HomeMy WebLinkAboutSDP202100009 Agreements 2021-05-18 (2)999 RIO ROAD SCREENING PREFERENCES
WHEREAS, Windmill Ventures, LLC (the "Owner") is the owner of that certain parcel
located in the County of Albemarle, Virginia (the "County"), designated on County tax maps as
parcel 61-154B, and having an address of 999 Rio Road East (the "999 Rio Property"); and
WHEREAS, 999 Rio Road Development, LLC (the "Developer") is the contract
purchaser of the 999 Rio Property, and desires to develop the 999 Rio Property in accordance
with County requirements and regulations; and
WHEREAS, as part of the rezoning pertaining to the 999 Rio Property, the Developer
agreed, pursuant to Note 7 of Table D of the Code of Development dated January 29, 2020 (the
"Code of Development") that the Developer "shall provide three different reasonable types of
screening options to each of the following grounds, for each of the following locations, as
follows ... (b) For the screening in Block 2 at the southeastern boundary of the Property, to (2)
Warren M. and Virginia M. Stallings, the owners of Tax Map Parcel 062FO-00-00-31300 (2033
Shephard's Ridge), and/or their successors or assigns.'; and
WHEREAS, the aforementioned parties and the Developer met to discuss the relevant
screening of the 999 Rio Property from such respective residences; and
WHEREAS, the aforementioned parties wish to memorialize their decision based on
such conversations.
NOW, THEREFORE, be it resolved as to the following:
Virginia M. Stallings hereby has the authority to decide as to the above for Warren
M. and Virginia M. Stallings, the owners of Tax Map Parcel 062FO-00-00-31300 (2033
Shephard's Ridge) ("Virginia").
2. Virginia, as evidenced by the signature below, desire to memorialize her preference
for Option A in the enclosed 999 Rio Road Neighborhood Buffer Options dated February 17,
2021, last revised April 15, 2021, attached hereto and incorporated herein as Exhibit "A" (the
"Exhibit').
For the avoidance of doubt, Virginia would like to memorialize her preference for
at least three (3) yoshino cryptomerias to be located in the general areas shown on the Exhibit,
with some flexibility to be provided as to the location of such trees depending on the final grade
of the 999 Rio Property.
4. There is an existing tree located at the northeastern corner of the 999 Rio Property,
the Developer shall take all reasonable and practicable steps necessary to preserve said tree, with
two of the yoshino cryptomerias to supplement the screening provided by such existing tree.
The fence shown on the Exhibit shall be a minimum of six (6) feet tall and shall
provide minimal distance between boards so as to screen light from the 999 Rio Property.
The Developer shall take all reasonable and practicable steps necessary to preserve
as many trees on the 999 Rio Property as possible.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
WITNESS the following duly authorized signatures:
On behalf of Warren M. and Virginia M. Stallings, the owners of Tax Map Parcel
062FO-00-00-31300 (2033 Shephard's Ridge):
V' inia M. Stallings
Dated: J — /x - ,2 I
EXHIBIT A
the Exhibit
Neighborhood Buffer Options
[attached]