PROFFER STATEMENT

RIVANNA VILLAGE

Amendment #:  [  ]

 

Date:                           6/13/07

ZMA #:                       2001-08

Tax Map Parcel #:     79-25A, 80-46, 80-46A, 80-46C, 80-46D, 80-46E, 80-50, 80-51, 80-55A, 93-A1-1 (two portions thereof), 93-A1-2, 93-A1-3, and 93-A1-4

Existing Zoning:         PRD, Planned Residential Development and RA, Rural Areas

Proposed Zoning:        NMD, Neighborhood Model District in accordance with the Code of Development (titled Rivanna Village at Glenmore, prepared by The Cox Company, dated February 5, 2007) and the General Plan of Development (Exhibits D- O of the Code of Development).

Total Land Area:       94.47 acres

 

Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed herein below which shall be applied to Rivanna Village (herein after the “Property”) if the Zoning Map Amendment (hereinafter “ZMA”) is approved by the County of Albemarle (the “County”). These conditions are proffered as a part of the requested ZMA and it is agreed that: (1) the ZMA itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning requested.

 

The term “Owner” as referenced herein shall mean the owner of record and successors in interest of parcels 79-25A, 80-46, 80-46A, 80-46C, 80-46D, 80-46E, 80-50, 80-51, 80-55A, 93-A1-1 (two portions thereof), 93-A1-3, and 93-A1-4.  Parcel 93-A1-2 is not subject to the terms, conditions and obligations imposed by these proffers.   

 

The headings of the proffers and conditions set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provisions of the proffers.

 

1.         Community Development Authority Participation:  In order to mitigate impacts from this development, the Owner shall, upon request by the County (such request to be made by the County within 90 days of ZMA approval), petition for and consent to any lot or unit (as the case may be) designated in the General Plan of Development for non-residential uses to participate in a Community Development Authority (“CDA”) established pursuant to Section 15.2-5152, et seq. of the Code of Virginia (“Code”).

The CDA, if created, will be created for the purpose of implementing transportation improvements located along Route 250 East between the Property and the Interstate 64 interchange to the west.  In the event that a lot or building, as designated in the final and approved General Plan of Development, contains both residential and non-residential units, only the non-residential units shall participate in the CDA.

 
2.         Cash Proffer for Capital Improvements:  In order to mitigate impacts from this development, the Owner shall contribute cash for each market rate residential unit constructed within the Property to Albemarle County for the stated purpose of either funding traffic improvement projects within or immediately adjacent to the Village of Rivanna as identified in the County’s Capital Improvements Program or school projects at Stone-Robinson Elementary School, Burley Middle School, and Monticello High School as identified in the County School’s Capital Improvements Program. 

The cash contributions shall be at the following rates:  $3,500 for each single family detached unit, $3,000 for each townhouse unit and $2,500 for each multifamily unit.  Single family detached units paying cash in lieu of an affordable unit as provided in Proffer 9, Carriage Houses and other affordable dwellings as defined in the Code of Development shall be exempted from this proffer.  The cash contribution shall be paid at the time of the issuance of the building permit for such residential dwelling unit. 

If the cash contribution has not been exhausted by the County for the stated purposes within ten (10) years from the date of the issuance of the last residential building permit within Rivanna Village, all unexpended funds shall be applied to fund for any public project or program serving the Village of Rivanna.

 

Annual Adjustment of Cash Proffers.

 

Beginning January 1, 2009, the amount of each cash contribution required herein shall be adjusted annually until paid, to reflect any increase or decrease for the preceding calendar year in the Marshall and Swift Building Cost Index (“MSI”).  In no event shall any cash contribution amount be adjusted to a sum less than the amount initially established by these proffers.  The annual adjustment shall be made by multiplying the proffered cash contribution amount for the preceding year by a fraction, the numerator of which shall be the MSI as of December 1 in the year preceding the calendar year most recently ended, and the denominator of which shall be the MSI as of December 1 in the preceding calendar year.  For each cash contribution that is being paid in increments, the unpaid incremental payments shall be correspondingly adjusted each year.  

 

3.         Route 250 and Eastern Entrance Improvements:  In order to mitigate traffic impacts, the Owner shall either construct left and right turn lanes on Route 250 at the eastern entrance to the Property or bond these improvements prior to approval of the first site plan or subdivision plat for the development.

 

The Owner shall install the traffic signalization required by the Virginia Department of Transportation (“VDOT”) at the intersection of Route 250 for the eastern entrance to the Property at such point in time that VDOT traffic signalization warrants are met and VDOT requests the installation of such signal, provided that such request from VDOT is made prior to the completion of Rivanna Village, which for the purposes of this paragraph shall be deemed to be the later of (i) the date of approval and recordation of the subdivision plat creating individual residential lots in the final block permitting residential lots or (ii) the date of final site plan approval for the final undeveloped block within the Property.

