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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
November 14, 2014
Ally Bank
(Ally Capital in Hawaii, Mississippi, Montana and New Jersey)
a Utah Corporation
6985 Union Park Center, Suite 435
Midvale, Utah 84047
RE: LZC2014 -00040 TMP 07800- 00- 00 -009AO SANDAV LLC, and TMP 07800 -00 -00 -011 B1
SPAKIA LLC
To Whom It May Concern:
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following for TMP 07800- 00- 00 -009AO SANDAV LLC, P O BOX
7463 CHARLOTTESVILLE VA 22906 (the "Property ")
• The Property lies within the boundaries of Albemarle County, Virginia and is zoned HC,
Highway Commercial under the Zoning Ordinance of Albemarle County, Virginia (the
"County ").
The use if the property as an automobile dealership is a permitted use in the HC zoning
district. The Property is subject to Special Use Permit SP2002 -00027 approved 8/14/2002
for the outdoor storage and display of the automobiles. See attached approval letter. A site
inspection reveled that there are display vehicles that are not located in the designated
display areas as outlined in condition number 2, thus not in compliance with the Special Use
Permit conditions. This should be corrected if compliance with zoning is to be determined.
The Property is subject to Site Development Plans, SDP2002 -00130 that was approved on
10/26/2002 and has been amended per SDP2005 -00135 approved on 10/06/2011. The
Property appears to have has been developed partially per the approved plans. There are
certain buildings that have been approved on the plans but have yet to be built. A site
inspection revealed inconsistencies with the approved plans regarding the display parking,
and dumpster location.
• Since March 16, 2007 there have been three (3) zoning violations cited for the Property.
ZV1O2008 -00168 for ARB condition for the color of the dome on the Property; this has been
abated, ZV1O2010 -00229 for signage on the Property; this has been abated, ZV102011-
00123 for signage on the Property; this has been abated.
• The Property is not presently in violation of any zoning ordinance regulations, including
/ setbacks, density, parking and height of structures. There is no record of any pending /open
zoning violations having been filed with respect to the Property and no knowledge of any
violations of the applicable portions of the zoning ordinance.
• Copies of site plans and certificates of occupancy may be obtained from this office with a
request through the department's Records Manager, Esther Grace, at 434 - 296 -5832 ext.
3823.
November 14, 2014
LZC2014 -00040
Page 2
In response to your request for a Letter of Zoning Compliance for the above referenced
Property, please be advised of the following for TMP 07800 -00 -00 -011 B1 SPAKIA LLC, P O BOX
7463 CHARLOTTESVILLE VA 22906 (the "Property ")
• The Property lies within the boundaries of Albemarle County, Virginia and is zoned HC,
Highway Commercial under the Zoning Ordinance of Albemarle County, Virginia (the
"County ").
• The use if the property as an automobile dealership is a permitted use in the HC zoning
district. The Property is subject to Special Use Permit SP2007 -00023 approved 9/05/2007
for the outdoor storage and display of the automobiles. See attached approval letter. A site
inspection reveled the site to be in compliance with the Special Use Permit conditions.
• The Property is subject to Site Development Plan, SDP2005 -00135 that was approved on
10/06/2011. The Property appears to have has been developed partially per the approved
plan. There is a building that has been approved on the plan but has yet been built. A site
inspection revealed inconsistencies with the approved plans regarding the landscaping and
dumpster location.
• The Property is not presently in violation of any zoning ordinance regulations, including
setbacks, density, parking and height of structures. There is no record of any pending /open
zoning violations having been filed with respect to the Property and no knowledge of any
violations of the applicable portions of the zoning ordinance.
• Copies of site plans and certificates of occupancy may be obtained from this office with a
request through the department's Records Manager, Esther Grace, at 434- 296 -5832 ext.
3823.
Please contact me if you have questions or require additional information.
