Loading...
HomeMy WebLinkAboutCLE201100153 Review Comments Zoning Clearance 2014-11-24J$ �'IRGIT�ZP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 November 24, 2014 Jo Higgins, Project Manager c/o Project Development Limited LC 2564 Mt. Torrey Road Lyndhurst, VA 22952 RE: Ivy Provisions business Tax Map 60, Parcel 40E 2206 Ivy Road Dear Ms. Higgins: This letter is provided as: a response to your letter of October 8, 20,14 outlining proposals to abate the zoning violations noted in ZV1O201400128, dated July 25, 2014, and; an amendment to zoning clearance CLE201100153 for this property, dated September 16, 2011. In your revised site sketch, that will be dated the same as your October 8, 2014 letter, you have shown all items that were noted in the violation notice. You have also listed in your letter actions taken to correct other items noted in the zoning violation. This is all sufficient for abatement of all of the items in the zoning violation except for the dumpster addition. This can be abated only by either removing the dumpster or providing the proper concrete pad as called for in the zoning ordinance, Section 4.12.19 (attached). In your letter you have requested a reduction from 15 to 14 required parking spaces to serve this less than 1,200 square foot convenience /retail use and eatery with inside and outside tables. In this case, the two uses of retail and food sales require 15 spaces based on Section 4.12.6 of the ordinance which requires 13 parking spaces per 1,000 square feet of gross floor area for restaurant use /seating areas and 1 parking space 100 square feet for the convenience retail use. We approve your request with the understanding that any additions to the building, seating or parking will require a new site development plan to be submitted for review and county approval. This approval is based on your analysis and the reasons set forth below and provided that a dumpster can be approved in accordance with zoning regulations indicated above. • Your parking study indicates that the number of spaces that are expected to be needed is 14 and the requirement of 15 has been reduced by only one space to accommodate a dumpster. • The use is somewhat unusual in that it functions as both a "retail' store and eating establishment due to the presence of indoor and outdoor seating and items for purchase that can be taken away from the site. • The facility is located near a fairly large number of residential uses making it reasonable to expect that some of the patrons of the establishment will either ride bikes or walk to the site, as confirmed in site observations. • The site is located on a UVA bus route with a bus stop within one block. Please contact pe� you hav-0 questions or require additional information. Sincerel t Ronald L. Higgins, AICP Chief of Zoning /Deputy Zoning Administrator Attached: -Ivy Provisions site sketch from Project Development Limited LC, dated October 8, 2014. - Section 4.12.19 of the Albemarle County Zoning Ordinance o- �o m r�i 0, N O y .Z 0 ? s�?F n `° pWp�j m x Z D 3 rt r s -o Z CD 023 Z ,BCD o m o -o _ m 11 m / ob/ � ly m �y Lli C N . yO m `r / �y Fri / x C a a • ALBEMARLE COUNTY CODE approved by the zoning administrator. The zoning administrator may authorize that bumper blocks or posts be used to delineate loading spaces on surfaces that are not conducive to paint striping. (§ 4.12.7 (part), 12- 10 -80; Ord. 03-18(l),2-5-03) 4.12.19 MINIMUM DESIGN REQUIREMENTS AND IMPROVEMENTS FOR DUMPSTER PADS The following design requirements and minimum improvements shall be satisfied for all vehicle access aisles: a. Materials. Dumpster pads shall be concrete. b. Design. The pad shall extend beyond the front of each dumpster so that the front wheels of a truck servicing the dumpster will rest on the concrete, but in no case shall the length of a concrete pad be less than eight (8) feet beyond the front of the dumpster. The site shall be designed so that stormwater does not run through, and drains away from, areas where dumpsters are located in order to minimize the potential for contaminating stormwater runoff due to contact with solid waste. c. Screening. Dumpsters shall be screened as required by section 32.7.9 and, where applicable, section 30.6. (Ord. 03- 18(1), 2 -5 -03) 4.13 (Repealed 2 -5 -03) (Old sections 4.12 and 4.13 repealed on 2/5/03 when new sections 4.12 — 4.12.19 adopted pursuant to Ord. 03- 18(1)) 4.14 PERFORMANCE STANDARDS Each use of an industrial character as determined by the zoning administrator and each use to which section 4.14 is 'expressly applicable to that use (referred to collectively in sections 4.14.1 through 4.14.5 as a "use of an industrial character ") shall be subject to the performance standards in this section through section 4.14.5. (§ 4.14, 12- 10 -80; Ord. 11- 18(8), 8 -3 -11) 4.14.1 NOISE Sound generated from a use of an industrial character shall comply with section 4.18. (§ 4.14.1, 12- 10 -80; Ord. 00- 18(3), 6- 14 -00; Ord. 11- 18(8), 8 -3 -11) 4.14.1.1(Repealed 6- 14 -00) 4.14.1.2 (Repealed 6- 14 -00) 4.14.2 VIBRATION Vibrations generated from a use of an industrial character shall be subject to the following: a. Method of measurement. The vibration standards delineated in this section shall be measured as follows: Measurements shall be made at or beyond the closest boundary line of an abutting lot and the zoning district boundary line closest to the source as provided below in a manner accepted by the county engineer. 18 -4 -28.6 Zoning Supplement 469, 8 -3 -11