HomeMy WebLinkAboutZMA200400012 Action Letter
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
October 25,2005
Katurah Roel!
PO Box 8147
Charlottesville, VA 22906
RE: ZMA 2004-012 Luxor Commercial (Sign #24) &
SP-2004-00038 Luxor Commercial-Drive-In Wiudow-Bank (Sign # 24) &
SP-2005-002 Luxor Commercial Veterinary Office (Sign #27)
Tax Map 78, Parcel 55A4
Dear Mr. Roell:
The Board of Supervisors approved your rezoning application on October 12,2005. Your request to
rezone3.523 acres (portion of Tax Map 78, Parcel 55A4) from R-6 (Residential) and R-15 (Residential) to
PDMC (Planned District Mixed Commercial) and to rezone 1.377 acres (Tax Map 78, Parcel 55D) from
C-l (Commercial) to PDMC was approved in accordance with the attached proffers dated October 12,
2005. An application plan dated October 13,2004 was approved as part of the rezoning. Please refer to
these documents for any future applications and requests on this property.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
. compliance with applicable PROFFERS;
. compliance with the APPLICATION PLAN;
. compliance with conditions of the SPECIAL USE PERMITS;
. approval of and compliance with a SITE PLAN; and
. approval of a ZONING COMPLIANCE CLEARANCE.
Additionally, the Albemarle County Board of Supervisors took action on two related Special Use Permit
Applications.
Regarding SP-2004-038:
The Board unanimously approved SP-2004-038 to allow a drive-in window for a bank on Tax Map 78,
Parcel 55A4 in the Rivanna Magisterial District in conjunction with the ZMA 2004-012 application plan
dated October 13, 2004 with the following conditions:
1. Drive-through windows will be limited to three (3), including one to be llsed for an ATM;
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2. Architectural Review Board issuance of a Certificate of Appropriateness; and
3. Applicant is responsible for installation and maintenance of control devices such as signage, and
pavement markings as indicated on the application plan. The crosswalk just beyond the drive-up
window bays for the bank shall be identified with crosswalk signage on either side of the drive
aisle.
Regarding SP-2005-002:
The Board unanimously approved SP-2005-002 to allow for a veterinary office on Tax Map 78, Parcel
55D in the Rivanna Magisterial District in conjunction with the ZMA 2004-012 application plan dated
October 13, 2004 with the following conditions:
1. A separate entrance and exit shall be provided for the clinic in accordance with Section 5.1.11 d;
2. No outdoor exercise area shall be permitted;
3. A note shall be added to the plan to identify the two (2) trees that are to be bonded;
4. The veterinary clinic be identified as located in building 4; and
5. Architectural Review Board issuance of a Certificate of Appropriateness.
Please be advised that although the Albemarle County Board of Supervisors took action on the
project noted above, no uses on the property as approved above may lawfully begin until all
applicable approvals have been received and conditions have been met. This includes:
. compliance with conditions of the SPECIAL USE PERMITS;
. approval of and compliance with a SITE PLAN; and
. approval of a ZONING COMPLIANCE CLEARANCE.
In the event that the use, structure or activity for which this special use permit is issued is not commenced
within twenty-four (24) months from the date of Board approval, it shall be deemed abandoned and the
permit terminated. The term "commenced" means "construction of any structure necessary to the use of
the permit."
rfyou have questions or comments regarding the above-noted action, please do not hesitate to contact
Keith Lancaster at 296-5832.
Sincerely,
{J~~
Director of Planning
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Cc: Amelia McCulley
Tex Weaver ^
Chuck Proctor
Steve Allshouse
Keith Lancaster
Sarah Baldwin
Bruce Woodzell (Real Estate)
Original Proffer _X_
Amended Proffer
(Amendment # )
PROFFER FORM
Date: 10/12/05
ZMA # 2004-0012
Tax Map and Parcel Number(s)
TMP 78-55A4 and TMP 78-55D
4.9
Acres to be rezoned from R-15. R-6, & C-1
to
PD-MC
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. The location of the structures relative to the exterior public streets, ingress and egress points,
and sidewalks to the exterior public streets, ingress and egress points, and sidewalks shown
on the application plan may not be varied under Albemarle County Code 9 18-8.5.5.3, in
effect on October 12,2005, a copy of which is attached hereto as Exhibit A, from that as
shown on the plan produced by Rivanna Engineering, dated October 13,2004, last revised
July 27,2005, entitled "Application Plan for Luxor Commercial Center", herein referred to
as the "Application Plan".
