HomeMy WebLinkAboutZMA200300001 Action Letter
COUNTY OF ALBEMARLE
Departmellt of Planning & Community Development
401 McIntire Road, Room 218
Charlottesvtlle, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
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July 17, 2003
James Myers
923 Gardens Blvd
Charlottesville, VA 22901
RE: ZMA-2003-001 Four Seasons ACAC Amendment (Sign #63, 64, 65)
Tax Map 61 X2, Parcels 4A, 48 and 40
Dear Mr. Myers:
The Albemarle County Board of Supervisors, at its meeting on July 9,2003, by a vote of 6:0, approved
the above-noted request. Please note that this approval is subject to proffers signed by Philip G. Wendel,
President and signed on May 25,2003, dated July 9,2003 (copy attached).
If you should have any questions or comments regarding the above-noted action, please do not hesitate to
contact me.
Sincerely,
...---..... ' ~-
i t"\ /-.t' . .
!.cJa,o/l.2bt, .
David B. Benish
Chief of Planning & Community Development
DBB/jet
Cc: Amelia McCulley
Jack Kelsey
T ex Weaver
Steve Allshouse
Matt Grimes, VDOT
Original Proffer 98-04
Amended Proffer
(Amendment # 1)
PROFFER FORM
Date: July 9, 2003
ZMA 2003-001
Tax Map and Parcel Number(s): 061X1-00-00-004AO. 061XI-00-00-004BO. and 061XI-00-00-
004DO
7.979 Acres to be rezoned from PUD Commercial/Service to PUD Commercial/Service
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agen4 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.
1. Within this commercial/service area, only the following uses shall be permitted by right:
a) Pursuant to subsection 22.2.1 of Section 22.2, C-l Commercial zoning district, of the
Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth
below: Section 22.2.1 numbers (b)l; (b)8; (b)12; (b)13; (b)17; (b)18: (b)19; (b)24; and~
(b )26;
b) Pursuant to subsection 23.2.1 of Section 23.2, C-O Commercial zoning district, of the
Albemarle County Zoning Ordinance. as those regulations exist on July 9. 2003. as set fonh
below: Section 23.2.1 numbers 1; 2; 5; 7; 8; 9; 12; and. 13.
2. Where permitted uses under the Zoning Ordinance have been further modified, such
modifications are indicated in italics and bold font. Uses which are not permitted have been
indicated by strikethrough.
22.2. 1 BY RIGHT
The following uses shall be permitted in any C-l 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.
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operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.0.
a. The felle.~viBg retail sales aad serdee estaelishmeats:
1. ~'\Btit.i.tie, gift, j ev.~elry, aetieB afl6 eraft seeps.
2. Clethiag, apparel aRB sitae skeps.
3. Dep8f"hUeBt stereo
4 . Dmg stere, paarmaey.
5. Flerist.
6. Feea aHa graeerY stares iBeltiaiBg stieh speeialty shaf's as bakery, eaHay, milk
dispeasary aaa v/iBe aHa eheese seat's.
7. fW'Ritafe and Reme appliaHees (sales and service).
8. Hard\vare store.
9. ~tl:lsical instrumeRts.
10. ~Ne.Nsstaflds, magazines, pipe and tobacco shops.
11. Optieal goads.
12. Photographic goods.
13. Visual and aHdio appliances.
1/1. Sporting goods.
15. Retail nlli'series and greenhouses.
b. The following services and public establishments:
1. Administrative, professional offices-The primary business of any office llse shall
be either recreation or education.
2. Barber, eetIDty shops.
3. Churches, cemeteries.
4. Clubs, lodges, eiyie, fraternal. patriotic (reference S .1.02).
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5. Fiaaneial iastitutieas.
e. Fire Ellul reseae SElaa6 statieas (refereftee 5.1.(9).
7. F1:Ifteral hemes.
8. Health spas.
9. IBseer tBeatefS.
1 Q. La1:lftaries, dry eleaaers.
11. LaWlQremat (pre"/ided that an atteBdaflt shall be eft duty at all heW's daring
of3efatien) .
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
11. Eating establishments.
15. T ail0r, seamstress.
16. ~\\:ltomobile service statiofls (reference 5.1.20).
17. 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. (~~ended 5-2-93).
18. 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 31.2.5); public \vater 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-
1-9)
19. Temporary construction uses (reference 5.1.1).
20. D\vellings (reference 5.1.21 ).
21. ~Aedical center.
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22. .'\1:itemebile, truek ref)air shep exeludiag boay shop. U\dded e 3 g 1; .^..mended 9 9
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23. Te~ef8fY aaftfesiaefttial maeile names (refefeaee 5.8). (.'\dded 3 5 6)
24. Indoor athletic facilities. (Added 9-15-93)
25. FarmefS' market (refefeaee 5.1.3(;). (.f.aaea 1(;) 11 95)
26. Stonnwater management facilities shown on an approved fmal site plan or
subdivision plat. (Added 10-9-02)
23.2.1 BY RIGHT
The following uses shall be permitted in any CO district, subject to the requirements and
limitations of these regulations:
1. Administrative and business offices- The primary business of any office use shall be
either recreation or education.
2. Professional offices, ineludiag medical, deatal and optical. -The primary business of
any office use shall be either recreation or education.
3. FiFumeial iHstitutioRs.
It. Ch1:lrches, cemeteries.
5. Libraries, museums.
6. .^..ccessor:' uses and structures incidental to the principal uses provided herein. Such uses
in combination shall not occupy more that t\venty (20) percent of the floor area of
buildings on the site. The follo\\'ing J.ccessory uses shall be permitted:
Eating establishments;
l' J e\vsstands;
Establishments for the sale of office supplies and service of office zquipment:
Data processing services;
Central reproduction and mailing services and the like:
Ethical pharmacies, laboratories and zstabishments for the production. titting and/or sale
of optical or prosthetic appliances OR sites containin; medical. dental or optical offices~
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(Repealea 3 17 82)
Sale/serviee ef gooas asseeiated w.~lith. the priBeipal l;lse sueh. as, em Bet limited te:
mwieal in5mm:leats, mtlSieal seales, text beeks, artist's supplies ana a8ftemg shoes and
apparel.
(Aases 12 3 86)
7. 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)
8. 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 31.2.5); 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)
9. Temporary construction uses (reference 5.1.18).
10. Ow.vellings (reference 5.1.21). (.\dded 3 17 82)
11. Temporary nonresidential mobile homes (reference 5.8). (.\dded 3 5 86)
12. Day care. child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision
plat. (Added 10-9-01)
Four Seasons ofYirginia LLC:
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