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HomeMy WebLinkAboutLZC201300018 Legacy Document 2013-11-07' H i[`�-'� ONO COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax( 34) 972 -4126 October 17, 2013 John W. Anderson Spotts Fain 411 East Franklin Street Suite 600 Richmond, VA 23219 RE: LZC- 201300018 - Tax Map 78- 55 -AB, Parcel 102, Owner — Luxor LLC 195 Riverbend Drive Charlottesville VA 22911 (the "Property ") Dear Mr. Anderson: 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 (PDMC) per ZMA- 2004 -00012 with proffers. • There are no nonconforming uses or features on the Property. • This office has no record of any open violations for the Property. A site inspection of the Property revealed no violations. • The property is developed with offices. The office use is a by -right use in the PDMC zoning district and has been approved with the SDP - 2008 - 00004. Please contact me if you have questions or require additional information. Sincer , Francis H. MacCall Principal Planner Designee to the Zoning Administrator Enclosure: ZMA2004 -00012 Approval Letter w/ Proffers ' U COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 October 25, 2005 Katurah Roell PO Box 8147 Charlottesville, .VA 22906 RE: ZMA 2004 -012 Luxor Commercial (Sign #24) & SP- 2004 -00038 Luxor Commercial — Drive -In Window -Bank (Sign # 24) & SP- 2005 -002 Luxor Commercial Veterinary Office (Sign #27) Tax Map 78, Parcel 55A4 Dear Mr. Roell: The Board of Supervisors approved your rezoning application on October 12, 2005. Your request to rezone3.523 acres (portion of Tax Map 78, Parcel 55A4) from R -6 (Residential) and R -15 (Residential) to PDMC (Planned District Mixed Commercial) and to rezone 1.377 acres (Tax Map 78, Parcel 55D) from C -1 (Commercial) to PDMC was approved in accordance with the attached proffers dated October 12, 2005. An application plan dated October 13, 2004 was approved as part of the rezoning. Please. refer to these documents for any future applications and requests on this property. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above; no uses on the property as approved above may lawfully begin until all applicable approvals have been received and conditions have been met. This includes: • compliance with applicable PROFFERS; • compliance with the APPLICATION PLAN; • compliance with conditions of the SPECIAL USE PERMITS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Additionally, the Albemarle County Board of Supervisors took action on two related Special Use Permit Applications. Regarding-SP-2004-038: The Board unanimously approved SP- 2004 -038 to allow a drive -in window for a bank on Tax Map 78, Parce155A4 in.the Rivanna Magisterial District in conjunction with the ZMA 2004 -012 application plan dated October 13, 2004 with the following conditions: 1. Drive - through windows will be limited to three (3), including one to be used for an ATM; 2. Architectural Review Board issuance of a Certificate of Appropriateness; and 3. Applicant is responsible for installation and maintenance of control devices such as signage, and pavement markings as indicated on the application plan. The crosswalk just beyond the drive -up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle. Regarding SP- 2005 -002: The Board unanimously approved SP- 2005 -002 to allow for a veterinary office on Tax Map 78, Parcel 55D in the Rivanna Magisterial District in conjunction with the ZMA 2004 -012 application plan dated October 13, 2004 with the following conditions: 1. A separate entrance and exit shall be provided for the clinic in accordance. with Section 5.1.11 d; 2. No outdoor exercise area shall be permitted; 3. A note shall be added to the plan to identify the two (2) trees that are to be .bonded; 4. The veterinary clinic be identified as located in building 4; and 5. Architectural Review Board issuance of a Certificate of Appropriateness. Please be advised that although the Albemarle County Board of Supervisors took action on the project noted above, no uses on the property as approved above may lawfully begin until all applicable approvals have'been received and conditions have been met. This includes: • compliance with conditions of the SPECIAL USE PERMITS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. In the event that the use, structure or activity for which this special use permit is issued is not commenced within twenty -four (24) months from the date of Board approval, it shall be deemed abandoned and the permit terminated. The term "commenced" means "construction of any structure necessary to the use of the permit." If you have.questions or comments regarding the above -noted action, please do not hesitate to contact Keith Lancaster at 296 -5832. Sincerely, V. Wayne C' 'mberg Director of Planning Cc Amelia McCull Tex Weaver " Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwin Bruce Woodzell (Real Estate) f, '.. Original Proffer X Amended Proffer (Amendment # PROFFER FORM Date: 10/12/05 ZMA # 2004 -0012 Tax Map and Parcel Number(s) TNT 78 -55A4 and TNT 78 -55D 4.9 Acres to be rezoned from R -15, R -6. & C -1 to PD -MC 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. I . The location of the structures relative to the exterior public streets, ingress and egress points, and sidewalks to the exterior public streets, ingress and egress points; and sidewalks shown on the application plan may not be varied under Albemarle County Code § 18- 8.5.5.3, in effect on October 12, 2005, a copy of which is attached hereto as Exhibit A, from that as shown on the plan produced by Rivanna Engineering, dated October 13, 2004, last revised July 27, 2005, entitled "Application Plan for Luxor Commercial Center ", herein referred to as the "Application Plan ". 2. Permitted uses of the property; :and /or uses authorized by special use permit, shall include only those uses allowed in Albemarle County Code § 18 -22 in effect on October 12, 2005, a copy of the section being attached hereto as Exhibit B, except the following: a. The following retail sales and service establishments: 3. Department store. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 3. Cemeteries. 9. Indoor theaters. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 16. Automobile service stations (reference 5.1.20). 22. Automobile, truck repair shop excluding body shop, (Added 6 -3 -81; Amended 9 -9 -92) No building permit shall be issued unless and until the Director of Planning, or his assigns, determines that those building facades that are not governed by a certificate of appropriateness issued by the Albemarle County Architectural Review Board are in general accord with the "Perspective View from Route 250 Looking NW," prepared by Bob Anderson and dated January 19, 2005, which is attached hereto as Exhibit C. The facades shall be determined to be in general accord if the form, massing, character and detailing conform in all material respects to the building elevations. The exterior colors of the buildings shall be earth tone. 4. A plaza shall be provided between the two larger buildings fronting Route 250. This space shall be no smaller than shown on the Application Plan and shall include outdoor amenities (e.g., landscaping, sidewalks, benches, tables). There will be a pedestrian passage that connects the plaza and the parking lot behind the buildings., This passage shall be a minimum of 20 -feet wide and may have a roof and support structures (e.g. columns), but shall remain open on two sides (i.e., shall not have walls, windows or doors), A certificate of occupancy for buildings four and five will not be issued until the plaza between these buildings is constructed. The plaza will be constructed of concrete. The plaza material may be altered if approved by the Director of Planning. 5. Prior to the first final site plan approval, the owner shall submit a tree conservation plan (the "plan") prepared by a state certified arborist for the two large existing evergreen trees in the southeastern corner of the site, as shown on the plan. The plan shall be submitted to the Director of Planning for review and approval to assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, including fertilizing, tree protection fencing and mulching. The approved plan shall be complied with during and after development of the property. When the plan is submitted, the owner also shall submit a bond or other form of surety in an amount of $2,000 to guarantee the replacement of one or both trees in the event that either or both die or are damaged for a period of 2 years after approval of the final site plan for the land on which the two trees are located. The bond or other surety shall be in a form acceptable to the County Engineer and the County Attorney. The location of any sidewalk or any other improvements within 15 feet of either of the trees shall be subject to design review during review of the first preliminary site plan for the land on which those sidewalks, other improvements, or the two trees are located t by the Director of Planning. 6. The Owner of TNT 78 -55A4 shall construct a two lane road between the Rolkin Road Roundabout and the eastern boundary line of the site, as generally depicted on the Application Plan and labeled "Aunt Sarah's Lane." This road shall be constructed in conjunction with the first final site plan approved for the area under this rezoning and shall meet VDOT design and construction standards, The purpose of this road shall be to provide for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117) intersection. In conjunction with the approval of the first final site plan approved for the property, the Owner of TNT 78 -55A4 shall reserve the necessary right of way of the two lane road, including all necessary drainage easements, for future dedication to the County and will dedicate this right of way upon demand by the County. A plat showing future dedication to be accepted by the Board will be prepared at the Owner's expense. 