2. Permitted uses of the property, and/or uses authorized by special use permit, shall include
only those uses allowed in Albemarle County Code 9 18-22 in effect on October 12, 2005, a
copy of the section being attached hereto as Exhibit B, except the following:
a. The following retail sales and service establishments:
3. Department store.
15. Retail nurseries and greenhouses.
b. The following services and public establishments:
3. Cemeteries.
9. Indoor theaters.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
16. Automobile service stations (reference 5.1.20).
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
3. No building permit shall be issued unless and until the Director of Planning, or his assigns,
determines that those building facades that are not governed by a certificate of
appropriateness issued by the Albemarle County Architectural Review Board are in general
accord with the "Perspective View from Route 250 Looking NW," prepared by Bob
Anderson and dated January 19, 2005, which is attached hereto as Exhibit C. The facades
shall be determined to be in general accord if the form, massing, character and detailing
conform in all material respects to the building elevations. The exterior colors of the
buildings shall be earth tone.
4. A plaza shall be provided between the two larger buildings fronting Route 250. This space
shall be no smaller than shown on the Application Plan and shall include outdoor amenities
(e.g., landscaping, sidewalks, benches, tables). There will be a pedestrian passage that
connects the plaza and the parking lot behind the buildings. This passage shall be a
minimum of20-feet wide and may have a roof and support structures (e.g. columns), but
shall remain open on two sides (i.e., shall not have walls, windows or doors). A certificate of
occupancy for buildings four and five will not be issued until the plaza between these
buildings is constructed. The plaza will be constructed of concrete. The plaza material may
be altered if approved by the Director of Planning.
5. Prior to the first final site plan approval, the owner shall submit a tree conservation plan (the
"plan") prepared by a state certified arborist for the two large existing evergreen trees in the
southeastern corner of the site, as shown on the plan. The plan shall be submitted to the
Director of Planning for review and approval to assure that all applicable requirements have
been satisfied. The plan shall specify tree protection methods and procedures, including
fertilizing, tree protection fencing and mulching. The approved plan shall be complied with
during and after development of the property. When the plan is submitted, the owner also
shall submit a bond or other form of surety in an amount of $2,000 to guarantee the
replacement of one or both trees in the event that either or both die or are damaged for a
period of 2 years after approval of the final site plan for the land on which the two trees are
located. The bond or other surety shall be in a form acceptable to the County Engineer and
the County Attorney. The location of any sidewalk or any other improvements within 15 feet
of either ofthe trees shall be subject to design review during review of the first preliminary
site plan for the land on which those sidewalks, other improvements, or the two trees are
located t by the Director of Planning.
6. The Owner ofTMP 78-55A4 shall construct a two lane road between the Rolkin Road
Roundabout and the eastern boundary line of the site, as generally depicted on the
Application Plan and labeled "Aunt Sarah's Lane." This road shall be constructed in
conjunction with the first final site plan approved for the area under this rezoning and shall
meet VDOT design and construction standards. The purpose of this road shall be to provide
for the ultimate interconnection to the Route 250/ State Farm Boulevard (Route 1117)
intersection. In conjunction with the approval of the first final site plan approved for the
property, the Owner ofTMP 78-55A4 shall reserve the necessary right of way of the two
lane road, including all necessary drainage easements, for future dedication to the County
and will dedicate this right of way upon demand by the County. A plat showing future
dedication to be accepted by the Board will be prepared at the Owner's expense.
7. The Owner ofTMP 78-55A4 shall construct a five (5) foot wide pedestrian asphalt path from
Aunt Sarah's Lane to the property's common line with Westminster Canterbury in the
general location shown on the Application Plan. The purpose of this path shall be to
facilitate an ultimate pedestrian connection to Westminster Canterbury. This path shall be
constructed in conjunction with the first final site plan approved for the property.
