HomeMy WebLinkAboutLZC202000023 Approval - County 2020-09-11COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 11, 2020
Patten, Wornom, Hatten, and Diamonstein, LC
12350 Jefferson Avenue, Suite 360
Newport News, VA 23602
Attn: Lindsey A. Carney, Esq
RE: LZC2020-00023 - Tax Map 61, Parcel 129, Owner — JC Penney Properties LLC
#2024-8 C/O Corporation Trust Center, 1209 Orange Street Wilmington DE, 19801 (the
"Property")
Dear Ms. Carney
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following:
The Property is zoned Planned Unit Development (PUD) per ZMP-316 and Planned
Development Shopping Center (PD-SC). The portion of the Property that is zoned PUD
was part of the original Planned Community of Branchlands in 1975. When Fashion
Square Mall developed in 1979-1980 this portion of the property remained PUD. The
Property is subject to the Entrance Corridor Overlay District and the Airport Impact
Overlay District as described in Section 30 of Chapter 18 of the Albemarle County Code
("Zoning Ordinance").
• The Property is developed as part of a retail shopping center known as Fashion Square
Mall. Such use is a conforming use permitted by -right in the PUD and PD-SC districts.
The permitted uses of the Property are provided in Sections 20 and 25 of the Zoning
Ordinance.
• This Property is subject to VA1979-00032 approved 08/14/1979 for a variance to
increase the amount of signage.
This Property is subject to the Site Development Plan, SDP1979-00007 that was
approved on October 26, 1979 and has been amended a few times for minor changes to
the site with SDP2000-00102. The Property has been developed per the approved
plans, including the required parking. A site inspection was completed and revealed
several inconsistencies with the approved site plans. Most of these inconsistencies
relate to the landscaping approved with the 1979 site plan. Some of this landscaping no
longer exists in multiple locations throughout the entire Fashion Square Mall
development. It is the responsibility of the property owner to maintain the site as
approved on the noted site plan. Changes to the site must be approved though the site
plan amendment process. County staff understands that landscaping dies and is
sometimes not replaced. At this time no complaint regarding the missing landscaping
has been received by this office. Thus, the County will not be pursuing a violation of the
site plan at this time.
September 11, 2020
LZC2020-00023
Page 2
• In the event of casualty to the Property, in whole or in part, the Property may be rebuilt
per the approved site plan.
• There are no known violations of the Zoning Ordinance on the Property.
• Copies of any applicable records may be obtained via the noted links or from this office
with a request through the department's Records Manager, Paul Bjornsen, at
pbiornsen(a)albemarle.org once they have been approved or issued.
Please contact me if you have questions or require additional information.
Sincerely,
% ie�c
Francis H. MacCall
Chief of Zoning
Designee to the Zoning Administrator
Attachments:
Zoning Map
httos://gisweb.albemarle.orq/qDv 51/Viewer.asox?state=996173341784
Zoning Ordinance
https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=COALC
OVI CH18ZO ARTIIIDIRE S20PLUNDEUD
httos://Iibrary.municode.com/va/albemarle county/codes/code of ordinances?nodeld=COALC
OVI CH18ZO ARTIIIDIRE S25PLDEHOCE
ZMP-316 Approval Letter
https://Ifweb.albemarle.orq/weblink/search.asl)x?dbid=3&searchcommand=%7b%SbCDD-
Plannino%5d:%5bADDlicationNumber%5d=%22ZMA197400316%22%7d
SDP1979-00007
httos://Ifweb.albemarle.orq/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD-
Planninq%5d:%5bADDlicationNumber%5d=%22SDP197900007%22%7d
VA1979-00032 Approval Letter
httos://Ifweb.albemarle.orq/weblink/search.asl)x?dbid=3&searchcommand=%7b%5bCDD-
Planninq%5d:%5bADDlicationNumber%5d=%22VA197900032%22%7d