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HomeMy WebLinkAboutZMA201100008 Action LetterGIl�ZP .J COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 May 14, 2012 Jo Higgins 2564 Mt Torrey Road Lyndhurst, Va. 22952 RE: ZMA 2011 -008 Three Notch'd Center TAX MAP 56A3, PARCEL 9 Dear Ms. Higgins: On May 2, 2012, the Board of Supervisors approved the above referenced re- zoning on the above referenced parcel. This approval is inclusive of an amended application plan dated January 20, 2012 and proffers dated January 26, 2012, both of which are attached. Please refer to these documents for any future applications and requests on this property. . , nPlease be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with the APPLICATION PLAN and PROFFERS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. if you have questions or comments regarding the above -noted action, please do not hesitate to contact Rebecca Ragsdale at 296 -5832. Sincerely, ` OV/ V. Wayne Ci i berg Director of P anning cc: Notch'd LLC L� 90 Stockton Ridge PI Greenwood Va 22943 Email CC: Tex Weaver Rebecca Ragsdale, Elise Hackett File �J .... ........... ......... ..................... ................ ..... ..................... .... ........... OW ----------- 0.1 1 too . . . . . . . . . . . A Its A $ TOO 1" S/ Iq . it 1 411 r ABOVE as! VA to 'i" Ne f.... r - ass R ni 1 01 cop N. MQ mill.; '-trl- oil it To 0— 12 AS Now. ?Q ply. ............... Original Proffer Amendment X PROFFER STATEMENT ZMA No. 2011 - 00008 Tax Map and Parcel Number(s): 56A(3) - 9 Owner(s) of Record: Notch'd LLC Date of Proffer Signature: January 26, 2012 2.32 acres to be rezoned from PD -SC to PD -SC Notch'd LLC, a Virginia Limited Liability Company, is the owner of Tax Map and Parcel Number 56A(3) —9 (the "owners" and the "Property ") which is the subject of zoning map amendment application number ZMA No. 2011- 00008, a project known as "Three Notch'd Center " (the "Project "). This Proffer Statement shall relate to the Application Plan entitled " THREE NOTCH'D CENTER, ZMA 2011 — 00008, APPLICATION PLAN AMENDED TO INCLUDE AUTO LAUNDRY LOCATION, DATED 1 - 20 - 2012 ". Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owners hereby voluntarily proffer the conditions listed in this proffer statement, which shall be applied to the Property if the zoning district is approved by Albemarle County. These conditions are proffered as a part of the requested rezoning and it is acknowledge that the conditions are reasonable. 1. The Permitted uses of the property, and /or uses authorized by special use permit, shall include those uses allowed by Albemarle County Code Section 18- 25.2.2 in effect on 01/23 /2012, and with respect to the by right uses permitted under Albemarle County Code Section 18- 25.2.1, the C -1, CO, and HC uses cross - referenced therein shall include only those commercial and service established allowed in Albemarle County Code Section 18 -22, 18 -23, and 18 -24 in effect on the date of rezoning, copies of which are attached hereto, except the following A. Cemeteries: 18- 22.2.1.b3, 18- 23.2.1.4, 18- 24.2.1.5 B. Fire & rescue squad stations: 18.22.2.1.b6, 18- 24.2.1.13 C. Indoortheaters: 18- 22.2.1.b9, 18- 24.2.1.38 D. Libraries, museums: 18- 22.2.1.bl2, 18- 23.2.1.5 E. Automobile service stations 18- 22.2.1.bl6, 18- 24.2.1.22 F. Automobile, truck repair shop, excluding body shop: 18- 22.2.1.b22, 18- 24.2.12 G. Hotels, motels and inns: 18.24.2.1.20 H. Mobile home and trailer sales: 18- 24.2.1.23 I. Modular bldg sales: 18- 24.2.1.24 J. Motor vehicle sales, service and rental: 18- 24.2.1.25 K. Building material sales: 18- 24.2.1.21 L. Light warehousing: 18- 24.2.1.26 M. Machinery and equipment sales, service, and rental:18- 24.2.1.22 J N. New Automotive parts sales 18- 24.2.1.26 0. Sale of major recreational equipment and vehicles: 18- 24.2.1.32 P. Wholesale distribution: 18- 24.2.1.39 Q. Heating oil sales and distribution: 18- 24.2.1.39 R. Indoor athletic facilities: 18- 22.2.1.b24, 18- 24.2.1.42 OWNER NOTCH'D I PLC-'- A Virginia"Limited Li�li ompany el t5-- ? 