HomeMy WebLinkAboutZMA201800013 Proffers 2019-06-26 Original Proffers X
Amendment
PROFFER•STATEMENT
ZMA Number: 2018-00013,
Parcel ID Numbers: 04500-00-00-10000, 04500-00-00-100A0, 04500-00-00-10100,
and 04500-00-00-1.01B0
Owner: Auto LLC
Date of Proffer Signature: June 26, 2019
Rezone 3.32 acres from C-1 to NMD
Auto LLC is the owner (the "Owner") of Parcel ID Numbers 04500-00-00-10000,04500-00-00-
100A0, 04500-00=00-10100, and 04500-00-00-101B0 (the "Property"), which are the subject of
rezoning application ZMA No. 2018-00013, a project known as "Rio Road W" (the"Project").
Pursuant to Section 33 of the Albemarle County Zoning Ordinance(Chapter 18 of the Albemarle
County Code), the Owner hereby voluntarily proffers the conditions listed below, which shall be
applied to the Property if ZMA 2018-00013 is approved. These conditions are proffered as a part
of the requested rezoning. The Owner acknowledges that these conditions are reasonable. Each
signatory below signing on behalf of the Owner covenants and warrants that he or she is an
authorized signatory of the Owner for this Proffer Statement.
1.) INTERCONNECTED STREETS AND TRANSPORTATION NETWORKS:
Upon demand by the County, the Owner shall record an access easement to the
adjacent parcels granting inter-parcel connectivity and shared access to Rio Road
West. The location of the access easement shall be located in general accord with
the"possible future local type `C Street' shown on Sheet 4 of the Application
Plan prepared by Shimp Engineering, dated October 18, 2018 and last revised
June 3, 2019. The deed of easement will address easement location, width, and
maintenance.
2.) BLOCK 1 LANDSCAPE IMPROVEMENTS
If construction of any building in Block 1 (including installation of utilities,
'building footers, or other site improvements necessary for building completion)
has not commenced within one year of the issuance of Certificate of Occupancy
for any building in Block 2, the Owner shall install landscape improvements in
Block 1 adjacent to the Rio Road West right-of-way in accordance with all
applicable provisions of Albemarle County Code § 18-32.7.9 and the County's
Entrance Comdor Design Guidelines . If construction of any building in Block 1
has commenced within one year of issuance of Certificate of Occupancy of any
building in Block 2, the property owner shall provide landscape improvements in
accordance with all applicable provisions of Albemarle County Code § 18-32.7.9
and the County's Entrance Corridor Design Guidelines within one year of the
issuance of Certificate of Occupancy of any building in Block 1.
3.) MULTI-USE PATH AND LINEAR PARK
A multi-use path shall be constructed in Block 3 to comply with Class A-type 2
low maintenance, multi-use path standards outlined in the Albemarle County
Design Standards Manual, with a revision date of April 27, 2015, or to any
standard approved by the Director of Planning. The path shall be constructed prior
to the issuance of Certificate of Occupancy of the 2nd building on-site or upon
demand of the County to allow installation concurrent with adjoining sections of
the path, whichever occurs first. The path shall align with adjacent sections of
path that are planned or already constructed.
Upon demand by the County, the multi-use path constructed in Block 3 shall be
donated to the County for public access and maintenance. This dedication shall
occur prior to the development of any portions of the trail located directly
adjacent to the Property. Concurrent with the dedication of the multi-use path to
the County, the Owner shall dedicate the portion of the Property inclusive of the
stream and north of the stream, approximately 0.4 acres, to the County to be
incorporated into a linear park network, as proposed in the Rio29 Small Area Plan
dated December 12, 2018.
4.) STORMWATER MANAGEMENT
All design and engineering for improving the Property shall comply with
applicable County and State regulations. Stormwater management design will be
consistent with similar urban development projects and will utilize on-site
underground detention and/or infiltration below the parking area in Blocks 1 and
2. A minimum of 25% of treatment shall be provided on site.
5.) RIGHT OF WAY
a. IMPROVEMENTS
The property owner shall dedicate eleven (11) feet of the property, along
Rio Road West, as shown on Sheet 7 of the application plan, to public
right-of-way. Landscape improvements as approved by VDOT or the
Director of Planning shall be provided in the right-of-way concurrently
with Block 1 Landscape Improvements.
b. DEDICATION
Dedication of this right-of-way shall occur upon demand of the County.
r
The undersigned Owner hereby proffers that the use and development of the Property shall be in
conformance with the proffers and conditions herein above. This document shall supersede all
other agreements, proffers or conditions that may be found to be in conflict. The Owner
expressly acknowledges that all proffers shall be binding on the Property and its future owners.
WITNESS the following signature:
Auto LLC
B y:rt ),
Qenr s (Y1 S (leVernbeAe.
COMMONWEALTH OF VIRGINIA
CI COUNTY OF , to wit:
The foregoing instrument was acknowledged before me this X.day of -I e
2019 by Auto LLC, bt 10e.rirt s NI in-os, MerYlbta., on .k s la,,e va.¢
My Commission expires: s/SI/Zo2..c
Nota Public
• NOTARY'•.9O
• PUBLIC ••
REG.#7T76374
9 MY COMMISSION
p EXPIRES !Q
y�y 03/31/2022 :. .
..Otis'•••-......••�J\a`
FA1TH OF ,,,,
P 3vsf.s?6fit�'1