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HomeMy WebLinkAboutZMA199800016 Action Letter n-'~ ..- . ----~-. --.-------- % COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 October 21, 1998 Cliff Hammer Downside East Limited Partnership Colonnade Associates POBox 7324 Charlottesville, V A 22906 RE: ZMA-98-16 Colonnade Center Tax Map 60, Parcel 40C(3) Dear Mr. Hammer: The Albemarle County Board of Supervisors, at its meeting on October 14, 1998, unanimously approved the above-noted request to rezone a 18,360 square foot parcel from R- 15, Residential to HC, Highway Commercial to locate a commercial/office building. Please note that this approval is subject to proffers as set out on the attached Proffer Form, signed by S. W. Heischman, Managing Partner, Colonnade Associates, LLC, dated October 14, 1998. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, (j.~" ~ei~ V. Wayne Ilimberg. ) Director 0 Planning ~nity Development VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse 1 . . . Onglnal Proffer _ Amended Proffer (Amendment #_) PROFFER FORM Date: 09/16/98 ZMA # 98-16 . Tax Map Parcel(s) # 60-40C3 .42 Acres to be rezoned from R-15 to HC 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 requested. 1. Permitted uses of the property shall include only those uses allowed in Section 24.2.1 of the Albemarle County Zoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto. except the following: 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations 4. Building material sales. 7. Convenience Store (except as provided in Proffer 3). 23. Mobile home and trailer sales and service. 25. Motor vehicle sales, service and rental. 26. New automotive parts sales. 32. Sale of major recreational equipment and vehicles 34. Wholesale distribution. 38. Indoor Theaters. 39. Heating oil sales and distribution. 40. Temporary non-residential mobile homes. 43. Fanners Market. 2. Special uses of the property shall include only those uses allowed in Section 24.2.2 of the Albemarle County Zoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto. except the following 5. Drive-in theaters. 9. Auction houses. 3. Permitted uses of the property that may be used only if such use or uses allowed in Section 24.2.1 of the Albemarle County Zoning Ordinance in effect on September 21, 1998, a copy of the section being attached hereto, occupy no more than 50% of the building area are: 7. Convenience stores. 21. Light Warehousing. 22. Machinery and equipment sales, service and rental. 4. Applicant will build a fence between the subject property and the property o[St. Anne's Belfield school at such a time that a building is located on the subject property and it is in use. CÖ\l)NNC."ÖI;L J.\~<;ùCp.~~ L·L.(· c..ùlt,)k.lf\.)~J)Q. p.,<;~CC~p.~~ L.L.L. Sign~~res of AU Owners Printed Names of AU Owners J~~~_ S. W. \-\~-\Sc."'MAN MAN!\~\~~ ()~(1.+N~Î ( ü- (~- 't '¿ Date Sections: 24.1 24.2 24.2.1 24.2.2 24.3 24.4 ALBEMARLE COUNTY CODE CHAPTER 18 ~ ZONING SECTION 24 IiIGHW A Y COMMERCIAL - HC INTENT, WHERE PERMITIED PERMI1ïED USES BY RIGHT BY SPECIAL USE PERMIT MINIMUM FRONTAGE, SHAPE OF DISTRICT ADDITIONAL REQUIREMENTS 24.1 INTENT, WHERE PERMITI'ED HC districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of commerCial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is intended that HC districts be established on major highways within the urban area and communities in the comprehensive plan. It is further intended that this district shall be for the purpose of limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets. ., 24.2 PERMITTED USES 24.2.1 BY RIGHT The following uses shall be permitted in any HC 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. 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations (reference 5.120). 4. Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). ~ 7. Convenience stores. 18-24-1 ALBE~RLECOUNTYCODE 8. Educational, technical and trade schools. . 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). II. 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. .1 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. 3 1. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. . 33. Wayside stands - vegetables and agricultural produce (reference 5.1.19). 34. Wholesale disttibution. 18-24-2 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) f) 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 31.2.5); public water and sewer transmission, main or trunk lines, treattnent 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 pennitted by right pursuant to subsection 22.2.1 of section 22.1, commercial. C-1. (Added 6-19-91; Amended 9-9-92) 42. Indoor athletic facilities. (Added 9-15-93) 43. Fanners' market (reference 5.1.36). (Added 10-11-95) ~. 24.2.2 BY SPECIAL USE PERMIT 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 5.1.11). 5. Drive-in theaters (reference 5.1.08). 6. 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, substatio.ns and appurtenances (reference 5.1.12). 7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).' 8. Contractors' office and equipment storage yard. 9. Auction houses. ~ ," 18-24-3