2012 Dated,,/ January By: J K oKseyr nber - manager 2 ALBEMARLE COUNTY CODE j CHAPTER 18 ZONING SECTION 22 COMMERCIAL - C -1 Sections: 22.1 INTENT, WHERE PERMITTED 22,2 PERMITTED USES 22.2.1 BY RIGHT 22,2,2 BY SPECIAL USE PERMIT 22.3 ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C -1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C -1 districts be established only within the urban area, communities and villages in the comprehensive plan. (Amended 9 -9 -92) 22.2 PERMITTED USES Q22.2.1 BY RIGHT i The following uses shall be permitted in any C -1 district, subject to the applicable requirements of this chapter. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 18 -22 -1 Zoning Supplement 460, 5 -5 -10 ALBEMARLE COUNTY CODE 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. 16. Farmers' markets (reference 5.1.47), (Added 5 -5 -10) b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5 -2 -93) 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 1.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 18 -22 -2 Zoning Supplement #60, 5 -5 -10 �J ALBEMARLE COUNTY CODE 22. Automobile, truck repair shop excluding body shop. (Added 6 -3 -81; Amended 9 -9 -92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. (Repealed 5 -5 -10) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 27. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 22.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 9 -9 -92; 5 -2 -93; 9- 14 -93; 10- 11 -95; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 10-18(4),5-5-10) 22.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1 -1 -83) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -wave and radio - wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1.11). 6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R- 15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 7. Hotels, motels and inns. 8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan. (Added 6 -1 -83) 9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5- 03) 10. Drive -in windows serving or associated with permitted uses. (Added 11 -7 -84; Amended 9 -9 -92) 11. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6- 14 -89) 12. Body shop. (Added 9 -9 -92) 13. Animal shelter (reference 5.1.11). (Added 6- 16 -99). 18 -22 -3 Zoning Supplement #60, 5 -5 -10 ALBEMARLE COUNTY CODE �r 14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20-22.2.2,12-10-80; 1-1-83;6-1-83; 11 -7 -84; 6- 14 -89; Ord. 03-18(l),2-5-03; Ord. 04-18(2),10-13-04) 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all C -1 districts. (Amended 3- 17 -82; 7- 10 -85) 18 -22 -4 Zoning Supplement 460,5-5-10 0 ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 23 COMMERCIAL OFFICE - CO Sections: 23.1 INTENT, WHERE PERMITTED 23.2 PERMITTED USES 23.2.1 BY RIGHT 23.2.2 BY SPECIAL USE PERMIT 23.3 ADDITIONAL REQUIREMENTS 23.1 INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial and industrial districts. 23.2 PERMITTED USES 23.2.1 BY RIGHT The following uses shall be permitted in the CO district, subject to the applicable requirements of this chapter: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate of all accessory uses shall not occupy more that twenty (20) percent of the floor area of the buildings on the site. The following accessory uses shall be permitted: - Eating establishments; - Newsstands; - Establishments for the sale of office supplies and service of office equipment; -Data processing services; - Central reproduction and mailing services and the like; 18 -23 -1 Zoning Supplement #60, 5 -5 -10 ALBEMARLE COUNTY CODE - Ethical pharmacies, laboratories and estabishments for the production, fitting and /or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; - (Repealed 3- 17 -82) -Sale /service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel; (Added 12 -3 -86) - Barber shops; (Added 8 -5 -09) - Beauty shops. (Added 8 -5 -09) 1. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5- 12 -93) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) 9. Temporary construction uses (reference 5.1.18). 10. Dwellings (reference 5.1.21). (Added 3- 17 -82) 11. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9 -9 -92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -01) 14. Tier I and Tier 1I personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 15. Farmers' markets (reference 5.1.47). (Added 5 -5 -10) (§ 20- 23.2.1, 12- 10 -80; 3- 17 -82; 3 -5 -86; 12 -3 -86; 11 -1 -89; 9 -9 -92; 5- 12 -93; Ord. 01- 18(6), 10 -9 -01 ; Ord. 04- 18(2), 10- 13 -04; Ord. 09- 18(6), 8 -5 -09; Ord. 10- 18(4), 5 -5 -10) 23.