HomeMy WebLinkAboutLZC202200037 Action Letter 2022-09-09,S.{.OF AL8
County of Albemarle
COMMUNITY DEVELOPMENT
September 9, 2022
Scott Kroner. PLC
418 E. Water Street
Charlottesville, VA 22902
m itch(a)scottkroner.com
LEA BRUMFIELD
Senior Planner 11, Zoning
bru mfield@albemarle.ore
tel: 434-296-5832 ext. 3023
Re: LZC202200037 - Parcel IDs 03200-00-00-04000, 03200-00-00-020EO, 03200-00-00-020D0, 03200-00-
00-020FO, 032AO-01-OB-00400, 032AO-01-OB-00300, 032AO-01-OB-00200, and 032AO-01-OB-001A0
(10.062 acres), (the "Property"), Owner - Airport Auto Investments LLC and Airport Auto Investments Phase 3
LLC, 500 East Water Street, Suite H, Charlottesville VA 22902
To Whom It May Concern:
In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised
of the following:
1. There are no outstanding building or zoning code violations on file associated with the Property.
2. Parcel IDs 03200-00-00-04000, 03200-00-00-020EO, and 03200-00-00-020DO are zoned Highway
Commercial. Parcel IDs 03200-00-00-020F0, 032AO-01-OB-00400, 032AO-01-OB-00300, 032AO-01-
OB-00200, and 032AO-01-OB-001AO are zoned R-1 Residential. All of the parcels comprising the
Property are subject to the Entrance Corridor Overlay District and the Airport Impact Overlay District
as in Chapter 30 of the Albemarle County Code.
3. The permitted uses of Parcel IDs 03200-00-00-020EO, and 03200-00-00-020DO are as proffered by
ZMA200300009, see Attachment A. The permitted uses of Parcel ID 03200-00-00-04000 are
provided in Section 24 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"), see
Attachment B. The permitted uses of Parcel IDs 03200-00-00-020FO, 032AO-01-OB-00400, 032AO-
01-OB-00300, 032AO-01-OB-00200, and 032AO-01-OB-001AO are provided in Section 13 of Chapter
18 of the Zoning Ordinance, see Attachment C. Any uses not listed in Attachments A, B, or C are not
permitted on the property.
4. Parcel I D 03200-00-00-04000 was rezoned per ZMA198100014, but is not subject to proffers. Parcel
IDs 03200-00-00-020EO, and 03200-00-00-020DO are subject to proffers per ZMA200300009, and
Special Use Permit SP200300061, see Attachment A. There are no records of other approved
variances, special use permits, special exceptions, special ordinances, or other conditions applicable to
the Property.
5. The most recent site plan associated with the Property, SDP200400042, Marshall Property - Airport
Road Parking Lot, was approved on October 26, 2004, and applies to Parcel ID 03200-00-00-020EO.
SDP198900057, Marshall's Garage Site Plan Amendment, was approved on July 20, 1989, and applies
to Parcel ID 03200-00-00-04000.
WWW.ALBEMARLE.ORG
401 McIntire Road,Suite228 I Charlottesville, VA22902-4596
6. The setbacks for Parcel Ds 03200-00-00-04000, 03200-00-00-020EO, and 03200-00-00-020DO are:
• Front -minimum: 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk
is outside of the right-of-way; for off-street parking or loading spaces,10 feet from any public street
right-of-way
• Front -maximum: 30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk
is outside of the right-of-way, provided that this maximum setback shall not apply to any structure
existing on June 3, 2015 and to any structure depicted on an approved final site plan that is valid on
June 3, 2015 as having a front setback greater than 30 feet; none, on any lot, including a corner lot,
abutting a principal arterial highway or interstate
• Side and rear -minimum: If the abutting lot is zoned residential, rural areas, or the Monticello
Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 50 feet
from the district boundary; and (ii) no off-street parking or loading space shall be located closer than
20 feet to the district boundary. If the abutting lot is zoned commercial or industrial, any primary
structure shall be constructed and separated in accordance with the current edition of the Building
Code.
• Side and rear -maximum: None
• Required front stepbacks: For each story that begins above 40 feet in height or for each story above
the third story, whichever is less, the minimum stepback shall be 15 feet.
The infill setbacks for Parcel IDS 03200-00-00-020FO, 032AO-01-OB-00400, 032AO-01-OB-
00300, 032AO-01-OB-00200, and 032AO-01-OB-001AO are:
• Front -minimum: Closest setback of an existing main building within 500 feet in each direction along
the same side of the street fronted
• Front -maximum: None
• Garage -minimum: Front loading attached or detached garage: Whichever is greater between the
closest setback of an existing main building within 500 feet in each direction along the same side of
the street fronted or 18 feet from the right-of-way or the exterior edge of the sidewalk if the
sidewalk is outside of the right-of-way. Side loading garage: Closest setback of an existing structure
within 500feet in each direction along street fronted
• Garage -maximum: None
• Side -minimum: 10 feet, unless the building shares a common wall; provided that (a) in the R-10 and
R-15 districts if the abutting lot is zoned residential other than R-10 and R-15, Rural Areas, or the
Monticello Historic district, any dwelling unit that exceeds 35 feet in height shall be set back ten
feet plus one foot for each foot the dwelling unit exceeds 35 feet in height; and (b) any minimum
side setback otherwise required by this section may be reduced in accordance with section 4.11.3.
