HomeMy WebLinkAboutZMA201600023 Action Letter Zoning Map Amendment 2018-01-31COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax 434 972-4126
January 31, 2018
Clark Gathright
100 1 OSt NE Ste 200
Charlottesville, VA 22901
RE: ZMA201600023 Brown Toyota
Dear Mr. Gathright,
The Albemarle County Board of Supervisors, at its meeting on, December 13, 2017 adopted the attached
ordinance approving to change the zoning designation of approximately 0.25 acres of steep slopes from a
Preserved slope designation to a Managed slope designation, which would allow the reserved slopes to be
disturbed. This area has been subject to prior grading activity. The Zoning Map amendment application
was approved with the rezoning application plan entitled "Brown Toyota & Mercedes Dealerships, 1357
and 1381 LLC, dated September 26, 2017 and proffers dated December 5, 2017.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
�4
JT Newberry
Senior Planner
Planning Division
*Attachment*
ORDINANCE NO.17-A(10)
ZMA 2016-00023 BROWN TOYOTA
AN ORDINANCE TO APPROVE ZMA 2016-00023 BROWN TOYOTA
TO AMEND THE COUNTY'S STEEP SLOPES OVERLAY DISTRICT BOUNDARIES
ON TAX MAP PARCEL NUMBERS 07800-00-00-01400 AND 07800-00-00-014E0
WHEREAS, the application to amend the Steep Slopes Overlay District boundaries by removing .05
acres of managed slopes and approximately .20 acres of preserved slopes and to establish a new area of
approximately .25 acres of managed slopes on Tax Map Parcel Numbers 07800-00-00-01400 and 07800-00-00-
014E0 (the "Property") is identified as ZMA 2016-00023 Brown Toyota ("ZMA 2016-23"); and
WHEREAS, staff recommended approval of ZMA 2016-23 with proffers; and
WHEREAS, the Planning Commission held a duly noticed public hearing on ZMA 2016-23 on October
31, 2017, and recommended approval, conditioned on the staff -recommended proffers; and
WHEREAS, on December 13, 2017, the Albemarle County Board of Supervisors held a duly noticed
public hearing on ZMA 2016-23.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that upon
consideration of the staff report prepared for ZMA 2016-23 and its attachments, including the Rezoning
Application PIan entitled `Brown Toyota & Mercedes Dealerships, 1357 and 1381 Richmond Road,
Charlottesville, Virginia 22911, Re -Zoning Application Plan," prepared by B. Clark Gathright LLC, and dated
September 26, 2017, proffers dated December 5, 2017, the information presented at the public hearing, the
material and relevant factors in County Code §§ 18-30.7.6 and 18-33.6 and Virginia Code § 15.2-2284, the
characteristics of managed slopes and preserved slopes stated in County Code § 18-30.7.1, and for the purposes
of public necessity, convenience, general welfare and good zoning practices, the Board hereby approves ZMA
2016-23, with the Rezoning Application Plan entitled "Brown Toyota & Mercedes Dealerships, 1357 and 1381
Richmond Road, Charlottesville, Virginia 22911, Re -Zoning Application Plan," prepared by B. Clark Gathright
LLC, and dated September 26, 2017, and the proffers dated December 5, 2017.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as
recorded below, at a meeting held on December 13, 2017.
Clerk, Board of County Supe ' ors
Ave Na
Mr. Dill
Y
Ms. Mallek
Y
Ms. McKeel
Y
Ms. Palmer
Y _
Mr. Randolph
Y
Mr. Sheffield
Y
OAF A
VA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
I'houe(434) 296-5832 Fax (434)972-4126
November 17,2017
Clark Gathright
400 10St NE Ste 200
• Charlottesville,VA 22901
RE: ZMA201600023 Brown Toyota
Dear Mr. Gathright,
The Albemarle County Planning Commission,at its meeting on October 31,2017,by a vote of 6:0,
recommended approval of the above-noted petition to amend the Steep Slope Overlay District zoning map
with the steep slopes shown in the Rezoning Plan and with associated proffers to the Board of Supervisors.
If you should have any questions or comments regarding the above noted action,please do not hesitate to
contact me at(434)296-5832.
Sincerely,
JT Newberry
Senior Planner
Planning Division
oFm
1
COUNTY OF ALBEMARLE
Community Development Department
401 McIntire Road
Charlottesville,Virginia 22902-4596
FAX(434)972-4126 TELEPHONE(434)296-5832 TTD(434)972-4012
NOTICE OF OFFICIAL DETERNIINATION OF VIOLATION
The Date this Notice of Determination is given is November 18,2016. No: VIO-2016-059
CERTIFIED MAIL# 7009 2250 0000 1339 0249 CERTIFIED MAIL# 7009 2250 0000 1339 0256
Virginia's First Family of Fine Cars Inc. Brown Toyota
960 Hilton Heights Rd. C/O Jay Malone
Charlottesville VA, 22901 1357 Richmond Rd.
Charlottesville VA, 22911
Property: Parcel ID 07800-00-00-01400 Virginia's First Family of Fine Cars Inc.
Owner of Record
Zoning: Highway Commercial [HC] District
Entrance Corridor Overlay [EC] District
This notice is to inform you that the above-described Property is in violation of the Albemarle County Zoning
Ordinance. This conclusion is based on the following observations of the above-described Property by a
Code Compliance Officer on November 15, 2016:
1) Gravel parking lot area at the back of the site does not have prior approval and
constitutes a site plan violation.
2) Preserved slopes in area at the back of the site have been disturbed.
Because this use of the Property or structure did not pre-exist the applicable Zoning Ordinance, it cannot be
considered legal but non-conforming use or structure. Accordingly, the following section of the Zoning
Ordinance has been violated:
1) Albemarle County Code§ 18-32.2 Site Plan Applicability
2) Albemarle County Code§ 18-30.7.2 Steep Slopes Overlay District Applicability
VIO-2016-059 Page 2 November 18, 2016
This violation of the Zoning Ordinance is unlawful, and may be subject to civil penalties, criminal penalties,
injunctive relief and/or other remedies,pursuant to Albemarle County Code§18-36.
This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply
with this notice may result in legal action being taken against you and any other owner, tenant or other
responsible party. In addition, you must bring the property into compliance by December 19,2016 to avoid
court action. Future compliance past this date does not preclude the County from pursuing legal action for
existing or past violation(s).
If you are aggrieved by this determination,you have a right to appeal it within thirty(30)days of this notice,
in accordance with Virginia Code § 15.2-2311; provided,however, that a ten(10) day appeal period applies
to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed
within ten (10) days after this decision. If you do not file a timely appeal, this determination shall be final
and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board
of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of$258 plus the
actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www.albemarle.org/cdapns. This form applies to appeals of decisions of the zoning administrator or any
other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle
County Code § 18-34.3, which may be reviewed online at www.albemarle.org/countycodebza.
If you have any questions, please contact Megan Brown, Code Compliance Officer, at 434-296-5832
ext. 3085.
Lisa Green, C.Z.A.
Senior Code Compliance Officer
County of Albemarle