 

4.         Route 250 and Glenmore Way Improvements:  In order to mitigate traffic impacts, the Owner shall install any traffic signalization required by VDOT at the existing intersection of Route 250 and Glenmore Way at such point in time that VDOT traffic signalization warrants are met and VDOT requests the installation of such signal provided that such request from VDOT is made prior to the completion of Rivanna Village, which for the purposes of this paragraph shall be deemed to be the later of (i) the date of approval and recordation of the subdivision plat creating individual residential lots in the final blocks permitting residential lots or (ii) the date of final site plan approval for the final undeveloped block within the Property.

 

5.         Construction of Steamer Drive Improvements:  The Owner’s obligation to construct the improvements on TMP 93‑A1‑2 (Block F), including the sidewalk and pedestrian pathway, shall be deemed satisfied when construction is complete or if the owners of TMP 93-A1-2 do not grant the required easements or other interests in the land so as to permit the construction and maintenance of such improvements prior to County approval of the final site plan or subdivision plat for the lands immediately adjacent to these improvements.  Failure of the owners of TMP 93-A1-2 to grant the required easements shall not relieve the Owner of the obligation to provide stormwater management for Blocks C & G and, if the required easements are not provided, alternative stormwater management (to be consistent with the stormwater requirements for the overall project) will be provided which does not compromise the design of Blocks C & G.

 

6.         Construction and Dedication of Parks and Recreation Improvements:  In order to mitigate impacts on existing public facilities, the Owner, at its expense, shall, at the request of the County, engineer, construct, and dedicate in fee simple to the County a park comprised of the land and improvements in Block I.  Requirements for Block I and the improvements to be constructed in Block I are set forth in the Code of Development.

Provisions for the park shall be included with the first phase of the development.  For the purposes of this proffer, “provisions” shall mean that the Block I parcel shall be platted with the initial plat for Rivanna Village.  The park improvements described in the Code of Development shall be built or bonded prior to the issuance of the Certificate of Occupancy for the 174th residential unit within the Property.

 

The Owner shall dedicate the park to the County upon completion of the improvements or earlier upon request of the County.  If dedicated prior to completion of the required improvements, the responsibility for implementation of this proffer shall run with the residue of the Property.  The Owner and the County acknowledge that the County may assume responsibility for maintenance for completed portions of the park prior to dedication.  The Owner and the County further acknowledge that the Owner proffers the park subject to the County passing a resolution concurrent with ZMA approval, whereby proffer number 2 of ZMA-79-016 is deemed satisfied.

 

7.         Route 250 Landscape Buffer and Right of Way Dedication: In order to establish a landscaped buffer along the Route 250 entrance corridor and accommodate potential future improvements to Route 250, the Owner shall establish a minimum ninety (90) foot reservation zone and landscape strip along Route 250 as shown on the General Plan of Development, the use and maintenance of which is described in the Code of Development.  The first seventy (70) feet of the reservation zone and landscape strip immediately adjacent to Route 250 shall be reserved for public use and dedicated upon the request of the County.   

 

After dedication and until the subject regional transportation improvements are funded for construction, the Owner shall, at the request of the County, maintain the reservation zone and landscape strip until requested by the County to no longer do so; provided, however, during the period of Owner maintenance, the Owner shall enjoy the right of exclusive use of the reservation zone and landscape strip for purposes of landscaped open space, signage, utilities and/or other purposes described in the Code of Development.  Upon being requested by the County to forego maintenance of the reservation zone and landscape strip, the Owner shall cease all use of the reservation zone and landscape strip and remove, to the extent requested by the County,  all improvements constructed or installed by the Owner within the reservation zone and landscape strip.

 

8.         Landscape Strip Along Glenmore Way: In order to mitigate impacts to Glenmore Way, the Owner shall provide a minimum fifty (50) foot landscape strip along Glenmore Way as shown on the General Plan of Development and regulated by the Code of Development.

 

9.         Affordable Housing:  In order to mitigate community impacts from the rising cost of housing, the Owner shall provide a minimum of 15% of the residential units as affordable.  The affordable housing may be provided by constructing “for-sale” residential units, “for-rent” residential units and carriage houses, or payment of $16,500 in lieu of a required unit.  The terms and conditions regulating the timing and distribution of the affordable units within Rivanna Village are set forth in the Code of Development.

 

The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above, and these proffers shall supersede all other proffers and conditions made prior hereto.

___________________________      ___________________________      ______________

Signature of Owner                                           Printed Name                                       Date    

or

___________________________      ___________________________      ______________

Signature of Attorney in Fact                             Printed Name                                       Date

 

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