Since
Francis H. MacCall
Principal Planner
Designee to the Zoning Administrator
Attachments: Zoning Map, SP2002 -00027 and SP2007 -00023
SANDAV LLC SPAKIA LLC
P O BOX 7463 P O BOX 7463
CHARLOTTESVILLE VA, 22906 CHARLOTTESVILLE VA, 22906
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources November 14, 2014
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
(434) 296 - 5823
Fax (434) 972 - 4012
August 20, 2002
Alton L. Carver
195 Riverbend Drive
P O Box 8147
Charlottesville, VA 22906
RE: SP- 2002 -027 Kia Deadership; Tax Map 78, Parcel 9
Dear Mr. Carver:
The Albemarle County Board of Supervisors, at its meeting on August 14, 2002, unanimously approved the above -
noted request: Please note that this approval is subject to the following conditions:
1. Vehicles shall not be elevated;
2. Vehicles shall be displayed only in the areas indicated for display as shown on the site plan;
3. The use shall not commence prior to the issuance of a Certificate of Appropriateness by the Architectural Review
Board. This shall include approval of landscaping and lighting plans;
4. In addition to the landscaping required by condition three, the applicant shall provide trees along the interior drive
forty feet (40') on center, two and one -half inch (2'/2 ") caliper, at the bottom of the slope. Provide a mix of
screening trees, screening shrubs, and ornamental trees throughout the slopes to soften its appearance;
5. The open rip -rap channel shall be changed to a sub - surface pipe to the satisfaction of the Engineering
Department; and
6. The storm water BMP facility will be designed as a recreational amenity compatible with the adjacent residential
development.
In the event that the use, structure or activity for which this special use permit is issued shall not be commenced
within twenty -four (24) 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 construction of any structure necessary to the use of such permit within
two (2) years from the date of the issuance.
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 -5832.
If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact
me.
Sincerely,
c1 u;
V. Wayne
Director o
VWC /jcf
Cc: Amelia McCulley Jack Kelsey Tex Weaver
Steve Allshouse Matt Grimes, VDOT
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 4012
September 25, 2007
Dominion Development Resources
c/o Justin Shimp
172 South Pantops Drive
Charlottesville, VA 22911
RE: SP# 2007 -00023 Kia Auto Display (Sign # 55)
Tax Map 78, Parcel 9
Dear Mr. Shimp:
On September 5, 2007, the Albemarle County Board of Supervisors took action on SP #2007-
00023 to allow the expansion of the Kia Auto dealership, including outdoor display and sale of
automobiles in the Entrance Corridor on Tax Map 78, Parcel 9 in the Rivanna District. This
special use permit was approved based on the following conditions:
1. Vehicles shall not be elevated anywhere on site.
2. The improvements proposed under SP- 2007 -23 shall be developed in general accord
with the site plan entitled "Kia Auto Dealership Major Site Plan Amendment' prepared by
Dominion Development Resources, LLC, with revisions dated 6- 22 -07. Vehicles shall be
displayed only in spaces labeled as "display parking" on this plan.
3. Display parking shall be only in designated striped parking spaces as identified on this
plan.
4. Final site plan approval is subject to ARB approval of the landscape plan (which shall be
submitted with the site plan). Landscaping shown on the plan may be required to be in
excess of the minimum requirements of ARB guidelines or the Zoning Ordinance to
compensate for the negative visual impact of the proposed use, particularly regarding
perimeter trees at the new display area.
5. Final site plan approval is subject to ARB approval of the lighting plan (which shall be
submitted with the site plan). Maximum light levels on site shall not exceed 30
footcandles.
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;
• 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 Sherri Proctor at 296 -5832.
Sincerely,
V. Wayn Cilimberg
Director of Planning
Cc: Tucker Hurt
195 Riverbend Drive
Charlottesville, VA 22911
Albemarle Hotel LLC
P0 Box 8147
Charlottesville, Va 22906
Tex Weaver
Chuck Proctor
Sherri Proctor
File