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Home My WebLink AboutSDP201800080 Other 2004-04-21_ SMA: q6 ~off yof Al y Y 1 ��RGIN�P~ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-45% (804) 296-5823 July 25, 1996 Donald J. Wagner P. O. Box 5526 Charlottesville, VA 22905 RE: ZMA-96-04 Encore Investments Limited Partnership Tax Map 61, Parcels 124A, 124B and 124C Dear Mr. Wagner: The Albemarle County Board of Supervisors, at its meeting on July 17, 1996, approved the above -noted request to rezone approximately 11 acres from CO and R-10 to PD -MC. Please note that this approval is subject to the attached proffers. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, V. Wayne Cilimbe Director of Planni mmunity Development V WC/jcf cc: Ella Carey Jo Higgins Amelia McCulley 0 • 7 • Original Proffer Amended Proffer (Amendment # ) PROFFER FORM Date: G ZMA #-9&-- /, �Tax Map Parcel(s) # G Acres to be rezoned from �— to (2 —At' �.. 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 requested. (1) '�jf'C (F V `;='lLj CF CNS Slgnatures of All OwnersAt Printed Names of All Owners Date C� fid, C� OR' Signature of Attorney -in -Fact (Attach Proper Power of Attorney) PROFFORM.WPO Rev. December 1994 Printed Name of Attomey-in-Fact t Original Proffer Amended Proffer (Amendment PROFFER FORM Dale: 7/10/96 ZMA # 96-04 Tax Map Parcel(s) # 61-124A, 124B, 124C 7' 84 Acres to be rezoned from R-10 to PD -MC 3.24 Co. of PD—MC Pursuant to Section 33.3 of the Albemarle County Zonino "O'rdinance, '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 requested. (�) SEE REVERSE Encore Investors Ltd. Partnership Slpnatures of All Owners Printed Names of All Owners Dale By: Great Eastern Management Co_1 General Pa tner _7 / ��--� l r /2-6 By: Donald Vagner, esident Signature of Attorney -in -Fact Printed Name of Attorney-in-fact (Attach Proper Power of Attorney) PROFFORM.WPO 1. Only the following uses shall be permitted as a matter of right: a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it odm on June 10, 1996, a copy of which is attached. b. Office and business machine sales and services, as permitted under Section 24.2.1.29 of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, a copy of which is attached. C. Barber and beauty shops, as permitted under Section 22.2.1.b.2, and health spas, as permitted under Section 22.2.Lb. 8, of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, a copy of which �? is attached hereto. 2. Except as expressly permitted as a matter of right pursuant to Proffer 1, all uses otherwise permitted as a matter of right in Sections 22.2.1 and 24.2.1, as well as those uses permitted only by special use permit in Sections 22.2.2, 23.2.2 and 24.2.2, of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, copies of which are attached hereto, shall be permitted only by special use permit. job 22.0 22.1 22.2 22.2.1 I* COlMCIAI. - C-1------------�-- INTENT, WHERE PERMITTED C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C-1 districts be estab- lished only within the urban area, communities and villages in the comprehensive plan. (Amended 9-9-92) PERMITTED USES BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational 'requirements, operational character- istics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided iq section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. ?. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store. pharmacy. S. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and hone appliances (sales and service). S. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. -145- (Supp. 068, 9-9-92) 23.0 COMMCIAL OFFICE - CO 23.1 INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between resi- dential districts and other more intensive commercial and industrial districts. 23,2 PERMITTED USES 23.2.1 BY RIGHT The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. S. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. Such usesin itheofloort areashall buildi gsponmthe that twenty (=0) Percent site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing servicvs; -Central reproduction ani " ding services and the like; -Ethical pharmacies. latxiratories and estabishments for the production, titting anJoor saie of optical or prosthetic appli- ances on sites containing medical, dental or optical offices; -(Repealed 3-17-82) -Sale/service o: goods associated with the principal use such as, usial scores, text - but not limited to lm�scand danci geshoesrumnts,mandcapparel. (Added books, artist's supe 12-3-86) , a- . ( Sunn. B68. 9-9-92) 24.1 24.2 24.2.1 I% HIGHWAY COrII+IERCIAL - HC INTENT, WHERE PERMITTED HC districts are hereby created and may hereafter t established by amendment to the zoning mapother than development of commercial establishments, shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is intended that HC districts be established on major highways within the urban area and communities in the comprehensive. plan. It is further intended that this district shall be for the purpose of limiting sprawling strip h adequate frontage and development by providing sites wit depth to permit controlled access to public streets. PERMITTED USES BY RIGHT The following uses shall.be permitted in any HC district subject to the requirements and limitations ofcthsultation ese regulations. The zoning administrator, afterwith the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permittearbinright termslofgeneral locationalcharacter, and more specifically, similar visual impact and requirements, operationaealsafromethe tzoning administrator's traffic generation. App pro in section 34.0. decision shall be as generally p I. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile ser:'ice stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cerc:erics. c•�;c, fraternal, patriotic (reference 6. Clubs, :odgcs- - 5.1._1. 7. Convenience s::.res. g, Educationa-, :ccnnical and trade schools. 9. Factory out c-: sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). -17O- 11. Financial institutions. 12. Fire extinguisher and security products, sales and -- ---- — --- — -----service .--- — —---------- -- 13. Fire and rescue squad stations (reference 5.1.9). 14. Funeral homes. 15. Furniture stores. 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6-3-81) 20. Hotels, motels and.inns. 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. 26. New automotive parts sales. 27. Newspaper publishing. 28. Administrative, business and professional offices. 29. office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurser:e,s and greenhouses. 3Z. Sale of mayor recreational equipment and vehicles. 33. wayside stands - vegetables and agricultural produce (reference 5.:.19). 40 34. Wholesale distribution. -151- (Supp. #3, 6-3-81)