HomeMy WebLinkAboutLZC200400013 Action Letter 2017-07-1214
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-5832
September 27, 2004
Prudential Insurance Company of America
Attn: Diedre M. Davis, esq.
Real Estate Law Department
Two Ravinia Drive, Suite 1400
Atlanta, GA 3 03 46-2110
RE: Tax Map 78, Parcel 17D
Pantops Shopping Center
Dear Ms. Davis:
Fax (434) 972-4126
This letter replaces the letter regarding this property to Steve Hopkins that is dated
September 22, 2004.
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.
L 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.
3. The parcels abutting the subject parcel are zoned PD-SC, Planned Development -
Shopping Center and C-1, Commercial.
1:1DEPMCMDetermin of Compliance12004 CompliancelComp-2004-13 Pantops Shopping Center.doc
Diedre M. Davis, esq.
September 27, 2004
Page 2
4. The free-standing shopping center sign is legally nonconforming 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 nonconforming sign regulations is enclosed.
5. The site has been developed in accord with a site plan designated as SDP-83-29
that was approved on June 7, 1983. The site plan was most recently amended on
July 1, 2004. The site improvements, including the parking, were inspected for
zoning compliance on September 17, 2004. No violations were identified on the
site on that date.
6. A review of our records -does not show any unresolved zoning or building code
violations and /or complaints.
7. A list of the Certificates of Occupancy that have been issued for this site was
provided in a letter from Willie Mae Hoover dated June 22, 1988. That list was
updated and clarified in an email from Kathy Martin dated September 2, 2004. It
is the policy of this department to purge building permit files after three years.
Copies of Certificates of Occupancy are maintained on microfilm. Therefore, we
have not retained any copies of Certificates of Occupancy associated with this
project. The absence of a Certificate of Occupancy for the project will not give
rise to any enforcement action. Please be aware that interior renovation that does
not involve a change of use does not require a Certificate of Occupancy. You may
obtain a copy of a Certificate of Occupancy for an additional fee of $25.00 each.
Sincerely,
John Shepherd
Manager of Zoning Administration
Enclosures: Section 4.15.24
Willie Mae Hoover letter
Kathy Martin letter
ZMA-83-2 approval
Copy: Reading File 78-17D
Steve Hopkins
Great Eastern Management Company
P.O. Box 5526
Charlottesville, VA 22905
1ADEPTOCMDetermin of Compliance12004 Corrpliance\Comp-2004-13 Pantops Shopping Center.doc
b. Removal, unlawful erection ofsign. 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. Liabilityfor 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 ofcopy. 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 i 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
18-4-49
Zoning Supplement # 15, 5-9-01
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.
f. 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.
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 # 15, 5-9-01
4_.-Y r. 1i: 1-m
COUNTY OF ALBEMARLE
Depertmont of Inspectiana
401 McirrtIrs Road
ChaeaftesUllle, Vfronla 22901.4596
(804) 2965832
Jude 22, 1988
LTohn A. Seaman, I=
Assistant vice president
Central Pidali,ty Bank
200 West Main Street
P. o, BOX 138
Charlottesville, VA 22902
Dear box. Seamark
Yau axe hereby advised that Building Permits
no listed on the encloaed sheet have been issued fo bu3 a permits
current-.y under COnstrection or already complete at par�tops
Shopping Center.
Sincerely,
Willie Mae Hoover
Administrative'Assistant
cc: D. J. Wagner, Great Eastern Management Co.
