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HomeMy WebLinkAboutLZC201400041 Legacy Document 2014-11-24• 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 24, 2014 Republic Title Services Old Republic National Title Insurance Company c/o Valerie Long, Esquire Williams Mullen 321 East Main St. Suite 400 Charlottesville, Virginia 22902 -3200 Ladies and Gentlemen: At the request of Williams Mullen, we have examined our records with respect to that certain real property lying in Albemarle County, Virginia, currently owned by New Era Properties, LLC and Avon Holdings, LLC and designated in the County's real estate tax records as parcels 076M1- 00- 00- 002A0, 076M1- 00- 00- 002B0, 076M1- 00- 00 -004AO and 07700- 00- 00 -011E0 (collectively, the "Property ") and we are pleased to advise you that: a. The Property is currently zoned Planned District- Shopping Center ( "PD- SC") under the zoning ordinance of Albemarle County, Virginia. The PD -SC zoning district permits the use of the Property as a Wegmans- anchored shopping center (the "Intended Use "), as a matter of right, without the necessity of obtaining any additional conditional or special use permit, variance, special exception or other authorization or approval. The Property is currently subject to the following zoning cases: i. Zoning Amendment Case ZMA 200900001 (a copy of which is attached hereto as Exhibit A); ii. . Special Use Permit SP 201000003, which permits structured parking (a copy of which is attached hereto as Exhibit A); iii. Special Use Permit SP2012- 00029, which permits fill in the floodplain subject to the plans approved by the Albemarle Board of Supervisors on March 13, 2013, pursuant to the Minutes from the March 13, 2013 meeting attached hereto as Exhibit B. The approved conditions of such approval are listed on Page 14 of the attached Minutes. b. The Property is not currently subject to any additional proffered conditions, plan of development or other special limitations imposed by Albemarle County, Virginia in connection with the zoning or rezoning of the Property other than as referenced in paragraph a November 24, 2014 LZC2014 -00041 Page 2 herein. C. To the best of my knowledge, the Property, to be developed for the Intended Use, is currently in compliance with all applicable requirements of the zoning ordinance of Albemarle County, Virginia, including (i) Zoning Amendment Case ZMA 200900001; (ii) Special Use Permit SP 201000003; and (iii) Special Use Permit SP2012- 00029. A review of our files found (i) no violations or alleged violations or regulations applicable to the Properly, whether pending, contemplated or having already occurred, (ii) no fees due or pending with respect to any matter before the County Planning Office; and (iii) no pending application for rezoning of the Property, or for a special or conditional use permit or variance in connection with the Property. Further, no proceeding to challenge the zoning or other governmental approval or use of the Property is pending, or, to the best of our knowledge, overtly threatened. d. The Property is now recognized as one or more separate parcels of land under the subdivision ordinance of Albemarle County, Virginia, may be conveyed, leased, or mortgaged as one or more separate parcels and currently complies with such subdivision ordinance and other applicable subdivision laws. The Property is not subject to any conditions or special limitations imposed by Albemarle County, Virginia in connection with any subdivision approval of the Property. Please contact me if you have questions or require additional information. Sincerely, Sarah . Baldwin Senior Planner Designee to the Zoning Administrator