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HomeMy WebLinkAboutZMA200200012 Action Letter ZMA 02--/2- . COUNTY OF ALBEMARLE Deparm,ent of Planning & Community Development 40 I McIntire Road. Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 . January 23, 2003 , Tom Shaw Charlottesville Piano 1724 Allied Street Charlottesville, VA 22902 RE: ZMA-2002-012 Charlottesville Piano; Tax Map 45, Parcel 163 Dear Mr. Shaw: The Albemarle County Board of SupervIsors, at its meeting on, January 8. 2003, unanimously approved the above-noted request. Please note that this approval is subject to the attached proffer. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. .. Sincerely, u. VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Matt Grimes. VDOT . ATTACHMENT C . Original Proffer X Amended Proffer (Amendment # ~ PROFFER FORM Date: 01/08/2003 ZMA # 2002-012 Tax Map and Parcel Number 45-163 .21 Acres to be rezoned from LI to C-l 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. 1. Only the following by-right use of area zoned C-l shall be permitted by right 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 December 17,2002, a copy of which is attached hereto: Section 22.2.1 nwnbers (a)7; (b)l; (b)3; (b)5; (b)12; (b)13; (b)17; (b)18; (b)19; (b)20; (b)23; (b)26. . 2. The applicant shall have the existing enttance onto Rio Road West [Route 631] closed, as shown on the concept plan for Tax Map 45 Parcel 163 prepared by Rivanna Engineering & Surveying, PLC dated 11/6/02, which is made a part of these proffers solely for the purpose of showing the locations of the existing entrances. The existing enttance ..... onto Rio Road West shall be improved to a standard approved by the Virginia Department of Transportation and the Albemarle County Engineering Department and shall be completed prior to the approval of a certificate of occupancy or zoning compliance clearance. JqAv) ? G~ ~:1-~ ~d NaIl}';S s.>f AJ¡:'f)w¡}ef"tJ ':') +-\V" ( +- L'" 0 \~~fc{ f "'--"rr l2... )_CZ- Date OR Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact -- s Sections: 22.1 22.2 22.2.1 22.2.2 22.3 A TT ACHMENT C CHAPTER 18 ZONING () SECTION 22 COMMERCIAL - C-I . ~-.... INTENT, WHERE PERMITTED PERMITIED USES BY RIGHT BY SPECIAL USE PERMIT ADDITIONAL REQUIREMENTS 22.1 INTENT, WHERE PERMITTED C-I districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service and public use establishments which are primarily oriented to central business concentrations. It is intended that C-I districts be established only within the urban area, communities and villages in the comprehensive plan. (Amended 9-9-92) 22.2 PERMITTED USES 22.2. 1 BY RIGHT "~ The following uses shall be permitted in any C-I 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, 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 following retail sales and service establishments: 1. .\ntiqu.e, gift, jeweky, aerieR aat! eraft saaps. 2. Clothi::Rg, aflparel aae! saoe she,ps. 3. Department stereo 4. Drug store, pharmacy. 5. FIerist. â. Food aad ;'fÐcery stares meluding slich sfJecialty shops as eakery, ~andy, milk dispensary aad wine aad ¡¡¡ReeSe sbops. Î. Furniture and home appliances (sales and service).' 8. Hard'l:ere stereo /., 9. Mœ;ieal Ï:Ðstr'1:HBe~. 9 4 ~~ __._ ,_ . a1 . ATTACHM£NT C la. Newsstands, magazmes, pipe"¡md tOÈJaeee shops. 11. Optical geeès. 12. Phetegrapbie gøeds. 13. Visœlaøå auåiø applianees. . ..A,'.. 14. Spertiag geeås. ~-~-... -~->:~. 15. Retail BUi'Series BÐ.å gneMS1:iSes. ., b. The following services and public establishments: 1. Administrative, professional offices. 2. Bar1:ler, åeaHty sheps. 3. Churches, cemetèries. 4. Clüès, ledges, ei'lÏe, fraternal, patriotic (refereaee 5.1.02). 5. Financial institutions. 6. Fi:re aaå reSC1:le squaà statioBS (reference 5.1.(9). '7. f\meral homes. &. Health spas. 9. lnåoor theaters. 10. Lawldries, dry cleaners. 11. La1:lRdremat (provided that an attendant sB.all be on duty at all åoW's d1:1:fing eperation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establisB.meBts. 15. Tailer, seamstress. 1 é. .^.1:ltoæeåile serl'ice stations (referenee 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. (Amended5-2-93) 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 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 11-1-9) /0 ATTACHMENT C 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). n , J 21. Medieal eeater. 22. .^.ütøæasi1e, tr1:Iek repair sheJl exeh:låiBg body shoJI. (.A.èdeå €i 3 g 1; .·\meadeè 9 9 92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 21. lBèeer adHeâe faeWties. (AElèeå 9 U 93) 25. F&rmeFS' market (referease 5.1.3€i). (Aàeleå 19 11 95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 22.2.2 BY SPECIAL USE PERMIT 1. Conunercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. iA t r r 1. .'. .// 5. Veterinary office and hospital (reference 5.1.11). 6. 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. 7. Hotels, motels and inns. 8. Motor vehicle sales and rental in conununities and the urban area as designated in the comprehensive plan. (Added 6-1-83) 9. Parking structures located wholly or partly above grade. (Added 11-7-4) 10. Drive-in windows serving or associated with pennitted uses. (Added 11-7-84; Amended 9-9-92) 11. Uses pennitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses pennitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89) 12. Body shop. (Added 9-9-92) 13. Animal shelter (reference 5.1.11). (Added 6-16-99). 22.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, conunercial districts, generally, shall apply within all C-1 districts. (Amended 3-17-82; 7-10-85) \~ , 11