• Side -maximum: None
• Rear-minimum:20 feet
• Rear -maximum: None
• Required frontstepbacks: Foreach storythat begins above40feet in heightorforeach storyabove
the third story, whichever is less, the minimum stepback shall be a minimum of 15 feet
7. The maximum structure height for Parcel IDs 03200-00-00-04000, 03200-00-00-020EO, and 03200-
00-00-020DO is 65 feet. The maximum structure height for Parcel IDs 03200-00-00-020FO, 032AO-
01-OB-00400, 032AO-01-OB-00300, 032AO-01-OB-00200, and 032AO-01-OB-001AO is 35 feet.
8. There are no floor area space restrictions associated with the parcels comprising the Property.
9. Copies of any applicable records maybe obtained via the noted links or from this office with a request
through the department's Records Manager, Paul Bjornsen, at pbjornsen@albemarle.org once they
have been approved or issued.
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596
Please contact me if you have any questions or require additional information.
Sincerely,
Lea Brumfield
Senior Planner II
Designee to the Zoning Administrator
AI bemarle County
Attachments:
Att. A - ZMA200300009 and SP200300061
Att. B - Albemarle County Code of Ordinance Section 24 - Highway Commercial Permitted Uses
Att. C -Albemarle County Code of Ordinance Section 13 - Residential R-1 Permitted Uses
WWW.ALBEMARLE.ORG
401 McIntire Road, Suite 228 I Charlottesville, VA 22902-4596
COUNTY OF ALBEMARLE
Departmeqt of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
January 7,2004
Jo Higgins
2463 Browns Gap Turnpike -
Charlottesville, VA 22901
RE: ZMA-03-09 Marshall Property — Airport Road Parking Lot -
SP-03-61 Marshall Property — Airport Road Parking Lot
Tax Map 32, Parcels 20D & 20E
Dear Ms. Higgins:
The Albemarle County Board of Supervisors, at its meeting on December 10, 2003, by a vote of 6:0, took the
following actions regarding the above -noted petitions:
ZMA-03-09 Marshall Property — Airport Road Parking Lot — Approved subject to proffers, acpy of which is
` attached.
SP-03-61 Marshall Property — Airport Road Parking Lot —Approved subject to the following conditions:
1. A final site plan shall be submitted for approval which:
a. shall be in general accord with both the plan dated 9/03/03 and the Supplement #1 to
Drawing C-2 dated 9/12/03,
b. shall include the closure of the entrance on parcel 20D, the closure of the eastern
entrance on parcel 20F, the completion of the sidewalk, curbing, street shrubs, and street
trees along the frontage of Airport Road on parcels 20D, 20E, and
C. shall include the joint entrance for parcels 20D, 20E, 20F; and
2. At least one sign shall be posted in the parking area that identifies the use as parking for the
adjacent automobile repair center only (Tax Map 32 Parcel 40), with size and location of the sign
to be determined and approved by staff.
In the event that the use, structure or activity for which this special use permit is issued shall not be commenced
within twenty-four (24) 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 construction of any structure necessary to the use of such permit
within two (2) years from the date of the issuance.
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 296-5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact
me.
Sincerely,
David B. Benish
Chief of Planning & Community Development
VWC/jcf
Cc: Amelia McCulley Jack Kelsey
Original Proffer =
Amended Proffer
(Amendment # _lam
PROFFER FORM
Date: 12/10/2003
ZMA # 2003-009
Tax Map and Parcel Number(s) 03200-00-00-020DO & 20E
1.33 Acres to be rezoned from HC. to HC
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. Permitted uses of the property, and/or uses authorized by the special use permit, shall include only the following sections of the
Albemarle County Zoning Ordinance in effect December 10, 2003, a copy of the sections being attached hereto:
Section 24.2.1 By Right
2. Automobile, truck repair shops.
35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters
Areated facilitiesfordistribution of local service and owned and operated by a public utility. Water distribution and sewerage collection
umpingstations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly
d, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law.
36. 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 transmission, main or trunk lines,
treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority.
37. Temporary construction uses.
24.2.2 By Special Use Permit
12. Stand alone parking and parking structures.
Signatures of All Owners Printed Names of All Owners
OR
_//-3-03
Date
//— 9-0_?
�C�TV"ED
Nnv 0 3 2003
Signature of Attorney -in -Fact Printed Name of Attorney -in -Fact
(Attach Proper Power of Attorney)
9/9122, 6:34 PM
Sec. 24.2 - Permitted uses.
Albemarle County, VA Code of Ordinances
Sec. 24.2.1 - By right.
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. 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 characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Carwashes.
2. Automobile, truck repair shops.
3. (Repealed 2-6-19).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
7. (Repealed 2-6-19).
