Date of Proffer Signature: _6.8.04__________

ZMA # 2003-012

Tax Map 60 and Parcel Numbers 32, 33 and 34


6.652 Acres to be rezoned from R-1 (Residential) to PRD (Planned Residential Development)


Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned with the offered plans approved for development.  These conditions are proffered as a part of the requested rezoning and it is agreed that:  (1) the rezoning itself gives rise to the need for the conditions; and  (2) such conditions have a reasonable relation to the rezoning request.


(1)    The development on Tax Map 60 Parcel Numbers 31, 32, 33 and 34 shall be in general accord with the plan produced by Terra Partners, LLC, dated December 19, 2003, revised April 23, 2004  entitled “The Stillfried Lane Townhomes at Poplar Glen”, herein referred to as the application plan, (sheets 2 of 3 and 3 of 3).

(2)    No building permit shall be issued unless and until the Director of Planning and Community Development, or his assigns, determines that the building facades are in general accord with the architecture plans produced by Bosserman Design/Development, dated 10/29/03, last revised 12/22/03, entitled “Poplar Glen, Stillfried Lane Townhomes”, sheets p-1, p-2, and p-3.  The façades shall be determined to be in general accord if the architecture implements features that break up the massing of the building, such as the porches, porticos, variations in building materials, and gables which break up the rooflines

(3)    The owner shall avoid cutting all trees (greater than six (6) inches diameter at breast height) in the area labeled Conservation Area on the Application Plan.

(4)    The owner shall bury all utilities on the project site during the construction of the townhouses, including those utilities (electric, telephone, sewer and water) serving the UVA Cochran House on Tax Map 60 Parcel 34A, prior to issuance of the first Certificate of Occupancy for any dwelling unit.

(5)    The owner shall contribute a total of $26,000 cash to the County for funding of park and/or pedestrian projects of the County's choosing, identified in the County's capital improvement program, prior to or at the time of the issuance of first Building Permit for any dwelling unit.  If this cash contribution has not been exhausted by the County for the stated purpose within ten (10) years from the date of the contribution, all unexpended funds shall be refunded to the owner.



____________________________    ____Vito Cetta_______________       _________________

Signatures of All Owners                       Printed Names of All Owners                            Date


___________________________       ________________________            ______________



___________________________         ____________________                   _______________

Signature of Attorney-in-Fact                             Printed Name of Attorney-in-Fact

(Attach Proper Power of Attorney)


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