HomeMy WebLinkAboutAP200800001 Staff Report 2009-01-13STAFF PERSONS: Robert Heide / Amelia McCulley
BZA HEARING: January 6, 2009
DEFERRED FROM: October 7, 2008 and June 3rd
STAFF REPORT —AP- 2008 -001 (Sign #63) (Last Revised for January
2009 Meeting)
APPELLANT: Crown Motorcar Company LLC (previously, Crown
Automotive) (Lessee) / Ricky Lee Baumgardner & Donna G.
Baumgardner (Owners)
*Because there appears to be some confusion since this appeal hearing has been
delayed / deferred twice and significant time has passed since the original
determination, staff will reiterate some of the key facts of this case in this introduction.
Zoning staff received this complaint on February 12, 2008. The Notice of Zoning
Violation which is the subject of this appeal was sent on February 29, 2008. This
appeal was filed March 31, 2008.
This is a determination of violation relating to an unpermitted use. Even though this
point has arisen with each deferral, approval of the site plan for the future use of the
subject property is not necessary to abate this use violation.
This is a determination of violation relating to a prior offense date. The determination
was based on our observations on February 14, 2008. Actions taken by the appellant
to change the use or the approvals of the use since that date are not relevant to a
finding about the property on that date.
The Board's role in the consideration of an appeal is substantially different from the
Board's role in the consideration of a variance. In the case of an appeal, the board of
zoning appeals (BZA) may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from. The BZA's decision on appeal is
limited to the issue of whether the zoning administrator's decision was correct. Board of
Zoning Appeals of James City County v. University Square Associates, 246 Va. 290
(1993).)
The appellants appeal the Deputy Zoning Administrator's determination in accordance
with Section 34.3 of the Albemarle County Zoning Ordinance.
Description of Property: Tax Map 78, Parcel 15131 is a vacant 0.794 acre lot just west
of and adjacent to the Crown Automotive showroom at 1295 Richmond Road (Route
250E). The property is zoned Highway Commercial (HC) and Entrance Corridor
Overlay (EC). (See Attachments 4 and 5 showing this property.)
AP- 2008 -001 2 January 6, 2009
Background of Appeal: Crown Automotive, now trading as Crown Motorcar Company
LLC, has leased this parcel from the Baumgardners since 2004. The prior use by the
Baumgardners, of vehicle repair and sales involved a primary garage structure, which
Crown removed. Once the primary use was removed, the accessory parking and
display was no longer permitted. Early last year, Crown began displaying several rows
of new and used vehicles for sale. Also, employees were parking along the back row.
The Deputy Zoning Administrator determined that the uses of offsite display and
overflow parking constituted a new use (stand alone parking) which is not permitted.
That use category, "stand alone parking and parking structures" is permitted only by
special use permit in this, the Highway Commercial district.
A Notice of Violation, dated February 29, 2008, was then sent. Legal counsel for the
appellants filed an appeal of the NOV on March 31, 2008.
The appellants later requested that the appeal be heard at the June 3, 2008 hearing.
At the June 3, 2008 hearing the appellant requested deferral until October 7, 2008 in
order to have the full Board present and to pursue their site plan approvals and building
permits for an alternate use of the property. With objections noted from staff, the Board
deferred this appeal from the October meeting until January 6, 2009.
Determination: (See Attachment 2 - the determination of zoning violation for VIO 2008-
26 dated, February 29, 2008.) The specific section cited Section 24.2, Permitted uses
in the HC District (Attachment 3). The stand alone parking occurring is for display and
overflow parking for employees of the business next door (Crown Automotive). The
use, "stand alone parking," requires a special use permit under Section 24.2.2.
Grounds for Zoning Administrator's Decision:
Photos of the parking use are found in Attachment 8. Please be advised that the photo
titled "site overview" was taken after the offense date of the violation. This photo is
being used because a) it is consistent with the use as it existed on the offense date of
the violation and b) the view shown in this photo (from Rt. 250 looking into the site)
shows what is visible from Rt. 250.
In order to be permitted as a use by- right, parking on this property must be an
accessory use.
The Albemarle County Zoning Ordinance defines "Accessory Use, Building or
Structure" as:
"A subordinate use, building or structure customarily incidental to and located
upon the same lot occupied by the primary use, building or structure, and located
upon land zoned to allow the primary use, building or structure."
