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Home My WebLink AboutZMA199600004 Action Letter V " , _. ~MA qro -01- COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902·4596 (804) 296-5823 July 25, 1996 Donald J. Wagner P. o. Box 5526 Charlottesville, V A 22905 RE: ZMA-96-04 Encore Investments Limited Partnership Tax Map 61, Parcels 124A, 124B and 124C Dear Mr. Wagner: The Albemarle County Board of Supervisors, at its meeting on July 17, 1996, approved the above-noted request to rezone approximately 11 acres from CO and R-l 0 to PD-MC. Please note that this approval is subject to the attached proffers. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, -... VWC/jcf cc: Ella Carey Amelia McCulley Jo Higgins . ~ . . Original Proffer _ Amended Proffer ~ (Amendment #_) PROFFER FORM Date: 6/1 t9 (96 ZMA # 9t" -/,P <( Tax Map Parcel( s) # C. [- { J- <{A) {J- 'l q I ')J{L 7 g' '( Acres to be rezoned from I? -I Ð to f 1; - /U.-- L- :s .... ?-'1 c..(""t '1. -t. .......£. LC? -be P J) - ,M. c.. 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 ) S' ~ p' (( (3 V ,:?It.-I" ¿::- III . , ~ GC4/lE':fueJe-5T&I/.J J,T.:l> flA1LiÞ'e1lf&-e(¡!J Signatures of All Owners Printed Names of All Owners Date fJ( ~ ~~~/ ~d G fJ Y ~ær:?1rT Æi4:rré1t-'. 0t(¡I-t(C:z, CÎ~ jJ~ . G~,uevc-+'- ¡'J,ftt.{µC:1L fy S&,~e{;/ L~c~é'~ 11 ÍÀ?(1/A'-~ :r (AJ4-c.~ë7L {;(¡(J/~6 r¡lc;~ OR' PILv"=:rr p ~ . . Signature of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Name of Attorney-in-Fact PROFFORM.WPD Rev. December 1994 .. ..... . . - . . ., Original Proffer Amended Proffer - (Amendment # ) . --- "--------- --- .------------ .---.---.--------.- ----"- --.-.. .----.. -------_._--------- PROFFER FORM Date: 7/10/96 ZMA# 96-04 Tax Map Parcel(s) # 61-124A, 124B, 124C 7.84 Acres to be rezoned from R-10 to PO-HC 3.24 II II " II II CO. II PD-HC Pursuant to Sèction 33.3 of the Albemarle County Zoning 'Ordinance, 'the owner, or its duly authorized agen~ hereby voluntarily pròffers the condi~ions 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 ) SEE REVERSE --. -. ... . I Encore Investors Ltd. Partnership Slanatures of All Owners Printed Names of All Owners By: Great Eastern Management co.\ General Pa tner Date 7;({ /<}{; Signature of Attorney-in-Fact (Attach Proper Power of Allorney) Printed Name of Attorney-in-Fact I'ROf'FORM.WPO () \ 1. Only the following uses sha11 be permitted as a matter of right: a. All uses permitted under Section 23 .2.1 of the Albemarle County Zoning Ordinance as it c:xists on June 10, 1996, a copy of which is attached. b. Office and business machine sales and services, as permitted under Section 24.2.1.29 of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, a copy of which is attached. Co Barber and beauty shops, as permitted under Section 22.2.l.b.2, and health spas, as permitted under Section 22.2.l.b.8, of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, a copy of which is attached hereto. " , 2. Except as expressly permitted as a matter of right pursuant to Proffer 1, all uses otherwise permitted as a matter of right in Sections 22.2.1 and 24.2.1, as well as those Uses permitted only by special use pennit in Sections 22.2.2, 23.2.2 and 24.2.2, of the Albemarle County Zoning Ordinance as it exists on June 10, 1996, copies of which are attached hereto, shall be permitted only by special use pcmút. J . -- - ---------- 22.0 22.1 22.2 22.2.1 -. . '. .. . ----- --- -- --- - ------- cœtŒRCIAL C-1 INTENT, WHERE PERMITrED C-1 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-1 districts be estab- lished only within the urban area, communities and villages in the comprehensive plan. (Amended 9-9-92) PERMITTED USES 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. operational character- istics. visual impact and traffic generation. Appeals f~om the zoning administrator's decision shall be as generally provided iI\ section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. '") Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocer... slores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and ho~~ appliances (sales and service). 8. Hardware store. g. Musical lnstrumcnt~. 10. Newsstands. m8ga:lnes. pipe and tobacco shops. 11. Optical goods. l~. Photographic goods. -145- (Supp. #68, 9-9-92) ,) ------ ------- ---"--- -.. - ------- 23.0 CQ4HDCIAL On"Iex - CO 23.1 INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of administrative, business and professional offices and supporting accessory uses and facilities. This district is intended as a transition between resi- dential 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: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 4. Churches, cemeteries. .... ! 3. Financial institutions. 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 an the site. The fallowing accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for th~ sale of office supplies and service of office equipcent; -Data proces51n~ serVlce~; -Central reproôuctlo~ anJ m4111n~ services and the like; -Ethical phart:\oic It!S. l.¡tM.lr.1tor lCS and estabishments for the production, I lttln~ ..nJ/or s..ie of optical or prosthetic appli- ances on sites conl~lnlng cedlcal, dental or optical offices; -(Repealed )-1;-82) ~ -Sa1e/servic~ a! ~ood~ associated with the principal use such as, but not l1mllt!d to: musclal instruments, musical scores, text- books, artlst'~ sup~llcs and dancing shoes and apparel. (Added 12-)-86) , 0 _ lSuoo. #68. 9-9-91) ~.o 24.1 24.2 24.2.1 -- . "\ HIGHWAY COMMERCIAL - HC INTENT, WHERE PERMITTED 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. PERMITTED USES 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, t=uck repair shops. 3. Automobile ~er~lce stations (reference 5.1.20). 4. Buildlng materlals sales. 5. Churches. ce~c~erles. 6. Clubs. :odgcs. C~V1C. ~raternal, patriotic (reference 5.1.::)· 7. Convenlencc s~~rcs. 8. EducatlOna~. tCChnlcal and trade schools. 9. Factory ou~:c~ sales - clothing and fabric. 10. Feed anc seeè stores (reference 5.1.22). -150- ----~---- - -" 11. Financial institutions. ~ 12. Fire extinguisher and security products, sales and -- -----..serviae. ------ 13. Fire and rescue squad stations (reference 5.1.9). 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, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6-3-81) 20. Hotels, motels and.inns. 21. Light warehousing. ~.: "7) 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 pub~ishing. 2B. Adminlstrative, bUSlness and professional offices. 29. Office and bUSlncss machines sales and service. 30. Eating estab:~s~ent; fast food restaurants. 31. Retail nurser~c~ and greenhouses. 32. Sale of maJor recreational equipment and vehicles. 33. wayside stan~s - vegetables and agricultural produce (reference 5.:.19). ~ 34. Wholesale dlstribution. -151- (Supp. M3, 6-3-81)