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
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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