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Home My WebLink AboutZMA201300009 Action LetterC) AL U �GrO �'IRGII`IZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 November 25, 2013 Steven F. Teets, L.S. 7200 Wisconsin Ave #400 Bethesda, Md 20814 RE: ZMA201300009 /Albemarle Place /Stonefield Proffer Amendment TAX MAP 61W /SECTION 3 /PARCELS 19A, 19B, 23,24 and 25 Dear Mr. Teets: On November 13, 2013, the Board of Supervisors approved the above noted NMD rezoning application subject to the application plan dated October 21, 2013, code of development dated October 21, 2013 and attached proffers dated November 13, 2013. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with requirements of the CODE OF DEVELOPMENT; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Before proceeding; with further use of this property or should you have questions regarding the above - noted action, please contact Rebecca Ragsdale at 296 -5832. Sincerely, biat 9 V. Wayne Cili berg Director of Pla ning CC: Albemarle Place EAA LC P O Box 528 Columbia Sc 29202 r7 t4i-,7 T".-J CODE OF DEVELOPMENT APPENDIX A -- Permitted/Proltibited Uses by Block* October 15, 2003 (mvised ,3 1 201.0) Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; BIank —Uses prohibited tivithiu bI The square footages for all uses shaded in this table shall count towards the retail portion ofthenon- residential square maximum established in the Code ofDevelopment in Table 1: "Uses Table" Block Group 1 1 2 3 Block A B C D E F G Detached single family R Semi- detached and attached single- family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses, and accessory apartments, P P P P P B Multiple-family dwellings P P P P P S Rental of permitted residential uses P P P P P Homes for developmentally disabled persons (reference 5.1,07) P I P P P P U Boarding houses. P P P P P S Tourist lod ur s (reference 5.1.17) P P P P P B Homa occupation, Class A (reference 5.2 ) P P P P P S Home occupation, Class B (reference 5.2) SP SP SP SP SP Accessoi uses and buildings, including storage.buildings P P P P P P P Assisted living P P P P P P P Rest borne, nursing homes, or convalescent homes P P P P P P P Ad►ninistrative, business and grofessional offices P P P P P P P Anti ute, ift, jewelry, notion and craft sluo >s P P P P P P P Auction houses P P P P P P N Automobile laundries P P P P P P O Automobile, truck repair shop excluding body shop P N Automobile service stations.(reference 5.1.20) P* P Barber, beauty shops P P P P P P R Body Shop SP SP SP SP SP SP E Buildirngtnaterials sales P P P P P P S Tier I personal tivireless service facilities (reference. 5.I.40) P P P P P P P I Tier II personal wireless service facilities (reference 5.1.40) P P P P P P P D Tier III personal wireless service facilities (reference 5.1,40 ) SP SP SP SP SP SP SP B Cemeteries N Churches P P P P P P P T Clothing, apparel and shoe shops P P P P P P P I A Clubs, lodges, civic, fraternal, patriotic (reference 5:1.2) P P P P P P P D Commercial kermels — indoor only (reference 5.1.11) P P P P P P U Commercial recreation establishments including but not limited to amusement centers bowling alleys, pool halls and dance halls P P P P P P . P S Community center P P P P P. P P E Contractors' office and equipment story e yard P P P P P P P g Convenience stores P P P P P P P Day care, child care, or nursery facility (reference 5.1.06) P P P P P P P Department store P P P P P P P Drive -in theaters Driv - ik indows serving or associated with permitted uses SP SP SP SP SP SP Drug store harmac P P P P P P IP Eatin? establishment (trot includine fast food restaurant) P P P P P P ExhibitB I CODE OF DEVELOPME4 NT APPENDIX A— Periiiitfed /Pi•oltibited Uses by .kilo clO , October 15, 2003 (revised , ulv g, 20X0 Rev: 10 -21 -13 *P- Permitted uses by block; SP-Uses that may be applied for via Special Use Permit; Blank — Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square.footage maximum established in the Code of Develo meat in Table I: "Uses Table" Block Group P 1 2 3 Block A B C D E F G Food and grocery stores including such specialty shops as bakery, candy, milk, dispensary and wine and cheese shops P Electric, gas, oil and communication facilities, excluding tower P P P P P Funeral homes P P structures and including poles, lines, transformers, pipes, meters and P P P Furniture and home appliances (sales and service) P related facilities for distribution of local service and owned and P P P P P Hardware store operated by a public utility. Water distribution and sewerage P P P P P P Health club or spa P collection lines, puinping stations and appurtenances owned and P P. P P P P P Heating oil sales and distribution reference 5.l .20 P operated by the Albemarle County Service Authority. Except as P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P otherwise expressly provided, central water supplies and central P P P P Hospitals SP SP sewerage systems in conformance with Chapter 16 of the Code of SP SP SP SP Hotels, motels and inns P Albemarle and all other applicable law. P P P P P Indoor athletic facilities P P Factory outlet sales— clothing and fabric P P P P P P P P P P P P Laboratories medical or harmaceutical P P- P P P. P Farmers' market (reference 513 6) P P P P P P P P P Fast food restaurant P P P P P P P P P Feed and seed stores (reference 5.1.22) P P P P P P P P P Financial institutions P P P P P P P P P Fire and rescues uad stations (reference 5.1.09) P P P P P P P Fire extinguisher and security roducts, sales and service P P P P P P P Florist P P P P P P P Food and grocery stores including such specialty shops as bakery, candy, milk, dispensary and wine and cheese shops P P P P P P P Funeral homes P P P P P P Furniture and home appliances (sales and service) P P P P P P P Hardware store P P P P P P P Health club or spa P P P P P P P