewed by the Planning Commission. The proffers indicated that only 34 of
the 35 lots would be developed. Staff noted to the applicant that this change was problematic in terms of implementation
of proffers. For that reason, the applicant resubmitted a rezoning plan on July 30, 2007 showing only 34 lots. These 34
lots are slightly different in configuration than the ones viewed by the Commission; however, the plan is basically the same.
Minor changes to the proffers were needed which were made by the applicant by July 30, 2007. However, since that time,
the County Attorney's office has advised that some of the previously provided language would need to be dropped due to
changes in state law regarding cash proffers. Because the applicant is in Europe, he was not able to provide original
signed proffers by the date established by the Board of Supervisors and faxed the proffers instead. He has said that he
will provide the original on Monday, August 6. While the changes requested by the County Attorney's office and original
signatures can be accommodated prior to the public hearing, the Board will need to decide whether its policy relative to
final proffers has been satisfied.
Waivers
The staff report includes a set of waivers requested by the applicant which were not approved by the Planning
Commission. Because the requested district is not a planned district, and because the applicant did not make an
appeal of the Commission's action on the waivers within 10 days of that decision, the Board cannot approve the
waivers with the rezoning. If the rezoning is successful, though, the applicant will need to make application for a
critical slopes waiver from the Planning Commission in order to build the development as shown on the proffered plan.
The applicant will also need to seek waivers from the Commission for curb, gutter, and street trees on the two short
cul -de -sacs which are accessed by the Via Florence which is an existing street.
RECOMMENDATIONS:
Based on the expectations of the Planning Commission and the Board of Supervisors, staff recommends denial for the
following reasons:
1. The applicant did not offer to make changes to the already constructed part of Fontana as desired by the
Commission. It should be noted that, although desirable, staff has not recommended these changes due to
the difficulties in achieving them.
2. The applicant has not proffered to pay for the full cash impact of the proposal as expected by the Board of
Supervisors.
3. The applicant has not proffered to fully provide for affordable housing with units or cash as set out in the
County's affordable housing policy.
ATTACHMENTS:
EXHIBIT A: Signed proffers dated July 30, 2007
EXHIBIT B: Rezoning Plan dated July 30, 2007