The URL can be used to link to this page

Home My WebLink AboutZMA200700002 Staff Report 2009-11-12COUNTY OF ALBEMARLE PLANNING STAFF REPORT SUMMARY Project Name: ZMA 07-02 Timberwood Commons Phase III (also known as Hollymead Town Center TI KI) Planning Commission Public Hearing: November 17, 2009 Owners: Tiki, LLC (32-41 D1) and Post Office Land Trust (32-41 R portion) Acreage: 1.014 acres TMP: Tax Map 32, Parcel 41 D1 and Tax Map 32, Parcel 41 R portion (See Attachments A and B) Magisterial District: Rio Proposal: Create homogenous zoning on a parcel for commercial development. DA (Development Area): Community of Hollymead Character of Property: Undeveloped and under construction, the property is located 450 feet West of the intersection of U.S. Route 29 and Timberwood Boulevard within the Hollymead Town Center, and directly behind the existing CVS Pharmacy. Construction had begun on the site and has since stopped with the pending rezoning request. Factors Favorable: 1. The proposal eliminates split zoning on the site. 2. The proposal makes administration of regulations, such as uses and parking on the site, easier to follow. Staff: Claudette Grant Board of Supervisors Public Hearing: December 9, 2009 Applicant: Tiki, LLC (Mr. & Mrs. Valente) (32- 41 D1) and Post Office Land Trust (Dr. Hurt and Shirley Fisher) (32-41R portion) with Jo Higgins as the contact. Rezone from: (0.711 acres) PDMC, Planned Development — Mixed Commercial (Hollymead Town Center) and (0.310 acres) HC, Highway Commercial to PDSC, Planned Development Shopping Center _ By -right use: PDMC allows uses In the C-1, CO and HC districts. Proffers: Yes Requested # of Dwelling Units: 0 Comp. Plan Designation: Town Center Use of Surrounding Properties: The CVS pharmacy is located to the east of this property. A self storage facility is located adjacent and to the north of the site. A vacant parcel is located to the west and south of this property. There are also several shopping centers and residential developments located in the general vicinity of this property. Factors Unfavorable: None RECOMMENDATION: Staff recommends approval of ZMA 2007-002, Timberwood Commons, Phase III (also known as) Hollymead Town Center TIKI inclusive of proffers. Staff also recommends approval of the waiver request to reduce the setback requirement. Timberwood Commons Phase III PC Public Hearing 10/17/09 STAFF PERSON: Claudette Grant PLANNING COMMISSION: November 17, 2009 BOARD OF SUPERVISORS: December 9, 2009 ZMA 2007- 002 Timberwood Commons Phase III PETITION PROJECT: Timberwood Commons Phase III (also known as) Hollymead Town Center TIKI PROPOSAL: Rezone 1.021 acres from PD -MC Planned Development Mixed Commercial - large-scale commercial uses; and residential by special use permit (15 units/ acre) and HC Highway Commercial - commercial and service uses; and residential use by special use permit (15 units/acre) to PD -SC Planned Development Shopping Center - shopping centers, retail sales and service uses. PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Town Center -- Compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds. (6.01-34 dwelling units per acre) and Neighborhood Density Residential - residential (3-6 units/acre) and supporting uses such as religious institutions and schools and other small-scale non-residential uses. ENTRANCE CORRIDOR: Yes LOCATION. 