HomeMy WebLinkAboutLZC200800026 Legacy Document 2008-11-21COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
November 20, 2008
Mr. Alexander W. Powell, Esquire
Kaufman & Canoles, P.C.
4801 Courthouse Street, Suite 300
Williamsburg, VA 23188
RE: HMP Properties, LLC, a Virginia limited liability company and/or assigns
Tax Map 78 Parcel 9 (new lot D portion), 2.40 acres, more or less
Zoning Certification Letter
Dear Mr. Powell:
In response to an Application for Letter of Zoning Compliance & Certification, this office has
researched your request and offers the following conclusions regarding Parcel 9D of Tax
Map 78 as described in the attached Exhibit A:
• The above referenced property is zoned Highway Commercial (HC). The permitted
by -right uses in this zoning district are as listed in the attached Section 24.2.1 of the
Albemarle County Code, Chapter 18, Zoning Ordinance.
• The property is, located in the Entrance Corridor Overlay District (EC), therefore, any
project on the property is subject to review by the Albemarle County Architectural
Review Board.
• We have no record of any outstanding violations on the site.
Please comm. ,e, fou have questions or require additional information.
onald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Attachments: -Exhibit A
-Albemarle County Code Section 24.2.1
Exhibit "A"
All that certain tract or parcel of land, together with all rights and appurtenances,
located on the south side of Olympia Drive in Albemarle County, Virginia,
containing 2.40 acres, more or less, designated as "Lot D A Portion of Parcel 9"
on that certain plat of Dominion Development Resources, LLC, dated October 4,
2007, last revised February 12, 2008, entitled "Plat Showing Subdivision And
Boundary Adjustment Of Tax Map 78, Parcels 9 & 11, Town and Country
Commercial, Rivanna District, Albemarle County, Virginia" (the "Plat"), which
Plat is recorded in the Clerk's Office of the Circuit Court of Albemarle County,
Virginia, in Deed Book 3657, Pages 564 - 579.
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
Sections:
24.1
INTENT, WHERE PERMITTED
24.2
PERMITTED USES
24.2.1
BY RIGHT
24.2.2
BY SPECIAL USE PERMIT
24.3
MINIMUM FRONTAGE, SHAPE OF DISTRICT
24.4
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of 1nniting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
24.2 PERMITTED USES
24.2.1 BY RIGHT
The following uses shall be permitted in any HC 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 characteristics,
visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.0.
1. . Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
18-24-1
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. "Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
18-24-2
ALBEMARLE COUNTY CODE
35. Electric, gas, oil and communication facilities excluding 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. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
36. 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 transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses (reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.36). (Added 10-11-95)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; Ord. 02-
18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive4n theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro -
18 -24-3
Zoning Supplement #30, 10-13-04
ALBEMARLE COUNTP CODE
wave and radio -wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Contractors' office and equipment storage yard.
9. Auction houses.
10. 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.
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
12. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84;
Amended 2-5-03)
13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
14. 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)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; 6-16-99; Ord. 03-18(1), 2-5-03; Ord.
04-18(2),10-13-04)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4.
Zoning Supplement #30, 10-13-04