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HomeMy WebLinkAboutLZC200800025 Legacy Document 2009-02-11ALBv�r IRG-1 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 24, 2008 Linsie Adderley A and A Limousine Service LLC 49 Sunrise Lane Ruckersville, VA 22968 Dear Mr. Adderley: Re: Determination of Use — A and A Limousine Service (TM 061 MO -00-13-002F4, 677 Berkmar Court, Zoned PD -MC, Planned District, Mixed Commercial Commercial with agreements) Dear Mr. Adderley: This is in response to your request to use the above -referenced property for your business. Limousine service is not listed as a permitted use anywhere in the Zoning Ordinance. I understand your business involves the use of an office and 8 vehicles comprised of 3 stretch limousines, 1 van, 1 sport utility vehicle, and 3 executive vehicles. Two of these vehicles are driven home by employees. The remaining 6 are stored on site. You have further described your business as follows: '7 don't think that limousine service should fall under the same use as rental car companies. With rental cars people have to come in and pick up and return vehicles. All our services are based on reservations that are taken over the telephone where people are requesting a chauffeured car service. Within the four years we have been in business, we have had less than ten customers actually come to our office locations and when they do it is only to see the vehicle. This use is also different from taxi companies as taxi companies lease their vehicles to the drivers on a daily basis." "Our vehicles are kept at this location so our drivers can have a place to come and pick up and return them on completion of their assignments. There is no washing or maintenance of vehicles at this location." A and A Limousine Service LLC November 24, 2008 Page 2 In consultation with the Planning Director and in accordance with the provision in Section 22.2.1 and Section 24.2.1, it is my opinion that this use described above is permitted on this property. Prior to beginning this use, you must submit a sketch showing how you intend to use the property and you must obtain approval of a zoning compliance clearance. The property was rezoned with agreements to PD -MC on May 12, 1993 per ZMA-92-08. Buildings E1 and E2 are limited to C-1 and CO uses. The Limousine Service use is proposed for Building F2. That building can support all PD -MC uses except for certain uses that are prohibited by agreement by the rezoning. Those prohibited uses are characterized by large vehicle sales or rental lots and vehicle service. The applicable prohibited uses are listed below. Motor Vehicle Sales, Service and Rental Mobile home and trailer sales and service Modular building sales Sales of major recreational equipment and vehicles Machinery and equipment sales, service and rental In the past we have allowed a limousine service or medical transport service to be located in districts that permit "Motor Vehicle Sales, Service and Rental." This was supported by two factors. (1) A customer of a limousine company was thought to be renting the service and (2) Motor vehicle sales, service and rental is comparable to but more intensive than a limousine service. However, in accord with ZMA-92-8 the limousine service can not be permitted under the Motor Vehicle Sales, Service and Rental use category without an amendment of the rezoning on the proposed site. However, it is my determination that the limousine service as proposed is not equal to the other uses that are prohibited from this property by ZMA-92-8 that are listed above and in fact is permitted under C1 and HC language for unspecified uses. The ordinance language which provides the basis for the finding that the limousine use is permitted ori this property is provided below. Uses that are permitted by right in C-!, CO and HC districts are permitted by right in the PD -MC district. 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. A and A Limousine Service LLC November 24, 2008 Page 3 24.2.1 BY RIGHT The following uses shall be permitted in any FIC 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. This use is being permitted at this location for the following reasons: 1. It is consistent with the Comprehensive Plan. 2. The proposed use is similar in nature, locational requirements, operational characteristics, visual impact and traffic generation to uses permitted in the C-1 district including Furniture and home appliances (sales and service), Funeral Homes, and uses permitted in the HC district including Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services, New automotive parts sales, Office and business machines sales and service. It is also comparable -to other professional offices generally that engage in work or services that involve deliveries or field work. In fact, the proposed use is arguably less intensive than some of these other uses cited above. Therefore, this use is permitted. 3. A minor site plan amendment, SDP -2008-5 was approved on February 14, 2008. This plan shows the modification of three parking spaces to accommodate limousines. 4. This determination is based on the existing use. Any change or expansion of the use is not permitted under this determination. If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2- 2311 of the Code.of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. A and A Limousine Service LLC November 24, 2008 Page 4 Sincerely, John Shepherd Manager of Zoning Administration Cc: Sherri Proctor, Senior Permit Planner Reading File & CV File LZC-2008-25 SDP -2008-5