Heating oil sales and distribution reference 5.l .20 P P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P P P P P P Hospitals SP SP SP SP SP SP SP Hotels, motels and inns P P P P P P P Indoor athletic facilities P P P P P P P Indoor theaters P. P P P P P P Laboratories medical or harmaceutical P P P P P. P P Laundries, dry cleaners P P P P P P P Laundromat (provided that an attendant shall be on duty at all hours during operation) P P P P P P P Libraries, museums P I P P P P P P Light warehousing P P P P P P P Livestock sales Machinery and a ui anent sales, service and rental P P P P P P P Medical center P P P P P P P Mobile home and trailer sales and service Modular building sales Motor vehicle sales, service and rental SP SP SP SP SP SP SP Musical instrument sales P I P P P P P P New automotive pails sales P P P P P P P Newspaper publishing P P P P P P P Newsstands, magazines, pipe and tobacco shops P P P P P P P 2 CODE OF DEVELOPMENT APPENDIX A - Perinitted /Prohibited Uses by Block" October 15, 2003 (revised ,J t , U, Rev: 10 -21 -13 *P- Perinitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table 1; "Uses Table' Block Group 1 1 2 2 3 3 Block A A B B C C D D E E F F G G Office and business machines sales and service P P P P P P P P P P P P P P Optical goods sales P P P P P P P P P P P P P P Outdoor Amphitheatre with no fxed seats and limited operation P P Outdoor eating establishment or caf6 P P P P P P P P P P P P P P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible S SP S SP S SP S SP S SP S SP S SP Parks, playgrounds and civics aces P P P P P P P P P P P P P P Photographic goods sales P P P P P P P P P P P P P P Private schools P P P P P P P P P P P P P P Professional offices, including medical, dental and optical P P P P P P P P P P P P P P Public and P 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, public water P P P P P P P and sewer transmission, main or trunk lines, treatment facilities, . pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authorit Research and development activities including experimental testing P P P P P P P Retail nurseries and greenhouses P P P P P P P Sales & Service of goods associated Nvith principal use P P P P P P P Sales of mdor recreational equipment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and ofher pedestrian related P P P P P P P events to be conducted on adjacent private streets Temporary Events SP SP SP SP SP SP SP Septic tank sales and related services Sporting oods sales P P P P P P P Stand alone parking and parhhig structures (reference 4.12, 5.1A1 ) P P P P P P P Stormwater management facilities shown on an approved final site P P P P P P P lan or subdivision plat Swim, golf, tennis or athletic facility P P P P P. P P. Tailor, seamstress P P P P P P P Tem oraty construction uses (reference 5.1.18) P P P P P P P Tem orary nonresidential mobile homes (reference 5.8 ) P P P. P P P P Yete rinary Office and Hospital. P P P P P P P Visual and audio appliances sales P P P P P P P Wareliouse facilities not permitted under section 24.2.1 (reference 9,0) Wayside stands — vegetables and agricultural produce (reference P P P P P P P 5,1.19) Whnlecaln N.0rihntion S -S 1665955 �,$.DDC * The Automobile Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will .operate as an accessory use to a larger ret—ail user within Lad "Bay F-The Fuel - Facility area will -be limited- to-the dtspenysing -oi retail motor fuels and retail sale of lubricants (such as motor oil, coolants, brake fluid and windshield wiper fluid). All other elements of the Automobile Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. 1665955 �,$.DDC * The Automobile Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will .operate as an accessory use to a larger ret—ail user within Lad "Bay F-The Fuel - Facility area will -be limited- to-the dtspenysing -oi retail motor fuels and retail sale of lubricants (such as motor oil, coolants, brake fluid and windshield wiper fluid). All other elements of the Automobile Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. Albemarle Place /Stonefield PROFFER FORM AMENDMENT TO PROFFERS Date: November 13, 2013 ZMA # 2013 -00009 Albemarle Place /Stonefield Tax Map and Parcel Numbers: 061WO- 03- 00 -019AO (as it has been subdivided), 061WO -03- 00 -019BO (as it has been subdivided), 061WO- 03 -00- 02300, 061W0- 03 -00- 02400, and 61WO- 03-00 -02500 65.034 Acres zoned Neighborhood Model District (NMD) to be rezoned to Neighborhood Model District (NMD) This instrument amends those certain Proffers dated March, 13, 2012, for ZMA # 2011 -00007 Albemarle Place /Stonefield ( "ZMA 2011 Proffers "). Except as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. Albemarle Realty (E &A), LLC, a South Carolina limited liability company, is the owner of a parcel of land that were subdivided from tax map parcel 061 WO- 03- 00- 019BO, which parcel is shown as "Lot D2 ", containing 5.487 acres, each on a plat entitled "Plat Showing Subdivision of Stonefield, Jack Jouett Magisterial District, Albemarle County, Virginia" dated July 15, 2011, last revised November 10, 2011, prepared by W.W. Associates, which plat is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4135, page 215 (the "Lot D Parcel Subdivision Plat "). The Haven at Stonefield, LLC, a South Carolina limited liability company, is the owner of a parcel of land that was subdivided from tax map parcel 061 WO- 03- 00- 019BO, which parcel is shown as "Lot E2" containing 7.638 acres, on the Lot D Parcel Subdivision Plat. MacFarlane Stonefield, LLC a Virginia limited liability company, is now the owner of a parcel that also was subdivided from tax map. parcel 061 WO- 03- 00- 019BO, which parcel is shown .as "Lot D3 ", containing 1.010 acres, on the Lot D Parcel Subdivision Plat. Albemarle Place EAAP, LLC, a Delaware limited liability company, is the fee simple owner of tax map parcels 061 WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO- 03 -00- 02500, and the residual portions of tax map parcels 061WO- 03- 00 -019BO and 061WO- 03- 00 -019AO that were not conveyed to either Albemarle Realty (E &A), LLC, MacFarlane Stonefield, LLC, or The Haven at Stonefield, LLC. For the purposes of these proffers, Albemarle. Place EAAP, LLC, MacFarlane Stonefield, LLC, The Haven at Stonefield, LLC, and Albemarle Realty (E &A), LLC are collectively referred to herein as (the "Owner "). The term "Owner" as referenced herein shall include within its meaning the owner of record and successors in interest. 