There is no primary use, building or structure on the site, therefore the parking cannot
be an accessory use, but is now a new use, stand alone parking.
AP- 2008 -001 3 January 6, 2009
Stand alone parking is defined in Section 3.0 of the Zoning Ordinance as: A parking
area, including a parking structure, located on a lot other than the lot on which the use served by
the parking area is located, that is the primary use for that lot. (Added 2 -5 -03)
Stand alone parking is not and never has been a permitted use on this site. This is
based on the facts that it is not permitted as a lawfully nonconforming use and it has not
been permitted by approval of a special permit.
In terms of zoning use history, parking onsite was always accessory to the main
business. As stated earlier, the main use on the appellant's site no longer exists,
due to the demolition of the garage building. The appellant's position that the
parking is a nonconforming use fails to meet the three prong test for maintaining
a nonconforming use:
a) The then - existing or a more restricted use continues. There is no evidence that
standalone parking is a pre- existing use that is continuing.
b) The use is not discontinued for more than two years. The prior use by the
Baumgardners was discontinued prior to 2004 when the property was leased
to Crown.
c) Buildings or structures are maintained in their then structural condition. The
building on the property was demolished.
2. A special use permit has not been issued to permit this use on this property.
APPELLANT'S JUSTIFICATION FOR APPEAL: The appellant's attorney has
addressed the two types of parking (display and employee) separately. First, he reports
that the employee parking has been removed as of March 24, 2008, thus correcting
what he terms as the only zoning violation. Therefore, they concede that employee
parking is a violation. (Incidentally, the employee parking has continued.)
Secondly, he contends that the parking of vehicles for display to sell, is part of the
permitted use by right, "motor vehicle sales, service and rental ". He says that this is
and was a permitted use in 1983 when the Baumgardners ran their business and in
2004, when Crown entered into a lease of the property. He contends that, since they
have not developed the parcel, this use is valid as is. He also argues that a site plan is
not necessary since they have not "developed" this site.
STAFF RESPONSE: Since March 24, 2008 staff has observed vehicles other than
those displayed for sale parking on the site, but less frequently than previously. Even
the appellant has agreed that this is a violation. However, this site must not be used for
parking, regardless of the purpose of that parking - in order to be in compliance.
AP- 2008 -001 4 January 6, 2009
Regarding the "development" argument, the use of a site does not necessarily have
anything to do with "development" of the site. The Albemarle County Zoning Ordinance
defines "Use" as:
"The purpose for which any land, water, or structure is devoted or occupied or
any activity performed on land, water or in a structure."
The use of this property for parking, without a primary use on this property, constitutes
a new "use" of the site that is regulated by the ordinance. In addition, this parking use
becomes the primary use of the property and is classified in the use category as stand
alone parking.
The Deputy County Attorney addresses the requirement of a site plan for this use in his
memo (Attachment 7). The notice of zoning violation did not include a determination
that a site plan is required. Staff is concerned that the issues relevant to this appeal
have become confused by the site plan issue. The appellant's justification for deferral
has focused on the fact that they have almost completed their site plan approval. Staff
wants the Board to understand that approval of a site plan does not directly and
immediately abate the violation. Staff also wants the Board to know that if the appellant
removed the parking, even without approval of a site plan, they would abate the
violation. Staff wants the Board to further understand that we have advised the
appellants on several occasions to do just this.
CONCLUSION: The parking on this site is in violation of the Albemarle County Zoning
Ordinance absent any of the following which would permit the parking use:
1. A legally nonconforming stand alone parking use;
2. A primary use on site the parking is serving and
3. Absent the required special permit approval for the stand alone parking use
Attachments:
1. Application for appeal and statement of justification
2. Notice of Violation
3. Section 24.0 Highway Commercial district — use permitted by right and by special
use permit
4. Tax Map 78
5. Albemarle County GIS map of site
6. Albemarle County 2007 & 2002 aerial photos of site.
7. Memo from Greg Kamptner, Deputy County Attorney dated May 29, 2008
8. Photos of the site showing the parking use
Application for ATTACHMENT 1
Appeal of Zoning Administrator's De
Appeal of Zoning Administrator's Determination = $120
(To be refunded if the decision of the Zoning Administrator is overturned.)