Enclosure
BU I L O 1 Ne PERMITS AND QCCLjpj4NCY PERMITS
PANTOPS SHOPP I NO CENTER
CHARLOTTESVILLE4 VIRGINtA
Addresses $ lfusinesses served
$00-324 - Vacant
330-354 - Vacant
360-372 - Vacant
376 ^ Little Caesars
300 - Bun Seekers
364 - Pat Jungle
Pet Jungle alldition
392 - Provident Finance
394 Vacant
396 - Ur-il's 4ry L'lsanere
104
- lei d's Vi 11 aae
509
- Radio Shack
512
- Frank 9arberia, ADS
314
- Awican speed Printing
516
- Vacant (was Nutri System)
$20
- VDD Videa
S24
- Chic Hair
332 -
HOnrY's Restaurant
Henry's aOdition
536 -
Vacant (Was VIP)
440 - Revco Drag Storm
549 - Mitchell Cfflce Supply
560 - i:IOYd's Hallmark
B70' - Food Lion
)wilding Permit
No,
Date CBrtif, of
56-laS
NC (Shen
only)
acrupanzy Y j*
Q+w►x+� uere
66-107
MC (Shell
only)
°aft 1z, 1Rf'7
86-106
NC (shell
only)
Dec. 41 1907
07-857
AC
Nov. 21 1987
81-1005
AG
Nov. 5, I9e7
86-1366
AC
DeC. 19, 1986
87-LO28
RC
June 9, Igoe
87-3246
AC
Nay. 51 1907
04-1396
AC
Eawu+ ve.K�+ e�a.}e'8"
B6-1397
AG
HaY 6, 1987.7
85-67 AC
Feb. 21,
i76b
85-68 AC
MaY 24, 1995
04-1503
A09. 27,
1987
e4-1006 AC
floc. 30,
1985
84-1005 AC
Aug- 27,
1907
Q4-504 AC
Sep. 91 1984
84-445 AC
NarCh in,
1986
64-503 AC
Dec 31, 1985
84-27q AC
hareh l8,
i986
84-145 AC
Der, 30,
1985
,83-880 NC
March lB,
19ab
85-1537 AC
March 20,
1986
84-530 AC
March i8,
1996
83-079 NC
age. 30, 1?85
Sao - Vacant (Was Links) 8S-153 AC
592 - Curtis Mathes April 3, 1986
06 979 AC Auq. 27, 1997
FILEHAhE PERNTUT
Page 1 Of 1
Subj., information Request . Pantops Shopping Center
Date: 8/2/2004 3.24;58 PM Bastem Daylight Time
From: ARTIN ema e.
To: Cle-M WJQIAQo
This email Is In response to a phone Call from Jamie Boyars. She requested Certif -ate of Occupancy dates on several building
permit. unfortunately, the records from the early 80's are not great (and not compu*lzed) - here is what l have found:
1988-108NO - cannot verify data
I986-107NC - C. 0, issued 1214/87
1986.106NC - C, 0. issued 12/4/87
'NO-1 396AC - cannot verify date
'here were several other permits that elan go along with this Shopping Center (86-105/86-104J86M103) which were all C, O.'d on
)ecember 4, 1987.
hope this heips.
;athy Martin
ispections Division
:ammunity Development
34-296-5832 Ext. 3550
Till-sday. September 07, 2004 America Online_- GEMC5
BOARD OF SUPERVISORS
JAMES R. SuTLER
PATRICIA H. COOKE
GERALD E FISHER
J. T. HENLEY. in.
C. TIMOTHY LINDSTROM
ELLEN V. NASH
A
w
OF ALSZ4,
CGS I►A
�Rcz i7
OFFICE OF BOARD OF SUPERVISORS
401 AACINTIRE ROAD
CHARLOTTIMILLE. VIRGINIA 22907-4596
MEMORANDUM
To: Mr. Robert W. Tucker, Jr., Director of Planning
From: Lettie E. Neher, Clerk '��
Date: June 16, 1983•
Subject: Riverbend Limited Partnership and
Dr. Carlo Columbini
ZMA-83-2
RICS a UtE. I
.t u [i k 1983
PLANNING DEPT.
BY
LJ;ME E NEHER
CLERK
UNDA W. LEAK
4EPUTY CLERK
BARBARAJ. FLAMMIA
CEPUTY CLERK
At its meeting of June 15, 1983, the Albemarle County Board of
Supervisors approved ZMA-83-2 subject to the following:
A. MODIFICATIONS TO THIS REZONING PETITION
1) The Planned Development -Shopping Center designation should be
expanded to incorporate additional developable land (Areas A.
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 space";
4) For the purposes of this petition, the term "open space" is
intended as a non -developable area'to be maintained in a
natural state. Required improvements such as sewer lines,
drainage facilities and the like should be permitted in
''open space" areas. Likewise, provision should be made for
the continuance of the existing sand removal activity in
this area.
