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HomeMy WebLinkAboutLZC201400019 Legacy Document 2014-04-16O�,, x 'i!�IG�ttys: COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 April 16, 2014 United Bank 1265 Seminole Trail Charlottesville, VA 22901 RE: LZC2014 -00019 TMP 076M1 -00 -00 -01500 Owner: The Peabody School 1232 Stoney Ridge Road, Charlottesville, VA 22902 (the "Property ") To whom it may concern: This certification regarding the zoning, subdivision and regulatory status of the above - referenced Property is provided to United Bank at the request of the above - referenced Owner. • The zoning code affecting the Property is the Zoning Ordinance of Albemarle County effective at and after 5:15 PM, December 10, 1980, as amended. • The Property is zoned PUD, Planned Unit Development, per ZMA1985- 00029. • Development of the Property and use is subject to ZMA1996 -00021 and SP2012 -00030 and the conditions outlined in the approval of SP2012- 00030. • Development of the Property and use is subject to ZMA1996- 00021, SP1996 -00046 and SP2012 -00030 and the conditions outlined in the approvals: • Zoning Map Amendment ZMA1996 -00021 amended ZMA1985 -00029 to change the.five acres for the Property from industrial designation in the PUD to commercial designation in the PUD to allow for a special use permit for a private school. A copy of the zoning map amendment approval for the Property, including all conditions currently affecting the Property is attached. • Special Use Permit SP1996 -00046 was approved with conditions to establish a private school with 140 students. • Special Use Permit SP2012 -00030 was approved to amend SP1996 -00046 to increase the maximum number of students from 140 to 210. A copy of the special use permit approval for the Property, including all conditions currently affecting the Property is attached. • Special Exception to vary the yard requirements to reduce the building setback from Southern Parkway for the proposed multipurpose building shown on the conceptual plan per SP2012- 00030, from thirty (30) feet to ten (10) feet. A copy of the special exception is attached as part of the SP2012 -00030 approval. • The Property is subject to proffers from ZMA1996- 00021. (see attachment) • The Property is subject to the following overlay district(s): AIA, Airport Impact Area Overlay and the Steep Slopes Overlay. April 16, 2014 LZC2014 -00019 Page 2 • No other variances, conditional use permits, special exceptions or special use permits are required for the existing improvements as constructed on the Property, the construction of additional improvements in general accord with the conceptual plan per SP2012- 00030, or the use of the Property as a private school having up to 210 students. The use of the Property as a private school having up to 210 students, the existing improvements as constructed on the Property, and the construction of additional improvements in general accord with the conceptual plan per SP2012- 00030, comply with the ordinances of the County of Albemarle, including but not limited to all parking requirements and all applicable building and use restrictions per the approval of SDP2013 -00006 and B2013- 02842N1, and are conforming under the Zoning Ordinance. The Owner and /or a contractor on behalf of the Owner has obtained all site plan (SDP2013- 00006), building permit (B2013- 02842ND, and erosion and sediment control approvals (WP02013- 00033), required by the County for the existing improvements on the Property, the operation of a private school on the Property, and the construction of all additional improvements on the Property proposed in the conceptual plan per SP2012- 00030. • Once construction of the site has been completed it will be determined if all special use permit conditions per SP2012 -00030 and improvements shown on SDP2013 -00006 and WP02013 -00033 have been completed, including but not limited to parking, landscaping, and stormwater. • There are no outstanding zoning violations with respect to the Property. The "60' undisturbed buffer" depicted on subdivision plats recorded in the Albemarle County Circuit Court Clerk's Office at Deed Book 1102, page 722 -729 and Deed Book 1342, page 228 -248 has been reduced to a 10' landscaped buffer per SUB2012- 00138. This plat has yet to be recorded with the Clerk of the Circuit of Albemarle County, but once the recordation happens the Property should comply with the approved site plan (SDP2013- 00006). The failure to record this plat does not preclude the property from being conveyed but should be completed to be deemed in compliance with both the approved special use permit and the approved site plan. • Copies of site plans, erosion & sediment control plans and certificates of occupancy can be obtained from this office with a request through the department's Records Manager, Ester Grace, 434 - 296 -5832 ext. 3823. Please contact me if you have questions or require additional information. Sincere — Francis H. MacCall Principal Planner Designee to the Zoning Administrator Attachments: Zoning Map Approval letter for ZMA1985 -00029 Approval letter for ZMA1996 -00021 and SP1996 -00046 Approval letter for SP2012 -00030 and Special Exception Copied: Donna R. DeLoria, Esq. Payne & Hodous, LLP. (Via email) Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources April 16, 2014 76M1 -03-19766473'-18 `. 