Loading...
HomeMy WebLinkAboutSP200800059 Legacy Document 2008-12-22COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 2008 -00059 Luxor Commercial Veterinary Office- Extension SUBJECT /PROPOSAL /REQUEST: Request for extension of time allowed to establish special use permit for veterinary office. STAFF: Rebecca Ragsdale PLANNING COMMISSION: January 6, 2009 BOARD OF SUPERVISORS: January 14, 2009 OWNER /APPLICANT: Nigel Bray, owner; Denico Development (Denise LaCour), applicant BACKGROUND The Luxor Commercial rezoning and accompanying special use permits to allow the drive -thru bank and veterinary office were approved in October 2005. The project included a rezoning of 3.523 acres from R -6, and R -15 (Residential) to a Planned District Mixed Commercial (PDMC) and a rezoning of 1.377 acres from C -1 (Commercial) to PDMC to allow a 1,500 square foot bank and 80,000 square feet of mixed commercial, including an SP for the vet use. (Attachments A & B Location maps) The approval letter for the rezoning and special use permits, including proffers, and the staff report for original action are attached for reference. (Attachments E) SP# 2007 -00017 was subsequently submitted to request additional time to establish the veterinary use and was approved on August 1, 2007; there were no issues raised by reviewers or staff. The special use permit was approved with the same original conditions, with minor modifications and the time extension of 18 months: 1. A separate entrance and exit shall be provided for the clinic in accordance with Section d; 2. No outdoor exercise area shall be permitted; 3. The veterinary clinic be identified as located in building 4 and; 4. Architectural Review Board issuance of a Certificate of Appropriateness; 5. Special Use Permit 2007 -017 shall be valid eighteen (18) months from its date of approval. DISCUSSION The applicant is requesting an additional four years for the use to be established. The applicant has been delayed in establishing the vet use due to difficulties during the site plan approval process, including obtaining easements and complications with utilities on the site. The applicant is nearing final site plan approval for the phase of the project that will include the building for the vet use. (Attachment C- Letter requesting extension) The purpose of the time period provision for special use permit approvals in the ordinance is to allow any ordinance changes to be applied at the time the extension is reviewed. It allows the County to consider whether there have been changes in circumstances such that the granting of the special use permit should be revisited. In the case of this request for extension, there is no reason to revisit the special use permit and there have been no ordinance changes since the SP was approved in 2005. Staff does not foresee any upcoming amendments or changes of circumstance to suggest the use will not be appropriate at this location. SP 2008- 059Luxor Vet. SP Extension Planning Commission 116109 Board of Supervisors 1/14/09 Staff has found that a modification to Section 5.1.11(B) should also be approved by the Planning Commission. (Attachment D- Section 5. 1.11) b. For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed fifty -five (55) decibels; (Amended 11- 15 -89; 6- 14 -00) The building in which the vet would be located is less than 200 feet from the adjoining R6 Zoning District boundary to the east. (See Attachment B) This area of R6 zoning is right -of -way for a road located between the Luxor Commercial Development and the Aunt Sarah's commercial property. The vet will be located as originally proposed and will still comply with the soundproofing requirements of Section 5.1.11. RECOMMENDATION Staff has found no unfavorable factors to this request and recommends approval of SP 2008 -059 for the Veterinary Office, with the following conditions of approval, with updates to conditions in bold italics: 1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5. 1.11 d; 2. No outdoor exercise area shall be permitted; 3. The veterinary clinic shall be located in building 4, as shown on the plan entitled "Application Plan for Luxor Commercial Center ", prepared by Rivanna Engineering, dated October 13, 2004, last revised July 25, 2004 and; 4. Architectural Review Board issuance of a Certificate of Appropriateness; 5. Special Use Permit 2008 -059 shall be valid forty -eight (48) months from its date of approval. Staff recommends a modification of Section 5.1.11(b) to allow the vet to be located in a building less than 200 feet from the R6 zoned property line to the east. ATTACHMENTS: A. Location Map - Aerial B. Location Map- Zoning C. Letter from applicant, Denico Development dated November 18, 2008 requesting time extension D. Section 5. 1.11 of the Zoning Ordinance E. Approval letter dated October 25, 2005 for ZMA 2004 -012 Luxor Commercial & SP 2004 -0038 & SP 2005- 002 and Staff Report dated August 30, 2005 for ZMA 2004 -12, SP 2004 -38, and SP 2005 -002 SP 2008- 059Luxor Vet. SP Extension Planning Commission 116109 Board of Supervisors 1(14/09 SP 2008 -059 Luxor Vet Extension - Location Map Marto on mW mW not apps In ) 78F -4d 7aF, -58 4 r78 -12 j °* 7 F- 2978E -26 •• - `Z8F -46 78F -57 7aF -01 - -7 � ❑ F- 78F -47 `7r878F -28 78F 5 78F -24 78F= 2'78F -48y — P�• ^�• •- 321 1514 for- _51. F_ _ `.fir � 78F -1 78F -• 7SF- 7iF-18 78F-55 78F- 1-;; 8F- - ❑ 7iF= 7iF -17 78F- 78 ! N� 7.8F -57 F- 7' 78F-52, 78F -0 _ _. ZL• 78F -7 1 •' 78F -8 78F- F- 1 - -12 98F- 8F- - �' ❑ ° - -� r 7$F 4 7 F-16 r;- ilk 78F,1 'y 7 p -1 78F -1. 