00= 02500, and- 061WO- 03- 00=0fi9B0- (including the lots created - there from pursuant to the Lot D Original Proffer: Amendment: X Parcel Subdivision Plat) (collectively, the "Property "), are the subject of zoning map amendment application number ZMA 2011 -00007 originally submitted as "Albemarle Place Proffer Amendment," which application name has been renamed to "Stonefield:" Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is acknowledged that the conditions are reasonable. The. Albemarle Place /Stonefield project was originally approved by the County Board of Supervisors on October 22, 2003 as ZMA 2001 -007, along with proffers from the prior owner dated October 22, 2003, and a Code of Development prepared by The Cox Company, dated October 15, 2003 (the "Code of Development "). The'Code of Development is hereby amended to substitute the Appendix A, attached hereto in place of the Appendix A from the 2003 document. The Code of Development includes an application plan (the "Application Plan "). The term "Application Plan" henceforth shall refer to the Exhibit A attached hereto which is captioned; "Albemarle Place Town Center, Also known as Stonefield, Albemarle County, Virginia, Amended Application Plan — Full Build, Exhibit A, dated 10 -21- 2013." The improvements proposed for the Property are collectively referred to as the "Project." Except. as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. (Signature Pages Immediately Follow) 2 Original Proffer: Amendment: X WITNESS the following signatures: ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company Original Proffer: Aniendment: X THE HAVEN AT STONEFIELD, LLC a South Carolina limited liability company By: Printed Name: Title: MACFARLANE STONEFIELD, LLC a Virginia limited liability company Printed Name: Title: 4 Original Proffer: Amendment: X THE HAVEN AT STONEFIELD, LLC a South Carolina limited liability company MACFARLANE STONEFIELD, LLC a Virginia limited liability company Printed Name: CA/wV <�) kac `w /C,t Lc" Original Proffer: Amendment: X Exhibit A Application Plan 1 -T �TT i I � LN 1 I I k w I — � ❑ tRl I I � � � � f =_ � � � I HUM -mi"� s c — ��( r,T'��IIIIIII �- `� - - I a —, � i - � etws✓ic�iz�a - I , - a�eemaeie covry ,va �, I I �, x I i I ,,. _ `' rucanorvrury reuu ew�o C .e Original Proffer: Amendment: X Appendix A f,5,4777177' aj ij r aj CODE OF DEYELOPMENT APPENDIX A -- Permitted/Prohibited Uses by Blacltx October 15, 2003 (z•evise(1 ,JuJyjL 2010) Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; BIank— Uses prohibited within bl The square footages for all uses shaded in this table shall count towards the retail portion cf the non- residential square maximum established in the Code ofDevelo went in Table I: "Uses Table" BlockGroup I 1 2 3 Rlnek I A 1 B C I D E F G R Semi- detached and attached single - family dwellings such as duplexes, triplexes, quadmplexes, townhouses, atrium houses and patio houses, and accessory apartments. P P P P P B multiple-family dwellings P P P P P S Rental of pennitted residential uses P P P P P Homes for develo mentall disabled persons reference 5.1,07) P P P P P U Boarding houses P P P P P S Tourist lodgings (reference 5,1.17 ) P P P P P E Home occupation, Class A (reference 5.2) P P P P P S Home occupation, Class B reference 5.2) SP SP SP SP SP Accessoiy uses and buildings, including story e.buildin s P P P P P P P Assisted living P P P P P P P Rest home, nursing homes, or convalescent homes P P P P P P P Administrative, business and prAessional offices P P P P P P P Antique, gift, jewelry, notion and craft shops P P P P P P P Auction houses P P P P P P N Automobile laundries P P P P P P 0 Automobile, truck repair shop excluding body shop P H Automobile service stations (reference 5.1.20) P *. Barber, beauty shops P P P P P P P R Body_Shop SP SP SP SP SP SP E Building materials sales P P P P P P S Tier I personal wireless service facilities (reference. 5. 1.40) P P P P P P P I Tier 11 personal wireless service facilities reference 5.1.40 P P P P P P P D Tier III personal,,vireless service facilities reference 5.1,40 SP SP SP SP SP SP SP E Cemeteries N Churches P P P P P P P T Clothing, apparel and shoe shops P P P P P P P I A A Clubs, lodges, civic, fratemal, patriotic reference 5.t.2 P P P P P P P ' Commercial keimels — indoor only (reference 5. 