HomeMy WebLinkAboutSP200400036 Legacy Document 2006-01-12Original Proffer _X
Amended Proffer
(Amendment # )
PROFFER FORM
Date:
ZMA # 2004-011
Tax Map and Parcel Number(s) TMP 78-413 and TMP 78-4A1
2.142 Acres to be rezoned from C-1 to HC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its
duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning request.
1. The development on TMP 78-413 and TMP 78-4A1 shall be in general accord with
the plan produced by Terra Partners, LLC, dated October 19, 2004, last revised
October 10, 2005, entitled "Williams Property", herein referred to as the plan.
2. Permitted by right uses of the property shall be only those two use classifications
identified in the following sections of the Albemarle County Zoning Ordinance in
effect on July 13, 2005, a copy of which is attached hereto:
Sec. 18-24.2.1(22) Machinery and equipment sales, service and rental.
2. Sec. 18-24.2.1(41) Uses permitted by right pursuant to subsection
22.2.1 of section 22. 1, commercial, C-1.
This proffer shall not be construed so as to prohibit any use permitted by special use
permit authorized by Albemarle County Zoning Ordinance § 24.2.2.
3. No building permit shall be issued unless and until the Director of Planning, or his
assigns, determines that those building facades that are not governed by a certificate
of appropriateness issued by the Albemarle County Architectural Review Board are
in general accord with the building elevations prepared by C.W. Hurt Contractors,
dated December 28, 2004, entitled "C'ville Power Equipment," (the "building
elevations") attached hereto. The facades shall be determined to be in general accord
if the form, massing, character and detailing conform in all material respects to the
building elevations.
4. In the area shown as landscaped with a double row of wax myrtles on the Landscape
Plan, prepared by Terra Partners and dated October 12, 2005, the owner shall install
and maintain landscaping pursuant to Section 32.7.9.8. The landscaping shall be of a
quantity, size and variety of species that screen s the development and parking on
TMP 78-413 from Free Bridge Lane and the RA District on the opposite side of Free
Bridge Lane, as determined by the Director of Planning in consultation with the
Albemarle County Design Planner. This landscaping shall be shown on the site plan
for the development on TMP 784B and be installed in conjunction with the
improvements for TMP 784B.
Signatures of All Owners Printed Names of All Owners Date
Signatures of All Owners Printed Names of All Owners Date
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