7.8E -' S F .. ' � ;, - ❑ .. -�. .. \78F -'11,. RD W ✓` 225, 227 314 8 76 ',�. � ,� �' /;� �- �, - •1628 .,�„«- .� -�.�, 250 R�cy� • w'! , 78 -55D :I' ■ .. , 234 250 Racy' 231' J., 23+ra F 236 Qj 70 -74 a- SD tip 4 241 O 250 '138 Q t' -o 't / tj' • -• Off: - t r' 37 A& s��_240 P I- 1626 4 •239 X242 ` T 4 78 -55A2 . •_ 243 !� 75A / f 7 2055 •9e _ / ! ,� • /lip `� � .L,. _ - f 2050+ ��': 1658 ti 78-72 y4� 1304 78-776 72-20C4 ,� �0''•, !f 171 Fc4t70 '. 78`62; �'O f ¢ 1652r�M► ,� s Map is for display purposes only • Aerial Imagery from Commonwealth of Virginia GIS -Web Geographic Data S e rvi ces walbernaro OJO."' (434) 296 -5832 Attachment A A� A CS i 305 - 241 78 -12B 314 R /cy MOti O /� ,p�cy O \tip SRO 2050+ r, k, 78- 75B +`d;, 2055 SP 2008 -059 Luxor Vet Extension Legend (Now Sorne kerns on map may not appear in legend) OF I air 78F -29 78F -26 78F-44 %' 78F -58 78F -01- 78 -12 ❑ ' °" �78F =25� / 8F -46, 8F -47 78F -49 78F- �4 78F 2 8F 48, 78F -57 78F -27 7.8F -23 / 78F - 501512 SARANA 78F-21 �� / r 78F -56� C•LN , 221 / / i / 514 78F -51 78F- 01 - -21 " -d "- '78'F ,-3 78F -20 78F -18 78 78F -01 - -8 , ❑ " ° " °"" "' F -1 78F -54 78F,01 - -20 78F -4 331 78F -19 78F -1'7 78F -A 78F -53 �� — �a --- 78F -� �/ 78F -01 - -9 78F =01v �78F -5 78F -6 .337r� 78F -52 78F-01--1 �` 78`1 -_18 — ...v A,A - -,,., 8F -7 339t343 78F-01--11 78F01 =17 — "N c" - 78F -8 74-9. 78F =14 78F- 01 - -12 78F- 01 - -15 78F- 01 - -16 78F -16 78F. 1 78F -12 78F -'13 78F-15 78F -0` 3 �/ / ❑ a -e," ... .." °° "d." , 78F 1.1 i ti t78F- 01 -44 78F -01 - -A / W. / 2225 7 2 «� 7 -55A4 / 1628 �2 ■ � � a.d 250 ■ 231_ 234 b. 33 236 78 -55'A6 1658 237 y2 240 Oq 1626 239 1P 242 241 BOG 2� '8 -55A2 - 243 245 O GIS -Web - 247 ° ° / 4 Geographic Date Services www.albemarle.or 78 -55A8 r'T (434) 298 -5832 �P C 78-55A9 78- OC4 0 171 Fc4t70 1652 ♦r • i A A Mr S D Map Is for display purposes only • Aerial lmayery from commonwea,tn of v, , : AttaenMent 2008 w i - - - -1. VV AA YJY G / (/JYY UliLYl VV - LAVV-1 ­- Attachment C November 18, 2008 Ms. Anna Kilmer COUNTY OF ALBEMARLE 401 Mclntire Road Charlottesville, VA 22902 Re: SP -2005 -002 Dear Ms_ Kilmer: My request for another extension of the above referenced Special Use Permit is predicated on three circumstances. First, when 1 met with the Board of Supervisors on August 1, 2007 to request an 18 -month extension of the original special use permit, my intention was to get an 18- month extension from the expiration date of the original permit. I overlooked the fact that the Board only approved an 18 month extension from the date of approval. Since the original permit was not due to expire until mid- October of 2007, in. effect I only obtained a 1.5 -1/2 month. extension_ i did not notice the discrepancy until I received the Board minutes. Second, despite our continued diligence ul obtaining site plan approval, we have yet to receive it. The primary obstacle has been the complexity of developing this site with its mLdtitude of challenges, including obtaining off -site easements and working with several utility companies to ensure that their service is not compromised during construction. Several major trunk lines run through the project and the utility companies, as well as us, want to ensure that we minimize, if not eliminate, disniption of service to adjoining neighborhoods. Thus, the review process on the part of the utility companies has taken much longer than anticipated. However, our site plan approval expires in January of 2009 and we are hopeful that we will get our final approval before that date. Third, even if we were to obtain the final site p1mi approval by January, today's financing environment will snake it di.fficull for us to break ground before February, when the special use permit expires. It is my understanding that you have to have significant investment in construction in order to preserve the special use permit. As you may well know, obtaining development loans in today's market is very arduous and time consuming. We do not feel confident that we can be under construction by the expiration date of the permit due to the lack of available credit today. I- Box 744 Charlottesville, VA 22902 - Telephone: (434) 971 -8996 - FAX (434) 971 -9.344 - Email: devise ®denico.ncc Ms. Anna Kilmer November 18, 2008 Page Three For these reasons, we respectfully ask that the Special Use Permit be extended again. As Dr. Bray is anxious to relocate his veterinary practice to this site, we are doing everything possible to expedite the development process_ However, as explained above, there are matters beyond our control which have affected our ability to meet the terms of the special use permit extension. Please feel free to call me if you have any questions. Sinc y, l nise . LaCour Attachment D 5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMALHOSPITAL, ANIMAL SHELTER (Amended 6- 14 -00) Each commercial kennel, veterinary service, office or hospital, animal hospital and animal shelter shall be subject to the following: a. Except where animals are confined in soundproofed, air - conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non - soundproofed animal confinements, an external solid fence not less than six (6) feet in height shall be located within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; (Amended 11- 15 -89) b. For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed fifty -five (55) decibels; (Amended 11- 15 -89; 6- 14 -00) c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:OOa.m.