ZMA201900008 Proffers 2021-04-02PROFFER STATEMENT
ZMA 2019-00008
Original Proffers X
Amendment
Project Name: Rio Point (formerly, Parkway Place)
Tax Map and Parcel Number(s): 06100-00-00-167CO and 06100-00-00-16700
Owner(s) of Record: Rio Point, LLC, a Virginia limited liability company
Date: April 2, 2021
Approximately 27.31 acres to be rezoned from R-4 Residential to PRD — Planned
Residential Development
Rio Point, LLC is the sole owner (the "Owner") of Tax Map and Parcel Numbers 06100-00-00-
167C0 and 06100-00-00-16700 (the "Property"), which is the subject of rezoning application
ZMA 2019-00008, a project known as "Rio Point " (the "Project"). The Project Application
Plan, dated March , 2021, prepared by The Timmons Group, is entitled, "Rio Point Application
Plan," comprised of the PRD Plan (Sheets 1 and 2 of 3), and Grading Plan (Sheet 3 of 3).
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 proffered as a part of the
requested rezoning and the Owner acknowledges that the conditions are reasonable:
1. Road Improvements:
(a) Owner shall dedicate approximately 0.82 acres of land ("Dedicated Area") for the
future John Warner Parkway and Rio Road Roundabout, as shown on Sheet 1 of the
Application Plan. The Dedicated Area shall be dedicated at the request of Albemarle
County.
(b) Within five (5) years of the approval of ZMA 2019-00008 the County shall notify
the Owner in writing of the County's request to receive a cash contribution toward the
future John Warner Parkway and Rio Road Roundabout improvements. Within one -
hundred eighty (180) days of receipt of the County's request, the Owner shall
contribute to the County's Capital Improvement Program (CIP) fund Seven Hundred
and Fifty Thousand Dollars ($750,000.00) as a cash contribution toward such
improvements.
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(c) Owner shall construct certain road improvements along Rio Road, including turn
lanes, as shown on Sheet _ of the Application Plan (the "Proposed Road
Improvements"). The Proposed Road Improvements are conceptual and are subject to
change based on County and VDOT recommendations. The Owner shall substantially
complete the construction of the road improvements along Rio Road in accordance with
final road plans approved by County (the "Rio Road Improvements") prior to issuance
of the first certificate of occupancy for the Project. The Rio Road Improvements shall
be deemed "substantially complete" by one or more of the following methods,
whichever occurs first: (i) the Albemarle County Engineer or its designee determines
them to be complete; (ii) they are constructed and inspected and the VDOT
construction bond is released, or (iii) a VDOT official otherwise confirms that they are
substantially complete.
2. Trailhead Park.
(a) The Owner shall construct amenities in the trailhead park within the
"Open Space, +/- 1.1 Acres," as noted on sheet 1 of the Application Plan and as
approved by the County Parks and Recreation Department (the "Trailhead Park"). The
Owner shall substantially complete the Trailhead Park amenities prior to issuance of
the first certificate of occupancy.
(b) Upon written request by the County, the Owner shall dedicate to the
County by special warranty deed of fee simple title or grant of perpetual easement,
whichever is preferred by the County, for no consideration, the approximately 1.1-acre
Trailhead Park, as shown on the Application Plan. Upon dedication, maintenance of the
Trailhead Park will be the responsibility of the County (unless the County conveys its
interest in the Trailhead Park to the City of Charlottesville, in which case the City shall
maintain it). The Owner shall provide and maintain the public access easement to the
Trailhead Park as shown on the Application Plan.
3. Transit Ston.
(a) The Owner shall construct a Charlottesville Area Transit (CAT) stop (the
"Transit Stop") on the Property along the frontage of Rio Road East. The Transit Stop
shall be designed and constructed in coordination with, and shall be approved by, the
appropriate County authority and CAT and shall incorporate a shelter, a rest bench,
pedestrian access, and signage consistent with similar existing CAT transit stops. The
Transit Stop shall be installed and completed concurrently with the Rio Road
Improvements. If any portion of the Transit Stop is located on the Property, the Owner
shall dedicate it to public use or grant an easement as necessary to allow for the public
access and usage of the Transit Stop.
(b) Notwithstanding the provisions of subparagraph (a), following approval of
ZMA 2019-00008, should the City of Charlottesville prefer that a transit stop be
constructed in the location of the current bus stop on City -owned property (Tax Map
06100-00-00-16900) on the north side of Rio Road East, or (b) should the City elect to
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receive funds for constructing the Transit Stop in lieu of the Owner's construction of
the Transit Stop, the County shall notify the Owner in writing of the City's election to
receive a cash contribution in lieu of the Transit Stop, and the Owner shall contribute
Twenty Thousand Dollars ($20,000.00) to the City of Charlottesville's Capital
Improvement Program (CIP) as a cash contribution for construction of the Transit Stop
in either location.
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Signature Page for Proffer Statement for Rio Point, ZMA 2019-00008
TMPs 06100-00-00-167CO and 06100-00-00-16700
OWNER:
RIO POINT, LLC,
A Virginia limited liability company
By:
Manager
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