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
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.
v4
9/9122, 6:34 PM Albemarle County, VA Code of Ordinances
21. Self-service storage facilities.
22. Machinery and equipment sales, service and rental.
23. Manufactured 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. Offices.
29. Office and business machines sales and service.
30. (Repealed 2-6-19).
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands -vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.201.
40. Temporary industrialized buildings (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers' market (reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
2/4
9/9122, 6:34 PM Albemarle County, VA Code of Ordinances
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does not
exceed 4,000 square feet per site; provided that the gross floor area of the establishment may
exceed 4,000 square feet per site by special exception approved by the board of supervisors.
50. Drive -through windows (reference 5.1.60). (Added 3-2-16)
51. If the use is served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.20).
b. Convenience stores.
c. Restaurants.
52. Uses permitted by right in the Rural Areas (RA) district pursuant to section 10.2.1, provided that
the use is not served by either public water or an approved central water supply.
53. Any use listed in subsection 24.2.1(1)—(51) not served by either public water or an approved
central water supply, provided that: (i) the use is within a structure lawfully existing or vested on
February 6, 2019; (ii) no external change on the property occurs other than maintenance or
signage changes; and (iii) the use is not subject to a special use permit issued under subsection
24.2.2(13).
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1, Ord.
98-A(1), 8-5-98; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6)_, 11-12-08; Ord. 10-18(4)_, 5-5-
10; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 18-18(1), 1-10-18; Ord. 19-18(1), 2-6-19; Ord. 19-18(3),
6-5-19)
Sec. 24.2.2 - By special use permit.
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.081.
6. Energy and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
3/4
9/9122, 6:34 PM Albemarle County, VA Code of Ordinances
residential - R-15, in compliance with regulations set forth therein.
10. Commercial kennels - indoor only (reference 5.1.111.
11. Stand alone parking and parking structures (reference 4_12, 5.1.41).
12. (Repealed 3-2-16)
13. Except as provided in subsection 24.2.2(18), uses permitted by right that are either:
a. Not served by public water, involving water consumption exceeding 400 gallons per site acre
per day; and/or
b. Not served by public sewer, involving anticipated discharge of sewage other than domestic
wastes.
Any use authorized by a special use permit approved before February 6, 2019 under this
subsection continues as a special use, provided that: (i) the use complies with all conditions of the
special use permit; and (ii) any amendment to the special use permit is processed as an
application under either this subsection or subsection 24.2.2(18), as applicable.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter (reference 5.1.11).
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Body shops.
18. If the use is not served by either public water or an approved central water supply:
a. Automobile service stations (reference 5.1.20).
b. Convenience stores.
c. Restaurants.
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord. 99-
18(4)_, 6-16-99; Ord. 03-18(1)_, 2-5-03; Ord. 04-18(2)_, 10-13-04; Ord. 08-18(6)_, 11-12-08; Ord. 11-18(2), 1-12-
11; Ord. 13-18(2), 4-3-13; Ord. 16-18(2), 3-2-16; Ord. 19-18(1), 2-6-19; Ord. 19-18(3), 6-5-19)
4/4
9/9122, 6:37 PM
Sec. 13.2 - Permitted uses.
Albemarle County, VA Code of Ordinances
Sec. 13.2.1 - By right.
The following uses shall be permitted by right in the R-1 district, subject to the applicable
requirements of this chapter:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding 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.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-
12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. 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 transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.121. (Amended 11-1-89)
10. Homestays (reference 5.1.48).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56 . (Added 9-11-13)
v2
9/9122, 6:37 PM Albemarle County, VA Code of Ordinances
15. Urban beekeeping (reference 5.1.63)
(§ 20-13.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6)_, 10-9-02; Ord. 04-18(2)_, 10-13-04; Ord. 13-
18(5)_, 9-11-13; Ord. 17-18(4)_, 8-9-17; Ord. 18-18(41, 10-3-18; Ord. 19-18(6)_, 8-7-19)
Sec. 13.2.2 - By special use permit.
The following uses shall be permitted by special use permit in the R-1 district, subject to the
applicable requirements of this chapter: (Amended 5-5-10)
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. 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 (reference 5.1.12).
7. Child day center (reference 5.1.06).
8. Manufactured home subdivisions (reference 5.5).
9. Home occupation, Class B (reference 5.2).
10. Religious assembly use. (Added 9-2-81; Amended 8-9-17)
11. Cemeteries. (Added 9-2-81)
12. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
13. Historical centers, historical center special events, historical center festivals (reference 5.1.42).
(Added 6-8-05)
14. Farmers' markets (reference 5.1.47). (Added 5-5-10)
(§ 20-13.2.2, 12-10-80; 9-2-81; Ord. 04-18(2), 10-13-04; Ord. 05-18(7)_, 6-8-05; Ord. 10-18(4L 5-5-10; Ord. 17-
18(4)_, 8-9-17; Ord. 18-18(1)_, 1-10-18; Ord. 19-18(3)_, 6-5-19)
212