(Amended 11- 15 -89; 6- 14 -00) d. In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: (Amended 11- 15 -89) Separate building entrance and exit to avoid animal conflicts; Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11- 15 -89) Attachment E O U `jRGIr71P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4012 October 25, 2005 Katurah Roell PO Box 8147 Charlottesville, VA 22906 RE: ZMA 2004 -012 Luxor Commercial (Sign #24) & SP- 2004 -00038 Luxor Commercial — Drive -In Window -Bank (Sign # 24) & SP- 2005 -002 Luxor Commercial Veterinary Office (Sign #27) Tax Map 78, Parcel 55A4 Dear Mr. Roell: The Board of Supervisors approved your rezoning application on October 12, 2005. Your request to rezone3.523 acres (portion of Tax Map 78, Parcel 55A4) from R -6 (Residential) and R -15 (Residential) to PDMC (Planned District Mixed Commercial) and to rezone 1.377 acres (Tax Map 78, Parcel 55D) from C -1 (Commercial) to PDMC was approved in accordance with the attached proffers dated October 12, 2005. An application plan dated October 13, 2004 was approved as part of the rezoning. Please refer to these documents for any future applications and requests on this property. 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 applicable PROFFERS; • compliance with the APPLICATION PLAN; • compliance with conditions of the SPECIAL USE PERMITS; • approval of and compliance with a SITE PLAN; and • approval of a ZONING COMPLIANCE CLEARANCE. Additionally, the Albemarle County Board of Supervisors took action on two related Special Use Permit Applications. Regarding SP- 2004 -038: The Board unanimously approved SP- 2004 -038 to allow a drive -in window for a bank on Tax Map 78, Parcel 55A4 in the Rivanna Magisterial District in conjunction with the ZMA 2004 -012 application plan dated October 13, 2004 with the following conditions: 1. Drive - through windows will be limited to three (3), including one to be used for an ATM; 2. Architectural Review Board issuance of a Certificate of Appropriateness; and 3, Applicant is responsible for installation and maintenance of control devices such as signage, and pavement markings as indicated on the application plan. The crosswalk just beyond the drive -up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle. Regarding SP-2005-002: The Board unanimously approved SP- 2005 -002 to allow for a veterinary office on Tax Map 78, Parcel 55D in the Rivanna Magisterial District in conjunction with the ZMA 2004 -012 application plan dated October 13, 2004 with the following conditions: 1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5.1.1 1 d; 2. No outdoor exercise area shall be permitted; 3. A note shall be added to the plan to identify the two (2) trees that are to be bonded; 4. The veterinary clinic be identified as located in building 4; and 5. Architectural Review Board issuance of a Certificate of Appropriateness. 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 PERMITS; approval of and compliance with a SITE PLAN; and 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 Keith Lancaster at 296 -5832. Sincerely, r Vvv" V. Wayne C' 'mberg Director of Planning Cc; Amelia McCull Tex Weaver " Chuck Proctor Steve Allshouse Keith Lancaster Sarah Baldwin Bruce Woodzell (Real Estate) Original Proffer _X_ Amended Proffer (Amendment # PROFFER FORM Date: 10/12/05 ZMA # 2004 -0012 Tax Map and Parcel Number(s) TMP 78 -55A4 and TMP 78 -55D 4.9 Acres to be rezoned from R -15, R -6, & C -1 to PD -MC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions, and (2) such conditions have a reasonable relation to the rezoning request. 1. The location of the structures relative to the exterior public streets, ingress and egress points, and sidewalks to the exterior public streets, ingress and egress points, and sidewalks shown on the application plan may not be varied under Albemarle County Code § 18- 8.5.5.3, in effect on October 12, 2005, a copy of which is attached hereto as Exhibit A, from that as shown on the plan produced by Rivanna Engineering, dated October 13, 2004, last revised July 27, 2005, entitled "Application Plan for Luxor Commercial Center ", herein referred to as the "Application Plan ". 2. Permitted uses of the property, and /or uses authorized by special use permit, shall include only those uses allowed in Albemarle County Code § 18 -22 in effect on October 12, 2005, a copy of the section being attached hereto as Exhibit B, except the following: a. The following retail sales and service establishments: 3. Department store. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 3. Cemeteries. 9. Indoor theaters. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 16. Automobile service stations (reference 5.1.20). 22. Automobile, truck repair shop excluding body shop. (Added 6 -3 -81; Amended 9 -9 -92) No building permit shall be issued unless and until the Director of Planning, or his assigns, determines that those building facades that are not governed by a certificate of appropriateness issued by the Albemarle County Architectural Review Board are in general accord with the "Perspective View from Route 250 Looking NW," prepared by Bob Anderson and dated January 19, 2005, which is attached hereto as Exhibit C. The facades shall be determined to be in general accord if the form, massing, character and detailing conform in all material respects to the building elevations. The exterior colors of the buildings shall be earth tone. 4. A plaza shall be provided between the two larger buildings fronting Route 250. This space shall be no smaller than shown on the Application Plan and shall include outdoor amenities (e.g., landscaping, sidewalks, benches, tables). There will be a pedestrian passage that connects the plaza and the parking lot behind the buildings. This passage shall be a minimum of 20 -feet wide and may have a roof and support structures (e.g. columns), but shall remain open on two sides (i.e., shall not have walls, windows or doors). A certificate of occupancy for buildings four and five will not be issued until the plaza between these buildings is constructed. The plaza will be constructed of concrete. The plaza material may be altered if approved by the Director of Planning. 