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Home My WebLink AboutZMA202100013 Proffers 2022-07-06Original Proffers X Amendment PROFFER STATEMENT Project Number: ZMA202100013 Project Name: Southwood Phase 2 Parcel Numbers: 090A1-00-00-01DO (86.80 acres), 090AO-00-00-00400 (4.00 acres), 090A0-00-00- 001C0 (0.46 acre) Owner of Record: Southwood Charlottesville, LLC Date: _ 2022 Approximately 93 acres to be rezoned from R2 Residential to NMD — Neighborhood Model Development Southwood Charlottesville, LLC, a Virginia limited liability company, is the sole owner (the "Owner") of Parcel Numbers 090A1-00-00-01D0, 090A0-00-00-00400, and 090AO-00-00-001CO (the "Property"), which is the subject of an application for the amendment of ZMA 2018-0003, a project known as "Southwood Phase L" This proffer statement does not amend, supersede, or replace the proffer statement for Southwood Phase 1 and applies only to the Property. Pursuant to Albemarle County Code § 18-33.7, the Owner hereby voluntarily proffers the conditions listed below, which will apply to the Property if it is rezoned to the zoning district identified above. These conditions are proffered as a part of the requested rezoning. The Owner specifically deems the following proffers reasonable and appropriate, as conclusively evidenced by the signature below. Reference to the "Plan" means the Southwood Phase II Redevelopment Application & Green Space Plan, dated October 18, 2021, as last amended June 27, 2022, prepared by Timmons Group, approved by the County as part of the rezoning. 1. Public Trail and Trail Connections: (a) As part of the subdivision plat approval for each section of the Property for which a site plan is approved, the Owner will grant an easement for public use of that portion of the Southwood pedestrian perimeter trail included in the section (the "Trail'). The responsibility for maintaining the Trail shall remain with the Owner or its successor in title, the Southwood Community Association, and shall not be the responsibility of the County. In addition, the Owner will grant an easement for public use of the Southwood pedestrian perimeter trail located in Phase 1; deeds of easement for public use will be recorded in conjunction with subdivision plat approvals or as segments are completed. (b) Along with the deeds of easement for public use, the Owner will grant one or more easements over the Property to provide public pedestrian rights of way between public sidewalks and the Trail. The conceptual location of such pedestrian connections between public sidewalks and the Trail are shown on Figure 8 in the Code of Development. (c) Upon written request by Albemarle County, the Owner shall dedicate to the County, at no cost to the County and within three (3) months of the aforementioned request, public easements over trail connections between the Trail and any trail constructed by the County on abutting County property, TMP 09000-00-00-00500, TMP 090A1-00-00-00100, and 090A0- 00-00-00300, the location of such trail connections to be determined by the Owner and the County. Following conveyance of such easement(s), the land under the easement(s), associated trail connection(s), associated signage, and any associated structures shall be maintained in perpetuity by Albemarle County. 2. Transit Stops. Following commencement of construction of the Project, upon request by the County of Albemarle, the Owner will construct two public transit stops (the "Transit Stops") on the Property in locations to be determined within the Hickory Frontage Overlay or Neighborhood Center Special Area shown on the Plan. The location and design of the Transit Stops will be planned in coordination with, and are subject to the approval of, the appropriate County and transit authorities. The Transit Stops will incorporate pedestrian access, signage, shelters, benches, and trash receptacles consistent with similar existing transit stops. The Owner must either (a) dedicate any portions of the Transit Stops located on the Property to public use or (b) grant any easements necessary to allow public access and usage of the Transit Stops. 3. Hickory Street Engineering. No later than ten (10) days following the approval of the requested rezoning, the Owner will provide to the County engineered design drawings of 30% completion for the construction to VDOT secondary public road standards of Hickory Street from the southern boundary of the Property to the intersection with Oak Hill Drive (the "Road Plans") for County review. Prior to the first site plan approval in Phase 2, the Owner will provide the Road Plans in CAD form for use by the County or such other party(ies) who may construct the road segment. 4. School Site. (a) Through July 1, 2027, the Owner will reserve from sale and development an area comprising up to seven (7) acres on Block 34 and/or Block 20 (the "School Site"), for purchase by Albemarle County Schools (ACPS) under the following conditions. (b) If ACPS elects to purchase the School Site by delivering a written notice to the Owner of its intent to purchase by July 1, 2027, the Owner will sell the School Site to ACPS for the then market value of the land discounted by twenty percent (20%) based on an appraisal of the market rate value of the land for residential development from a mutually -agreed upon appraiser. (c) ACPS shall be responsible for all related engineering and architectural design. The Owner will develop the School Site to ACPS' specifications at cost (with no management or administrative fees). The Owner will deliver a graded and compacted pad site with water, sewer, and electricity utility connections constructed to the edge of the parcel and storm water drainage management constructed on- or off -site. The Owner will deliver the School Site within 24 months following ACPS's delivery of final approved engineered and architectural design plans to the Owner. (d) The Owner will work in good faith to modify the scope and schedule described in this paragraph 4 if ACPS finds it necessary. 5. Low Income Housing Tax Credit (LMTC) Site. Until July 1, 2025, the Owner will diligently pursue an agreement with a third party LIHTC developer ("LIHTC Developer") for Owner to sell a parcel or parcels within the Property, the exact location and acreage to be determined, for the development of at least 50 LIHTC units by LIHTC Developer. If the Owner is unable to enter into a contract with LIHTC Developer and/or LIHTC Developer does not apply for credits and/or is not awarded Low Income Housing Tax Credits for 50 or more affordable dwelling units during the 2025 LIHTC grant cycle, then this proffer will expire and be of no further force or effect. "Diligently pursue" in this proffer means that the Owner shall, at a minimum, reserve sufficient land within the Property to allow 50 or more affordable dwelling units to be constructed and will discuss the sale of such land for the development of such units with one or more LIHTC developer at a price that will allow the development of 50 or more LIHTC units. 6. Stream Restoration Easement(s). At the request of Albemarle County Facilities & Environmental Services (FES), the Owner will grant to the County a permanent drainage and access easement 50' on either side of the Biscuit Run tributary on Block 13 for the FES stream restoration project and subsequent maintenance of Biscuit Run. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] Signature Page for Proffer Statement for Southwood Phase 2, ZMA 2021-0013 Tax Map Parcel Numbers: 090A1-00-00-01DO, 090AO-00-00-00400, 090AO-00-00-OO1C0 SOUTHWOOD CHARLOTTESVILLE, LLC, a Virginia limited liability company Dan Rosensweig, Manager #47296593v5