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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
December 30, 2014
Ms. Cynthia Lohr
c/o Clark & Bradshaw, P.C.
92 N. Liberty Street
Harrisonburg, VA 22802
RE: LZC201400046 — Briarwood Gas Station
Tax Map and Parcel Number 032G0- 00- 00 -000B1 (part of B)
(the "Property ")
Dear Ms. Lohr:
In response to your request concerning the above referenced property's compliance
with applicable codes, regulations and ordinances, please be advised as follows:
The property is zoned Commercial (C -1) under the zoning ordinance of the
County of Albemarle. The Commercial district permits food stores, automobile,
service stations and eating establishments by right, among other things (see
Section 22 attached). The property is located in the Airport Impact Area
Overlay District and the Entrance Corridor Overlay District (EC) and is subject
to the rules and regulations regarding this district.
■ The zoning of abutting properties is C -1 to the northeast and southwest,
planned residential to the west and Light Industrial across Route 29 to the east.
■ The proposed building and development identified as Briarwood Commercial
Lots -Gas Station Plan is on SDP201400047, which was approved November 5,
2014.
■ Commercial development within the County is not subject to density
regulations.
■ The latest site plan shows the food /convenience store /service station to be
served by a total of 23 parking spaces, which meets the required total of 19
I:\DEFACommunity Development\Zoning & Current Development Division\Determinations of Compliance \2014
Compliance \LZC201400046 Woodbriar Associates - Briarwood Commercial.doc
spaces. This will comply with off - street parking requirements for the proposed
uses.
■ There is an outstanding zoning violation pending regarding required buffers,
which affects this Property and the adjacent property to the west. Development
in accordance with the approved site plan is expected to correct the violation on
this Property.
There are no other pending zoning or development applications for the
property.
If you have any questions or concerns, please do not hesitate to call me.
Sincere ,
Ronald L. Higgins, AICP
Chief of Zoning /Deputy Zoning Administrator
Enclosures: - Section 22 of the Albemarle County Zoning Ordinance
(C -1 Commercial District Regulations).
-Map of the Property with zoning.
IADEPnCommunity Development\Zoning & Current Development Division \Determinations of Compliance \2014
Compliance \LZC201400046 Woodbriar Associates - Briarwood Commercial.doc
ALBEMARLE COUNTY CODE
CHAPTER 18
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
kThe following uses shall be permitted in any C -1 district, subject to the applicable requirements of this
chapter. 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.
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).
8. Hardware store.
9. Musical instruments.
18 -22 -1
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
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.
16. Farmers' markets (reference 5.1.47).
17. Laboratories /Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
18. Manufacturi ng/Process ing/As s embly/F abri cation and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges (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.
18 -22 -2
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
16. Automobile service stations (reference 5.1.20).
17. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4 -3 -13)
22. Automobile, trick repair shop excluding body shop.
23. Temporary nonresidential mobile homes (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5 -5 -10)
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 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; Ord. 10- 18(4), 5 -5 -10; Ord. 13- 18(2), 4 -3 -13)
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys,
pool halls and dance halls.
2. Energy and communications transmission facilities.
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.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. Drive - through windows.
18 -22 -3
Zoning Supplement #78, 4 -3 -13
ALBEMARLE COUNTY CODE
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.
12. Body shop.
13. Animal shelter (reference 5.1.11).
14. Tier III personal wireless service facilities (reference 5.1.40).
15. Storage / Warehousing /Distribution/Transportation
(§ 20- 22.2.2, 12- 10 -80; 1 -1 -83; 6 -1 -83; I1 -7 -84; 6- 14 -89; 9 -9 -92; 6- 16 -99; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2),
10- 13 -04; Ord. 13- 18(2), 4 -3 -13)
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 #78, 4 -3 -13
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