Original Proffer _X____

Amended Proffer ____

(Amendment # _____)





ZMA #             2004-011                    

Tax Map and Parcel Number(s)            TMP 78-4B and TMP 78-4A1           


            2.142   Acres to be rezoned from        C-1      to        HC      


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. 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 TMP 78-4B and TMP 78-4A1 shall be in general accord with the plan produced by Terra Partners, LLC, dated October 19, 2004, last revised October 10, 2005, entitled “Williams Property”, herein referred to as the plan. 

2.      Permitted by right uses of the property shall be only those two use classifications identified in the following sections of the Albemarle County Zoning Ordinance in effect on July 13, 2005, a copy of which is attached hereto:

            1.         Sec. 18-24.2.1(22)      Machinery and equipment sales, service and rental.

            2.         Sec. 18-24.2.1(41)      Uses permitted by right pursuant to subsection                                             22.2.1 of section 22.1, commercial, C-1. 

      This proffer shall not be construed so as to prohibit any use permitted by special use permit authorized by Albemarle County Zoning Ordinance § 24.2.2.

3.  No building permit shall be issued unless and until the Director of Planning, or his assigns, determines that those building facades that are not governed by a certificate of appropriateness issued by the Albemarle County Architectural Review Board are in general accord with the building elevations prepared by C.W. Hurt Contractors, dated December 28, 2004, entitled “C’ville Power Equipment,” (the “building elevations”) attached hereto.  The facades shall be determined to be in general accord if the form, massing, character and detailing conform in all material respects to the building elevations.

4.  In the area shown as landscaped with a double row of wax myrtles on the Landscape Plan, prepared by Terra Partners and dated October 12, 2005, the owner  shall install and maintain landscaping pursuant to Section The  landscaping  shall be of a quantity, size and variety of species that screen s   the development and parking on TMP 78-4B from Free Bridge Lane and the RA District on the opposite side of Free Bridge Lane, as determined by the Director of Planning  in consultation with the Albemarle County Design Planner. This landscaping shall be shown on the site plan for the development on TMP 78-4B and  be installed in conjunction with the improvements for TMP 78-4B.



____________________              _____________________________              _________

Signatures of All Owners                      Printed Names of All Owners                           Date

____________________              _____________________________              _________

Signatures of All Owners                      Printed Names of All Owners                           Date

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