ZMA201900008 Proffers 2021-06-07 (2)Original Proffers X
Amendment
PROFFER STATEMENT
ZMA 2019-00008
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: June 7APn4-2—,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 Rezoning Application
Plan for Rio Point Development, prepared by The Timmons Group, comprised of a cover sheet (Sheet 0).
the Site Layout Plan (Sheet 1). Notes (Sheet 2 L Grading Plan (Sheet 3). and Frontage Improvements
(Sheet 4), dated April 2, 2021, last revised Jane 4, 2021
2021 p .^a by The T:_._.^^^ GFeu^ titled 'Rio Point n^.a:^^tien Plan," ^^_ iins.a ^o
the non Plan (Sheets 1 and 2 of 3) and e_^a:^^ Plan (Sheet 3 of aimeis referred to herein as
the "Application Plan".}
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) Upon written request by Albemarle County. Owner shall dedicate approximately
0.82 acres of land ("Dedicated Area") for the future John Warner Parkway and Rio
Road Roundabout, road frontage improvements, and shared use pathways, as shown on
Shy' -`the Application Plan. The Dedicated Area shall be dedicated within ninety
(90) days of at the request byef Albemarle County. The Owner shall bear the costs of
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(b) Upon written request of Albemarle County, but no [sooner] [later?] thanwAhiriJive
(5) years of the approval of ZMA 2019-00008, the Comity Owner shall
make a it rthe Coufft 's request to Feeei e - cash contribution toward the
future John Warner Parkway and Rio Road Roundabout improvements. Within ene-
hmrdr€d-eigl4nine (1990) 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.
(c) Owner shall design and construct certain road improvements along Rio Road,
including turn lanes, as shown on Sheet 4 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 tmilhead 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, (to consist of a
to
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. The Owner must make the
necessary subdivision application for dedication within ninety (90) days of receipt of
the County's request and shall complete the dedication within thirty (30 1 days of
receipt of final subdivision approval.
Formatted: Indent: Leh: 0.63", No bullets or
numbering
(b)
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3. Transit Stop.
(a) IlrOAWsIdWBl ua�c-Las¢ smp(te`T�Silijaltl>e
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 anAAA T and shall incorporate a shelter, a rest bench, pedestrian access, and sigine all
in accordance with minimum standards consistent with similar existing public CAT transit
stops located within the County. 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
ZMA2019-00008,shouldthe C urt C"Wharle#e%Nepleferthat atrasitstopbeconstructed mthe
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 Coun City -elect to 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)tothe Co 's ilalImprovement Program (CIP)asacash
contribution for construction of the Transit Stop in either location. The Owner shall
make the cash contribution within sixty (60) days from written request of the County.
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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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