1.11) P P P P P P U Commercial recreation establishments including but not limited to amusement centers, bowling alloys, pool lialls and dance halls P P P P P P P S Comumni , center P P P P P P P E Contractors' office and e ui pment storage yard P I P P P P P P S Convenience stores P P P P P P P Day care child care ormirsery facility reference 5.1.06 P P P P P P P De ailment store P P P P P P P Drive-in theaters Driv -i inflows serving or associated with permitted uses SP SP SP SP SP SP' SP Drug store, Pharmacy P P P P P P P Rating establishment (not including fast food restaurant) P_ P P P P P P Exhibit CODE OP'DEVDLOPMENI TAPPENDIXA— Pet•mitted /Pi,ohibited Uses ))-.Y lilocic (letnher• 75.2003 freiised Juh, 8, 2010 Rev, 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be. applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non- residential square footage maximum established in the Code ofDevelopment in Table I: "Uses Table" Block Group 1 2 3 Block A B C D E F G Electric, gas, oil and cotnmwtieation 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 lilies, 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. P P P P P P P Factory outlet sales — clothing and fabric P P P P P P P Farmers' market (reference 5.1,36 ) P P P P P P P Fast food restaurant P P P P P P P Feed and seed stores (reference 5.1.22 P P P P P P P financial institutions P P P P P P P Fire and rescuesquad stations reference 5.1.09 P P P P P P P Fite extinguisher and security products, sales and service P P P P P P P Florist P P P P P. P P Food and grocery stores including such specialty shops as bakery, candy, milk, dispensary and wine and cheese shops P P P P P P P Funeral homes P P P P P P Furniture and home appliances (sales and service) P P P P P P P Hardware store P I P P P P P P Health club or spa P P P P P P P Heating oil sales and distribution reference 5.1.20 P P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P P P P P P Hospitals SP SP SP SP SP SP SP Hotels, motels and inns P P P P P P P Indoor athletic facilities P P P P P P P Indoor theaters P. P P P P P P Laboratories medical or pharmaceutical P P P P P P P Laundries, dry cleaners P P P P P P P Laundromat (provided that an attendant sliall be on duty at all hours during operation P P P P P P P Libraries, museums P P P P P P P Light Nvareliousing P P P P P P P Livestock sales Machiner and equipment sales, service and rental P P P P P P P Medical center P P P P P P P Mobile home and trailer sales and service Modular building sales Motor vehicle sales, service and rental SP SP SP SP SP SP SP Musical instrument sales P P P P P P P New automotive ants sales P P P P I P P P Newspaper publishing P P P P P P P i Newsstands, magazines, pipe and tobacco shops P I P P P P P P CODE OF DEVELOPMENT APPENDIX A— Pei,initted /Prohibited Uses b- Block *, � ()r +nhPr 1K_ 1nn r, evicerl .3111Nr 8.201011 Rev: 10-21 -13 'NP- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table sliall count towards the retail portion of the non - residential square footage maximum established in the Code of Develo nrent in Table I "Uses Table" Block Group 1 2 3 Block A B C D E F G Office and business machines sales and service P P P P P P P Optical goods sales P P P P P P P Outdoor Amphitheatre with no fixed seats and limited operation such as no loads eskers after I O ni, weekends only, etc. P Outdoor eating establishment or caf6 P I P P P P P P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible From a travelwa SP SP SP SP SP SP SP Parks, playgrounds and civics aces P P P P P P P Photographic goods sates P P P P P P P Private schools P P P P P P P Professional offices, including inedical, dental and optical P P P P P P P Publio and private utilities and infrastructure P P P P P P P 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, public water and saver transmission, main or trunk lines, treatment facilities, pumping stations and the like, Mood and/or operated by the Rivanna Water and Sewer Authorit P P P P P P P Research and develo nient activities including experimental testing P P P P P P P Retail nurseries and greenhouses P P P P P P P Sales & Service of goods associated with principal use P P P P P P P Sales of major recreational a ui ment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, conllnunity fairs, artisan and public open markets, and other pedestrian related events to be conducted oil adjacent private streets P P P P P P P Temporary Events SP SP SP SP SP SP SP Septic tank sales and related services Sportilig goods sales P P P P P P P Stand alone parkin. and arking structures (reference 4.12, 5.1.41 ) P P P P P P P Storinwater management facilities shown on an approved final site ]an or subdivision plat P P P P P P P Swim, golf, tennis or athletic facility P P P P P P P Tailor, seamstress P P P P P P P Temporary construction uses (reference 5.1.18 ) Tem oraly nonresidential mobile homes (reference 5.8) P P P P P P P P P P P P P P Veteruiar Office and Hospital P P P P P P P Visual and audio appliances sales P P P P P P P Warehouse facilities not permitted under section 24.2.1 (reference 9.0) Wayside stands — vegetables and agricultural produce (reference 5.I,19 P P P P P P P Wholesale Distribution 1 411 1 @2 99 SP 1 6 6 6 95 5- 9.�,DDC * The Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will operate as an accessory use to a larger retail user within Land Bav F. The Fuel Facility area will-be limited to the dispensing of retail windshield wiper fluid). All other elements of the Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. NO �!I��itl lr�R�t1' 1s COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 November 25, 2013 Steven F. Teets, L.S. 7200 Wisconsin Ave #400 Bethesda, Md 20814 RE: ZMA201300009 /Albemarle Place /Stonefield Proffer Amendment TAX MAP 61W /SECTION 3 /PARCELS 19A, 19B, 23, 24 and 25 Dear Mr. Teets: On November 13, 2013, the Board of Supervisors approved the above noted NMD rezoning application subject to the application plan dated October 21, 2013, code of development dated October 21, 2013 and attached proffers dated November 13, 2013. Please refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved may lawfully begin until ali applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with requirements of the CODE OF DEVELOPMENT; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Before proceeding; with further use of this property or should you have questions regarding the above - noted action, please contact Rebecca Ragsdale at 296 -5832. Sincerely, V. Wayne Cili berg Director of Pla ning CC: Albemarle Place EAA P O Box 528 Columbia Sc 29202 fF1 l} q TO .1 Rt CODE OF DEVELOPMENT APPENDIX A -- Perinitted/Prohibited Uses by Block October 15, 2003 (reviser:] ,Mir r 2010) Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within bl The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square maximum established in the Code ofDevelopment in Table 1: "Uses Table Block Group 1 2 3 Block I A I B C D I B I F I G R Semi- detached and attached single- family dwellings such as . duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses, and accessory a ailments. P P P P P B Multi le- family dwellings P P P P P S Rental of permitted residential uses P P P P P Homes for developmentally disabled persons (reference 5. 