HomeMy WebLinkAboutZMA198400032 Action Letter
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DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT
401 Mcintire Road
Charlottesv!lle, VA 22901-4596
804 296-5823
February 22, 1985
Mr. Frank Hereford
P. O. Box 7905
Charlottesville, VA 22906
RE: ZMA-84-32 Frank Hereford
4Ifear Mr. Hereford:
The Albemarle County Board of Supervisors, at its meeting on February
20, 1985, unanimously approved the above-noted request to rezone 4.34
acres from C-l, Commercial, to HC, Highway Commercial. Property,
described as Tax Map 61W, Section 01, Parcel A5, is located on Greenbrier
Drive between Flowers Bakery and El Paso Rib Company; Charlottesville
Magisterial District. This request was approved with proffer as verbally
amended by Joseph W. Richmond, attorney for the applicant, dated
February 15, 1985 and amended at the February 20, 1985 Board meeting
to limit the uses of the property to th& following specific uses
under HC, Highway Commercial:
"24.2.1.4
24.2.1.9
24.2.2.12
24.2.1.15
24.2.1.17
24.2.1.18
24.1.2.21
24.1.2.22
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24.2.1.26
24.2.1.28
24.2.1.29
24.2.1.34
Building materials sales (indoor storage only) .
Factory outlet sales - clothing and fabric.
Fire extinguisher and security products, sales and serVlces.
Furniture stores.
Home and business services such as grounds care, cleaning,
exterminators, landscaping and other repair and maintenance
services.
Hardware.
Light warehousing.
Machinery and equipment sales, service and rental (no
on-site storage of large ,vehicles or equipment such as
trucks, earthmoving equipment).
New automotive parts sales.
Administrative, business and professional offices.
Office and business machines sales and services.
Wholesale distribution. 11
r'" Frank Hereford
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Should you have any questions regarding this action, please do not
hesitate to contact me.
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RICHMOND AND FISHBURNE
ATTORNEYS AT LAW
JOSEPH w. RICHMOND
JuNIUS R. FISHBURNE
JOSEPH w. RICHMOND, JR.
WENDALL L. WINN, JR.
MATTHEW B. MURRAY
o COURT SQUARE
p. O. BOX 559
CHARLOTTESVILLE, YIRGINIA22902-0559
February 15, 1985
TELEPHONE
(804) 977· 8590
COUNTY OF '-c~_
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Mr. Gerald E. Fisher, Chairma~
Albemarle Cou~ty Board of Supervisors
Albemarle County Office Building
McIntire Eoacl
Charlottesville, Virginia 22901
Dear Hr. Fisher:
We are the attorneys for Frank Lane Hereford who has
submitted a request for rezoning a parcel of 4.34 acres on the
northeast side of Greenbrier Drive. The request is scheduled to
be heard by the Board of Supervisors next Wednesday, February 20.
The application of Mr. Hereford's contains a letter of
proffer dated January 22, 1985. The letter of proffer deletes
certain uses from those permitted under HC zoning. At the hearing
of the application before the Planning Commission last night,
February 14, a motion was passed to recommend denial of the
request. During the hearing concern was expressed over the
available uses by right which would be permitted even with the
proffer.
The proffer by Mr. Hereford was a bit unusual in that it
proffered not to engage in certain uses rather than proffering to
limit the use of the property to specific purposes. The concern
of the Plannir.g Commission in understandable.
The purpose of this letter is to offer a proffer for specific
uses. Before listing those uses, I will try to explain what Mr.
Hereford intends to do with the pr0perty if rezoned froM C1 to HC.
Mr. Hereford believes that there is a substantial market for
an office/warehouse complex for small businesses. He plans to
build R structure which would allow businesses to lease an area,
and to use a portion of the space for dealing with the public and
the balance for storage, distribution and warehousing. Examples
of the types of businesses might be computer sales and services,
small appliances sales, electronic distributors, etc. The
difficulty in determininq the exact proffer lies in the non-
avai12bility of a particular category for the intended use under
HC zoning. It seems that the closest might be Section 24.2.1(21)
providing for light warehousing, but in ~y opinion, that would not
alloy] for any sales. With that in mind, the following is a list
which Mr. Hereford feels would cover the uses of his proposed
complex.
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RICHMOND AND FISHBURNE
Mr. Gerald E. Fisher, ChairmGn
February 15, 1985
Page Tvw
\J
_ClX.Lh 7
24.2.1(4)
24./..1(9)
24.2.1(10)
24.2.1(12)
24.2.1(15)
24.2.1(17)
--~-----'-~
24.2.1(18)
24.2.1(21)
24.2.1(22)
24.2.1(26)
24.2.1(28)
24.2.1(29)
24.2.1(34)
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Building materials sales. (v>~-c.. <~""'P ~ \
FRctory outlet sRles - c1othi~g and fagric.
Feed and seed stores (reference 5.1.22).
Fire extinguisher ar.d security products, sales and
services.
Furniture stores.
Home and business services suerl as grounds care,
cleaning, extermir.ators, landscaping and other
repair and maintenance services.
Hardware.
Light warehousing
Machinery and equipment sales, service and rental.
New automotive parts sales.
Administrative, business and professional offices.
Office and business machines sales and services.
Wholesale distribution.
Mr. Hereford and the plannir.g staff believe that the intended
use is compatible with the adjacent area. We hope that this new
proffer will alleviate the concerns which have been expressed.
For your information, the property to the immediate northwest
was rezoned to HC recently nnd is being used by Flowers Baking
Compa~y. Finally, Mr. Hereford has contacted all surrounding
property owners or occupants and has confirmed that there is no
objection to his proposed use of the property.
I enclose copies of this letter with the request they be
distributed to other members of the Board prior to Wednesday's
hearing.
Very truly yours,
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,Joseph W. Richmond; Jr.
R,Jr/ae
cc: Mr. Michael E. Tompkins
Zoning Administrator
Mr. Ronald Keeler
Albemarle County Planning Department
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