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved kby the board of supervisors pursuant to section 31.2.4: 1. Hospitals. 2. Funeral homes. 18 -23 -2 Zoning Supplement 460, 5 -5 -10 ALBEMARLE COUNTY CODE 3. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio -wave transmission and relay towers, substations and appurtenances. 4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5 -03) 5. Commercial uses otherwise permitted having drive -in windows (Added H -7 -84) 6. School of special instruction. (Added 1 -1 -87) 7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1 -1 -87) 8. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6- 14 -89) 9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential R -15. in compliance with regulations set forth therein and such conditions as may be imposed pursuant to section 31.2.4. (Added 6- 19 -91) 10. Hotels, motels and inns (reference 9.0). (Added 6- 19 -91) 11. Supporting commercial uses (reference 9.0). (Added 6- 19 -91) 12. Research and development activities including experimental testing. (Added 6- 19 -91) 13. Laboratories, medical or pharmaceutical. (Added 6- 10 -92) 14. Indoor athletic facilities. (Added 9- 15 -93) 15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 23.2.2, 12- 10 -80; 11 -7 -84; 1 -1 -87; 6- 14 -89; 6- 19 -91; 6- 10 -92; 9- 15 -93; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04) 23.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all CO districts. 18 -23 -3 Zoning Supplement 460, 5 -5 -10 ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 24 HIGHWAY COMMERCIAL - HC Sections: 24.1 INTENT, WHERE PERMITTED 24.2 PERMITTED USES 24.2.1 BY RIGHT 242.2 BY SPECIAL USE PERMIT 24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT 24.4 ADDITIONAL REQUIREMENTS 24.1 INTENT, WHERE PERMITTED HC districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is intended that HC districts be established on major highways within the urban area and communities in the comprehensive plan. It is further intended that this district shall be for the purpose of limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets. 24.2 PERMI.TTED USES .24.2.1 BY RIGHT The following uses shall be permitted in any HC district, subject to the applicable requirements of this chapter. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34. 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cemeteries. . 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 7. Convenience stores. 18 -24 -1 Zoning Supplement W, 5 -5 -10 ALBEMARLE COUNTY CODE 8. Educational, technical and trade schools. 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and service. 13. Fire and rescue squad stations (reference 5.1.09). 14. Funeral homes. 15. Furniture stores. 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6 -3 -81) 20. Hotels, motels and inns. �J 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. 26. New automotive parts sales. 27. Newspaper publishing. 28. Administrative, business and professional offices. 29. Office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. 33. Wayside stands - vegetables and agricultural produce (reference 5.1.19). 34. Wholesale distribution. 18 -24 -2 Zoning Supplement 460, 5 -5 -10 ALBEMARLE COUNTY CODE (� 35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5- 12 -93) 36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water. and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales and distribution (reference 5.1.20). 40. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C -1. (Added 6- 19 -91; Amended 9 -9 -92) 42. Indoor athletic facilities. (Added 9- 15 -93) 43. Farmers' market (reference 5.1.47). (Added 10- 11 -95; Amended 5 -5 -10) 44. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) 46. Storage yards. (Added 11- 12 -08) (§ 20- 24.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 11 -1 -89; 6- 19 -91; 9 -9 -92; 5- 12 -93; 9- 15 -93; 10- 11 -95; § 18- 24.2.1, Ord. 98 -A(1), 8 -5 -98; Ord.02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08; Ord. 10- 18(4), 5 -5 -10) 24.