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HomeMy WebLinkAboutLZC200500005 Legacy Document 2014-04-071'JRGINZ� 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 2, 2005 Ms. Susan Whaley P.O. Box 3247 Gettysburg, PA 17325 RE: Eckerd Pharmacy 314 Rolkin Drive Charlottesville, VA Tax Map 78, Parcel 12B Dear Ms. Whaley: You have asked for a letter that provides an analysis of the zoning and other information regarding the referenced property. This letter is based on a review of our records and an inspection of the site. The referenced property was rezoned with proffers from Residential- R-15 to Commercial -C-1. ZMA-2003-03 was approved on December 10, 2003. It is also located in the Entrance Corridor -EC overlay district. Drug stores are permitted by right in the C-1 district. Drive in windows are permitted by special use permit. The special use permit for the drive in windows, SP -2003-47 was approved as presented on December 10, 2003. The site is developed in accord with SDP -2004-02, the final site plan which was approved on August 9, 2004. A request for a variance that would allow a reduction in the commercial setback from 50 feet to 37 to allow a roof over the drive-in window was denied by the Board of Zoning Appeals on June 3, 2003. The action letter for the rezoning and special use permit is enclosed. A copy of the proffers are also enclosed. The following documents the compliance with the proffers of ZMA-2003-03: • Proffers 1, 2 & 3 have been met as shown on SDP -2004-02. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\14034.doc Susan Whaley May 2, 2005 Page 2 Proffer 4 referenced a "landscaped area" on the application plan at the intersection of Rolkin Road and Route 250 that is to contain no impervious surfaces. No landscaped area is identified on the actual application plan. However, the site plan, which includes a sidewalk on the east side of Rolkin Road matches the application plan in this area. The landscaping shown on the site plan is determined to comply with this proffer. • Proffer 5 requires the construction of the extension of North Rolkin Road to the intersection with Sarah's Lane. At this time, the County has approved the road plans for the extension. The extension was bonded for acceptance on April 22, 2005. This proffer has been met. • Proffer 5A requires improvements to the east bound left turn lane. Most of this project is done and its completion is bonded. This proffer has been met. • Proffer 5B requires a payment of $6,000.00 upon the request of the County for a traffic study. Such a request has not yet been made. Therefore, the owner is in compliance with this proffer. • Proffer 6 requires an offsite storm water management facility to be constructed in accordance with plans entitled North Pantops Commercial Area, Preliminary Site Plans, dated October 2, 2003. The proffer makes clear that construction shall be deemed complete when the improvements are accepted by the appropriate public entity or bonded for the entity's acceptance. That plan, SDP -2002-123 was withdrawn on February 10, 2005. The site plan for Eckerd shows the property is currently draining to Pond #2 which is not shown on the North Pantops Commercial Area site plan. This storm water management facility is not in compliance with Proffer 6. However, at this time, the proffer is deemed to have been met because the construction of the conversion to the permanent facility has been bonded. • Proffer 7 requires construction of a west bound left turn lane. Most of this project is done and its completion is bonded. This proffer has been met. Proffer 8 specifies permitted uses. Drug stores are among these uses. This proffer has been met. • Proffer 9 specifies the size and location of buildings on the property. The improvements shown on the approved site plan are in accord with this proffer. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\14034.doc Susan Whaley May 2, 2005 Page 3 Please be aware that Section 31.2.3.1 (a) & (b) require that bonded improvements must be completed within one year. If completion of the proffered storm water management facility and the extension of Rolkin Drive within one year is not feasible, the owner may request an amendment of the proffer through the rezoning process. A copy of this section of the Zoning Ordinance is provided for your use. The property was inspected on April 14, 2005 and was found to be in accord with SDP - 2004 -02 with the exception of the completion of the sidewalk. On April 27, 2005 the site was re -inspected and the sidewalk is found to be complete. Please contact me if you have questions or require further information. Sincerely, John Shepherd Manager of Zoning Administration Enc: ZMA-2003-3 & SP -2003-47 Action letter ZMA-2003-3 Proffers Section 18-31.2.3.1 Certificate of Occupancy Copy: 3-D Pantops LLC 117 W. Patrick Street Frederick, MD 21701 North Pantops Townhouses LLC P.O. Box 8147 Charlottesville, VA 22906 C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\14034.doc