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HomeMy WebLinkAboutLZC201600040 Action Letter 2016-11-23COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 November 23, 2016 Greg Coghill 6593 Commerce Ct #100 Warrenton VA 20187 RE: LZC-201600040 - Tax Map 45, Parcel 104A, Owner — RYDER ENTERPRISES LLC, PO BOX 6778 CHARLOTTESVILLE VA, 22906 (the "Property") Dear Mr. Coghill: In response to your request for a Letter of Zoning Compliance for the above referenced Property, please be advised of the following: • The Property is zoned Commercial (C-1). (See attachment) The Property is subject to the Entrance Corridor ("EC"), the Airport Impact Area ("AIA") and Steep Slopes Overlay Districts as described in Section 30 of Chapter 18 of the Albemarle County Code ("Zoning Ordinance"). Development of the Property has occurred per SDP1986-00052 and SDP1996-00039 and is subject to applicable use, site plan and water protection ordinance regulations. The applicable building height, setbacks and parking requirement are established in Sections 21.4, 4.20 and 4.12 respectively. Sections 21.4 and 4.20 are attached, but 4.12 is a lengthy and because many uses are permitted in the C-1 zoning there are many parking calculations for those uses which are on multiple pages, thus below is a link to the Albemarle County Code where all of the noted regulations of the Zoning Ordinance may be found in the applicable Sections. • This office has no record of any open violations for this Property. • The site plans are in a large format and not in a form to copy with this letter. Copies of any approved site plans and certificates of occupancy or other documents may be obtained from this office with a request through the department's Records Manager, Paul Bjornsen, at Pbjornsen(a)albemarle.ora Please contact me if you have questions or require additional information. Sincerely, Francis H. acC Principal Planner Designee to the Zoning Administrator Attachments: Zoning Map County Code website: http://www.albemarle.org/countycode ALBEMARLE COUNTY CODE CHAPTER 18 ZONING SECTION 21 COMMERCIAL DISTRICTS - GENERALLY Sections: 21.1 INTENT, WHERE PERMITTED 21.2 PERMITTED ACCESSORY USES AND STRUCTURES 21.3 OFF-STREET PARKING AND LOADING REQUIREMENTS 21.4 HEIGHT REGULATIONS 21.5 SIGN REGULATIONS 21.6 MINIMUM LANDSCAPED AREA 21.7 MINIMUM YARD REQUIREMENTS 21.8 UTILITY REQUIREMENTS 21.9 BUILDING SEPARATION 21.1 INTENT, WHERE PERMITTED It is intended that commercial districts hereby and hereafter created shall be for the purposes of providing places to conduct commerce and business as well as to provide places of employment and strengthen the local economic base. To these ends, activities involving retail, wholesale and service business shall be permitted at appropriate locations within areas designated as the urban area, communities and villages in the comprehensive plan. A review of transportation impacts shall be a major consideration in the establishment and development of all commercial districts. (§ 20-21.1, 12-10-80) 21.2 PERMITTED ACCESSORY USES AND STRUCTURES Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided establishment of the same shall not be permitted until construction has commenced on the principal building or the principal use has been established; and provided further that in no case shall a parking structure other than a parking lot or garage located entirely at and/or below grade, be deemed to be accessory to any use in any commercial district. In no case shall a drive-in window be deemed to be accessory to any use in any commercial district. ) (§ 20-21.2, 12-10-80; 11-7-84) 21.3 OFF-STREET PARKING AND LOADING REQUIREMENTS Off-street parking and loading space requirements shall be in accordance with section 4.12. (§ 20-21.3, 12-10-80) 21.4 HEIGHT REGULATIONS Except as otherwise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65) feet. The minimum stepback requirements for any structure exceeding forty (40) feet or three (3) stories, whichever is less, in height shall be as provided in section 4.20. (§ 20-21.4, 12-10-80; 9-9-92; Ord. 15-18(4), 6-3-15) 18-21-1 Zoning Supplement #91, 6-3-15 ALBEMARLE COUNTY CODE Figure 4 Conventional Residential Districts (R-10 or R-15 only) Abutting Single Family Residential, Rural Areas, or Monticello Historic Districts, Side & Rear Setback R-10 or R-15 District 1' additional setback or Single Family Residential. bulking separation required Rural Areas. or Monticello for each 1over 35' Historic District State law