1,07) P P P P P U Boarding houses. P P P P P S Tourist lod hr s (reference 5.1.17) P P P P P B Home occupation, Class A (reference 5.2 ) P P P P P S Home occupation, Class B (reference 5.2) SP SP SP SP SP Accessory uses and buildings, including storage. buildings P P P P P P P Assisted living P 11 P P P P P P Rest borne, nursing homes, or convalescent homes P P P P P P P Administrative, business and grofessional offices P P P P P P P Anti ue, ift, jewelry, notion and craft shops P P P P P P P Auction houses P P P P P P N Automobile laundries P P P P P P 0 Automobile, truck repair shop excluding body shop P N Automobile service stations.(reference 5.1.20) P* Barber, beauty shops P P P P P P P R Body Shop SP SP SP SP SP SP E Building materials sales P P P P P P S Tier I personal wireless service facilities (reference. 5.I.40) P P P P P P P I Tier II personal wireless service facilities (reference 5.1.40) P P P P P P P D Tier III personal wireless service facilities (reference 5.1,40 ) SP SP SP SP SP I SP SP S Cen)eteries 11 Churches P P P P P P P T Clothing, apparel and shoe shops P P P P P P P I A Clubs, lodges, civic, fraternal, patriotic (reference 5:1.2) P P P I P P P P C Commercial keimels — indoor only (reference 5. 1.11) P P P P P P U Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls P P P P P P . P S Comumni r center P P P P P. P P g Contractors' office and equipment story e yard P P P P P P P g Convenience stores P P P P P P P Day care, child care, or nursery facility (reference 5.1.06) P P P P P P P De artnrent store P P P P P P P- Drive -in theaters Driv ,-iA indows serving or associated with permitted uses SP SP I SP SP SP SP SP Drug store, PharmaCY P P P I P P P P Eatin? establishment (not including fast food restaurant) P P P I P _ _ P P P Exhib!tB L. t � CODE OF DEVELOPMENT APPENDIX A — Permitfed/Pi•ohibited Uses by Blo cI0 October 15, 2003 (revised , my g, 201.0 Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square.footage maximtun established in the Code of Development in Table I: "Uses Table" Block Group 1 2 3 P Block A B C D E F G P P Electric, gas, oil and communication facilities, excluding tower P P Hardware store P P P P P P structures and including poles, lines, transformers, pipes, meters and Health club or spa P P P P P P P Heating oil sales and distribution reference 5.1.20 related facilities for distribution of local service and owned and P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P operated by a public utility. Water distribution and sewerage P P P P Hospitals SP SP SP SP collection lines, pumping stations and appurtenances owned and P P. P P P P P P P operated by the Albemarle County Service Authority. Except as Indoor athletic facilities P I P P P P P P Indoor theaters otherwise expressly provided, central water supplies and central P P P P P P Laboratories medical or pharmaceutical P P sewerage systems in conformance with Chapter 16 of the Code of P .P. P P Laundries, dry cleaners P P P P Albemarle and all other applicable law. P P Laundromat (provided that an attendant shall be on duty at all hours during operation) P P P P P P Factory outlet sales— clothing and fabric P P P P P P P P Light warellousing • • P- P ►' E P P Livestock sales Farmers' market (reference 5136) P P P P P P P P P Fast food restaurant P P P P P P P P P Feed and seed stores (reference 5,1.22) P P P P P P P Modular buildnug sales Financial institutions P P P P P P P SP SP Fire and rescuesquad stations (reference 5.1,09) P P P P P P P P P Fire extinguisher and security roducts, sales and service P P P P P P P P P Florist P P P P P. P P P Newsstands, maaazines, gape and tobacco shops Food and grocery stores including such specialty shops as bakery, P P P P P P P candy, milk, dispensary and wine and cheese shops Funeral homes P P P P P P Furniture and home appliances (sales and service) P P P P P P P Hardware store P P P P P P P Health club or spa P P P P P P P Heating oil sales and distribution reference 5.1.20 P P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P P P P P P Hospitals SP SP SP SP SP SP SP Hotels, motels and inns P I P P P P P P Indoor athletic facilities P I P P P P P P Indoor theaters P. P P P P P P Laboratories medical or pharmaceutical P P P P .P. P P Laundries, dry cleaners P P P P P P P Laundromat (provided that an attendant shall be on duty at all hours during operation) P P P P P P P Libraries, museums P I P P P P P P Light warellousing P P P P P P P Livestock sales Machinery and a ui nient sales, service and rental P P P P P P P Medical center P P P P P P P Mobile home and trailer sales and service Modular buildnug sales Motor vehicle sales, service and rental SP SP SP SP SP SP SP Musical instrument sales P P j P P P P P New automotive parts sales P P P P P P P Newspaper publishing P P P P P P P Newsstands, maaazines, gape and tobacco shops P P P _ P P P P 2 L CODE OF DEVELOPMENT APPENDIX A = Permitted /Prohibited Uses by Block-* October 15, 2003 (revised ,J t r 8 2010 Rev: 10 -21 -13 *P- Perinitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank - Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table Ic "Uses Table" Block Group P 1 2 3 P Block A B C D E F G P P Office and business machines sales and service P P P P P P P P P