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HomeMy WebLinkAboutLZC201400023 Review Comments• 1p11111WIN 0WR COUNT' OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 27, 2014 Abington Place, LLC c/o Donna R. DeLoria, Esquire Payne & Hodous, LLP 414 East Jefferson Street Charlottesville, VA 22901 Re: LZC2014 -23 The Commercial Space in Abington Place Offices and Condominiums (TMP 032BO- 01 -00- 101A0 and 032B0- 01- 00- 101B0) (the "Property ") Ms. DeLoria: This certification regarding the zoning, subdivision and regulatory status of the above - referenced Property is provided at the request of Abington Place, LLC. (a) The Property lies within the boundaries of the County of Albemarle, Virginia and the undersigned is authorized and empowered to execute this letter on behalf of the County. 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. (b) The Property is zoned Neighborhood Model Development ( "NMD "), and is subject to ZMA2002 -02 ( "ZMA ") dated August 6, 2003, and a Code of Development ( "COD ") dated June 10, 2003. Use of the Property for commercial office units is permitted by right under the requirements of the ZMA and COD. Such units may be sold or rented. (c) The Property is subject to the four (4) proffers set forth in the ZMA. There are no violations of the proffers and all have been completed, except as follows: Proffer 3 allows for the establishment of a Community Development Authority (CDA). This proffer is ongoing. (d) The Property is subject to the following overlay district(s): Airport Impact Area (AIA). (e) The Property is subject to the following variances, conditional use permits, special exceptions or special use permits: None (f) The current uses, occupancy, operation and improvements of the Property, and the condominium of which the Property is a part, are in full compliance with the Zoning Ordinance, ZMA, and COD, including but not limited to all provisions regulating setbacks, density and height, and there are no outstanding zoning violations with respect thereto. (g) Access and parking for the Property, and the condominium of which the Property is a part, are in frill compliance with the Zoning Ordinance, ZMA, and COD. There are no restrictions to assigning parking spaces to users . of the Louts in the condominium of which the Property is a part. (h) The condominium of which the Property is a part was originally built under a site plan, SDP20060050, dated June 29, 2006, last revised January 29, 2007, approved February 16, 2007, and two minor site plan amendments: SDP200800045, approved April 25, 2008, and SDP200800122, approved September 2, 2008 (together, the "Site Plan "). There have been no further amendments to the Site Plan. The subdivision plat applicable to the Property is SUB200600191, dated December 28, 2006. (i) The Property has 56 permanent certificates of occupancy. The shell building is subject to a temporary certificate of occupancy pending completion of the build -out of the Property. The Property may be finished under the Site Plan as office space. Any other uses permitted by the COD may require a Letter of Revision to the Site Plan and appropriate building permit(s). The Site Plan, ZMA and COD limit the number of residential units to 70 with a maximum of 84,000 square foot and /or a maximum of 50,000 square feet of nonresidential that may be created from the Property. 0) The current uses, occupancy, operation and improvements of Property, and the condominium of which the Property is a part, comply with all applicable zoning, building, subdivision and platting ordinances, rules and regulations and can be conveyed without the filing of a plat or replat of the Property or the condominium of which the Property is a part. (k) The status of the roads adjoining the condominium of which the Property is a part is as follows: (i) Timberwood Boulevard: is dedicated to public use; however it is not accepted for public maintenance and remains bonded with the County. (ii) Lockwood Drive: is dedicated to public use; however it is not accepted for public maintenance and remains bonded with the County. (iii) Livingston Drive: is dedicated to public use; however it is not accepted for public maintenance and remains bonded with the County. (1) The SWM Facility directly behind the condominium of which the Property is a part is a regional facility dedicated to public use and used by all of the properties in the drainage area. The facility does not contain all required plantings as contained on the WPO and the facility is still subject to a bond held by the County. Should you require further information, please let me know. Sincerely, Sarah . Baldwin Copies Enclosed