HomeMy WebLinkAboutZMA199500023 Action Letter
ZMA '1S-;2-3
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville, Virginia 22902·4596
(804) 296·5823
May 17, 1996
Steve Melton
195 Riverbend Drive
Charlottesville, VA 22911
RE: ZMA-95-23 Berkmar Land Trust & First Interstate
Tax Map 45, Parcels 108,91 (pt) and 93Al
Dear Mr. Melton:
The Albemarle County Board of Supervisors, at its meeting on May 8, 1996, approved the
above-noted request to rezone approximately 3.6 acres from R-6 to C-l. Please note that this
approval is subject to proffe~s dated 4/17/96 signed by Charles W. Hurt and Stephen M. Melton,
Agent (copy attached).
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
() . &'
v. Wayne ilimberg ~
Director of Planning ~ Development
VWC/jcf
cc: Amelia McCulley
Jo Higgins
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. Original Proffer
Amended Proffer-
-
(Amendment # )
PROFFER FORM
Date: 3-8-96.
ZMA# 95-23
Tax Map Parcel(s) # 45 - 108, 93A1, 91 (part)
_3. L Acres to be rezoned from
R-6
to
C-1
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 shalf
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 condilions have a reasonable relation to the rezoning
requested.
r.
Permitted uses of the property, and/or uses authorized by special use
permit, shall include only those uses allowed in section 22 of the
Albemarle County Zoning Ordinance in effect on May 8, 1996, a copy of
the sections being attached hereto, except the following:
Section 22.2.1
Section 22.2.1
Section 22.2.1
Section 22.2.1
Item II 3:
Item 1110:
Item 1116:
Item 1122:
Department Stores
Newsstands, magazines, pipe and tobacco shops
Automobile service stations
Automobile, truck repair shop including body shop
Hurt. Contract Purchaser
4hì (9(...
Datè
'tlo(çç-
'1(17 /7~
Charles W. Hurt, Trustee
Printed Names of AJI Owners
Melton. Agent
OR
C.¡gnsture of Attomey-in.Fsct
(Attach Proper P~er of Attorney)
Prinled Name of Attorney-in-Fact
ÞROFFORM.WPO
Rev. Cecamb., 1Qi34
22.0
22.1
22.2
22.2.1
COHKKRCIAL - C-l
INTENT, WHERE PERMITTED
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-1 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 from the zoning
administrator's decision shall be as generally provided in section
34.0.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as
bakery, candy, milk dispensary and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
-145-
(Supp. #68, 9-9-92)
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (reference
5.1.2) .
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.9).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty
at all hours during operation) .
12. Libraries, museums.
13. . Nurseries, day care centers (reference 5.1.6).
14. Eating establishments.
15. Tailor, seamstress.
,16. Automobile service stations (reference 5.1.20).
17. Electric, gas, oil and communication facilities ex-
cluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for
distribution of local service and, owned and op~rated by
a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service
Authority. (Amended 5-12-93)
-146~
(Supp. #72, 5-12-93)
22.2.2
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 trans-
mission, 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. ?w71lings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added
6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added
3-5-6)
24.
Indoor athletic facilities.
(Added 9-15-93)
25.
Farmers' market (reference 5.1.36).
(Added 10-11-95)
BY SPECIAL USE PERMIT
1. Commercial 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.
5. Veterinary office and hospital (referenc~ 5.1.11).
6. Unless such uses are otherwise provided in this section, uses
permitted 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 communities 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)
-147-
(Supp. #80, 10-11-95)
10. Drive-in' windows serving or associated with permitted uses.
(Added 11-7-84; Amended 9-9-92)
11. Uses permitted 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)
12. Body shop. (Added 9-9-92)
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of
section 21.0, commercial districts, generally, shall apply within all
C-l districts. (Amended 3-17-82; 7-10-85)
-147.1-
(Supp. #68, 9-9-92)