The URL can be used to link to this page

Home My WebLink AboutLZC201500024 Action Letter 2017-07-12COUNTY OF ALBE URLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 October 9, 2015 United of Omaha Life Insurance Company Attn: Lis Peterson, Closing Manager Mutual of Omaha Plaza Omaha, NE 68175 Re: Tax Map 78, Parcel 17D LZC201500024 Pantops Shopping Center Dear Ms. Peterson: You have asked for a letter that provides an analysis of the zoning and other information regarding the referenced property, located at the intersection of Riverbend Drive and South Pantops Drive in Charlottesville, VA. This letter is based on a review of our records and an inspection of the site. 1- The property is zoned PD-SC, Planned Development -Shopping Center. A copy of the action letter for ZMA-83-2 is enclosed. 2. SP-87-93 was approved, with a condition, on December 16, 1987 to allow a fast food restaurant with a drive through window on the parcel. SP-90-08 was approved, with conditions, on April 18, 1990 to allow a veterinary clinic on the parcel. SP-99-07 was approved June 9, 1999 to allow expansion of the veterinary clinic to encompass 384 & 388 Pantops Shopping Center. 3. The parcels abutting the subject parcel are zoned PD-SC, Planned Development - Shopping Center and C-1, Commercial. 4. The free-standing shopping center sign is legally non -confirming because it exceeds 32 square feet and is taller than 12 feet. There are no other legal non -conforming issues identified on this site. A copy of Section 4.15.24 that contains the non -conforming sign regulations is enclosed. 5. The site has been developed in accord with a site plan designated as SDP 1983-29 that was approved on June 7, 1983. The site plan has been amended on July 1, 2004 with SDP2004-04 and on February 28, 2008 with SDP2008-33. The site improvements, including parking, were inspected for zoning compliance on September 30, 2015. The site has parking in excess of the requirement for shopping centers of this size. No site plan violations were identified on the site on that date. October 9, 2015 Lis Peterson Page 2 6. A review of our records does not show any unresolved zoning or building code violations and/or complaints. Please contact me at (434) 296-5832 ext. 3225 if you have questions or require additional information. r ReeL. Higgins, AICP Chief of Zoning/Deputy Zoning Administrator Enclosures: ZMA-83-2 approval Section 4.15.24 Zoning Map of Property CC: Jamie Boyers Great Eastern Management Company P.Q. Box 5526 Charlottesville, VA 22905-5526 BOARD OF SUPERVISORS 1AAUS R. BUTLSR PATMCIA N. Cooks 3LRALD L rNMER L T. HENLEY. JR. I TIMOT"Y Umosroo 1 UAAN V. NASH T.T j OF AL ft Got! q'Q< OFFICE OF BOARD of SLIPERV1SOR9 401 MCINnRe ROAD CHAALOnEmLLL V1RAU+AA 22901-4596 MEMORANDUM To: Mr. Robert W. Tucker Jr, From: Lettie E, , Director of Planning Date. June 16 1983 Clerk Subject: Riverbend Limited Partnership and Dr. Carlo Columbini ZMA-83-2 At its meeting of June 15, 1983, the Albemarle County 3upervisors approved ZMA-83-2 subject to the following: I. MODIFICATIONS TO THIS REZONING PETITION PLANNING DEPT. BY r L 071E L MM49R Ca" OAT . LSM aa+rc SMaARA J. FLAiAUM a•rurr CL4W Board of 1) The Planned Development -Shopping Center designation expanded to incorporate additional developable (Areas Ae B and C, on plan entitled "Planning Staff Proposed Modification Of ZMA-83-211) ; 2) Strip commercial areas surrounding the shopping center which cannot be reasonably developed without encroachment into the floodplain should be designated as "open space''; 3) The 100--year floodplain adjacent to the proposed development should be designated as "open space11; 4) For the purposes of thispetition, intended as a non -developable beemaintainedpinea is natural state. Required improvements such as sewer lines, raevage.facilities and the like should be permitted in thecontinuace'anceeof.the existing Sand should be made for this area, g �d removal activity in 2114DI GS 11 IN AC f •y� 1) The suitability of'the tract for the genera Development district proposed in terns of: comprehensive plan; physical characteristics its relation to surrounding area. ZONING ORDINANCE 1 type of Planned relation to the Of the land; and 4n :r Memo To: Robert W. Tucker, Jr., Director of Planning Date:- June 16, 1983 Page 2. Due to unknown characteristics of past grading activity, engineering study to determine suitability for construction is warranted. 2) Relation to major roads, utilities, public services. facilities and Based on comment from the Albemarle County Service Authority, Fire Official and the Virginia Department of Highways and' Transportation, these elements appear adequate to support the proposed shopping center development. 3) Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments or for amendments in those proposed (See Attachment C.) Staff is currently working with the applicant in development and revision agreements, guarantees, and the like intended to provide a basic framework for future development of this property. Basically, these documents would address the following: a) Agreement to develop property in general compliance with the approved Application Plan. Variations may be permitted as provided in Section 8.5.6.3 of the Zoning Ordinance; b) Statement of consent to pursue in a timely manner rezoning of additional land to PD--SC and "open space" as outlined in "Staff Recommendation: Modification of Application Plan"; c) Agreement to modify design of the stormwater management System to include pollution abatement measures to the extent deemed reasonable by the County Engineer; including the use of grass filter strips in the floodplain areas on,the west, south and east sides of the project; provided that such modifications may be incorporated without substantial increases in cost of such system. Agreement to develop and pursue a site maintenance program to include a regular street sweeping program utilizing vacuum sweepers and to reflect practices recommended by the State Water Control Board "Urban Best Management Practices Handbook", such program to be reviewed by the County Engineer; Memo To: Robert W. Tucker, Jr., Director of Planning Date June 16, 1983 Page 3. o f fl d) Revised agreement regarding road improvements and signalization. Riverbend Drive shall be accepted into the Virginia Department of Highways and Transportation's system or bonded for such acceptance prior to the Issuance of any certificate of occupancy on -Phase II of the Riverbend Shopping Center or the 2.9 acre parcel identified on the Application Plan ZMA--83-2, whichever certificate of occupancy shall be applied for first. Agreement to pursue additional planning in transportation matters as recomm- ended by the Virginia Department of Highways and Transportation. Stuart Richard George St. John Bob Vaughn Ron: Keeler File ALBEMA.RLE COUNTY CODE b. Removal,, unlawful erection of sign. If a sign is erected on private property in violation of this section 4.15, the zoning administrator shall order the owner or lessee of the property on which the sign is located to remove the sign within a time period determined by the zoning administrator to be appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator may cause the sign to be removed or initiate such other action as may be necessary to compel compliance with the provisions of this section 4.15. If a sign is erected on public property, including a public right-of-way in violation of this section 4.15, any county employee may immediately remove the sign without prior notice to the owner of the sign. c. Removal of copy on sign face, discontinuance of pertinent use. If the use of a structure or property is discontinued, the copy on each sign face pertaining to that use shall be removed by the owner or lessee of the property. on which the sign is located within two (2) years from the date of the discontinuance of the use. If the owner or lessee fails to remove the copy, the zoning administrator may cause the copy to be removed or initiate such other action as may be necessary to compel compliance with the provisions of this section 4.15. d. Liability for cost of removal by county. If the zoning administrator causes a sign or copy on a sign face to be removed under the provisions of this section, the cost of such removal shall be chargeable to the owner of the sign or the owner or lessee of the property on which the sign is located. e. Custody and destruction of removed signs. Cardboard and paper signs that have been removed by the county pursuant to this section shall be destroyed upon removal. All other signs which have been removed by the county shall be held for a period of thirty (30) days and may be reclaimed by the sign owner within that time by reimbursing the county for the costs of removal. If such a sign is not reclaimed within the thirty (30)-day period, it shall be deemed to have been forfeited by the owner and shall be destroyed. (12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-01) State law reference — Va. Code § 15.2-2280. 4.15.24 NONCONFORMING SIGNS A nonconforming sign may continue, subject to the provisions, conditions and prohibitions set forth herein: a. Alteration of copy. The copy of a nonconforming sign may be altered by refacing the sign by or for the current owner of the establishment to which the sign pertains. b.. Alteration of sign structure. A nonconforming sign shall not be structurally altered; provided that the zoning administrator may authorize a nonconforming sign to be structurally altered so that it is less nonconforming and further provided that each time the nonconforming sign is structurally altered, the sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height until the sign area and the sign height are conforming. c. Consolidation. Two or more nonconforming signs on a lot may be consolidated into a single sign; provided that the resulting sign area and sign height shall be reduced by at least twenty- five (25) percent of its current area and height until the sign area and the sign height are conforming, and further provided that each time the resulting nonconforming sign is thereafter consolidated with another nonconforming sign on the lot, the resulting sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and height, until the sign area and the sign height are conforming. A sign resulting from the consolidation of I 8-4-49 Zoning Supplement t115, 5-9-01 ALBEMARLE COUNTY CODE nonconforming signs shall not have greater sign height than any of the signs that were consolidated. d. Discontinuance of copy on sign face. A nonconforming sign without copy on its sign face for a continuous period of two (2) years shall lose its nonconforming status and be removed by the owner of the property on which the sign is located. e. Discontinuance of use or structure to which sign pertains. A nonconforming sign shall lose its nonconforming status and be removed by the owner of the property on which the sign is located if the use to which the sign pertains is discontinued for more than two (2) years. £ Enlargement or extension. A nonconforming sign shall not be enlarged or extended. g. Maintenance. A nonconforming sign shall be maintained in good repair and condition. h. Relocation. A nonconforming sign shall not be moved to another location on the same lot or to any other lot; provided that the zoning administrator may authorize a nonconforming sign to be moved to a location that is more in compliance with the purpose and intent of this section 4.15. i. Replacement or restoration. A nonconforming sign may be replaced or restored only as provided below: 1. A nonconforming sign that is destroyed or damaged by the owner of the sign or the owner of the lot on which the sign is located shall not be replaced or restored unless it complies with this section 4.15. 2. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the destruction or damage exceeds fifty (50) percent of its appraised value, shall not be replaced or restored unless it complies with this section 4.15. 3. A nonconforming sign that is destroyed or damaged as a result of factors beyond the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the destruction or damage is fifty (50) percent or less of the appraised value, may be replaced or restored provided that the replacement or restoration is completed within two (2) years after the date of the destruction or damage, ' and the sign is not enlarged or extended. j. Removal if in unsafe condition. A nonconforming sign declared to be unsafe by a public safety official because of the physical condition of the sign, including an unsafe physical condition arising from the failure of the sign to be maintained, shall be removed. k. Registry of nonconforming signs. The owner of any property on which there is erected a nonconforming sign shall, upon notice from the zoning administrator, submit verification within sixty (60) days that the sign was lawfully in existence at the time of adoption of these sign regulations. The zoning administrator shall maintain a registry of such nonconforming signs. (12-10-80; 7-8-92, §§ 4.15.09.5, 4.15.10; Ord. 01-18(3), 5-9-01) State law reference — Va. Code § 15.2-2280. 18-4-50 Zoning Supplement 415, 5-9-01 Lw100 sk r- .11NO 15 .1 '. CD "if 'I I lit, ID ;11 1up SHIM H i 431fVommLinity Development Departmed Albemarle County, clnf Cload Charlottesville, VA2292-45% Planning Application Voii 34) 29&6= Fax : (434) 972-4126 RKATION TMP'j 07800-00-00-017DO Owner(s):IPANTOPS SHOPPING CENTER I LLC Application #I LZC201500024 Legal Description I ACREAGE RrVERBEM SMPPIM CBFMR Magisterial Dist. Rivan na Land Use primary Commercial u Not in A/F DMrict D- C "e nt AFD Current Zoning Primary Planned Development Shopping Center APPLICATION INFURKATION Street Address 394 PANTOPS CTR CHARLOTTESVILLE, 22911 Entered By Application Type Letter of Zoning Compliance Emily Lantic project ct jTr4P 78-17D Received Date 09125/15 Received Date Final E Submittal Date Total Fees i 185 Closing File Date Submittal Date Final Total Paid 185 Revision Number Comments Legal Ad SUB APPLICATION(s) Tvvej Sub Applicatio 1 jAPPLICANT CONTACT INFORr4ATIoN I Name mess Zip 1 %m PhwaGWI PANTOPS SHOPPING CENTER I LLC P 0 Box 5526 DAWD M]TCHELL P.O. BOX 552fi CHARL017ESWLL -22905 CHARLCITTESVlLL 22905 44345668299 Signature of Contractor or Authorized Agent Date FOR OFFICE USE ONLY Fee Amount $ s". c0 Date Paid �= aS"I By who? G.l�`ita Sono 'geipt # ! O1 Sl�� Ck# By: 51C� Application for Letter of Zoning Compliance Z Letter of Zoning Compliance = $185 LZC# Date of Application: 9/25/15 Tax map and parcel: 78 17D Acreage: 12.07 Total 12.07 Zoning: PD-SC, Planned Development Shopping Center (Each Parcel) Physical street Address (if assigned): 394 Pantops Center, Charlottesville, VA 22911 Location of property (landmarks, intersections, or other): Located at the intersection of Route 20 North and Riverbend Drive. Located at the intersection of Route 20 North and Riverbend Drive. Contact Person (Who should we call/write concerning this project?): David Mitchell Address c/o GEMC P.O. Box 5526 Daytime Phone (4311 566-8299 City Charlottesville state VA Zip 22905-55; E-mail david@southemclassic.com Owner of Record Panto s Shopping Center I, LLC Address cJo GENIC P.O. Box 5526 Fax # L3,4) 293-5197 city Charlottesville Daytime Phone (_434 296-4141 x101 Fax # (43�) 293-5197 Applicant (Who is the Contact person representing'?): Pantops Shopping Center I, LLC Address c/o GENIC P.O. Box 5526 Daytime Phone �� 296-4141 x101 Submittal Re uirements state VA Zip 22905-55; E-mail 'boyers cQ emc.com City Charlottesville state VA zip 22905-55: Fax # U� 293-5197 E-mail jboyers@gemc.com l) Approved/Recorded plat/plan. (IfApplicable) 2) Sample letter stating information lending institution or other party needs. 3) DMV Form for automobile dealers S f i CIA,1, y' t , .` i Signature of Applicant 9/25/15 Date County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fag: (434) 972-4126 Revised 1/1/2011 Page 1 of 1