450 feet West of the intersection of U.S. Route 29 and Timberwood Boulevard within the Hollymead Town Center, directly behind the existing CVS Pharmacy in the Community of Hollymead. TAX MAP/PARCEL: Tax Map 32, Parcel 41 R (portion) and Tax Map 32, Parcel 41 D1 MAGISTERIAL DISTRICT: Rio CHARACTER OF THE AREA A portion of the site is located in the Hollymead Town Center area and is primarily undeveloped. Construction had begun on the site and stopped when the applicant decided to request a rezoning. While portions of the Hollymead Town Center have been developed, with the exception of the CVS Pharmacy and a self storage facility, most of the area adjacent to the subject site is currently undeveloped. The site is made up of gently sloping hills and fronts on Timberwood Boulevard. In addition to Hollymead Town Center, there are a variety of retail centers, residential developments and the Charlottesville Albemarle Airport located in this portion of the Route 29 North corridor. SPECIFICS OF THE PROPOSAL The proposal to rezone for commercial use is made to combine two different commercial zones on the property into a single zone. This site is located 450 feet west of the intersection of U.S. Route 29 and Timberwood Boulevard directly behind the existing CVS Pharmacy. (See Attachments A & B) This parcel is created from the residue of the CVS pharmacy parcel, which is zoned HC, Highway Commercial and a small portion of the Hollymead Town Center, which is zoned PDMC, Planned Development — Mixed Commercial. The application plan for the rezoning is Attachment C. APPLICANT'S JUSTIFICATION FOR THE REQUEST This parcel will be developed with a mixture of commercial and office uses. The applicant is primarily seeking one homogeneous zoning district which will make administration of requirements, regulations, and uses in the buildings and on the site easier to facilitate. The applicant's intent is to provide a development that has a broad range of commercial and service facilities, which is also the intent of the PDSC district. In particular, the HC district has the potential of providing a higher intensity of uses, which the applicant does not intend for this particular site, and the PDMC district is intended for sites that are larger than 3 acres. This site is slightly over one acre in size. Timberwood Commons Phase ill PC Public Hearing 10/17109 PLANNING AND ZONING HISTORY Tax Map and Parcel 03200-00-00-041D1: 1, SP2002063 CVS Pharmacy, Store Drive—in Window — Approved with conditions on May 14, 2003. 2. SUB2003-176 CVS Store — Final Plat approved on September 16, 2003. Tax Map and Parcel 03200-00-00-041 D0 (See Attachment D): 1. SDP 2002-114 CVS Pharmacy, Store — Preliminary site plan approved with conditions on June 4, 2003. 2. SDP 2003-050 CVS Pharmacy — Final site plan approved on September 18, 2003. There is no specific history for tax map and parcel 03200-00-00-041 R0. This parcel is a portion of the Hollymead Town Center Area C Block 9 development, which has had numerous site plans associated with it. COMPREHENSIVE PLAN The Land Use Plan shows this area as Town Center. The Town Center designation at Hollymead is accompanied in the Land Use Plan with the "Conceptual Master Plan and Design Guidelines for the Hollymead Town Center". The purpose/intent of the Town Center designation is to provide a compact, higher density area containing a mixture of businesses, services, public facilities, residential areas and public spaces, attracting activities of all kinds for a gross residential density of 6.01-34 dwelling units per acre. The proposed Places 29 Master Plan designates this area as Neighborhood Service Center and further describes this area as commercial mixed use and urban mixed use. These designations allow a range of retail, housing, commercial, employment, and office uses that are located along major roadways that provide pedestrian and bicycle access. The request is in accord with both the existing and proposed comprehensive plan designations. The following Neighborhood Model principles are relevant to this request: Relegated Parking — Majority of the buildings front on Timberwood Boulevard and parking areas are located behind the buildings. Mixture of Uses — This