76MI- 3 - -13 <306 6M1- 02 - -15 . f 321. 1��76M1-03--14 1097fiM1= 02 - -14� f- 03 - -17 76M1 -04 - -A 76M1 -17 Legend (Note: Some items on map may not appear in legend) �76M1= ,1.5.',.. 02 - -13 CUES —O o na�RES�"ES,a,o" 0776M1.- " /76M1- 03 - -16 10576M1- 02 - -12\ ,309 ; " 03' 6M1- 0211 6M- 02 - 5' /30 1200 f , E ®Re° " "oo a s� op n 10676M 1 -02 - -6 707 76 76M1 -16 1-03—A I" 76M1 -02 - -7 rD 104 % 76M.1 -02 -8102 .o °1 x ., W :` 6M1- 01 - -55 100 m 76M/ 1 X02 - -A L? 0 - 77/ 1 -13 TM: 77 1205 TM: TM: 75 6M1 -01 - -A 76M1 -15 SnEirN�;� 90C 76M1 -14 1221' J -A4 RNA —_ - -- _ }+ I 90C -03 - -A / 90C- 02 -03- l 90C -A1' 90C -15/, . �131190C- 03 - -36 -1313'` ! 90C- 03- -35 94C -03 - -1 'A 310 t 90C- 02 -03 -5 150 ft 62 3, 3� 0 - 90C 03 690C 03 8 / H 90C -16 65 90C 90C 14 1319 r� . - - - 4312 90C -03� 9�� ` 1364 90C 03 -- 2 90C -03 - -4 f 80C- 03 - -11 , 13 i ; - , 13561358 13fi6 j' GIS -Web Geographic Data Services 90C- �' 1321, \. 03 - -33 _ �90C- 03 - -33 13401342 13481350gOC- 90C -03- -5 90C- 03 03 = -1' - -10 www.albemarle.org °'k<3, (asa)2ss -sasz Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources April 16, 2014 NI s( OF A L,BZj�,r�1 OF ACe Go 2�y .. �7 � DEPAJITMENT of PLANNING and COMMUNITY DEVELOPMENT 401 McIntire Road Charlottesville, VA 22901 -4596 804 296 -5823 May 12, 1986 Mr Daley Craig P O Box 6156 Charlottesville, VA 22906 RE ZMA -85 -29 Forest Hills PUD Dear Mr Craig The Albemarle County Board of Supervisors, at its meeting on May 7, 19BE, unanimously approved the above noted petition to rezone 2.36 acres from R -1 to PUD The property is located on the west side of Avon Street Extended, past the National Guard Armory Tax Map 90, parcel 36A (part of) Scottsville Magisterial District. This approval is subject to the following conditions: 1 Residential, industrial, and commercial areas with their attendant open space areas shall be located in general acccrd with the Application Plan Industrial acreage may increase by not more than two (2) acres as a result of possible realignment of the collector road 2 Uses -permitted in the commercial area shall be as provided in I-;e, -tion 20 4 Commercial /Service uses The applicant shall develop a balanced mix of uses intended to provide 10CELl service to the PUD and the neighborhood in general Shopping center parking standards may be employed. 3 Special use permit approval is required for establishment of the day care center In lieu of day care use, the number of proposed single family detached unit:; lost as a result of final street design, ordinance regulation, or other factors, excluding the desire of the developer, may be added to the number of multi.- family units, and located on this site. 4 Preliminary road layout reflects recommendation of County EngirLear and Planning staff. The residential street design shall. provide for two street connections (including the potential collector road) to Avon Street in the approximate locations shown on the Application Plan The residential street layout shall employ patterns which shall provide reasonably direct access from all residential areas to both Avon Street intersections and, shall provide at least one connE!ction between the northeast and southwest portions of the site, in addition to the potential collector road 5 All roads, with the exception of the potential collector road shall be built to Virginia Department of Highways and Transportation standards and placed in the Secondary System at the time of development of the residential areas utilizing those roads 6 The alignment of the potential collector road shall be in general accord with the Application Plan. The collector road wall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H Gilliam and changes as agreed to by the applicant), presented to the Board on that date There shall. JIDe no residential entrances onto the collector road, with the exception of public road connections 7 The commercial development limited to 60,000 square feet gross floor area 8 The maximum number of dwelling units approved under this PUD is 315 dwelling units If you shculd have any questions or comments regarding the above noted action, please do not hesitate to contact me Si re , J T P Borne D r ctor cf Planning & Community Development COUNTY OF ALBEMARLE Dept of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 (804) 296 -5823 March 4, 1996 Mill Creek Industrial Land Trust Hunter Craig, Tr 338 Rio Road Charlottesville, VA 22901 RE ZMA -95 -15 Mill Creek Industrial Land Trust Tax Map 76M 1, Parcels 11, 12, 13, 14, 15, 17, 18 and 20 Dear Mr Craig The Albemarle Country Board of Supervisors, at its meeting on February 21, 1996, approved the above -noted request sl.ibject to the modification of the floor area limitation as reflected in the following revisions to conditions of ZMA -94 -25 Residential, commercial/ service and industrial areas with their attendant open space areas, including pedestrian trails, shall be located in general accord with the Application Plan. 2 All roads, with the exception