ZMA201900008 Action Letter 2021-12-22,S.{.OF AL8
County of Albemarle
Community Development Department - Planning
December 21, 2021
Steven Blaine
Woods Rogers
123 E. Main Street, 5" Floor
Charlottesville, VA 22902
sblaine@woodsro8ers.com
RE: ZMA201900008 Rio Point (formerly known as Parkway Place) Action Letter
Dear Mr. Blaine,
Cameron Langille
blangille@albemarle.ora
Telephone: (434) 296-5832 ext. 3432
On December 15, 2021, the Board of Supervisors took action on the above noted Zoning Map Amendment on Tax Map
Parcel Numbers 06100000016700 and 061000000167CO in the Rio District.
The Zoning Map Amendment was approved by the Board's adoption of the attached Ordinance No. 21-A(11) and Proffer
Statement dated August 3, 2021.
Please be advised that although the Albemarle County Board of Supervisors took action on the project noted
above, no uses on the property may lawfully begin until all applicable approvals have been received and
conditions have been met. This includes:
• compliance with the approved ZONING MAP AMENDMENT
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Should you have questions regarding the above -noted action, please contact me.
Sincerely,
Cameron Langille
Principal Planner
Cc. Rio Point LLC, c/o Mr. Chris Henry
123 E. Main Street, 51h Floor
Charlottesville, VA 22902
WWW.ALBEMARLE.ORG
401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579
ORDINANCE NO.21-A(11)
ZMA 2019-00008
AN ORDINANCE TO AMEND THE ZONING MAP
FOR TAX PARCELS 06100-00-00-16700 AND 06100-00-00-167CO
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the transmittal summary and staff report prepared for ZMA 2019-00008 and their attachments,
including the application plan last revised on June 4, 2021 and the proffers dated August 3, 2021, the information
presented at the public hearing, any comments received, the material and relevant factors in Virginia Code §
15.2-2284 and County Code §§ 18-19.1, 18-33.4, and 18-33.6, and for the purposes of public necessity,
convenience, general welfare and good zoning practices, the Board hereby approves ZMA 2019-00008 with the
application plan last revised on June 4, 2021 and the proffers dated August 3, 2021.
**x
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of five to one, as recorded
below, at a regular meeting held on December 15, 2021.
Clerk, Board of County pervisors
Ave Nay
Mr. Gallaway
N
Ms. LaPisto-Kirtley
Y
Ms. Mallek
Y
Ms. McKee)
Y
Ms. Palmer
Y
Ms. Price
Y
Original Proffers X
Amendment
PROFFER STATEMENT
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: August 3, 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 ), Grading Plan (Sheet 3), and Frontage Improvements
(Sheet 4), dated April 2, 2021, last revised June 4, 2021 is 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. The Owner and applicant specifically deem the
following proffers reasonable and appropriate, as conclusively evidenced by the signature below.
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
the Application Plan. The Dedicated Area shall be dedicated within ninety (90) days of
the request by Albemarle County. The Owner shall bear the costs of preparing the
subdivision plat necessary for the dedication of the Dedicated Area to Albemarle
County. The Owner shall provide a general warranty of title in the deed conveying the
Dedicated Area.
(b) Upon written request of Albemarle County, but no later than five (5) years
following the approval of ZMA 2019-00008, the Owner shall make a cash
contribution toward the future John Warner Parkway and Rio Road Roundabout
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improvements. Within ninety (90) 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 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, (to consist of a
minimum of 12 parking spaces, benches, trail connections, landscaping, public art and
a gazebo or other small structure), 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. 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 ) days of
receipt of final subdivision approval.
3. Transit Ston.
(a) The Owner shall construct a public transit 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
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(2864483-1, 121567-00004-03)
authority and shall incorporate a shelter, a rest bench, pedestrian access, and signage all
in accordance with minimum standards consistent with similar existing public 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
ZMA 2019-00008, should the County 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 County 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 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 County's Capital Improvement Program (CIP) as a cash
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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.]
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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
(2864483-1, 121567-00004-03)