Project Name: Crown Automotive Leased Parcel
Tax map and parcel: T.M.P. 78 -15B1
Physical Street Address (if assigned): N/A
Magisterial District: Rivanna
Zoning: HC
Location of property if determination is made regarding a property (landmarks, intersections, or other): Route 250 On Pantops
Contact Person (Who should we call /write concerning this project ?): Nicholaus G. Leverett
Address 600 Peter Jefferson Parkway, Suite 130
Daytime Phone 4( 34) 984 -4300
City Charlottesville
State VA Zip 22911
Fax # (j34) 979-3288 E -mail ngleverett @ntelos.net
Owner of Record Rickey Lee and Donna G. Baumgardner (Lessor)
Address 1252 Still Meadow Ave.
City Charlottesville
Daytime Phone 4( 34) 971 -7049 Fax # (__j E -mail
Applicant (Who is the Contact person representing ?): Crown Automotive
Address 3633 C West Wendover Avenue City Greensboro
State VA Zip 22901
State NC Zip 27407
Daytime Phone 3( 36) 851 -3404 Fax # 3( 36) 315 -4801 E -mail mmack @crownautomotive
D42 l
AP- 2008 -001 (Sign # 63) Ricky Lee & Donna G. Baumgardner (owners), Crown
Automotive (Lessee & Appellant). Appeal of the Deputy Zoning Administrator's
determination of violation of Ordinance Section 24.2, relating to Crown Automotive's use
of the Baumgardner property on Richmond Road (Route 250E, west of Crown's
showroom) for off -site display and parking. The appellants contend that Crown's use of
the parcel for Car Sales display is proper. This site is further identified as Tax Map 78.
Parcel 1581 and is zoned Highway Commercial (HC) and Entrance Corridor (EC)
Overlay.
FOR OFFICE USE ONLY AP # ns' ft 1j '�. _L l
Fee Amount $ 12— O'C'Date Pa ? � . lo. Recegt # 0l Ck # By: 4
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County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
5/1/06 Page I oft
The following information shall be submitted with the application and is to be provided by the applicant:
I ) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions fo
the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
7) Explanation of error in determination and.justification of applicant's position:
Owner /Applicant Must Read and Sign
tify that the info n provided on this application and accompanying information is accurate, true
to the best owledge and belief.
St nature of Owner,-eon ae ir er�4ge «SSoR
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Ck::>nnG 8aurmcjcrrcini =r
Print Name
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Date
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Daytime phone number of Signatory
"3- 3 / Z00�' 511/06 Page 2 of 2
�Tf/MFS /t/- I in�cN7ry 9 A00
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BARRICH & DEINLEIN
PLC
ATTORNEYS AT LAW
600 PETER JEFFERSON PARKWAY, SUITE 130
CHARLOTTESVILLE, VIRGINIA 22911
TELEPHONE(434)984 -4300
FACSIMI LE (434) 979.3288
E -MAIL. berrdeinpntelos.nel
March 31, 2008
VIA HAND DELIVERY
Board of Zoning Appeals
County of Albemarle Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: Crown Automotive Appeal of Zoning Administrator's Determination
Dear Board of Zoning Appeals:
Enclosed is an Application for Appeal of Zoning Administrator's Determination filed on behalf
of Crown Automotive. The appeal is in relation to a Notice of Official Determination of
Violation in regard to a parcel on Richmond Road in the Pantops Mountain area of Albemarle
County.
Also enclosed please find a check made payable to the County of Albemarle for the requisite fee
of $120.00.
Please do not hesitate to contact me if you have any questions or if I can be of any further
assistance.
Best regards,
,�2
Nicholaus G. Leverett
Enclosures
APPLICATION FOR APPEAL OF
ZONING ADMINISTRATOR'S DETERMINATION
On February 29, 2008, Albemarle County issued a Notice of Official Determination of
Violation regarding T.M.P. 78 -15B (the "Notice of Violation "), a copy of which is attached
hereto as Exhibit A. The parcel in question is located on Richmond Road in the Pantops
Mountain area of Albemarle County and is zoned Highway Commercial. The property is owned
by Rickey Lee and Donna G. Baumgardner and is leased to Asbury Automotive North Carolina,
L.L.C., which is the parent company of Crown Automotive. Crown Automotive's new and used
car dealership facility is located on the adjacent land, and Crown Automotive has also conducted
its sales of new and used cars on the Baumgardner leased land since 2004. Baumgardner
previously did the same from 1983 to 2004.