parcel will provide a mixture of commercial and office uses in this part of the County. There are also several retail, commercial, and residential uses located in the surrounding area. Pedestrian Orientation — The buildings located on Timberwood Boulevard and their entrances are close to sidewalks, encouraging pedestrian activity. Buildings and Spaces of Human Scale -- The maximum building height in this development is 65 feet. Scale of buildings and their proximity to the road compared with the design of other buildings in adjacent developments were reviewed by the Architectural Review Board (ARB). Relationship between the application and the purpose and intent of the requested zoning district PDMC districts allow for the development of large-scale commercial areas with a broad range of commercial uses under a unified planned approach. The PDMC district is intended to be established on major highways in the urban area and communities in the Comprehensive Plan. HC districts allow for the development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. The HC district is also intended to be established on major highways in the urban area and communities in the Comprehensive Plan. The PDSC districts are intended to permit the development of neighborhood, community and regional 3 Timberwood Commons Phase III PC Public Hearing 10/17/08 shopping centers in accordance with standards set forth in the comprehensive plan. It is intended that PDSC districts serve areas not conveniently and adequately provided with a broad range of commercial and service facilities. The PDSC district allows for a mixture of commercial and office uses in a planned commercial center. The PDSC district allows for small sized developments, whereas the PDMC district intends for areas larger in acreage to develop. Staff believes the proposal is consistent with the intent of the PDSC district as the commercial and office uses will provide appropriate services on a neighborhood, community and regional scale for public use within the Hollymead Community. The proffered limitations provided by the applicant lessen the intensity of possible uses on this site. Anticipated impact on public facilities and services Staff does not expect this proposal to add additional new impacts to streets, schools, fire, rescue, anc police as the development that would take place under the proposed zoning will be no more intensive than that which could take place with existing zoning. Utilities — There are no concerns relating to utilities for this proposal. (See Attachment E) Stormwater Management — There are no stormwater management concerns relating to this project. Transportation — While VDOT has not expressed concern relating to this project, staff has identified the following concern that should resolve itself once future areas within the Hollymead Town Center are completely developed: Some vehicles traveling east on Timberwood Boulevard are using the median opening on Timberwood Boulevard between Route 29 and the roundabout, which serves the entrance to the south side of Timberwood Boulevard/Hollymead Town Center, to make a left turn to go to CVS. This movement results in vehicles going the wrong way in the west bound lane of Timberwood Boulevard for a short distance in order to access the CVS entrance. This is an illegal turning movement that is dangerous. The applicant proposes that once Block 9 of the Hollymead Town Center is developed, an internal connection will be completed within Timberwood Commons that will enable eastbound vehicles on Timberwood Boulevard to use the roundabout to enter Block 9 and go through Timberwood Commons to enter the CVS site. Timberwood Boulevard has not been dedicated to VDOT yet, making police enforcement difficult on this road. While staff does not see this