of the potential collector road shall be built to Virginia Department of Transportation standards and placed in the Secondary System at the time of developmim � of the residential areas utilizing those roads. The alignment c)f the potential collector road shall be in general accord with the Application Plan. The collector road shall be built in accordance with an agreement approved by the County Attorney and by the Board of Supervisors which is generally in accord with the attached draft agreement dated May 7, 1986 (read by George H. Gilliam and changes as agreed to by the applicant), presented to the Board on that date There shall be no residential entrances onto the collector road, with the exception of public road connection. The possibility that this collector road will be constructed (the extension of the Southern Parkway) within the reserved area shall be clearly disclosed in the Page 2 March 4, 1996 subdivision covenants and restrictions and on the subdivision plat for all lots adjacent to the collector road in the Mill Creek West portion of this PUD In the event that this collector road is constructed, the developer or its successors or assigns shall be responsible fcr the removal of the portion of the Grist Mill Drive median and turn island and the "Mill Creek West " sign proposed within the collector road right -of -way 4 The maximum number of dwelling units approved under this PUD is 435 dwelling units. 5 For the portion of this PUD identified as "Mill Creek West," lots that include portions of the critical slopes (25 % or greater slope) associated with the Biscuit Run stream valley shall provide an easement to Albemarle County and the developer or it successors that prohibits disturbance of the natural grade in the portions of the lots on such slopes. Any maintenance n ,-sponsibilities resulting from disturbance to these slopes shall be incurred by the developer or its successors and not by Albemarle County 6 For the portion of the PUD identified as "Mill Creek West," minimum yards shall be as follows Front: 25 feet 1:or lots with frontage on the road shown as "Grist Mill Drive" on the Application Plan, 20 feet for other lots, except that the front yard may be reduced to 10 feet for attached garages for a maximum lineal distance of 28 feet provided that there shall be no openings except for garage doors in any exterior wall on the enclosed structure parallel to the street between 20 feet and 10 feet from the front line Side 7 5 feet Rear- 20 feet, except in cases in which the rear lot abuts common open space, then the rear yard may be reduced to 10 feet. 7 Special use Permit approval is required for establishment of the stream crossing over Biscuit Run indicated on the Application Plan. Gross floor area of day care facility not to exceed 6,100 square feet. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact m.- Sincerely, o m1b i 'V Wayne lir Director o Plai g Community Development cc Amelia McCL7Tc;y Jo Higgins zM A .9 6 -2 i Ab -� J :., i rr COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 (804) 296 -5823 February 26, 1997 Hunter E. Craig, Trustee Mill Creek Industrial Land Tr P O Box 615 Charlottesville, VA 22906 RE: ZMA 96 -21 Mill Creek Industrial Land Trust SP 96 -46 Mill Creek Industrial Land Trust Tax Map 76M 1, Parcel 15 fol Dear Mr. Craig: The Albemarle County Board of Supervisors, at its meeting on February 12, 1997, took the following actions: ZMA 96 -21 Alill Creek Industrial Land Trust - Approved, as proffered (copy attached) request to amend the development plan for Mill Creek PUD as established with ZMA 85 -29 to change a five (5) acre portion from Industrial to Commercial to allow development of private school by special use permit. SP 96-46 Mill Creek Industrial Land Trust - Approved request to establish private school with ultimate enrollment of 140 students. Please note that this approval is subject to the following condition: 1. The school shall be limited to a maximum of 140 students. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) 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 . age 2 . February 26, 1997 construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year. 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 -5875. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, 'c V. Wayne C' imberg Director of Planning & Co!:: ity Development 1 VWC /jcf cc: Amelia McCulley Tom Muncaster Harriet Kaplan • FEB -04 -47 TUE 12:47 PM FRONTLINE TEST EUU1Ph7ENT - +1 UU4 984 -45b5 JON -16 -97 04 :47 PM E Orlelnal Proffer Amended Proffer (Amendment # PROFFER FORM P.01 Dale: ? /yJZ ZMA# Q6 -z[„_, Tex MapParcels)#r 76 �� �� 's• o9 Acres to be rezoned from Pam r to -Pu,-r> - evaQ.,.,L Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or Its duly authorized agent, hereby voluntai lly proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions aria proffered as a part of the requested rezoning and it is agreed that: (t) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. %I. r, ram (�) Uses provided for in Section 20.4.1 (1) of the Albemarle County Zoning Ordinance as it exists on January 15, 1997, a cony attached, shall not be permittcd. tgnatures or All Owners Printed Natnes of Ni Owners Date OR I% 8lprtatutc of Allotncy -ln -Foot Prinled Name oi Ali; ney tn�Fact (Attach Proper Power of Attorney) "norrORM.wrn Fier.Oecetnbes 1904 9. Ac 3sory uses and structures cluding home occupa- tion, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.7). 