1. Notice of Violation and Appeal
The Notice of Violation states that the Baumgardner parcel is being used as offsite
display and overflow parking by Crown Automotive and that under Section 24.2 of the
Albemarle County Code provides that offsite parking is not a permitted use in the Highway
Commercial District. The Notice of Violation requested that the property be brought into
voluntary compliance by March 28, 2008. Code Enforcement Officer Andrew Kellerman stated
that all vehicles must be removed from the Baumgardner parcel and that a site plan needed to be
submitted to and approved by the County before resumption of the same use could continue.
Pursuant to Section 15.2-2311 of the Code of Virginia, Crown Automotive hereby
appeals the Notice of Violation on the following grounds stated hereafter:
II. Crown Automotive Has Voluntarily Removed Its Employee Vehicles
Crown Automotive has, as of March 24, 2008, removed all employee vehicles from the
Baumgardner parcel. Because the employee vehicles are no longer present on that parcel, it is no
longer being used for Crown Automotive's overflow parking. This corrects the only zoning
violation that has occurred on the Baumgardner parcel.
III. Crown's Use of the Baumgardner Parcel For Car Sales is Proper
Chapter 18, Section 24.2.1 of the Albemarle County Code states that motor vehicle sales,
service and rental are "by right" pennitted uses for Highway Commercial zoned property. This
zoning use was on the books in 1983 and in 2004. A site plan should not be required for this use,
because the intent of site plans is to "develop land in an orderly manner" and to "encourage
innovative and creative design and facilitate use of the most advantageous techniques and highest
standards in the development of land." Albemarle County Code Chapter 18, Section 32.1
(emphasis added). Crown Automotive has not yet developed this parcel; Crown Automotive
only demolished the garage and removed the underground gas tanks that had been on the
property. Because the current use of the parcel for motor vehicle sales is not "development" of
the property, neither the spirit nor letter of the site plan requirements should be applicable.
Crown Automotive does indeed have plans for future development of the Baumgardner
parcel, including construction of a new building. A site plan for this building and site
development has already been submitted to Albemarle County and is currently pending.
IV. Conclusion
For all of the reasons stated above, Crown Automotive requests that the Determination of
Violation issued by the County be reversed and that the Board of Zoning Appeals rule the site
2
plan provisions of the Albemarle County Code are inapplicable where there is a "by right" zoning
use and where there has not yet been any development.
ornt.��ch
ATTACHMENT 2
VIRGIN`S°'
COUNTY OF ALBEMARLE
Community Development Department
401 McIntire Road
Charlottesville, Virginia 22902 -4596
FAX (434) 972 -4126 TELEPHONE (434) 296 -5832 TFD (434) 972 -4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
The Date this Notice of Determination is given is February 29, 2008. No: ZV10200800026
CERTIFIED MAIL #( 7005 0390 0003 9642 21114 CERTIFIED MAIL 4 7005 0390 000; 9642 2121
Crown Automotive Ricky Lee or Donna G. Baumgardner
1295 Richmond Road 1252 Still Meadow Ave.
Charlottesville; Virginia 22911 Charlottesville, Virginia 22901-6211
Property: 07500 -00 -00 -015131 BAUMGARDNER, RICKEY LEE OR
DONNA G
Tax Map and Parcel Number Owner of Record
Zoning: Highway Commercial [HC] District
Overlay: Entrance Corridor [EC] Overlay District
Dear Mr. & Mrs. Baumgardner,
This notice is to inform you that the above described property is in violation of the Albemarle County
Zoning Ordinance. This conclusion is based on the fact that a Code Enforcement Officer visited the listed
property on February 14, 2008 and found that the following conditions existed:
The property is being used as offsite display and overflow parldng by Crown
Automotive.
The described use or structure did not exist prior to the zoning ordinance(s) it violates. Therefore, it
cannot be considered a legal, but non - conforming use or structure. With that in mind, the following
section(s) of the Zoning Ordinance have been violated:
Section 24.2 Permitted Uses (in Highivay Commercial HC District);
Of
ftite parking is not a permitted use in the Highway Commercial [I-IC] District.
