HomeMy WebLinkAboutZMA201800013 Proffers 2019-07-31Original Proffers X
Amendment
PROFFER STATEMENT
ZMA Number: 2018-00013
Tax Map and Parcel Number: 04500-00-00-10000, 04500-00-00-100AO, 04500-00-00-10100,
04500-00-00-101 BO
Owner: Auto LLC
Date of Proffer Signature: -SW n 311 7- 011
Rezone 3.32 acres from C-1 to NMD
Auto LLC, is the owner (the "Owner") of Tax Map and Parcel Numbers 04500-00-00-10000,
04500-00-00-10OA0, 04500-00-00-10100, 04500-00-00-101BO (the "Property") which is 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 and the Owner acknowledges that the conditions are reasonable. Each
signatory below signing on behalf of the Owner covenants and warrants that they are an
authorized signatory of the Owner for this Proffer Statement.
1.) INTERCONNECTED STREETS AND TRANSPORTATION NETWORKS:
Upon demand by the County, the property owner shall draft and record an access
easement for the purposes of interparcel connectivity and shared access to Rio
Road W for adjacent parcels. The location of the access easement shall be
provided in general accord with Sheet 4 of the Application Plan, prepared by
Shimp Engineering dated October 18, 2018 and last revised June 24, 2019; this
plan depicts the general location as "possible future local type `C Street."' At the
time of easement recordation, the property owner and the County shall agree to
the terms of the easement to include location, width, and maintenance.
2.) BLOCK 1 LANDSCAPE IMPROVEMENTS
The property owner shall install landscape improvements in Block 1 adjacent to
the Rio Road W Right -of -Way in accordance with all applicable provisions of
Sec. 32.7.9 of the Code of Albemarle and Entrance Corridor Design Guidelines
within one year of the issuance of Certificate of Occupancy for any building in
Block 2 and the owner shall construct an 8' sidewalk consistent with the
Technical Conceptual Section shown on Sheet 7 of the Application Plan, prepared
by Shimp Engineering dated October 18, 2018 and last revised June 24, 2019,
provided that commencement of construction of any building in Block 1 has not
occurred, where construction shall be considered installation of utilities, building
footers, or other site improvements necessary for building completion. If
commencement of construction of any building in Block 1 has occurred 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 Sec. 32.7.9 of the Code of Albemarle and 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 as 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 2"d building on -site or upon
demand of the County to allow installation concurrent with adjoining sections of
the path, whichever occurs first, and shall be constructed to align with adjacent
sections of path that are planned or already constructed. Concurrent with the
construction of the multi -use path, the property owner shall remove the HDPE
pipes and stabilize the stream channel and bank on the property for the purpose of
stream daylighting. Pipe removal and stream channel and bank stabilization shall
be completed to the reasonable satisfaction of the County Engineer.
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 property 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 will 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 W, as shown on Sheet 7 of the application plan, to public right
of way. Landscape improvements shall be provided in the Right -of -Way
as approved by VDOT or the Director of Planning and installation shall
occur concurrently with Block 1 Landscape Improvements.
b. DEDICATION
If commencement of construction of any building in Block 1 has occurred
within one year of issuance of Certificate of Occupancy of any building in
Block 2, dedication of right of way shall occur prior of issuance of
Certificate of Occupancy for any building in Block 1. If commencement of
construction of any building in Block 1 has not occurred within one year
of issuance of Certificate of Occupancy for any building in Block 2 then
dedication of right of way shall occur upon completion of improvements
provided for in Proffer 2.
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 agrees
that all proffers shall be binding to the property, which means the proffers shall be transferred to
all future property successors of the land.
WITNESS the following signature:
Auto LC
By: < ,So�� {YjembUe
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COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF —Al tea, I L , to wit:
The foregoing instrument was acknowledged before me this ( day of 7JIA ( 2019
by Auto LLC.
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