3. "FINDINGS" IN ACCORDANCE WITH SECTION 8.0 OF THE ZONING ORDINANCE
1) The suitability of -the tract for the general type of Planned
Development district proposed in terms of: relation to the
comprehensive plan; physical characteristics of the land; and
its relation to surrounding area.
'Memo To: Robert W. Tucker,. Jr., Director of Planning
Date: June 161, 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 facilities and
services.
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 G.)
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 ''Saff 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 increase -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;
f Vj
r+ '
Memo To: Robert W. Tucker, Jr., Director of Planning
Date: June 16, 1983
Page 3•
d) Revised agreement regarding road improvements and
signalization. Riverbend Drive shall be accepted into
the Virginia Department of Highways and Transportationts
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.
bjf/
cc: Stuart Richard
George St. John
Bob Vaughn
Ron -'.Keeler
File
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone (434) 296-5832
September 22, 2004
Steve Hopkins
Great Eastern Management Company
P.O. Box 5526
Charlottesville, VA 22905
RE: Tax Map 78, Parcel 17D
Pantops Shopping Center
Dear Mr. Hopkins:
Fax (434) 9724126
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.
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 nonconforming 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 nonconforming sign regulations is enclosed.
CADocuments and SettingAAkilmer\Local SettingATemporary Internet Fi1esl0LK271Comp-2004-13 Pantops Shopping Center
(2).doc
Steve Hopkins
September 22, 2002
Page 2
5. The site has been developed in accord with a site plan designated as SDP-83-29
that was approved on June 7, 1983. The site plan was most recently amended on
July 1, 2004. The site was inspected for zoning compliance on September 17,
2004. No violations were identified on the site on that date.
6. A review of our records does not show any unresolved zoning or building code
violations and /or complaints.
7. A list of the Certificates of Occupancy that have been issued for this site was
provided in a letter from Willie Mae Hoover dated June 22, 1988. That list was
updated and clarified in an email from Kathy Martin dated September 2, 2004. It
is the policy of this department to purge building permit files after three years.
Copies of Certificates of Occupancy are maintained on microfilm. Therefore, we
have not retained any copies of Certificates of Occupancy associated with this
project. The absence of a Certificate of Occupancy for the project will not give
rise to any enforcement action. Please be aware that interior renovation that does
not involve a change of use does not require a Certificate of Occupancy. You may
obtain a copy of a Certificate of Occupancy for an additional fee of $25.00 each.
Sincerely,
John Shepherd
Manager of Zoning Administration
Enclosures: Section 4.15.24
Willie Mae Hoover letter
Kathy Martin letter
ZMA-83-2 approval
Copy: Reading File 78-17D
CADocuments and SettingslAkilmer\Local SettingsWemporary Internet Fi]es10LK271Comp-2004-13 Pantops Shopping Center
(2).doc
09 r_ 10:`2004 09: 55 FAX 434 972 4126
REQUEST FOR LET'S
A.
$LD CODE & ZONING
OF ZONING COMPLXANCE
WJu02
File it cam
Date:
PROPERTY OWNER:
FEE: �75
Admin (waived)
Non -administrate -e
NAME: i! A Z" ,
ADDRESS: d .id r7„Y ��-{- G'a �n i ri � L�i1 a a go
PHONE:
APPLICANT:
NAME:
ADDRESS :
PHONE: .,? - y!
CONTACT PERSON:
NAME,
ADDRESS:
DAY PHONE: 7
TAX MAP: Z, PARCEL (S) : J % 0 ZONED: j�*P-r C
LOCATION: I
ACREAGE: 1). (TOTAL) r (EACH PARCEL)
EXISTING LAND USE: -<'. L YEAR BUILT: -7 A ,ozw _ r {k.,,��
SUBMITTAL REQUIR MENTS:
1) Approved/Recorded plat/plan,
2) Sample letter stating information lending institution or other
party needs.