7. The Owner of TNIP 78 -55A4 shall construct a five (5) foot wide pedestrian asphalt path from Aunt Sarah's Lane to the property's common line with Westminster Canterbury in the general location shown on the Application Plan. The purpose of this path shall be to facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be constructed in conjunction with the first final site plan approved for the property. 8. The Owner of TNT 78 -55A4 shall provide a bicycle rack to hold at least 5 bicycles at a location on TMP 78 -55A4 to be determined with the first site plan approved for the property. The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on the property. 2 9. At such time as a public road interconnection is made between the Route 250/ State Farm Boulevard (Route 1117) intersection and the two lane road referenced in Proffer No.6 the Owners of TMP 78 -55A4 and TMP 78 -55D, and any parcel(s) of record which may be created therefrom in the future shall close the ingress into their parcels at the current Aunt Sarah's entrance on Route 250. ° Signatures of All Owners Si g r PAH J Signatures of All Owners �l t y ems( C - 13 Printed Names of All Owners Printed Nam s of All Owners C[4 SU. (AU 4- Printed Names of All Owners 10 • r, 0 S7 Date t ©!T °0- - Date Xo���� Date Dr. Charles William Hurt is Manager of North Pantops Townhouses, LLC and is therefore authorized to sign on its behalf. J,"-? 2p G S Initial Dat 3 ALBEMARLE COUNTY CODE a. The approved application plan, and the approved standards for development, the accepted proffers, and the authorized waivers or modifications and any conditions imposed therewith, if any; b. The permitted uses within the planned development zoning district, including all proffers, as determined by the zoning administrator after consultation with the director of planning and community development; in making this determination, the zoning administrator shall be guided by section 22.2.1 of this chapter; c. In addition to the foregoing, conformity with the application plan and the standards of development. Within each neighborhood model zoning district, the general development plan and the code of development, as determined by the director of planning and community development after consultation with the zoning administrator. (§ 8.5.6.2, 12- 10 -80; 9 -9 -92; § 8.5.5.2, Ord. 03-18(2),3-19-03) 8.5.5.3 VARIATIONS FROM. APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development. plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. b. The applicant shall submit a written request for a variation to the director; the request shall specify the provision of the plan, code or standard for'which the variation is sought, and state the reason for the .requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other developmentin the zoning.district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein may be accomplished by rezoning. (§ 8.5.6.3, 12- 10 -80; 9 -9 -92; § 8.5.5:3, Card, 03-18(2),3-19=03) 18 -8 -6 Zoning Supplement #36, 6 -8-45 Exhibit A 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 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 characteristics, 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). 18 -22 -1 Zoning Supplement #6, I2 -30 -99 Exhibit B ALBEMARLE COUNTY CODE 8. Hardware store. 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. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4.' CIubs, 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 utilit}-. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service'Authority. (Amended 5 -2 -93) 18 -22 -2 Zoning Supplement #6, 12 -30 -99 ALBEMARLE COUNTY CODE 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 31.2.5); public water and sewer transmission, main or trunk Iines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 312.5; 5.1:12). (Amended 114-9) 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 -86) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. Farmers' market (reference 5.136). (Added 10- 11 -95) 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) 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. S. Veterinary office and hospital (reference.5.1.11). 6. Unless such uses are otherwise provided in this section, uses permitted in section 18:01 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) - 18 -22 -3 Zoning Supplement #30, 10 -13 -04 ALBEIVARLE CO UNTY CODE 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). 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 2ooing Suppicnient 430, 10 -13 -04