issue in the short term as an ideal situation, in the long term staff sees an acceptable solution to the problem, although the need for signage describing this traffic pattern will be important. (See Attachment F) Anticipated impact on cultural and historic resources Staff is not aware of any changes to the cultural and historic resources of the area or County. Anticipated impact on nearby and surrounding properties Staff does not anticipate any significant impacts on nearby and surrounding properties. Public need and justification for the change This rezoning request lowers the intensity of possible uses allowed on this site, while still providing a mixture of commercial and office uses in this part of the County. Office and commercial uses will not only provide services, but also employment opportunities for residents. ARCHITECTURAL REVIEW BOARD COMMENT This project was reviewed by the ARB staff. In summary, the applicant addressed all outstanding conditions of ARB approval. A Certificate of Appropriateness was issued to the applicant. (See Attachment G) Timberwood Commons Phase III PC Public Heanng 10/17/09 PROFFERS The application plan is entitled "Application Plan for Timberwood Commons", dated June 5, 2009. Through proffers, the applicant has also eliminated some allowed by -right uses under Section 25.2.1 of the Albemarle County Zoning Ordinance such as cemeteries, hotels, motels and inns and wholesale distribution because they are not appropriate uses for this particular location. Uses permitted by special use permit under Section 25.2.2 of the Albemarle County Zoning Ordinance which are subject to separate legislative action, have not been removed and will be allowed. (See Attachment H) Waivers The applicant is requesting a waiver of Chapter 18, Section 21.7 (a) of the Zoning Ordinance, which requires that no portion of any structure located in a commercial district shall be erected closer than thirty (30) feet to any public street right of way. The applicant is requesting a front set back of 5 ft. for the buildings fronting on Timberwood Boulevard so that the new buildings on Timberwood Boulevard are consistent with the proposed buildings located to the west in Block 9 of the Hollymead Town Center. During the ARB process, elements such as scale, relationships with adjacent buildings and proximity to the road were reviewed and compared with the buildings located in Block 9 of the Hollymead Town Center. As previously mentioned, this was approved by the ARB. Staff recommends approval of this waiver because the building will be located closer to the sidewalk, encouraging pedestrian activity and interaction with the various uses located in and around this site. This will also allow consistent and continuous design element that will be consistent with the Hollymead Town Center development. SUMMARY Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposal eliminates split zoning on the site. 2. The proposal makes administration of regulations, such as uses and parking on the site easier to follow. Staff has identified no factors which are unfavorable to this rezoning request: RECOMMENDATION Staff recommends approval of ZMA 2007-002, Timberwood Commons, Phase III (also known as) Hollymead Town Center TIKI inclusive of proffers. Staff also recommends approval of the waiver request to Chapter 18, Section 2.7 (a) to allow the front setback of 5 feet for the building fronting on Timberwood Boulevard. ATTACHMENTS ATTACHMENT A — Tax Map ATTACHMENT B -- Location Map ATTACHMENT C —Application Plan, dated June 5, 2009, revised September 23, 2009 ATTACHMENT D — Tax Map for TMP:03200-00-00-041 DO ATTACHMENT E — Memo from Gary Whelan, Albemarle County Service Authority, dated March 29, 2007 ATTACHMENT F — Letter from Joel DeNunzio, dated April 3, 2007 