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ZMA202000011 Resubmittal 2021-01-15 (2)Original Proffers X Amendment PROFFER STATEMENT ZMA 2020-00011 Project Name: Premier Circle Tax Map and Parcel Number(s): 061MO-00-00-00600 Owner of Record: Tiota, Ltd. Date: , 2021 Approximately 3.75 acres to be rezoned from C-1 Commercial to NMD — Neighborhood Model Development Tiota, Ltd. is the sole owner (the "Owner") of Tax Map Parcel Number 06 1 MO-00-00-00600 (the "Property"), which is the subject of rezoning application ZMA 2020-00011, a project known as "Premier Circle" (the "Project"). The Project's conceptual plan, dated September 21, 2020, last revised January 4, 2021, prepared by BRW Architects and Timmons Group, is entitled, "Premier Circle, ZMA 2020-00011, County of Albemarle, Virginia, Rio District" (the "Concept Plan"). A Code of Development, drafted by BRW Architects in accordance with Section 20A.5 of Chapter 18 of the Code of Albemarle, Virginia, specific to Tax Map parcel 061 MO-00-00-0600, is entitled, "Premier Circle, ZMA 2020-00011," dated September 21, 2020, last revised January 15, 2021. Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily proffers 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 Owner acknowledges that the conditions are reasonable: 1. Premier Circle Improvements: (a) To contribute to traffic safety, the Owner shall restripe the centerline and stop bars at each end of Premier Circle in accordance with VDOT standards. The Owner shall complete such restriping no later than thirty (30) days after the County has issued a Certificate of Occupancy for the building(s) constructed in Phase I of the Project. (b) Within thirty (30) days of its receipt of a land disturbance permit for the Project from the County, the Owner shall trim vegetation obstructing free vehicular passage over the Premier Circle right-of-way, and, throughout the existence of the Project, shall ensure that Premier Circle is kept clear of limbs and other vegetation that may impede safe passage over the road. (c) No later than thirty (30) days following its receipt of a land disturbance permit for the Project from the County, the Owner shall install a stop sign at the southern termination of Premier Circle at its intersection with U.S. Route 29 North (Seminole Trail). (d) Following site plan approval, the Owner shall construct sidewalks in the Premier Circle right-of-way to connect the entrance of the Project to the existing sidewalk system along the frontage of the Property on U.S. Route 29 North (Seminole Trail) and to the location of the potential transit stop described in the proffer below. The general location of the sidewalks within the Premier Circle right-of-way is shown on Sheet 5 of the Concept Plan. Should the transit stop be relocated to a different location in front of the Project, the Owner shall ensure that the sidewalk along Premier Circle connects to the transit stop. (e) The Owner shall use its best efforts to gamer support of the owners' association established by the Declaration, dated November 1, 1983, recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 797, page 242 (the "Declaration") to amend and/or restate the Declaration to upgrade the road standard, specify members' obligations to contribute to road maintenance, and add association governance provisions. 2. Transit Stop. Following commencement of construction of Phase I of the Project, upon demand by the County of Albemarle, the Owner shall construct a Charlottesville Area Transit (CAT) stop (the "Transit Stop") on the Property. The Transit Stop shall be designed and constructed in coordination with, and shall be approved by, the appropriate County authority and CAT and shall incorporate pedestrian access and signage consistent with similar existing CAT transit stops. The Owner shall dedicate any such portion of the Transit stop located on the Property to public use or grant an easement as necessary to allow for the public access and usage of the Transit Stop. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.] Signature Page for Proffer Statement for Premier Circle, ZMA 2020-00011 TMP 061MO-00-00-00600 C111AIAMNA TIOTA, LTD., a Virginia corporation Christopher S. Tyler, President 44247462v1