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• BEFORE THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA <br />IN RE: PETITION FOR REZONING (City Application No. i 4 ) <br />STATEMENT OF FINAL PROFFER CONDITIONS <br />For the RIALTO BEACH PUD <br />Dated as of September 18, 2007 <br />TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY <br />OF CHARLOTTESVILLE: <br />The undersigned limited liability company is the owner of land subject to the above - <br />referenced rezoning petition ("Subject Property"). The Owner/Applicant seeks to amend the <br />current zoning of the property subject to certain voluntary development conditions set forth <br />below. In connection with this rezoning application, the Owner/Applicant seeks approval of a <br />PUD as set forth within a PUD Development Plan dated 9/4/2007. <br />The Owner/Applicant hereby proffers and agrees that if the Subject Property is rezoned <br />as requested, the rezoning will be subject to, and the Owner will abide by, the approved PUD <br />Development Plan as well as the following conditions: <br />1. Three lots improved for the construction of single family attached homes, or the value <br />thereof, shall be used to provide housing within the City of Charlottesville for employees of the <br />• Charlottesville Police Department. This shall be accomplished by direct sales of the lots to <br />Police Department employees for occupancy as their primary place of residence, or by donating <br />the sales price to a nonprofit organization with the condition that said funds be used to provide <br />home ownership opportunities within the City for members of the Charlottesville Police <br />Department, or any combination of the two alternatives. <br />Two of these lots will be donated, as describe above, prior to the issuance of a certificate of <br />occupancy on the 10`h residence. The third and final lot will be donated, as describe above, prior <br />to the issuance of a certificate of occupancy on the 18`h residence. <br />2. After final site plan approval, Owner/Applicant will pay up to $10,000 towards <br />Moore's Creek stream bank restoration within the Rialto Beach PUD, including the removal of <br />the three bridge abutments within the existing right of way of Rialto Street, under the direction of <br />the Virginia Department of Game and Inland Fisheries. <br />3. In the event the City approves Owner/Applicant's pending application for the vacation <br />of the portion of Palatine Avenue between TMP 59-357/-356 and TMP 59-375, Owner/Applicant <br />will install an 8" City standard gravity sanitary sewer line within the easement to be reserved by <br />the City upon the vacation of the portion of Palatine Avenue between TMP 59-357/-356 and <br />TMP 59-375, such line to be installed contemporaneously with other sewer work in the PUD. <br />4. No more than 12 residential units will be constructed until the portion of the sewer <br />line between the Subject Property and the downstream sewage treatment plant has been <br />• upgraded, or until the City Engineer determines that sufficient capacity exists in the portion of <br />the sewer line between the Subject Property and the downstream sewage treatment plant to <br />