Optical goods sales P P P P P P P P Outdoor Amphitheatre with no fixed seats and limited operation (such as no loudspeakers after 10 m, weekends only, etc.)' P P P School of special instruction Outdoor eating establishment or cafd P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and other pedestrian related events to be conducted on adjacent private streets P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible from a travelwa SP SP SP SP SP SP SP SP SP Parks, playgrounds and civics aces P P P P P P P Photographic goods sales P P P P P P P P P Private schools P I P P P P P P P P Professional offices, including medical, dental and optical P P P P P P P P P Public and private utilities and infrastructure P P P P P P P P 1665955 �,�.DOC * The Automobile Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will .operate as an accessory use to a larger retil user within Land -Bay F-The Fuel - Facility area wi11 -be limited- to-the dispeasing -of retail motor fuels and retail sale of lubricants (such as motor oil, coolants, brake fluid and windshield wiper fluid). All other elements of the Automobile Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. 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, 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 P P P P P P P Research and development activities including experimental testing P I P P P P P P Retail nurseries and greenhouses P P P P P P P Sales & Service of goods associated with principal use P P P P P P P Sales ofnia'or recreational a ui ment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and other pedestrian related events to be conducted on adjacent private streets P P P P P P P Temporary );vents SP SP SP SP SP SP SP Septic tank sales and related services Sportbig goods sales P P P P P P P Stand alone parking and parkhig structures (reference 4.12, 5.1.41 ) P P P P P P P Storrnwater management facilities shown on an approved final site lan or subdivision plat P P P P P P P Swim, golf, tennis or athletic facility P I P P P P. P P. Tailor, seamstress P P P P P P P Temporary construction uses (reference 5.1.18) P P P P P P P Temporary nonresidential mobile homes (reference 5.8 ) P P P. P P P P Vete rinary Office and Hospital. P P P P P P P Visual and audio appliances sales P P P P P P P Warehouse facilities not permitted under section 24.2.1 (reference 9.0) Wayside stands - vegetables and agricultural produce (reference 5.1.19) P P P P P P P Wholesale Distribution SP .8p SR 'sR 1665955 �,�.DOC * The Automobile Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will .operate as an accessory use to a larger retil user within Land -Bay F-The Fuel - Facility area wi11 -be limited- to-the dispeasing -of retail motor fuels and retail sale of lubricants (such as motor oil, coolants, brake fluid and windshield wiper fluid). All other elements of the Automobile Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. Albemarle Place /Stonefield PROFFER FORM AMENDMENT TO PROFFERS Date: November 13, 2013 ZMA # 2013 -00009 Albemarle Place /Stonefield Tax Map and Parcel Numbers: 061WO- 03- 00 -019AO (as it has been subdivided), 061W0 -03- 00 -019BO (as it has been subdivided), 061WO- 03 -00- 02300, 061W0- 03 -00- 02400, and 61WO- 03-00 -02500 65.034 Acres zoned Neighborhood Model District (NMD) to be rezoned to Neighborhood Model District (NMD) This instrument amends those certain Proffers dated March, 13, 2012, for ZMA # 2011 -00007 Albemarle Place /Stonefield ( "ZMA 2011 Proffers "). Except as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. Albemarle Realty (E &A), LLC, a South Carolina limited liability company, is the owner of a parcel of land that were subdivided from tax map parcel 061 WO- 03- 00- 019BO, which parcel is shown as "Lot D2 ", containing 5.487 acres, each on a plat entitled "Plat Showing Subdivision of Stonefield, Jack Jouett Magisterial District, Albemarle County, Virginia" dated July 15, 2011, last revised November 10, 2011, prepared by W.W. Associates, which plat is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4135, page 215 (the "Lot D Parcel Subdivision Plat "). The Haven at Stonefield, LLC, a South Carolina limited liability company, is the owner of a parcel of land that was subdivided from tax map parcel. 061 WO- 03- 00- 019BO, which parcel is shown as "Lot E2" containing 7.638 acres, on the Lot D Parcel Subdivision Plat. MacFarlane Stonefield, LLC a Virginia limited liability company, is now the owner of a parcel that also was subdivided from tax map. parcel 061 WO- 03- 00- 019BO, which parcel is shown as "Lot D3 ", containing 1.010 acres, on the Lot D Parcel Subdivision Plat. Albemarle Place EAAP, LLC, a Delaware limited liability company, is the fee simple owner of tax map parcels 061 WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO- 03 -00- 02500, and the residual portions of tax map parcels 061 WO- 03- 00 -019BO and 061 WO- 03- 00 -019AO that were not conveyed to either Albemarle Realty (E &A), LLC, MacFarlane Stonefield, LLC, or The Haven at Stonefield, LLC. For the purposes of these proffers, Albemarle. Place EAAP, LLC, MacFarlane Stonefield, LLC, The Haven at Stonefield, LLC, and Albemarle Realty (E &A), LLC are collectively referred to herein as (the "Owner "). The term "Owner" as referenced herein shall include within its meaning the owner of record and successors in interest. 