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Home My WebLink AboutLZC202200016 Correspondence 2022-02-28 (3)ZM/i q 6-ZI =r- � COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4696 IBM) 296.5823 February 26, 1997 Hunter E. Craig, Trustee Mill Creek Industrial Land Tr P O Box 615 Charlottesville, VA 22906 RE: ZMA 96-21 Mill Creek Industrial Land Trust SP 96-46 Mill Creek Industrial Land Trust Tax Map 76M1, Parcel 15 Dear Mr. Craig: The Albemarle County Board of Supervisors, at its meeting on February 12, 1997, took the following actions: ZMA 96-21 ,Lull Creek Industrial Land Trust - Approved, as proffered (copy attached) request to amend the development plan for Mill Creek PUD as established with ZMA 85-29 to change a five (5) acre portion from Industrial to Commercial to allow development of private school by special use permit. SP 96-46 Mill Creek Industrial Land Trust - Approved request to establish private school with ultimate enrollment of 140 students. Please note that this approval is subject to the following condition: The school shall be limited to a maximum of 140 students. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes . of this section, the term "commenced" shall be construed to include the commencement of age 2 February 26, 1997 construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5875. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, V. Wayne C' imberg Director of Planning & Co / tty Development 1 VWC/jcf cc: Amelia McCulley Tom Muncaster Harriet Kaplan C-1 FEB-04-97 TUE 12:47 PM FRONTLINE TEST EQUIPMENT +1 uuJ 984 J�N-36-9T 04.47 PM - P.O- Original Procter . Amended Proffer (Arnendment r!f__) 0 PROFFER FORM Date: ZMA# Q6-2/_TaxMapParcel(s)4 76if 5- D9 Acres to be rezoned from 'z>uD-ar to P �n -c•.• �P.e�vL Pursuant to Section 33.3 of lho Albemarle County Zoning Oidinanco, the owner, or tts duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the properly, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) [lie rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. (�) Uses provided for In Section 20.4.1(1) of she Albemarle County Zoning Ordinance as it exists on January 15. I997, a copy attached, shall not be permitted. Ignalutes or All Owners Punted Names of NI Owners bate OR • 6lgnolute of Allotncy-In-Fact (ARach Proper Power of Allotney) 1•n0rr0RM.wrh Rey. Cconnbu r994 Printed Name of Allot ney-n-Fact 9. AC asory uses and structures cluding home occupa- tion, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.7). 20.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition: 1. Day care, child care or nursery facility (reference 5.1.6). 2. Fire and rescue squad stations (reference 5.1.9). 3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 4. Electrical power substations, transmission lines and related towers; gas or oil transmisson lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -wave and radio -wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 5. Home occupation, Class B (reference 5.2). 6. Churches. (Added 9-2-81) 7. Parking structures located wholly or partly above grade. (Added 11-7-84) 20.4 PERMITTED USES - COMMERCIAL/SERVICE Within areas approved as commercial/service on the appli- cation plan, uses permitted shall be as follows: 20.4.1 BY RIGHT 1. Uses permitted by right in section 22.0, commercial, C-1. 2. Uses permitted by right in section 23.0, commercial office, CO. 20.4.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit provided that no separate application shall be required for any such use included in the original PUD rezoning petition: 1. Uses permitted by special use permit in section 22.0, commercial, C-1. 2. Uses permitted by special use permit in section 23.0, commercial office, CO. -137- (Supp. #24, 11-7-84) 22.0 co►4ffitcIA1 - c-1 22.1 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) 22.2 PERMITTED USES 22.2.1 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 in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). S. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 0 -145- (Supp. #69, 9-9-92) b. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.9). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. I 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.6). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities ex- cluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93) -146- (Supp. #72, 5-12-93) is. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer trans- mission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated `iy the Rivanna Water and Sewer Authority (reference 31.1.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 22.2.2 BY SPECIAL USE PERMIT 1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro -wave and radio -wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1.11). 6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 7. Hotels, motels and inns. 8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan. (Added 6-1-83) 9. Parking structures located wholly or partly above grade. (Added 11-7-4) -147- (Supp. 180, 10-11-95) 10. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92) 11. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89) 12. Body shop. (Added 9-9-92) 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all C-1 districts. (Amended 3-17-82; 7-10-85) I -147.1- (Supp. #68, 9-9-92)