5. Prior to the first final site plan approval, the owner shall submit a tree conservation plan (the "plan ") prepared by a state certified arborist for the two large existing evergreen trees in the southeastern corner of the site, as shown on the plan. The plan shall be submitted to the Director of Planning for review and approval to assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, including fertilizing, tree protection fencing and mulching. The approved plan shall be complied with during and after development of the property. When the plan is submitted, the owner also shall submit a bond or other form of surety in an amount of $2,000 to guarantee the replacement of one or both trees in the event that either or both die or are damaged for a period of 2 years after approval of the final site plan for the land on which the two trees are located. The bond or other surety shall be in a form acceptable to the County Engineer and the County Attorney. The location of any sidewalk or any other improvements within 15 feet of either of the trees shall be subject to design review during review of the first preliminary site plan for the land on which those sidewalks, other improvements, or the two trees are located t by the Director of Planning. 6. The Owner of TNT 78 -55A4 shall construct a two lane road between the Rolkin Road Roundabout and the eastern boundary line of the site, as generally depicted on the Application Plan and labeled "Aunt Sarah's Lane." This road shall be constructed in conjunction with the first final site plan approved for the area under this rezoning and shall meet VDOT design and construction standards. The purpose of this road shall be to provide for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117) intersection. In conjunction with the approval of the first final site plan approved for the property, the Owner of TMP 78 -55A4 shall reserve the necessary right of way of the two lane road, including all necessary drainage easements, for future dedication to the County and will dedicate this right of way upon demand by the County. A plat showing future dedication to be accepted by the Board will be prepared at the Owner's expense. 7. The Owner of TW 78 -55A4 shall construct a five (5) foot wide pedestrian asphalt path from Aunt Sarah's Lane to the property's common line with Westminster Canterbury in the general location shown on the Application Plan. The purpose of this path shall be to facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be constructed in conjunction with the first final site plan approved for the property. 8. The Owner of TNT 78 -55A4 shall provide a bicycle rack to hold at least 5 bicycles at a location on TNT 78 -55A4 to be determined with the first site plan approved for the property. The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on the property. 2 9. At such time as a public road interconnection is made between the Route 250/ State Farm Boulevard (Route 1117) intersection and the two lane road referenced in Proffer No.6 the Owners of TNT 78 -55A4 and TMP 78 -55D, and any parcel(s) of record which may be created therefrom in the future shall close the ingress into their parcels at the current Aunt Sarah's entrance on Route 250. Signatures of All Owners Si g r of All O J Signatures of All Owners d\(t 9 -P— c - 6 V-0l Printed Names of All Owners —1(0, Printed Nam s of All Owners Printed Names of All Owners to • F,- o s Date P IT-0-�- Date Date Dr. Charles William Hurt is Manager of North Pantops Townhouses, LLC and is therefore authorized to sign on its behalf. 20 G S Initial Datel ALBEMARLE COUNTY CODE a. The approved application plan, and the approved standards for development, the accepted proffers, and the authorized waivers or modifications and any conditions imposed therewith, if any; b. The permitted uses within the planned development zoning district, including all proffers, as determined by the zoning administrator after consultation with the director of planning and community development; in making this determination, the zoning administrator shall be guided by section 22.2.1 of this chapter; c. In addition to the foregoing, conformity with the application plan and the standards of development. Within each neighborhood model zoning district, the general development plan and the code of development, as determined by the director of planning and community development after consultation with the zoning administrator. (§ 8.5.6.2, 12- 10 -80; 9 -9 -92; § 8.5.5.2, Ord. 03- 18(2), 3- 19 -03) 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. b. The applicant shall submit a written request for a variation to the director; the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein may be accomplished by rezoning. (§ 8.5.6.3, 12- 10 -80; 9 -9 -92; § 8.5.5.3, Ord, 03- 18(2), 3- 19 -03) 18 -8 -6 Zoning Supplement #36, 6 -"5 ALBEMARLE COUNTY CODE CHAPTER 1S ZONING SECTION 22 COMMERCIAL - C -1 Sections: 22.1 INTENT, WHERE PERMITTED 22.2 PERMITTED USES 22.2.1 BY RIGHT 22.2.2 BY SPECIAL USE PERMIT 22.3 ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C -1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C -1 districts be established only within the urban area, communities and villages in the comprehensive plan. (Amended 9 -9 -92) 22.2 PERMITTED USES 22.2. 