00- 02500, and -061 W0= 03- 00=0T9B0- (including the lots created - there from pursuant to the Lot D Original Proffer: Amendment: X Parcel Subdivision Plat) (collectively, the "Property "), are the subject of zoning map amendment application number ZMA 2011 -00007 originally submitted as "Albemarle Place Proffer Amendment," which application name has been renamed to "Stonefield:" Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers the conditions listed in this proffer statement, which shall be applied to the Property if the rezoning is approved by Albemarle County. These conditions are proffered as part of the rezoning and it is acknowledged that the conditions are reasonable. The. Albemarle Place /Stonefield project was originally approved by the County Board of Supervisors on October 22, 2003 as ZMA 2001 -007, along with proffers from the prior owner dated October 22, 2003, and a Code of Development prepared by The Cox Company, dated October 15, 2003 (the "Code of Development "). The'Code of Development is hereby amended to substitute the Appendix A, attached hereto in place of the Appendix A from the 2003 document. The Code of Development includes an application plan (the "Application Plan "). The term "Application Plan" henceforth shall refer to the Exhibit A attached hereto which is captioned: "Albemarle Place Town Center, Also known as Stonefield, Albemarle County, Virginia, Amended Application Plan — Full Build, Exhibit A, dated 10 -21- 2013." The improvements proposed for the Property are collectively referred to as the "Project." Except. as expressly amended herein, the ZMA 2011 Proffers shall remain unchanged and to the extent that any terms, conditions and obligations contained in the ZMA 2011 Proffers have not been fully met, such terms, conditions and obligations shall remain in full force and effect. (Signature Pages Immediately Follow) 0 Original Proffer: Amendment: X WITNESS the following signatures: ALBEMARLE PLACE EAAP, LLC, a Delaware limited liability company ALBEMARLE REALTY (E &A), LLC, a South Carolina limited liability company By: Edens Realty, Inc., a South Carolina corporation, its Sole member 3 Original Proffer: Amendment: X THE HAVEN AT STONEFIELD, LLC a South Carolina limited liability company By: Printed Name: U Pei OM A �� G Title: �1-11 MACFARLANE STONEFIELD, LLC a Virginia limited liability company am Printed Name: Title: 4 Original Proffer: Amendment: X THE HAVEN AT STONEFIELD, LLC a SOLIth Carolina limited liability company By: Printed Name: Title: MACFARLANE STONEFIELD, LLC a Virginia limited liability company By, Printed Name: OIAAN 1-( >) Title: ,'� d !' t� / �'�� l x✓ Original Proffer: Amendment: X Exhibit A Application Plan IX....... 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RU_ ALSO KNOW AS: STONEFIELD a JAY /v REG ALBEMARLE COUNTY VA DRAIVING NUI!FEF: TITLE., AMENDED APPLICATION PLAN - FULL BUILD C-1 HFW EXHIBITA M11/1 W.W.BER FILE DIS,-IPLINE: �: CATE: SHEE7. NUIABEP� 213042.11 304211C -ZMA XHBT2.d,gl CIV L �S�A I' =100' 10-21-2013 k/T A 1 of 1 h10. I 511= R01,5101.1 By 04- r-10. "I"T '�EVIWIN By Original Proffer: Amendment: X Appendix A Al NT, CODE OF DEVELOPMENT APPENDIX A -- Permitted/Prohibited Uses by Block October 15, 2003 (revised ,JMIYJL 2010) Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within bl The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square maximum established in the Code ofDevelopment in Table I: "Uses Table" BlockGroup 1 1 2 3 Block I A 1 B 1 C I D E F I G P a P m 0 i7 P P P 0 0 0 0 0 0 0 P T P P P P P Detached single family P P P P R Semi- detached and attached single- family dwellings such as duplexes, triplexes, quadmplexes, townhouses, atrium houses and patio houses, and accessory apartments. P P P I P E Multiple-family dwellings P P P P S Rental of permitted residential uses P P P P Homes for developinentally developmentally disabled persons reference 5.1,07) P P P P U Boarding houses P P P P S Tourist lodgings (reference 5,1.17 ) P P P P E Home occu atian Class A (reference 5.2) P I P P P S Home occupation, Class B reference 5.2) SP I SP SP SP D Accessor y uses and buildings, including story e.buildin s P P P P E Assisted living P P P P N Rest home, nursing homes, or convalescent homes P P P P T Administrative, business and professional offices P P P P I A Clubs, lod es, civic, fratemal, patriotic reference 5.1.2 P P P P Antique, gift, jewelry, notion and craft sho m P P P P P a P m 0 i7 P P P 0 0 0 0 0 0 0 P T P P P P P Auction houses P P P P N Automobile laundries P P P P 0 Automobile, truck repair shop excluding body shop P P P P P P H Automobile service stations (reference 5.1.20) Barber, beauty shops P P P P R Body Shop SP I SP SP SP E Building materials sales P P P P S Tier I personal wireless service facilities (reference. 5. 1.40) P P P P I Tier 11 personal wireless service facilities reference 5.1.40 P P P P D Tier III ersonal wireless service facilities reference 5.1.40 SP SP SP SP E Cemeteries N Churches P P P P T Clothing, apparel and shoe shops P P I P P I A Clubs, lod es, civic, fratemal, patriotic reference 5.1.2 P P P P Commercial kernels — indoor only (reference 5. 1.11) P P P P L U Commercial recreation establishments including but not limited to amusement centers, bowling alloys, pool balls and dance halls P P P P S Community center P P P P E Contractors' office and eg ui men t storage yard P P P P S Convenience stores P P P P Day care child care ormirsery facility reference 5.1.06 P P P P De ailment store Drive-in theaters P P P P Driv -i indows serving or associated with 2armitted uses SP SP SP SP Drug store, Pharmacy P P P P Eating establishment (not including fast food restaurant P P P P P a P m 0 i7 P P P 0 0 0 0 0 0 0 P T P P P P P P P P P P P P P P P P P P P P SP SP SP P P P P P P Exhibit$ CODE OF DEVELOPMENITAPPENDIXA— Pei-mitted/Pz•oWbited Uses bylfloci(K' October 15,2003 (>t•evised , t L8'20X0 Rev: 10 -21 -13 *P- Permitted uses by block; SP -Uses that may be, applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table I: "Uses Table" Block Group 1 2 3 Block A B C D E F G 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. P P P P P P P Factor outlet sales — clothing and fabric P P P P P P P Farmers' market (reference 5.1,36 ) P P P P P P P Fast food restaurant P P P P P P P Feed and seed stores (reference 