Original Proffer __X___

Amended Proffer ____

(Amendment # _____)



Date:                   10/12/05      

ZMA #             2004-0012      

Tax Map and Parcel Number(s)            TMP 78-55A4 and TMP 78-55D       



            4.9       Acres to be rezoned from        R-15, R-6, & C-1        to        PD-MC          


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 location of the structures relative to the exterior public streets, ingress and egress points, and sidewalks  to the exterior public streets, ingress and egress points, and sidewalks shown on the application plan may not be varied under Albemarle County Code § 18-, in effect on October 12, 2005, a copy of which is attached hereto as Attachment C, from that as shown on the plan produced by Rivanna Engineering, dated October 13, 2004, last revised July 27, 2005, entitled “Application Plan for Luxor Commercial Center”, herein referred to as the “Application Plan”.

2.      Permitted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in Albemarle County Code § 18-22  in effect on October 12, 2005, a copy of the section being attached hereto as Attachment C, except the following:

a. The following retail sales and service establishments:

3. Department store.

15. Retail nurseries and greenhouses.

b. The following services and public establishments:

3. Cemeteries.

9. Indoor theaters.

11. Laundromat (provided that an attendant shall be on duty at all hours during operation).

16. Automobile service stations (reference 5.1.20).

22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)


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 “Perspective View from Route 250 Looking NW,” prepared by Bob Anderson and dated January 19, 2005, which  is attached hereto as Exhibit C.  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.  The exterior colors of the buildings shall be earth tone.

4.      A plaza shall be provided between the two larger buildings fronting Route 250.  This space shall be no smaller than shown on the Application Plan and shall include outdoor amenities (e.g., landscaping, sidewalks, benches, tables). There will be a pedestrian passage that connects the plaza and the parking lot behind the buildings.  This passage shall be a minimum of 20-feet wide and may have a roof and support structures (e.g. columns), but shall remain open on two sides (i.e., shall not have walls, windows or doors).  A certificate of occupancy for buildings four and five will not be issued until the plaza between these buildings is constructed. The plaza will be constructed of concrete. The plaza material may be altered if approved by the Director of Planning.

5.      Prior to the first final site plan approval, the owner shall submit a tree conservation plan (the “plan”) prepared by a state certified arborist for the two large existing evergreen trees in the southeastern corner of the site, as shown on the plan. The plan shall be submitted to the Director of Planning for review and approval to assure that all applicable requirements have been satisfied.  The plan shall specify tree protection methods and procedures, including fertilizing, tree protection fencing and mulching.  The approved plan shall be complied with during and after development of the property.  When the  plan is submitted, the owner also shall submit a bond or other form of surety in an amount of $2,000 to guarantee the replacement of one or both trees in the event that either or both die or are damaged for a period of 2 years after  approval of the final site plan for the land on which the two trees are located. The bond or other surety shall be in a form acceptable to the County Engineer and the County Attorney. The location of any sidewalk or any other improvements within 15 feet of either of the trees shall be subject to design review during review of the first preliminary site plan for the land on which those sidewalks, other improvements, or the two trees are located t by the Director of Planning.

6.      The Owner of TMP 78-55A4 shall construct a two lane road between the Rolkin Road Roundabout and the eastern boundary line of the site, as generally depicted on the Application Plan and labeled “Aunt Sarah’s Lane.”  This road shall be constructed in conjunction with the first final site plan approved for the area under this rezoning  and shall meet VDOT design and construction standards.  The purpose of this road shall be to provide for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117) intersection.  In conjunction with the approval of the first final site plan approved for the property, the Owner of TMP 78-55A4 shall reserve the necessary right of way of the two lane road, including all necessary drainage easements, for future dedication to the County and will dedicate this right of way upon demand by the County. A plat showing future dedication to be accepted by the Board will be prepared at the Owner’s expense. 

7.      The Owner of TMP 78-55A4 shall construct a five (5) foot wide pedestrian asphalt path from Aunt Sarah’s  Lane to the property’s common line with Westminster Canterbury in the general location shown on the Application Plan.  The purpose of this path shall be to facilitate an ultimate pedestrian connection to Westminster Canterbury.  This path shall be constructed in conjunction with the first final site plan approved for the property.

8.      The Owner of TMP 78-55A4 shall provide a bicycle rack to hold at least 5 bicycles at a location on TMP 78-55A4 to be determined with the first site plan approved for the property.  The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on the property.

9.      At such time as a public road interconnection is made between the Route 250/ State Farm Boulevard (Route 1117) intersection and the two lane road referenced in Proffer No.6 the Owners of TMP 78-55A4 and TMP 78-55D, and any parcel(s) of record which may be created therefrom in the future shall close the ingress into their parcels at the current Aunt Sarah’s entrance on Route 250.


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