20.3.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition: 1. Day care, child care or nursery facility (reference 5.1.6). 2. Fire and rescue squad stations (reference 5.1.9). 3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 4. Electrical power substations, transmission lines and related towers; gas or oil transmisson 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). 5. Home occupation, Class B (reference 5.2). 6. Churches. (Added 9 -2 -81) 7. Parking structures located wholly or partly above grade. (Added 11 -7 -84) 20.4 PERMITTED USES - COMMERCIAL /SERVICE within areas approved as commercial /service on the appli- cation plan, uses permitted shall be as follows: 20.4.1 BY RIGHT 1. Uses permitted by right in section 22.0, commercial, C -1. 2. Uses permitted by right in section 23.0, commercial office, CO. 20.4.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit provided that no separate application shall.be required for any such use included in the original PUD rezoning petition: 1. Uses permitted by special use permit in section 22.0, commercial, C -1. 2. Uses permitted by special use permit in section 23.0, commercial office, CO. -137- (Supp. #24, 11 -7 -84) 10 22.0 COMMERCIAL - C -1 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 estab- lished 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 character- istics, 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). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 1 0 -145- (Supp. #68, 9 -9 -92) 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. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.9). 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.'1.6). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities ex- cluding 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- 12 -93) -146- (Supp. #72, 5- 12 -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 31.2.5); public water and sewer trans- mission, main or trunk lines, treatment facilities, pumping stations and the like, owned and /or operated =-)y the Rivanna Water and Sewer Authority (reference 31.1.5; 5.1.12). (Amended 11 -1 -9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 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 -6) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. Farmers' market (reference 5.1.36). (Added 10- 11 -95) 22.2.2 BY SPECIAL USE PERMIT 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 18.0, 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. Parking structures located wholly or partly above grade. (Added 11 -7 -4) -147- (Supp. .180, 10- 11 -95) I % 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) 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) - 147.1- (Supp. 1168, 9 -9 -92) U au5m. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 5, 2013 Valerie Long, Williams Mullen 321 E. Main St., Suite 400 Charlottesville, Va. 22902 RE: SP201200030 - The Peabody School Tax Map 76M1, Parcel 15, Scottsville District Dear Ms. Long: On May 8, 2013, the Albemarle County Board of Supervisors approved the above noted petition to expand the maximum enrollment (70 additional students) at the Peabody School. This approval was based on the following conditions: Development of the use shall be in general accord with the conceptual plan titled "Peabody School Application Plan for Special Use Permit," prepared by Collins Engineering, with the latest revision date of March 18, 2013, as determined by the Director of Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development shall reflect the following major elements within the development essential to the design of the development: • Location of parking areas and turn - arounds • Open space = -� • Landscape buffer • Location of multi- purpose building addition as shown on the plan. Minor modifications to the plan which do not conflict with the elements above may be made to ensure compliance with the Zoning Ordinance. 2. The maximum enrollment shall not exceed two hundred ten (210) children. 3. Landscape buffer adjacent to the Southern Parkway shall include screening in accordance with Section 32.7.9 of the Zoning Ordinance for the parking, turn - around, and the multi- purpose building. In addition, the Board approved a special exception granting a variation to allow the multipurpose building to be located 10 feet from the property line by allowing the reduction in setbacks from 30;feet to 10 feet. 1 I Page Pace 12 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 PERMIT; • approval of and compliance with a SITE PLAN amendment; and • � approval of a,ZONING COMPLIANCE CLEARANCE. Before beginning uses as allowed by this special use permit or if you have questions regarding the above -noted action, please contact Rebecca Ragsdale at 296 -5832. Sincerely, V. Wayne - mberg Director of Planning Cc: The Peabody School 1232 Stoney Ridge Rd Charlottesville, VA. 22902 Rebecca Ragsdale, Zoning File ..