1 BY RIGHT The following uses shall be permitted in any C -1 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. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 18 -22 -1 Zoning Supplement #6, 12 -30 -99 Exhibit B ALBEMARLE COUNTY CODE 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20) 17. 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. (Amended 5 -2 -93) 18 -22 -2 Zoning Supplement #6, 12-30-99 ALBEMARLE COUNTY CODE 18. 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 -9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6 -3 -81; Amended 9 -9 -92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. Farmers' market (reference 5.1.36). (Added 10- 11 -95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 22.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 9 -9 -92; 5 -2 -93; 9- 14 -93; 10- 11 -95; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04) 22.2.2 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 establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1 -1 -83) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio -wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1. l 1). 6. 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 3 1.2.4. 7. Hotels, motels and inns. 8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan. (Added 6 -1 -83) 18 -22 -3 Zoning Supplement #30, 10 -13 -04 ALBEiVARLE COUNTY CODE 9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5 -03) 10. Drive -in windows serving or associated with permitted uses. (Added 11 -7 -84; Amended 9 -9- 92) 11. 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) 12. Body shop. (Added 9 -9 -92) 13. Animal shelter (reference 5.1.11). (Added 6- 16 -99). 14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (y§ 20- 22.2.2, 12- 10 -80; 1 -1 -83; 6 -1 -83; 11 -7 -84; 6- 14 -89; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04) 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all C -1 districts. (Amended 3- 17 -82; 7- 10 -85) 18-22-4 Zoning Supplcment #30, 10-13-04 �- s ;'X A VNNVAPI NVId :,ills f- mo NZ N 'Y, 4 t . rx 4 t It a COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZMA 2004 -12 SP 2004 -38 SP 2005 -02 SUBJECT /PROPOSAL /REQUEST: Luxor Commercial is a request to rezone 3.523 acres from R -6, and R -15 (Residential) to a Planned District Mixed Commercial (PDMC) and to rezone 1.377 acres from C -1 (Commercial) to PDMC to allow a 1,500 square foot bank and 80,000 square feet of mixed commercial. Two parcels are involved in the rezoning. Tax Map 78, Parcel 55D contains 1.377 acres and was rezoned to commercial in 1995 (ZMA 95 -11) to allow for a stand -alone veterinary office. This parcel is surrounded by Tax Map 78, Parcel 55A4, a larger 23.168 acre parcel. Attachment A shows the Application Plan and Attachment B contains current proffers. The request also includes two special use permit applications. These special use permit applications are for a drive -in window for a bank and for a veterinary office. STAFF CONTACT(S): Cilimberg, Dougherty LEGAL REVIEW: YES BACKGROUND: AGENDA DATE: August 30, 2005 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: YES REVIEWED BY: Cilimberg Attachment D On June 30, the Planning Commission heard the request by North Pantops Townhouses to construct a mixed -use center along Route 250 East, between Aunt Sarah's Pancake House and the newly opened Eckerd drugstore. The Planning Commission shared concerns about the project and gave the applicant and staff clear direction for the next hearing. Staff has worked with the applicant and resolved several issues and refined the proffers to address the Commission's concerns. Regarding ZMA 2004 -12, the issues raised by the Planning Commission were: - The appropriateness of staff's recommendation for approval of the ZMA as it relates to the Comprehensive Plan's recommendation for "no strip development" along this side of Route 250. - Adequacy of pedestrian access from front of site to rear. - Need for a clear prescription for preserving two mature pines along Route 250, given the proposed sidewalk location. DISCUSSION: Consistency with Comprehensive Plan recommendations: The Commission requested additional information regarding the consistency of this proposal with the recommendations of the Comprehensive Plan. This area is recommended for Urban Density Residential use. A specific recommendation in the Plan related to this area that states: • Limit "strip development" of Route 250 East by preventing commercial development along the north side of the roadway from the 1 -64 interchange to the regional service designation. This recommendation was included in the 1995 Comprehensive Plan. The intent was to avoid the creep of highway- oriented commercial style development eastward from the existing commercially developed area, just west of the Montessori school site, which is designated Regional Service in the Comprehensive Plan. However, since the adoption of the Plan in 1995, a number of approvals and developments have occurred to change the character of this area. These include: • Approval of veterinary clinic on the site of this proposal (approved, but not developed); • Development of office buildings along the frontage of Route 250 below Westminster - Canterbury, just east of the long standing restaurant (Aunt Sarah's) which is adjacent to this site; • Continued expansion of the Montessori