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted by special use permit in the HC district: 1. Commercial recreation establishment including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1 -1 -83) 2. Septic tank sales and related service. 3. Livestock sales. 4. Veterinary office and hospital (reference 5.1.11). 5. Drive -in theaters (reference 5.1.08). 18 -24 -3 Zoning Supplement 460, 5 -5 -10 ALBEMARLE COUNTY CODE 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro- wave and radio -wave transmission and relay towers, substations and appurtenances (reference 7. Hospitals, nursing homes, convalescent homes (reference 5.1.13). 8. Auction houses. 9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R -15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 10. Commercial kennels - indoor only (reference 5.1.11). (Added l- 1 -83) 11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5 -03) 12. Drive -in windows serving or associated with permitted uses. (Added 11 -7 -84; Amended 9 -9- 92) 13. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6- 14 -89) 14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6- 19 -91) 15. Animal shelter (reference 5.1.11). (Added 6- 16 -99) 16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 24.2.2, 12- 10 -80; 1 -1 -83; 11 -7 -84; 6- 14 -89; 6- 19 -91; 9 -9 -92; § 18- 24.2.2, Ord. 98 -A(1), 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08) 24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT Minimum frontage required on a public street for the establishment of an HC district shall be one hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall not apply to HC districts established at the adoption of the zoning map. 24.4 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all HC districts. 18 -24 -4 Zoning Supplement 460, 5 -5 -10 December 9, 2011 To whom it may concern: CERTIFICATE OF LIMITED LIABILITY COMPANY CERTIFICATE OF INCUMBENCY The undersigned, Timothy I. Kelsey, corporate attorney for Notch'd, LLC, a Virginia limited liability company does hereby certify that, as of the date hereof, 1. Notch'd, LLC is organized pursuant to the Virginia Limited Liability Company Act and that its certificate of organization has not been cancelled; and 2. The following individuals and /or entities are the sole Members of Notch'd, LLC with the following ownership interests: JEFF SPROUSE— 50.0% MICHELLE SPROUSE — 50.0% 3. The following individuals are authorized unilaterally to bind Notch'd, LLC: JEFF SPROUSE, Member - Manager MICHELLE SPROUSE, Member - Manager Nothing more is certified. .................. .... .................. .................. .... .................. Timothy I. Kelsey, Attorney for Notch'd, LLC Boyle, Bain, Reback & Slayton 420 Park Street Charlottesville, VA 22902 434 - 977 -6155 (phone) BOYLE, BAIN, REBACK & SLAYTON r ~\ Attorneys and Counsellors at Law Fidward H. Bain, Jr. Counsel Forbes R. Rcback Park 4201 arlc Street ` Marshall M. Slayton "Timothy I. Kelsey Charlottesville, Virginia 22902 Robert P. Boyle C. Connor Crook Telephone (434) 977 -6155 (1930 -1992) Jonathan S. Woodruff Facsimile (434) 977 -3298 Jack. N. Kegley www.bbrs.net Retired Writer's email: tim.kelsey @bbrs.nct December 9, 2011 To whom it may concern: CERTIFICATE OF LIMITED LIABILITY COMPANY CERTIFICATE OF INCUMBENCY The undersigned, Timothy I. Kelsey, corporate attorney for Notch'd, LLC, a Virginia limited liability company does hereby certify that, as of the date hereof, 1. Notch'd, LLC is organized pursuant to the Virginia Limited Liability Company Act and that its certificate of organization has not been cancelled; and 2. The following individuals and /or entities are the sole Members of Notch'd, LLC with the following ownership interests: JEFF SPROUSE— 50.0% MICHELLE SPROUSE — 50.0% 3. The following individuals are authorized unilaterally to bind Notch'd, LLC: JEFF SPROUSE, Member - Manager MICHELLE SPROUSE, Member - Manager Nothing more is certified. .................. .... .................. .................. .... .................. Timothy I. Kelsey, Attorney for Notch'd, LLC Boyle, Bain, Reback & Slayton 420 Park Street Charlottesville, VA 22902 434 - 977 -6155 (phone)