This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to
comply with this notice will result in legal action being taken against you and any other owner or tenant.
In addition, you must bring the property into compliance by March 28, 2008 to avoid court action.
Compliance past this date does not preclude the County fi-om pursuing legal action.
ZV1O200800026 Page 2 February 29, 2008
In accordance with Section 15.2 -231 1 of the Code of Virginia, you may appeal this finding if you disagree
NA,ith this determination. An appeal must be made within thirty (30) days of the date this notice is given.
If you do not file a time]), appeal, this determination shall be final. An appeal application must he
completed and filed with the Zoning Administrator and the Board of Zoning Appeals. A one time
processing f ee of' $120 must accompany the appeal application.
If you have any questions, please contact Andrew Kellerman, Code Enforcement Officer, at 434 -296-
5832.
aid L. Higgins ,
Deputy Zoning Administrator
County of Albemarle
ATTACHMENT 3
ALBEMARLE COUNTY COD
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 limiting
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.
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
Zoning Supplement ##49, II -12 -08
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
Zoning Supplement 1149, 11 -12 -08
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)
46. Storage yards. (Added 11- 12 -08)
(§ 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; § 18- 24.2.1,
Ord. 98 -A(1), 8 -5 -98; Ord.02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the HC district:
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. Drive -in 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 #49, II -12 -08
ALBEMARLE COUNTY CODE
wave and radio -wave transmission and relay lowers, substations and appurtenances (reference
5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. 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.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1 -83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84;
Amended 2 -5 -03)
12. Drive -in windows serving or associated with permitted uses. (Added I 1 -7 -84; Amended 9 -9-
92)
13. 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)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6- 19 -91)
15. Animal shelter (reference 5.1.11). (Added 6- 16 -99)
16. 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; § 18- 24.2.2, Ord. 98 -A(1), 8 -5 -98; Ord.
99- 18(4), 6- 16 -99; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04; Ord. 08- 18(6), 11- 12 -08)
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 #49, 11-12-08
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ATTACHMENT 7
COUNTY OF ALBEMARLE
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MEMORANDUM
TO: Albemarle County Board of Zoning Appeals
FROM: Greg Kamptner, Deputy Count)/ Attorney
DATE: May 29, 2008
RE: Appeal 2008 -001, Baumgardner (Crown Automotive)
This memorandum pertains to the issue of whether Crown Automotive ( "Crown ") is required to obtain
approval of a site plan in order to engage in a motor vehicle sales and rental use on the property. Motor vehicle
sales and rental is a by right use in the Highway Commercial zoning district.
Crown states that a site plan "should not be required" for the use because it "has not yet developed the
parcel" and because "the current use of the parcel for motor vehicle sales is not `development' of the parcel."
Application for Appeal of Zoning Administrator's Determination ("Application "), § III. To support its position,
Crown argues that Albemarle County Code § 18 -32.1, which states the intent of the County's site.plan
requirements, provides that the County's intent for requiring site plans is to assure that land is developed in an
orderly manner and to "encourage innovative and creative design and facilitate use of the most advantageous
techniques and highest standards in the development of land." Application, § III (emphasis added by Crown),
Crown's position on this appeal ignores the plain and unambiguous language in Albemarle County Code §
18- 32.2.1, which states when a site plan is required:
A site plan shall be required for any construction, use, change in use or other development in all
zoning districts; provided that no site plan shall be required for the following:
a. The construction or location of any single - family detached dwelling which is located
upon a lot whereon are located or proposed to be located an aggregate of two (2) or
fewer dwellings.
b. The construction or location of a two - family dwelling on any lot not occupied by any other
dwellings.
Any accessory structure to a single - family detached or two - family dwelling.
Any agricultural activity except as otherwise provided in section 5.0.
e. Any change in or expansion of a use provided that: (1) such change or expansion does not
occasion additional parking under the requirements of this chapter; (2) no
additional ingress /egress or alteration of existing ingress /egress is recommended by
the Virginia Department of Transportation based on intensification of use; (3) no
additional ingress /egress or alteration of existing ingress/ egress is proposed. (32.2.1, 1980)
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