school use; • Approval and construction of the Eckerd Drug store adjacent to this proposal; In addition, the emerging development of the large remaining portion of the "Luxor" property to the north of this site will consist primarily of residential uses. The Luxor, Fontana, Westminster - Canterbury, and Ashcroft developments combine to create a large residential area that could be served by this commercial area. The road system being constructed to serve the Luxor site essentially divides this site from the rest of the Luxor residential area. While the remaining underdeveloped area (5 acres - -3.5 acres zoned residential, 1.5 acres zoned C -1) could be developed residentially, staff believes it would be more difficult to integrate into the existing non - residential development. The site could be better integrated into the existing non - residential development that has emerged in this immediate area to provide a commercial site that would support the residential developments north of Route 250. This would be consistent with some of the preliminary findings from the Pantops Master Plan public input process, which called for pedestrian /bicycle accessible commercial areas and concern raised with emerging residential development North of Route 250 while most commercial services are located south of Route 250. Furthermore, the applicant is proposing a mixture of uses, site design, and architectural style that is counter to typical strip development typologies. Strip development is characterized by zoning and land uses that stretch along highway frontages and include only one, conventional zoning and use. The mixture of uses in this development, architectural treatment along Route 250, and internalized parking and ample pedestrian facilities help to provide a framework for considering the project as appropriate for this area. In summary staff believes that a well designed commercial area meeting the principles of the Neighborhood Model in this location would provide a good neighborhood level service area that can serve the residential areas north of Route 250. While not consistent with the original intent of the Comprehensive Plan regarding commercial areas along Route 250, it may be considered an appropriate development given the emerging pattern of development in this area and character / design of this project as proposed. Pedestrian circulation: Concerning the pedestrian circulation from the front to the rear of the site, the applicant has shown this connection on the plan. The design provides safer and more convenient access from the front of the site to the rear. The connection is coordinated with the landscaping to provide a partially shaded connection. Tree Preservation: Regarding the two mature pine trees and their continued preservation through site planning and construction, the applicant has made changes to proffer 5 including bonding the trees and hiring an arborist to implement the following plan for preservation: "Tree protection shall be provided for the two large existing evergreen trees, in the northwestern corner of the Aunt Sarah's entrance on Route 250. Tree protection shall include appropriate fertilizing, tree protection fences, and mulching by a certified arborist. With site plan approval, we will bond the two trees in the landscape plan for 2,000 dollars." Proffers: The proffers are in final form and appropriately respond to impacts related to this development. The proffers have been reviewed by legal staff and appropriate amendments have been made to the proffers to reflect that review. New Information: Since the Planning Commission last reviewed this item, another substantive issue has arisen. In further identifying the exact location of the access easement serving the Aunt Sarah's site, the applicant has found that buildings were proposed in that easement. Since the easement must be maintained free and clear of obstructions, the applicant has altered the design of the building layout at the rear of the project. Clustering the buildings at the rear of the site to one side allows for slightly better circulation between the three buildings to the rear. Staff believes this change increases the functionality of the pedestrian connection across the parking lot, as the buildings served by the connection are now closer together. The implications for the Monticello viewshed are positive, particularly given the location of the two mature evergreens, the design of tree islands to be located behind them, and the clustering of the buildings to the rear allow them to be obscured by the buildings lining Route 250. Engineering and Zoning have reviewed and approve of these changes. RECOMMENDATION: Staff recommends approval of ZMA 2004 -12 with proffers (attached). SP 2004 -38 Drive -up window for the bank. The Commission raised no issues with this request. RECOMMENDATION: Staff recommends approval of SP 04 -38 with the following conditions: 1. Drive - through windows will be limited to three (3); including one to be used for an ATM. 2. Architectural Review Board issuance of a Certificate of Appropriateness. 