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HomeMy WebLinkAboutLZC200400005 Legacy Document 2008-12-04June 25, 2004 Jane Covington P.O. Box 843 Keswick, VA 22947 RE: Tax Map 79, Parcel 19 Dear Ms. Covington: You have asked for a letter that provides an analysis of the zoning and other information regarding the referenced property, located at 3025 Louisa Road. This letter is based on a review of our records and an inspection of the site. 1. The attached plan, titled Shadwell Antiquares, Inc. Major Site Plan Amendment (Shop to Tea Room- Restaurant), revised on March 20, 2000 and approved on March 22, 2000 is the most recent approved plan of development. The site must also comply with the plan titled "Outdoor Lighting and Dumpster Screening Details," dated November 30, 1998 and initialed SBW. And, the plan must comply with the landscape plan submitted on March 20, 2000 and initialed SBW. 2. The site was inspected for compliance with the site plan during the week of June 7, 2004. All of the improvements shown on the plan have been completed with the exception of landscaping. Zoning inspectors are working with a contractor to replace landscaping material as needed. Once this work is complete and a maintenance bond is established, Violation -2003-233 will be abated. 3. The retail antique shop shown on the plan requires 70 parking spaces. The tea shop (restaurant) requires 27 spaces. There are 98 spaces provided on the site. The site is in compliance with the parking requirements of the zoning ordinance. 4. The Thomas Jefferson Health Department is responsible for the enforcement of regulations that govern the current and future use of the sewage disposal system. Amendments to the site development plan will require the approval of the Health Department. If you have questions regarding the Health Department's regulations, please contact Jack McClelland at 972-6259. Jane Covington June 25, 2004 Page 2 5. At this time, no off site improvements to Route 22 are required in order to operate the retail antique shop and tea shop shown on the site plan amended on March 20, 2000 and approved on March 22, 2000. However, improvements to Route 22 may be a condition of approval of any future site plan, including the plan that is required pursuant to SP -2002- 50. This issue was discussed by the Planning Commission and the Board of Supervisors during the review of SP -2002-50. Copies of the Commission's December 10, 2002 minutes and the Board's January 15, 2003 minutes are enclosed. I am also enclosing a copy of section 32.2.1 of the Zoning Ordinance. This section specifies the conditions that trigger the requirement for a site plan. 6. A Certificate of Occupancy (CO) for the use of the 7,000 square feet on the lower level was issued to Shadwell Cove LLC on June 30, 2000. The CO carries this special condition, "Caf6 to be completed and C.O.'d at a future date." A copy is enclosed. The occupation of the tea shop and the upper level of the larger building requires a certificate of occupancy. 7. The Board of Supervisors approved a special permit, SP -2002-50, on January 15, 2003 for the Shadwell Animal Hospital. The approval is subject to this one condition: "An amended site plan showing the change of use shall be submitted for approval." A copy of the approval letter is enclosed. Please be aware that the permit expires on January 15, 2005. 8. Please be aware that Section 4.1 of the Zoning Ordinance regulates the minimum area required for parcels and commercial establishments based on the provision of water and sewer. Sections 4.1.1, 4.1.2 & 4.1.3 are copied below for your reference. The entire parcel contains 88,688 square feet. 4. 1.1 For a parcel served by both a central water supply and a central sewer system, the minimum area requirements of the district in which such parcel is located shall apply. 4.1.2 For a parcel served by either a central water supply or a central sewer system, there shall be provided a minimum area of forty thousand (40,000) square feet per commercial or industrial establishment or per dwelling unit as the case may be. 4.1.3 For a parcel served by neither a central water supply nor a central sewer system, there shall be provided a minimum of sixty thousand (60,000) square feet per commercial or industrial establishment or per dwelling unit as the case may be. The review of plans and permits associated with this site did not address this issue. Those actions are summarized as follows. SDP -98-161 Shadwell Antiquaries Preliminary Plan- This plan showed an antique / retail use and an antique repair shop. It was administratively approved on January 27, 1999. Jane Covington June 25, 2004 Page 3 SDP -99-88 Shadwell Antiquaries Final Plan- This plan also showed an antique / retail use and an antique repair shop. It was administratively approved on June 11, 1999. SDP -99-128 Shadwell Antiquaries Major Amendment- This amendment to the site plan changed the repair shop to restaurant / tea shop. The Planning Commission approved this amendment, with conditions, on December 7, 1999. The amended plan was signed on March 22, 2000. SP -2002-50 Shadwell Animal Hospital- This special permit allows an animal hospital to be operated on this site. The Board of Supervisors approved this permit on January 15, 2003. None of these actions took the requirements of Section 4.1.3 into account. It is determined that two commercial establishments may operate on this site based on the approval of the amended site plan (SDP -99-128) showing the tea shop and the retail uses, the approval of the special permit for the animal hospital and the note on the plan that documents the Health Department's regulations that limit the site to a maximum of five employees. You have asked for a clarification of the meaning of "commercial establishment." The zoning ordinance does not provide a definition of that term. However, we are guided by a definition of establishment, used by Wood River, Ill., that is provided in A Planners Dictionary, edited by Michael Davidson and Fay Dolnick and published by the American Planning Association. "Either of the following: (A) an institutional, business, commercial, or industrial activity that is the sole occupant of one or more buildings; (B) an institutional, business, commercial, or industrial activity that occupies a portion of a building that: (1) the activity is a logical and separate entity from the other activities within the building and not a department of the whole; and (2) the activity has either a separate entrance from the exterior of the building, or a separate entrance from a common and clearly defined entryway that has direct access to the exterior of the building." Be advised that the operation of three commercial establishments, the subdivision of the parcel, the conversion of the property to a condominium regime or a relaxation of the Health Department's limitation of the site to five employees shall trigger a review for compliance with Section 4.1. Jane Covington June 25, 2004 Page 4 I identify two remedies for this limitation. You may request a variance from the Board of Zoning Appeals to reduce the required area. You may petition the Board of Supervisors for a permit to establish a central system. Please contact me if you have questions or require further information. Sincerely, John Shepherd Manager of Zoning Administration COPY: The Covington Company P.O. Box 8510 Richmond, VA 23226 Fax: 804-282-4750 Clifford H. Fox, Jr. Foxfyre Enterprises, Inc. 4543 Garth Road Charlottesville, VA 22901