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HomeMy WebLinkAboutLZC201200008 Review Comments Letter of Zoning Compliance 2012-05-07ptljJ7 L COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 May 7, 2012 Deborah T. Robinson Chicago Title Insurance Company 5516 Falmouth Street, Ste. 200 Richmond, VA 23230 RE: Eldercare Gardens Tax Map and Parcel: 061WO -03 -00 -02600 Dear Ms. Robinson; In response to your Application for a Letter of Zoning Compliance, this office has researched your request and offers the following answers to your questions regarding the referenced parcel. • The property is zoned C -1 Commercial. The parcel is located within the Airport Impact Overlay District. There are no proffers associated with this parcel. • The uses allowed by right and by special use permit in the C -1 Commercial District are attached. • All available County records show that all of the improvements located on this parcel comply with the requirements of the Zoning Ordinance and the approved site plan. The nursing home and common building were built in 1980 and would have met the Zoning Ordinance requirements in effect at that time. An inspection of this site was performed on April 19, 2012 and no violations were observed. • There are no proffered conditions of a continuing nature or any unfulfilled proffers associated with this parcel. • County records do show that there was a Zoning Violation on this parcel in October, 2007. The property was not in compliance with the approved site plan. The property was brought into compliance with the site plan and the violation is now abated. Please c you have any questions or need any additional information. cerely, P,of ld L.1-lig j AICP Chief of Zoning Enclosures: Copy of permitted uses in the C -1 Commercial District. ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 22 COMMERCIAL - C -1 Sections: 22.1 INTENT, WHERE PERMITTED 22.2 PERMITTED USES 22.2.1 BY RIGHT 22.2.2 BY SPECIAL USE PERMIT 22.3 ADDITIONAL REQUIREMENTS 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 established 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 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. 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). 8. Hardware store. 18 -22 -1 Zoning Supplement #60, 5 -5 -10 ALBEMARLE COUNTY CODE 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses 16. Farmers' markets (reference 5.1.47). (Added 5 -5 -10) b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. 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. (Amended 5 -2 -93) 18. 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 1.2.5); 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; 5.1.12). (Amended 11 -1 -9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 18 -22 -2 Zoning Supplement #60, 5 -5 -10 ALBEMARLE COUNTY CODE 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 -86) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. (Repealed 5 -5 -10) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 22.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 9 -9 -92; 5 -2 -93; 9- 14 -93; 10- 11 -95; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 10- 18(4), 5 -5 -10) 22.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 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. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2 -5- 03) 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) 13. Animal shelter (reference 5.1.11). (Added 6- 16 -99). 18-22-3 Zoning Supplement #60, 5 -5 -10 ALBEMARLE COUNTY CODE 14, Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20-22.2.2,12-10-80; 1 -1 -83; 6 -1 -83; 11 -7 -84; 6- 14 -89; Ord. 03-18(l),2-5-03; Ord. 04- 18(2), 10- 13 -04) 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) 18 -22 -4 Zoning Supplement #60, 5 -5 -10