3. Applicant is responsible for installation and maintenance of control devices such as signage, and pavement markings as indicated on the application plan. The crosswalk just beyond the drive -up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle. Regarding a previous request for SP 2005 -01 (coffee shop drive - through), the applicant has withdrawn the Special Use Permit request due to the constraints tied to the access easement issues identified above. SP 05 -02 Veterinary Clinic Regarding concerns raised by the Commission related to the original conditions set forth for the veterinary clinic, staff has not identified a conflict, but has added an additional condition prohibiting outside exercise areas. RECOMMENDATION: Staff recommends approval of SP 05 -02 with the following condition: 1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5.1.11d. 2. No outdoor exercise area shall be permitted. ATTACHMENTS: Attachment A —Application Plan Attachment B — Proffers Attachment C — Proffer Attachment Attachment D — Rendering / Proffer Attachment Attachment D Attachment B Original Proffer Amended Proffer (Amendment # PROFFER FORM Date: 8/12/05 ZMA # 2004 -0012 Tax Map and Parcel Number(s) TMP 78 -55A4 and TMP 78 -55D 4.9 Acres to be rezoned from R -15, R -6, & C -1 to PD -MC Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning request. 1. The relative location of the structures to the exterior public streets, ingress and egress points, and sidewalks of the structures to the exterior public streets, ingress and egress points, and sidewalks may not be varied under Albemarle County Code § 18- 8.5.5.3, in effect on October 5`h, 2005, a copy of which is attached hereto as Attachment A, dated October 13, 2004, last revised July 27, 2005, entitled "Application Plan for Luxor Commercial Center ", herein referred to as the "Application Plan". 2. Permitted uses of the property, and/or uses authorized by special use permit, shall include only those uses allowed in Section 22 of the Albemarle County Zoning Ordinance in effect on June 12005, a copy of the section being attached hereto as Attachment C, except the following: a. The following retail sales and service establishments: 3. Department store. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 3. Cemeteries. 9. Indoor theaters. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 16. Automobile service stations (reference 5.1.20). 22. Automobile, truck repair shop excluding body shop. (Added 6 -3 -81; Amended 9 -9 -92) No building permit shall be issued unless and until the Director of Planning, or his assigns, determines that those building facades that are not governed by a certificate of appropriateness issued by the Albemarle County Architectural Review Board are in general accord with the building elevations prepared by Bob Anderson, which are attached hereto as Attachment D. The facades shall be determined to be in general accord if the form, massing, character and detailing conform in all material respects to the building elevations. The exterior colors of the buildings shall be earthtone. Attachment B 4. A plaza shall be provided between the two larger buildings fronting Route 250 and Route 250. This space shall be no smaller than shown on the Application Plan and shall include outdoor amenities (e.g., landscaping, sidewalks, benches, tables, etc.) that are commiserating with the ultimate uses located within these two buildings. There will be a pedestrian passage that connects the plaza and the parking lot behind the buildings. This passage shall be a minimum of 20 -feet wide and may have a roof and support structures (e.g. columns), but shall remain open on two sides (i.e., shall not have walls, windows or doors). 5. Prior to site plan approval, the owner shall submit a tree conservation plan prepared by a certified arborist for the two large existing evergreen trees in the South Eastern corner of the site, as shown on the plan. The plan shall be submitted to the Director of Planning for review and approval to assure that all applicable requirements have been satisfied. The plan shall specify tree protection methods and procedures, including fertilizing, tree protection fencing and mulching. The approved plan shall be complied with during and after development of the property. When the tree conservation plan is submitted, the owner also shall submit a bond or other form of surety in an amount of 2,000 dollars to be redeemed by the county in the event that either or both die or are damaged for a period of 2 years after site plan approval. The bond or other surety shall be in a form acceptable to the County Engineer and the County Attorney. 6. The Owner of TMP 78 -55A4 shall construct a two lane road between the Rolkin Road Roundabout and the eastern boundary line of the site, as generally depicted on the Application Plan and labeled "Aunt Sarah's Road." This road shall be constructed with the first site plan approved for the area under this rezoning consideration and shall meet VDOT design standards. The purpose of this road shall be to provide for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117) intersection. In conjunction with the approval of the first site plan approved for the property, the Owner of TMP 78 -55A4 shall reserve the necessary right of way for future dedication to the County and will dedicate this right of way upon demand by the County. 7. The Owner of TMP 78 -55A4 shall construct a five (5) foot wide pedestrian path from Aunt Sarah's Road to the property's common line with Westminster Canterbury in the general location shown on the Application Plan. The purpose of this path shall be to facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be constructed with the first site plan approved for the property. 8. The Owner of TMP 78 -55A4 shall provide a bicycle rack to hold at least 5 bicycles at a location on TMP 78 -55A4 to be determined with the first site plan approved for the property. The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on the property. 