ATTACHMENT G — Letter from Brent Nelson, dated September 23, 2008 ATTACHMENT H — Proffers, dated November 2, 2009 7imbenaood Commons Phase 111 PC Pubic Heanng 10/17109 ZMA 2007X002 Timberwood Commons - Phase III/ f f N �y 19 Contour Streams Roads ' Water Body ' Driveways n Parcels 1 I, Buildings /, Portion to be Rezoned Feel _ — ��-- o 25 sd 100 � Parcels of Interest ER d APPLICATION PLAN FOR 1 5 .m TIMBERWOOD COMMONSF0.W TM 32 PARCEL 41 D1 & PORTION OF TM 32 PARCEL 41 R ZMA 2007-002 RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA. o',,IN °F�Ro T HEAL N.wPEOHT Gc. Na. 174°1 Uri/ r —i'K )Iiil WLDIN65 CROSS (SF) CUA (SF) SPACES AEQUIREU SPACES PROMDEO SEMNOUSC.N a Nom90¢STj SEM,NOEE COUNOf6-SO—IEX1ti 0.1 10,500 WWI 50 fib 9,]19 9,2)0 46 86 —BUILDING _j —INCLUDEU HOT INC,.__7 ARAT[AHR. NO CNANCE TIKI-2 WNfAN6 LfllOPO5E01 I r 19.0 95 E3' TOTAL'. 38301 ul 20] 1 1 L w d � I� INDEX TITLE C1 Attachment. `, � I Shared Parking For Parcel 4 1 D 11 3 l 5t, f 6 Shared r soil n Parking Spaces _ Co ns rt 1 �4 23 Shared Z D; Parking Spaces I fiM j32-4 I H t- orag� Mane rr�tltt ttC.l TM -3 1 ' }Exi$t. �el�5tocag� i 20NED: HC/ Com ns th l 1.�,_�_Parkihq Spaces I I II I _ � � _��..=—T til _ • �.1. _ I I I , r Parcel 41 D I � Parcel 4 I R 7 TM 3 1 A I + _ Tlkl, "i n 09Y j,4rlr�\ --- --_'____.===-1 f I I Bost Office Land Trust FITC Open Space I i 1 Ii! ZONED: PDMC j hl E .r !!I I� 1 • �,, Ilt� Ji 141 / ' i l' I I ; I I e'' _ I earn r;A tkTc -rote) LLC. i� P;irc�l `'1 `� �B�f IZeIt inc. Dd, Pbt4,' + Vacant Par�ei 1 II i 20NEl): PDMF 1 1, Jh i l 1l � I�1 F � ` •,, I,: ! I�Ir�i 11 ,; f; , �i Cl COVER SHEET & CONTEXT MAP C2 APPLICATION PLAN TF. r / Prayr! RO � aoo ` O \ OWNER/DEVELOPER: TIKI, LLC. 620 WOODBROOK DR. SUITE 5A CHARLOTTESVILLE, VA 22901 SITE DATA: SETBACKS: FRONT: 5' SIDE: 5' REAR: 5' MAX BUILDING HEIGHT: 65' —� PARKING REQUIREMENT SCHEDULE WLDIN65 CROSS (SF) CUA (SF) SPACES AEQUIREU SPACES PROMDEO SEMNOUSC.N a Nom90¢STj SEM,NOEE COUNOf6-SO—IEX1ti 0.1 10,500 WWI 50 fib 9,]19 9,2)0 46 86 —BUILDING _j —INCLUDEU HOT INC,.__7 ARAT[AHR. NO CNANCE TIKI-2 WNfAN6 LfllOPO5E01 71,647 19.0 95 E3' TOTAL'. 38301 ul 20] ' 42 SPACES TO RE COVERED UNDER EASEMENY Z6 SPACES FROM SEMINOLE COMMONS SOUTH 16 SPACES FROM SEMINOLE COMMONS NORTH C> s O 0 C4 Q CC� ti � CJ 1 L w d � OOR PROJECT NO: 06.026 INDEX TITLE C1 Attachment. SEMINOLE COMMONS 14 �,J� SOUTH BUILDING _ I (PHASE I) o u zQW CD E -,CD U oma Eo o 2L ---------- - w — a _ — — — — — — — DDR PROJECT NO: 06.02 — — — — — — — — — — — — — — — — - INDIX TITLE --- ----- C2 $D 0 30 6D BO 2- CONDDIT TO SHEL7 NO Z 0f 2 INSTALLLD Oy SCALE. 1 = 30' �ordrai TW New GR -2 DATE; 06/05/09 I I I 1 _— •E OW - --- - - - - - - - \ we a„ a I l r I I ; Application Plan Notes: 5 _ I -_ B, MC t ' ' - Tax Map 32 Parcel 4]D1 - 1, i� Existing Zoning: HC o '� No"2 �`r I6d--� � I r----- i L Tax MO 32Parcgl 41ROf�S -- - ONAL Q' Existing'oning Ppmc r -550— Proposed, Zoning: i D -SC 5�✓�— -- I � I V , I I IL \ I I I I Loading ace x �'I I L_ --_—J 61lP L____—J NORTH CHARLOTTESVILLE 0 � � SELF STORAGE m o D II z 4I 4 1 1 0 1 1 I aA$ n I SEMINOLE COMMONS 14 �,J� SOUTH BUILDING _ I (PHASE I) o u zQW CD E -,CD U oma Eo o 2L ---------- - w — a _ — — — — — — — DDR PROJECT NO: 06.02 — — — — — — — — — — — — — — — — - INDIX TITLE --- ----- C2 $D 0 30 6D BO 2- CONDDIT TO SHEL7 NO Z 0f 2 INSTALLLD Oy SCALE. 1 = 30' �ordrai TW New GR -2 DATE; 06/05/09 kw pw SMA 207. OGS i �ir��eruv�c�d��t�r�tm�r��P��se III , _ r AO /I f f1�y F l• -or m r - i - � Roads Portion to be Rezoned " Streams Parcels of Interest _ '_�''k' I �, Water Body 2003 Parcels F Q TO: Sean Dougherty, Planner FROM: Gary Whelan, Civil Engineer DATE: March 29, 2007 RE: Site Plan Technical Review for: Hollvmead Town Center (Tiki) (TM 32, Parcel 41R) The below checked items apply to this site. ZMA-2007--00002 X 1. This site plan is within the Authority's jurisdictional area for: X A. Water and sewer B. Water only C. Water only to existing structure D. Limited service X 2. A 12 inch water line is located onsite. 3. Fire flow from nearest public hydrant, located distant from this site plan, is gpm + at 20 psi residual. X 4. An 8 inch sewer line is located onsite. 5. An Industrial Waste Ordinance survey form must be completed. X 6. No improvements or obstructions shall be placed within existing or future easements. 7. and plans are currently under review. B. and plans have been received and approved. 9. No plans are required. 10. Final and plans are required for our review and approval prior to granting tentative approval. 11. Final site plan may/may not be signed. 12. RWSA approval for water and/or sewer connections. Comments: Backflow prevention required. Provide plumbing fixture count to size meter. The site plan does not show or incorrectly shows: meter locations waterline locations sewer line locations easements waterline size sewer line size expected wastewater flows expected water demands Attachment E DEPARTMENT OF TRANSPORTATION 1601 Orange Road Cuipeper, Virginia 22701 David S. Ekern, RE, VirginiaDOT.org COMMISSIONER April 3, 2007 Mr. John Shepard Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22902 RE: Special Use Permits and Rezoning Submittals Dear Mr. Shepard: Below are VDOT's comments for the March 2007 Rezoning and Special Use Permit applications: SP 2007-00006 Old Trail Community Center (Scott Clark) • No comments SP -2007-00008 Camp watermarks -- Amendment (Amy Arnold) • This increase in use will require the adequacy of the entrance to be evaluated. Please contact Charles Baber at the VDOT Charlottesville Residency to schedule a meeting to evaluate the entrance. SP -2007-00010 Cutripht — Development Ripht (Joan McDowell) • The location of the entrance or entrances needs to be shown and approved by VDOT. SP -2007-00011 Oakridge Church Picnic Pavillion (Amy Arnold) • The application does not indicate that the proposed change will increase traffic to the site or change the entrances. The shelter is across the street from the parking lot and adequate access to cross the street should be provided if it is not already in place. SP -2007-00012 John Murphv — Home Occupation Class B (Amy Arnold) • This property is located on a private street which accesses rte. 676. Adequate sight distance should be shown at the intersection of Old Turner's Mountain Road and rte. 676. SP -2007-00013 Stony Point Fire Department Addition (Scott Clark) • If any of the proposed new uses will generate traffic in excess of 30 vehicles, a taper needs to be added to the entrance to the Fire Department. Attachment F SP -2007-00014 The Rocks Subdivision Lot 1 — Amendment Scott Clark • No Comments SP -2007-00016 Mt. Alto Church — Amendment (Amy Arnold) • This proposal does not appear to change or increase the use of the entrance to the site. ZMA-2007-00002 Hollymead Town Center (TIKI) (Sean Dougherty) • This proposed change in zoning does not appear to have any significant impacts on the surrounding road network. If you have any questions, please let me know Sincerely, Joel DeNunzio, P.E. Residency Program Manager VDOT Charlottesville Residency �YPARS OF 7'RAHSPt3RTAnOt� EXCfILENCF 5 9 0 6 2 0 0 6 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 September 23, 2008 Janet Miller Dominion Development Resources 172 South Pantops Drive Charlottesville, VA 22911 RE: ARE 2007-42: Timberwood Commons Tax Map 32, Parcel 41D1 Dear Ms. Miller: I have reviewed your revised submittal for the above -referenced project which consisted of the following: Drawings: C1: Final ARB Site Plan, latest revision date 9/12/08 C2: Building Elevations, latest revision date 