Signature Applicant DATE
'19j,ry &,C-
/ yip
LEGAL DESCRIPTION
All that certain parcel of land, with improvements thereon and all rights, privileges and
appurtenances thereto belonging, situated in Albemarle. County, Virginia at the intersection of
Riverbend Drive and South Pantops Drive designated as Parcel 17D containing 12.07265 acres
as shown and descn'W on Sheet 2 of 2 of a plat prepared by B. Aubrey Huffman & Associates,
Ltd., dated July 20, 1988, entitled "Plat Showing Remaining Acreages of Parcels 17D and 17G
on Sheet 78 County Tax Maps, Albemarle County, Virginia, Rivanna Magisterial District",
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
1021, Page 415 (and attached hereto as Exhibit A-1.)
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September ^, 2004
To: The Prudential Insurance Company of America
Prudential Capital Group
Two Ravinia Drive, Suite 1400
Atlanta, Georgia, 30346
CERTIFICATION OF ZONING
Re: Land and improvements owned by Riverbend Limited Partnership or its assigns
("Owner") located in Albemarle County, Virginia at the intersection of Riverbend Drive
and South Pantops Drive (the "Property"), which Property is described on Exhibit A
attached hereto
Dear Sir or Madam:
I am the duly appointed and incumbent Zoning Administrator of Albemarle County, Virginia
(the "Jurisdiction"), and I am responsible for the enforcement of the zoning ordinance of the
Jurisdiction (the "Zoning Ordinance") and otherwise have knowledge of the facts required to
give this certification.
I am familiar with the Property described above.
Based upon my review of the Zoning Ordinance and all other resolutions, variances, conditions
and records applicable to the Property, I hereby certify the following:
1. Zoning District. The Property is zoned Planned District -Shopping Center (PD-
SC) under the laws or ordinances of the Jurisdiction, which zoning is the proper zoning for the
improvements located on the Property. Attached hereto as Exhibit B are true copies of the
applicable ordinances, resolutions or regulations relating to the zoning and use of the Property
and all conditions attached to such zoning and to the development of the Property. The Property
is in compliance with all of the aforesaid ordinances, resolutions, regulations and conditions.
2. Use Restrictions. Use of the Property for commercial and retail_purposes is
permitted under the Zoning Ordinance. The Property is not a non -conforming use. No special
use permits, conditional use permits, variances or exceptions have been granted nor are needed to
use the Property for the current use thereof. The Property is not located in any special districts
such as historical districts.
3. Dimensional R uirements. The Property is in compliance with all dimensional
requirements of the Zoning Ordinance, including, but not limited to, minimum lot area,
maximum building height, maximum floor area ratio and setback or buffer requirements.
4. Parking Requirements. The Property is in compliance with all parking and
Ioading requirements, including the number of spaces (869 for this Property and the Roses parcel
based on a recently approved Minor Site Plan amendment originally dated January 18, 1994 [the
date of the last amendment to the plan], last revised May 28, 2004) and dimensional
requirements for the parking spaces.
5. Screening and Landscaping Re uirements. The Property is in compliance with all
screening and landscaping requirements.
6. Sign R uirements. The Property is in compliance with all sign requirements,
including height of signs, size of signage, signage setback requirements and any other signage
restrictions.
7. Access. Access to the Property is from a publicly dedicated and accepted right of
way and all driveways from the Property onto such right of way are in compliance with all
applicable driveway ordinances and regulations and all permits, if any, required in connection
therewith have been issued.
8. Certificate of Occupancy. Final, permanent and unconditional Certificates of
Occupancy were duly issued for the Property, a schedule of which is attached hereto as Exhibit
C.
9. No Violations. There are no existing violations with respect to the Property of the
Zoning Ordinance or any other applicable laws, ordinances, rules, regulations and codes,
including, but not limited to, building codes, fire codes, environmental codes and safety codes.
10. Subdivision Requirements. The Property is in compliance with all applicable
subdivision requirements, and any and all plats, permits and approvals necessary to subdivide the
Property from any tract or parcel of land adjacent thereto and now or heretofore owned in
common with the owner of the Property have been duly and properly filed, recorded and/or
issued. Neither conveyance of the Property by a mortgage instrument nor subsequent foreclosure
or deed in lieu thereof will cause the Property to violate any subdivision requirements.
Name: Amelia G. McCulley
Title: Zoning Administrator
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