HomeMy WebLinkAboutZMA201800003 Proffers 2019-08-21PROFFER STATEMENT
ZMA No. 2018-003
Original Proffers X
Amendment
Tax Map and Parcel Number(s): 09000-00-00-001A0, 090A1-00-00-OOIE0, 07600-00-00-051AO
Owner(s) of Record: SOUTHWOOD CHARLOTTESVILLE, LLC
Date of Proffer Signature:
August 2, 2019
33.96 acres; TMP 90-1A (7.94 acres), TMP 76-51A (1.23 acres) to be rezoned from R-2 to NMD and TMP
90A1-lE (23.33 acres) which is to be rezoned from NMD to NMD.
Southwood Charlottesville LLC, is the owner (the "Owner') of Tax Map and Parcel Number 09000-00-00-
001A0, 090A1-00-00-001E0, 07600-00-00-051AO (the "Property") which is the subject of rezoning application
ZMA No. 2018-003, a project known as "Southwood Phase 1" (the "Project").
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 it is rezoned to the zoning district identified
above. These conditions are voluntarily proffered as a part of the requested rezoning and the Owner
acknowledges that (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning requested. This proffer statement shall supersede and replace in all respects
the proffer statements approved by the Board of Supervisors in connection with ZMA 2005-00017.
1. Removal of Proffers and Amendment of Code of Development for Biscuit Run ZMA 2005-00017
included on Tax May Parcel 090A1-00-00-001E0. All existing proffers associated with the Code of
Development, applications, and Application Plan for ZMA 2005-00017 relating to Tax Map Parce1090A1-
00-00-001EO are hereby removed and superseded by these proffers. Tax Map parcel 090Al-00-00-OOIE0
(along with parcels 09000-00-00-OOIAO and 07600-00-0051AO) shall comply with the application plan and
the Code of Development, entitled, "Southwood Phase I, A Neighborhood Model District," dated February
20, 2018, last revised July 29, 2019.
2. Trails, Parks, Civic Spaces.
a. Greenway Connections to Potential Adiacent County Parkland. At any time from approval of this
rezoning application until the final certificate of occupancy is granted for Phase I, upon written
request by Albemarle County, the Owner shall dedicate to the County, at no cost to the County and
within six (6) months of the aforementioned written request, an easement, deed property within the 8.0
acre green space described in paragraph 2(b) to the County, and/or enter into an agreement with the
County to provide a public trail connection between the Trail described in paragraph 2(b) below and any
trail constructed by the County on abutting County property, TMP 09000-00-00-00500. The land under
easement, associated trail connection, associated signage, and any associated structures shall be
maintained in perpetuity by Albemarle County.
b. Trail Network. The Owner shall establish a trail on the Property ("the Trail"), consistent with the
County's design standards for a Class B type 1 primitive nature trail, within the 8.0 acre green space and
amenity area shown and described as Block 1 on pages 5 and 7 of the Code of Development. The general
location of the Trail is shown on the Application Plan on page 8 of the Code of Development; however
exact trail locations shall be determined by the Owner based on site conditions and the then -current uses
of the green space and amenity area and in coordination with the County. Installation of the Trail shall
commence concurrently with the site work for Blocks 3-8 and the entire Trail shall be substantially
completed prior to issuance of the one hundredth (100'b) Permit for a dwelling within Blocks 3-8. The
Trail shall be maintained by a property owners association established for Southwood. The public trail
connection between the Trail and a potential, adjacent County trail network mentioned in paragraph 1(a)
shall be maintained by the County as described in section 2a above.
c. Owner shall provide a pedestrian connection between the northern terminus of the trail within Block 2 to
the existing natural trail along the northern edge of the Southwood Trailer Park. The trail may be
provided as an enhanced sidewalk (minimum ten (10) foot wide) along the Phase 1 streets, a Class B type
2 pedestrian trail around the perimeter of Block 12, or, subject to agreement of VDOT and adjacent
property owner, as a Class B type 2 pedestrian trail within the ROW along Old Lynchburg Road, to the
public road reservation through TMP 76-51. The pedestrian improvements shall be constructed prior to
the issuance of the 300th Certificate of Occupancy in Phase 1.
SOUTHWOOD CHARLOTTESVILLE, LLC,
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By:
Dan Rosensweig, Manager