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HomeMy WebLinkAboutZMA201900003 Proffers 2019-04-03Original Proffers X Amendment DRAFT PROFFER STATEMENT ZMA Number: 2019- Tax Map and Parcel Number: 07600-00-00-05400, 07600-00-00-046A0, 07600-00-00-046FO (portion) Owner: 5th Street Forest LLC Date of Proffer Signature: DRAFT 14.34 Acres from R-2, R-10, and CO to PUD 5th Street Forest LLC, is the owner (the "Owner") of Tax Map and Parcels 07600-00-00-05400 and 07600-00-00-046AO and is the contract purchaser of a portion of 07600-00-00-046FO (collectively, the "Property") which is the subject of rezoning application ZMA No. 2019-, a project known as "Royal Fern" (the "Project"). Pursuant to Section 33 of the Albemarle County Zoning Ordinance (Chapter 18 of the Albemarle County Code), the Owner hereby voluntarily proffers the conditions listed below which shall be applied to the Property if it is rezoned to the requested zoning district, Planned Unit Development (PUD). These conditions are proffered as a part of the requested rezoning and the Owner acknowledges that the conditions are reasonable. Each signatory below signing on behalf of the Owner covenants and warrants that it is an authorized signatory of the Owner for this Proffer Statement. 1. FUTURE USES: Highway Commercial Uses: The use of the property within the "Shopping Center" designated area on the PUD Application Plan prepared by Shimp Engineering dated March 18, 2019 shall allow for all by right uses pursuant to Section 24.2.1 of the Albemarle County Zoning Ordinance, as in effect on March 18, 2019, except for the uses expressly provided for herein: • 24.2.1 (L) Automobile laundries • 24.2.1 (2.) Automobile, truck repair shops • 24.2.1 (22.) Machinery and equipment sales, service, and rental • 24.2.1 (23.) Manufactured home and trailer sales and service • 24.2.1 (25.) Motor vehicle sales, service and rental • 24.2.1 (34.) Wholesale Distribution 9 24.2.1 (32.) Sale of major recreational equipment and vehicles • 24.2.1 (46.) Storage Yards • 24.2.1 (50.) Drive -through windows OWNER: 5th Street Forest LLC (to be signed upon final submission of proffer statement) By: Kyle Redinger Title: Manager Tax Map and Parcel Number: 07600-00-00-05400, 07600-00-00-046A0, 07600-00-00- 046F0 (portion) The undersigned Owner hereby proffers that the use and development of the Property shall be in conformance with the proffers and conditions herein above. This document shall supersede all other agreements, proffers or conditions that may be found to be in conflict. The Owner agrees that all proffers shall be binding to the property, which means the proffers shall be transferred to all future property successors of the land. WITNESS the following signature: 5th Street Forest COMMONWEALTH OF VIRGINIA CITY/COUNTY OF . to wit: The foregoing instrument was acknowledged before me this day of by Kyle Redinger, manager of 5th Street Forest. My Commission expires: Notary Public 2018