HomeMy WebLinkAboutZMA200300011 Action Letter
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COUNTY OF ALBEMARLE
Department of Community Development
Planning
40 I McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
April 21 ,2004
Gordon Giuliano
3054-A Berkmar Drive
Charlottesville, VA 22901
RE: ZMA-03-11 Rio East Commercial Area and SP-03-58 Rio East Commercial Park (Veterinary Hospital);
Tax Map 61, Parcels 124A and 1248 part of
Dear Mr. Giuliano:
The Albemarle County Board of Supervisors, at its meeting on April 14, 2004, by a vote of 6:0, took the following
actions regarding the above-noted petitions:
. ZMA-03-11 Rio East Commercial Area - Approved subject to the attached proffers dated 3/25/04 and
signed by D. J. Wagner, Tr.
. SP-03-58 Rio East Commercial Park (Veterinary Hospital - Approved subject to the following conditions:
1. A site plan shall be submitted for approval that shall be in general accord with the sketch plan prepared
by Keeney & Co, Architects dated 3/12/04;
2, Any enlargement or expansion of the veterinary office and hospital use will require an amendment to
this Special Use Permit (SP-2003-058);
3, No overnight boarding use other than for those animals under medical care shall take place at the
veterinary hospital; and
4. Granted a waiver of Section 5.1.11 (b) of the Zoning Ordinance requires that a soundproofed building
shall be located no closer than two hundred (200) feet to any agricultural or residential lot line.
In the event that the use, structure or activity for which this special use permit is issued shall not be commenced
within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate, For purposes of this section, the term "commenced" shall
be construed to include the commencement of construction of any structure necessary to the use of such permit
within two (2) years from the date of the issuance.
Before beginning this use, you must obtain a zoning clearance from fhe Zoning Department. Before the Zoning
Department will issue a clearance, you must comply with the conditions in this letter. For further information, please
call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact
me,
Sincerely,
Jack Kelsey
Steve Allshouse
Cc:
Original Proffer CJ
Amended Proffer I V I
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(Amendment # 1.00 )
PROFFER FORM
Date: 04/14/2004
ZMA # 2003-011
Tax Map and Parcel Number(s) 61-124A and 61-124B
5.608
Acres to be rezoned from PDMC
to PDMC
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the
conditions· listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the
rezoning request.
The original proffers of ZMA 1996-004 still apply to all of the remaining parcels within the PD-MC, Planned Development Mixed
Commercial zoning district. For the lands subject to this zoning map amendment, the original proffers are amended to state as follows:
1. Use of the property designated as the Restricted Area on the Sketch Plan hereto (hereinafter the "Restricted Area") shall include only:
a. All uses permitted under Section 23.2.1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted by right.
b. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14,2004, a copy of which is
_.' shall be permitted only by special use permit.
2. Use of the property outside the Restricted Area shall include only:
a. All uses permitted under Section 23.2,1 of the Albemarle County Zoning Ordinance as it exists on April 14, 2004, a copy of which is
attached, shall be permitted by right.
b, Barber and beauty shops as permitted under Section 22.2.I.b2 and office and business machine sales and service as permitted under
Section 24.2.1.29 of the Albemarle County Zoning Ordinance as those sections exist on April 14, 2004, copies of which are attached, shall
be permitted by right provided such uses, when combined with those permitted under Section 23.2.1.6 of the Albemarle County Zoning
Ordinance as it exists on April 14, 2004, a copy of which is attached, do not occupy more than twenty (20) percent of the t100r area of
buildings on the site. '.
c. Uses permitted under Section 23.2.2 of the Albemarle County Zoning Ordinance as it exists on April 14,2004, a copy of which is
attached, shall be permitted only by special use permit.
d. Uses permitted under Section 24.2.2.4 of the Albemarle County Zoning Ordina!,1ce (Veterinary office and hospital) as it exists on April
14, 2004, a copy of which is attached, shall be permitted only by special use permit.
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Signature of Attomey-in-Fact Printed Name of Attomey-in-Fact
(Attach Proper Pow~r of Attorney)
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CHAPTER 18
ZONING
SECTION 23
COMMERCIAL OFFICE - CO
Sections:
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
23.1 INTENT, WHERE PERMITTED
23.1
23.2
23.2.1
23.2.2
23.3
CO districts are hereby created and may hereafter be established by amendment to the zoning map
to penn it development of administrative, business and professional offices and supporting
accessory uses and facilities. This district is intended as a transition between residential districts
and other more intensive commercial and industrial districts.
23.2 PERMITTED USES
23.2.1 BY RIGHT
The following uses shall be permitted in any CO district, subject to the requirements and
limitations of these regulations:
I. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. Such uses in
combination shall not occupy more that twenty (20) percent of the floor area of buildings on
the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the 1í..1.;.e;
18-23-1
Zoning Supplement #25,2-5-03
ALBEMARLE COUNTY CODE
8. Educational, technical and trade schools. "
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9. Factory outlet sales - clothing and fabric,
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service,
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16, Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, extenninators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
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21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30, Eating establishment; fast food restaurants.
31, Retail nurseries :lnd ¿reenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution,
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ALBEMARLE COUNTY CODE
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 3 I .2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses (reference 5.1.18).
38. Indoor theaters;
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-l.
(Added 6-19-91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.36). (Added 10-11-95)
44. Stormwater management facilities shown on an approved fmal site plan or subdivision plat.
(Added 10-9-02)
24.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1. II).
5. Drive-in theaters (reference 5.1.08).
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stmians and appurtenances; unmanned œlephone exchange centers, micro-
wave and radio-wave transmission and relay towers, substations and appurtenances (reference
5.1.12).
7, Hospitals, nursing homes. convalescent rlO!';es Crefererce 5.1.13).
8. Contractors' office and equipment storage yard.
18-24-3
Zoning Supplement #25, 2-5-03
ALBEMARLE COUNTY CODE
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9. Auction houses.
10. Unless such uses are otherwise provided in this section, uses pennitted in section 18.0,
residential _ R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
12, Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-
92)
14. Uses pennitted 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. (Added
6-14-89)
15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
16. Animal shelter (reference 5.1.11). (Added 6-16-99)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
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24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
18-24-4
Zoning Supplement #25, 2-5-03