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Home My WebLink AboutLZC202300001 Action Letter 2023-01-25County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT January 25, 2023 Tonian Morgan Partner Engineering and Science, Inc. 611 Industrial Way West, Suite A Eatontown, NJ 07724 RE: LZC202300001 - Parcel ID 03200-00-00-04400 (7.77 Charlottesville, VA 22911 (the "Property"), Owner — ARCP Kohl's Department Store — P.O. Box 2148, Milwaukee WI, To Whom it May Concern: 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG Acres), 396 Towncenter Lane, KO Charlottesville VA LLC C/O 53201 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 Development -Mixed Commercial ("PD-MC"). The permitted uses of the Property are provided in Section 25A of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"), linked below. The current Retail use is permitted by -right within the PD-MC zoning district. The Property is subject to the Airport Impact, Entrance Corridor and Steep Slopes Overlay Districts described in Section 30 of the Zoning Ordinance. • The most recent zoning map amendment (ZMA) approved for the Property, ZMA201200005, amended the proffers of the ZMA that originally allowed the parcel to be rezoned to PD-MC. This ZMA was approved December 11, 2013, with proffers. A copy of the approval letter with the approved proffers is linked below. • The immediate abutting zoning designations are as follows: North — Berkmar Drive right of way and PD-MC, South — Seminole Trail right of way and PD-MC, East — PD-MC, West — PD-MC. Abutting zoning designations can be viewed on the Zoning Map, linked below. • To the best of my knowledge, there are no legal nonconforming issues associated with the Property. • The Property is not subject to any variance, special exception, or special use permit. • In the event of casualty, the Property may be rebuilt substantially in its current form upon satisfaction of all required building permits and site plans, as applicable. The threshold that would necessitate a new use permit, variance, or other approval is unknown until a proposal is made. • The Property is subject to site plan SDP200800113, approved December 31, 2008, for the development of the Kohl's Store building and associated parking. The existing Kohl's Store is developed in accordance with the approved site plan. • The Property is subject to a Certificate of Occupancy, issued February 18, 2011, in association with building permit B200900265NC. Any request for building permit or Certificate of Occupancy records may be made to the department's Records Manager, Paul Bjornsen, noted below. December 29, 2022 LZC202200054 Page 2 • Information regarding Certificate of Occupancy requirements, building code enforcement and inspections may be obtained from the Building division. Requests can be directed to the department's Deputy Building Official, Betty Slough, at bsIoughCQalbemarle.org. To the best of my knowledge, the Property is currently in compliance with all applicable requirements of the Zoning Ordinance. A review of our files found (i) no zoning or building violations applicable to the Property, whether pending, contemplated, or having already occurred, (ii) no fees due or pending with respect to any matter before the County Zoning Office; (iii) no pending application for rezoning of the Property or for a special or conditional use permit or variance in connection with the Property and (iv) no open building permits associated with the Property. Further, no proceedings to challenge the zoning or other governmental approval or use of the Property is pending or overtly threatened to the best of my knowledge. This office is not aware of any current or future plans for roadway construction, repaving/resurfacing projects, easements, land condemnation proceedings, or other such activities that would affect the placement of property lines, immediately surrounding roads, disrupt traffic flow in proximity to the Property, and/or impede access to the Property. • Copies of any relevant records may be obtained via the noted links or the Community Development Department Records Public Access link below. If unable to find the records, then a request through the department's Records Manager, Paul Bjornsen, at pbiornsen(a)albemarle.org may be made. If the request is not based in Virginia, it will take longer to fulfill. Please contact me if you have any questions or require additional information. Sincerely, Ethan P. Busching Planner Designee to the Zoning Administrator Attachments: Links shown can be copied and pasted into a web browser GIS Web Map - https://oisweb.albemarle.org/opv 51Niewer.aspx?state=905036964693 Zoning Map —https://gisweb.albemarle.orq/qpv 51Niewer.aspx?state=762447847703 SDP200800113 - https://Ifweb.albemarle.org/weblink/search.asi)x?dbid=3&searchcommand=%7b%SbCDD- Planninq%5d:%5bApplicationNumber%5d=%22SDP200800113%22%7d December 29, 2022 LZC202200054 Page 3 ZMA201200005 - Community Development Department Records Public Access — httos://Ifweb. a lbemarle. org/WebLink/Browse. asox?id=107166&d bid=0&repo=Cou ntvofAlbemarl e County Code Website — https://library.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO