HomeMy WebLinkAboutLZC200800022 Legacy Document 2008-11-07COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
October 28, 2008
Ms. Paige H. Johnston
1301 Riverplace Blvd.
Ste. 1500
Jacksonville, FL 32207
RE: Tax Map 32, Parcels 43, 43B, 43C, 43D (the "Property")
Dear Ms. Johnston:
Fax (434) 972-4126
In response to your request concerning the above referenced parcels compliance
with applicable codes, regulations and ordinances, please be advised as follows:
• The Property is zoned Planned Development -Mixed Commercial (PD -MC)
and is located in the Entrance Corridor Overlay District (EC) and Airport
Impact Area (AIA). PD -MC allows a mixture of commercial uses as well as
office uses. The Property is classified as Town Center in the Comprehensive
Land Use Plan.
■ Attached are sections from the ordinance that outline all permitted by -right
uses and those uses permitted by special use permit.
■ The Property was rezoned under ZMA2001-19, which was approved July 16,
2003, with proffers. A copy of the action letter and proffers is attached.
■ The Property is the subject of ZMA2006-007 which amended the proffers to
extend the deadline for the construction of Meeting Street and its acceptance
into the VDOT system. A copy of the action letter and proffers is attached.
■ The site was developed in accord with SDP2003-81. This site plan allowed
the overall development of two anchor stores (now Target and Harris Teeter),
a restaurant (TGI Fridays), Pet Smart, Chevy Chase Bank, and multiple
Paige Johnston
October 28, 2008
Page 2
smaller retail shops and restaurants. All of the uses contained within the
development have obtained zoning clearance approvals.
• SP2005-005 was approved to allow the Pet Smart as a veterinary
clinic/grooming facility with retail. A copy of the Board's action letter with
conditions is attached.
■ SP2001-063 and SP2001-064 were approved to allow drive-in windows. A
copy of the Board's action letter with conditions is attached.
■ The parent parcel, Parcel 43, was the subject of a subdivision plat, SUB2004-
028, which was approved June 30, 2004. This plat, prepared by Timothy
Miller, CLS and dated June 24, 2004, created Parcels 43B (Target), 43C
(Chevy Chase Bank) and 43D (this parcel does not have an established use,
please see below). The residue, Parcel 43, includes Harris Teeter, Pet Smart,
TGI Friday's and the adjacent retail strips.
• The sale of alcoholic beverages does not require a special use permit.
■ The property is currently not in compliance with all zoning regulations.
o As of October 24, 2008, this property is in violation of a proffer that
requires the construction of Meeting Street and its acceptance into the
VDOT system by the deadline as stated in the ZMA case. This
violation is currently under appeal but continues to be in violation.
o Staff is investigating a complaint from an Architectural Review Board
member against TGI Fridays. This complaint is regarding window
openings at the North end of the building that face Rt. 29 which have
mirrored glass, instead of clear glass. Staff is working with the
business to resolve this issue. A Notice of Violation has not been
issued at this time.
o The subdivision plat that was filed, SDP2004-28, inadvertently created
a parcel that now exists as a stand alone parking lot, which is only
allowed by special use permit. This will need to be remedied by one of
three options: 1) filing and approval of a special use permit, 2) a
boundary line adjustment to dissolve the parcel line that creates the
separate parcel, 3) establish a use on the parcel.
Paige Johnston
October 28, 2008
Page 3
Please contact me if you have questions.
Sincerely,
ohn Shepherd
Manager of Zoning Administration
Enclosures: Zoning Ordinance Sections 22.2, 23.2, 24.2, 25.2
ZMA2001-19 Original rezoning action letter with proffers
ZMA2006-07 Amended rezoning action letter with proffers
SP2005-005 Petsmart action letter with conditions
SP2001-063 Drive-in window action letter with conditions
SP2001-064 Drive-in window action letter with conditions
V1O2007-106 Violation of Proffer for Meeting Street