9. At such time as a public road interconnection is made between the Route 250/ State Farm Boulevard (Route 1117) intersection and the two lane road referenced in Proffer No.6 the Owners of TMP 78 -55A4 and TMP 78 -55D, and any parcel(s) of record which may be created therefrom in the future shall agree to closure of the ingress into their parcels at the current Aunt Sarah's entrance on Route 250. Furthermore, the Owners, their assigns of TMP 78 -55A4 and TMP 78 -55D, and any parcel(s) of record which may be created therefrom in the future shall agree to provide reasonable interparcel access to the Aunt Sarah's parcel (TMP 78 -55A2) so long as a mutual maintenance agreement can be achieved. 2 Attachment B Signatures of All Owners Printed Names of All Owners Date Signatures of All Owners Printed Names of All Owners Signatures of All Owners Printed Names of All Owners Date Date ALBEMARLE COUNTY CODE Attachment C a. The approved application plan, and the approved standards for development, the accepted proffers, and the authorized waivers or modifications and any conditions imposed therewith, if any; b. The permitted uses within the planned development zoning district, including all proffers, as determined by the zoning administrator after consultation with the director of planning and community development; in making this determination, the zoning administrator shall be guided by section 22.2.1 of this chapter; c. In addition to the foregoing, conformity with the application plan and the standards of development. Within each neighborhood model zoning district, the general development plan and the code of development, as determined by the director of planning and community development after consultation with the zoning administrator. (§ 8.5.6.2,12-10-80; 9 -9 -92; § 8.5.5.2, Ord. 03-18(2),3-19-03) 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENTS The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as provided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minimum lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. b. The applicant shall submit a written request for a variation to the director; the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the director may reject a request that fails to include the required information. c. The director is authorized to grant a variation upon a determination that the variation: (1) is consistent with the goals and objectives of the comprehensive plan; (2) does not increase the approved development density or intensity of development; (3) does not adversely affect the timing and phasing of development of any other development in the zoning district; (4) does not require a special use permit; and (5) is in general accord with the purpose and intent of the approved application. d. Any variation not expressly provided for herein may be accomplished by rezoning. (§ 8.5.6.3, 12- 10 -80; 9 -9 -92; § 8.5.5.3, Ord. 03- 18(2), 3- 19 -03) 18 -8 -6 Zoning Supplement #36, 6 -8 -05 ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 22 COMMERCIAL - C -1 Sections: Attachment C 22.1 INTENT, WHERE PERMITTED 22.2 PERMITTED USES 22.2.1 BY RIGHT 22.2 .2 BY SPECIAL USE PERMIT 22.3 ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C -1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C -1 districts be established only within the urban area, communities and villages in the comprehensive plan. (Amended 9 -9 -92) 22.2 PERMITTED USES 22.2. 1 BY RIGHT The following uses shall be permitted in any C -1 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. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 19 -22 -1 Zoning Supplement #6, 12 -30 -99 Attachment C ALBEMARLE COUNTT' CODE 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. 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. (Amended 5 -2 -93) 18 -22 -2 Zoning Supplement 46, 12 -30 -99 Attachment C ALBEMARLE COUNT17 CODE 18. 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 -9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6 -3 -81; Amended 9 -9 -92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3 -5 -86) 24. Indoor athletic facilities. (Added 9- 15 -93) 25. Farmers' market (reference 5.1.36). (Added 10- 11 -95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10 -9 -02) 27. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20- 22.2.1, 12- 10 -80; 6 -3 -81; 3 -5 -86; 9 -9 -92; 5 -2 -93; 9- 14 -93; 10- 11 -95; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04) 22.2.2 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 establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1 -1 -83) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio -wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1.11). 6. 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. 7. Hotels, motels and inns. S. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan. (Added 6 -1 -83) 18 -22 -3 Zoning Supplement #30, 10 -13-04 Attachment C ALBEMARLE COUNTY CODE 9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5 -03) 10. Drive -in windows serving or associated with permitted uses. '(Added 11 -7 -84; Amended 9 -9- 92) 11. 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) 12. Body shop. (Added 9 -9 -92) 13. Animal shelter (reference 5.1.11). (Added 6- 16 -99). 14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04) (§ 20-22.2.2,12-10-80; 1 -1 -83; 6 -1 -83; 11 -7 -84; 6- 14 -89; Ord. 03-18(l),2-5-03; Ord. 04-18(2),10-13-04) 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts, generally, shall apply within all C -1 districts. (Amended 3- 17 -82; 7- 10 -85) 18 -22 -4 Zoning Supplement #30, 10 -13 -04 LSD Hma3 WDHMN03 MOM aw mna mouundav Ogg, ...........