9/12/08 C3: Building Elevations, latest revision date 9/12/08 The revisions included in this latest submission address all outstanding conditions of ARB approval. You may consider this letter your Certificate of Appropriateness This approval is predicated on the fact that the design and materials, as proposed and exhibited for review, will be used. The acceptance of approval implies that the applicant has agreed to execute the design as indicated on the site plan, attachments, materials, samples, and other submittal items presented. Any change in the approved design or materials will require an amendment to the plan and must be reviewed and approved by the Architectural Review Board. If you have any questions, please do not hesitate to contact me. Sincerely, Brent W. Nelson Landscape Planner cc: ARB File Attachment G Original Proffers Amendment PROFFER STATEMENT ZMA No. 2007 - 0002 Tax Map and Parcel Number(s): 03200-00-041D1 and PORTION OF 03200-00-04180 Owner(s) of Record: frost Office Land Trust and Tiki LLC Date of Proffer Signature: November 2, 2009 1.021 acres to be rezoned from HC & PDMC to PDSC Post Office Land Trust, is the owner of a PORTION OF Tax Map and Parcel Number 03200-00-041RO and Tiki, LLC, is the owner of Tax Map and Parcel Number 03200-00-041D1 (the "owners" and the "Property") which is the subject of rezoning application ZMA No. 2007 - 0002, a project known as "Timberwood Commons " (the "Project"). This Proffer Statement shall relate to the Application Plan entitled "Application Plan for Timber -wood Commons", dated June 5, 2009, and prepared by Dominion Development Resources, LLC. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owners hereby voluntarily proffer 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 Owners acknowledge that the conditions are reasonable. The uses of the Property permitted by right shall be only those uses allowed by right under Section 25.2.1 except for the following C-1 (Section 22 2.1) , CO (Section 23.2. 1) and HC (Section 24.2. 1) uses permitted in the PDSC zoning district by reference under Section 25.2.1(1), as all of those sections of Chapter 18, Zoning, of the Albemarle County Code, are in effect on December 9, 2009, copies of which are attached hereto and incorporated herein as Attachment A : A. B. C. D E. F. G. H. 1. J. K. L. M N. O P. Cemeteries: Sections 22.2.1(b)(3), 23.2.1(4), 24.2.1(5) Fire and rescue squad stations: Sections 22.2.1(b)(6), 24.2.1(13) Indoor theaters: Sections 22.2.1(b)(9), 24.2.1(3 8) Libraries, museums: Sections 22.2. l (b)(12), 232.1(5) Automobile service stations: Sections 22.2.1(b)(16), 24.2.1(3) Automobile, truck repair shop, excluding body shop: Sections 22.2 Hotels, motels and inns: Section 24.2.1(20) Mobile home and trailer sales: Section 24.2.1(23) Modular building sales: Section 24.2.1(24) Motor vehicle sales, service and rental: Section 24.2.1(25) Building material sales: Section 24.2.1(4) Light warehousing: Section 24.2.1(21) 1(b)(22), 24.2.1(2) Machinery and equipment sales, service, and rental: Section 24.2.1(22) Sale of major recreational equipment and vehicles: Section 24.2.1(32) Wholesale distribution: Section 242.1(34) Heating oil sales and distribution: Section 24.2,1(39) Attachment H The uses of the Property permitted by special use permit shall be those uses allowed by special use permit under Section 25.2.2 of Chapter 18, Zoning, of the Albemarle County Code, as that section is in effect onDecember 9, 2009, a copy of which is attached hereto and incorporated herein as Attachment 13, OWNER By: Charles W. Hurt Title: Trustee Post Office Land Trust OWNER �-By: Anthony p. Valente Title: manager and member Tiki, LLC By: Shirley "L.Fizer Title: Trustee ! Post Office Land Trust By: Mar)A. Valente i l y Title: manager and member Tiki, LLC