reference — Va. Code § 15.2-2280 (Ord. 15-18(4), 6-3-15; Ord. 16-18(1), 3-2-16) 4.20 SETBACKS AND STEPBACKS IN CONVENTIONAL COMMERCIAL AND INDUSTRIAL DISTRICTS Setbacks and stepbacks shall be provided as follows: a. Conventional commercial districts. The following shall apply within the C-1, CO, and HC districts: Setbacks Front -Minimum 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way Front -Maximum 30 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way, provided that this maximum setback shall not apply to any structure existing on June 3, 2015 and to any structure depicted on an approved final site plan that is valid on June 3, 2015 as having a front setback greater than 30 feet; none, on any lot, including a corner lot, abutting a principal arterial highway Side and Rear- If the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) Minimum no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary; and (ii) no off-street parking or loading space shall be located closer than 20 feet to the district boundary. If the abutting lot is zoned commercial or industrial, any primary structure shall be constructed and separated in accordance with the current edition of the Building Code. Side and Rear- None Maximum Stepbacks Front I Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet Side and Rear I None 18-4-65 Zoning Supplement #96, 3-2-16 ALBEMARLE COUNTY CODE 1. The maximum front setback shall be increased to the depth necessary to avoid existing utilities, significant existing vegetation, steep slopes, perennial and intermittent streams, stream buffers, public spaces and public plazas shown as such on an approved site plan or subdivision plat, to satisfy a condition of a certificate of appropriateness, and in circumstances where there are multiple buildings on the same lot and prevailing development patterns. 2. The maximum front setback may be increased by special exception to accommodate low impact design, unique parking or circulation plans, or a unique target market design. 3. Any minimum setback may be reduced by special exception. 4. The minimum 15 foot stepback may be reduced by special exception. 5. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way. 6. On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks, the proffered setbacks or stepbacks shall apply. b. Conventional industrial districts. The following shall apply within the LI and HI districts: Setbacks Front -Minimum 10 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way; for off-street parking or loading spaces, 10 feet from any public street right-of-way Front -Maximum None Side and Rear- In the LI district, if the abutting lot is zoned residential, rural areas, or the Monticello Minimum Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 50 feet from the district boundary; and (ii) no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. In the HI district, if the abutting lot is zoned residential, rural areas, or the Monticello Historic district: (i) no portion of any structure, excluding signs, shall be located closer than 100 feet from the district boundary, and (ii) no portion of any off-street parking space shall be located closer than 30 feet from the district boundary. If the abutting lot is zoned commercial or industrial, any primary structure shall be constructed and separated in accordance with the current edition of the Building Code. Side and Rear- None Maximum Stepbacks Front Side and Rear Floors above 40 feet or the third story, whichever is less, shall be stepped back a minimum of 15 feet None 1. Any maximum front setback may be increased by special exception. 2. Any minimum setback may be reduced by special exception. 3. The minimum 15 foot stepback may be reduced by special exception. 4. Notwithstanding section 4.6.3, the front setbacks in the districts subject to this subsection shall be measured from the right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way. S. On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing minimum or maximum setbacks or stepbacks, the proffered setbacks or stepbacks shall apply. Figures Figures 1 through 6 are for illustration purposes only. If there is a conflict or inconsistency between a regulation in section 4.20 to which a Figure pertains and the Figure itself, the regulation is controlling. In addition, Figures 1 through 6 merely illustrate specific requirements and do not show all applicable requirements of the applicable district regulations. 18-4-66 Zoning Supplement #96, 3-2-16