5.1.22 P P P P P P P Financial institutions P P P P P P P Fire and rescuesquad stations reference 5.1.09) P P P P P P P Fire extinguisher and security roducts sales and service P P I P P P P P Florist P P P P P. P P Food and grocery stores including such specialty shops as bakery, candy, milk, dispensary and wine and cheese shops P P P P P P P Funeral homes P P P P P P Furniture and home appliances (sales and service) P I P P P P P P Hardware store P I P P P P P P Health club or spa P P P P P P P Heating oil sales and distribution reference 5.1.20 P P P P P P P Home and business service such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance P P P P P P P Hospitals SP SP SP SP SP SP SP Hotels, motels and ions P P P P P P P Indoor athletic facilities P P P P P P P Indoor theaters P. P P P P P P Laboratories medical or hartnaceutical P P P P .P P P Laundries, dry cleaners P P P P P P P Laundromat (provided that an attendant shall be on duty at all hours during operation P P P P P P P Libraries, museums P P P P P P P Light Nvarehousin P P P P P P P Livestock sales Machiner and a ui rtnent sales, service and rental P P P P P P P Medical center P P P P P P P Mobile home and trailer sales and service Modular build•uig sales Motor vehicle sales, service and rental SP SP SP SP SP SP SP Musical instrument sales P P P P P P P New automotive pails sales P P P P P P P Newspaper publishing P P P P P P P Newsstands, magazines, pipe and tobacco shops P P T77-1 P P P P t ,y CODE OF DEVELOPMENT APPENDIX A— Pei,initted /P1-obibited Uses n a by Block * 1. . -1 r 1nna r,I ".—t Y7Av R Tni11 Rev: � 10 -G1 -1J "p- Permitted uses by block; SP -Uses that may be applied for via Special Use Permit; Blank— Uses prohibited within block. The square footages for all uses shaded in this table shall count towards the retail portion of the non - residential square footage maximum established in the Code of Development in Table I; "Uses 'Table" Block Group 1 2 3 Block A B C D E F G Office and business machines sales and service P P P P P P P Optical goods sales 1, P P P P P P Outdoor Amphitheatre with no fixed seats and limited operation such as no loudspeakers after 10 m, weekends only, etc. P Outdoor eating establishment or cafd P P P P P P P Outdoor storage, display and/or sales serving or associated with a by -right permitted use, if any portion of the use would be visible from a travelwa SP SP SP SP SP SP SP Parks, playgrounds and civics aces P P P P P P P Photo ra 11ic goods saLes P P P P P P P Private schools P P P P P P P Professional offices, including medical, dental and optical P P P P P P P Public and private utilities and infrastructure P P P P P P P Public uses and buildhrgs, including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state, or federal agencies, 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 Authorit P P P P P P P Research and development activities including experimental testing P P P P P P P Retail nurseries and greenhouses P P P P P P P Sales & Service of goods associated with p rinci al use P P P P P P P Sales of major recreational a ui ment and vehicles P P School of special instruction P P P P P P P Seasonal and periodic events such as holiday festivals, community fairs, artisan and public open markets, and other pedestrian related events to be conducted oil adjacent private streets P - P P P P P P Temporary Events SP SP SP SP SP SP SP Septic tank sales and related services S ortht goods sales P P P P P P P Stand alone parking and parking structures (reference 4.12, 5.1.41 P P P P P P P Storrnwater management facilities shown on an approved final site ]an or subdivision plat P P P P P P P Swim, golf, tennis or athletic facility Tailor, seamstress P P P P P P P P P P P P P P Tem oraty construction uses (reference 5.1.18 ) Tem oraty nonresidential mobile homes (reference 5.8 ) P P P P P P P P P P P P P P Veterivar Office and Hospital P P P P P P P Visual and audio appliances sales P P P P P P P Warehouse facilities not permitted under section 24.2.1 (reference 9.0) Wayside stands — vegetables and agricultural produce (reference 5.1,19 P P P P P P P Wholesale Distribution 81Z SP �Sp sp SP I SP SP 1666955- 9.9i,D0C * The Service Station use on Land Bay F shown on the Application Plan at F5 will be limited to a Fuel Facility which will operate as an accessory use to a larger retail user within Land Bay F. The Fuel Facility area will-be limited to the dispensing of retail windshield wiper fluid). All other elements of the Service Station use, as defined by the Zoning Ordinance, will not be allowed on F5. AL8�,�9 U G1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 October 25, 2013 Steven F. Teets, L.S. 7200 Wisconsin Ave #400 Bethesda, Md 20814 RE: ZMA201300009 /Albemarle Place /Stonefield Proffer Amendment TAX MAP /PARCEL: 061WO- 03- 00- 019AO, 061WO- 03- 00- 019BO, 061WO- 03 -00- 02300, 061 WO- 03 -00- 02400, 061 WO -03 -00 -02500 Dear Mr. Teets: The Albemarle County Planning Commission, at its meeting on October 8, 2013, by a vote of 7:0, recommended approval of the changes to the Application Plan to address technical issues /corrections; and to include the additional provision that the service station use will be restricted to Block F and the Code of Development will be further revised to limit the service station use to be accessory to a primary retail use of the above -noted petition to the Board of Supervisors. • The Commission asked the applicant and staff to work out the internal transportation issues before the Board meeting or provide the flexibility for them to be addressed at site plan level. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 13, 2013. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at (434) 296 -5832. Sincerely, Sarah Bald ' Planner Planning Division '. CC: Albemarle Place EAAP LLC P O Box 528 Columbia Sc 29202