8. The Owner ofTMP 78-55A4 shall provide a bicycle rack to hold at least 5 bicycles at a
location on TMP 78-55A4 to be determined with the first site plan approved for the property.
The bicycle rack shall be installed prior to the issuance of the first certificate of occupancy on
the property.
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9. At such time as a public road interconnection is made between the Route 2501 State Farm
Boulevard (Route 1117) intersection and the two lane road referenced in Proffer NO.6 the
Owners ofTMP 78-55A4 and TMP 78-55D, and any parcel(s) of record which may be
created therefrom in the future shall close the ingress into their parcels at the current Aunt
Sarah's entrance on Route 250. ..
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Signatures of All Owners
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Dr. Charles William Hurt is Manager of North Pantops Townhouses, LLC and is therefore authorized to
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ALBEMARLE COUNTY CODE
a. The approved application plan, and the approved standards for development, the accepted
proffers, and the authorized waivers or modifications and any conditions imposed therewith,
if any;
b. The permitted uses within the planned development zoning district, including all proffers, as
determined by the zoning administrator after consultation with the director of planning and
community development; in making this determination, the zoning administrator shall be
guided by section 22.2.1 of this chapter;
c. In addition to the foregoing, conformity with the application plan and the standards of
development. Within each neighborhood model zoning district, the general development plan
and the code of development, as determined by the director of planning and community
development after consultation with the zoning administrator.
(~ 8.5.6.2, 12-10-80; 9-9-92; ~ 8.5.5.2, Ord. 03-18(2), 3-19-03)
8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF
DEVELOPMENTS
The director of planning and community development may allow a site plan or subdivision plat for
a planned development to vary from an approved application plan, standard of development and,
also, in the case of a neighborhood model district, a general development plan or code of
development, as provided herein:
a. The director is authorized to grant a variation from the following provisions of an approved
plan, code or standard:
1. Minor variations to yard requirements, maximum structure heights and minimum lot
sizes;
2. Changes to the arrangement of buildings and uses shown on the plan, provided that the
major elements shown on the plan and their relationships remain the same;
3. Changes to phasing plans;
4. Minor changes to landscape or architectural standards; and
5. Minor variations to street design.
b. The applicant shall submit a written request for a variation to the director; the request shall
specify the provision of the plan, code or standard for which the variation is sought, and state
the reason for the requested variation; the director may reject a request that fails to include t.l-te
required information.
c. The director is authorized to grant a variation upon a determination that the variation: (1) is
consistent with the goals and objectives of the comprehensive plan; (2) does not increase the
approved development density or intensity of development; (3) does not adversely affect the
timing and phasing of development of any other development in the zoning district; (4) does
not require a special use permit; and (5) is in general accord with the purpose and intent of the
approved application.
d. Any variation not expressly provided for herein may be accomplished by rezoning.
(98.5.6.3, 12-10-80; 9-9-92; ~ 8.5.5.3, Ord. 03-18(2), 3-19-03)
18-8-6
Zoning Supplement #36, 6-8-05
Exhib it A
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ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-l
Sections:
INTENT, WHERE PERMITTED
PERMITTED USES
BY RIGHT
BY SPECIAL USE PERMIT
ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
22.1
22.2
22.2.1
22.2.2
22.3
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 established only within the
urban area, commllllities 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. 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).
18-22-1
Zoning Supplement #6, 12-30-99
Exhibit B
ALBEMARLE COUNTY CODE
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
II. Optical goods.
12. Photographic goods.
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 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
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 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 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. (Amended 5<!-93)
18-22-2
Zoning Supplement #6, [2-30-99
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ALBEMARLE COUNTY CODE
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)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (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 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. Farmers' market (reference 5.1.36). (Added 10-11-95)
26. Stormwater management facilities shown on an approved fmal site plan or subdivision plat.
(Added 10-9-02) .,. .
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(920-22.2.1, 12-10-80; 6-3-81;3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.
04-18(2), 10-13-04)'
22.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved by the board of
supervisors pursuant to section 31.2.4:
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 (reference 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)
18-22-3
Zoning Supplement #30. 10-13-04
ALBEMARLE COUNTY CODE
9. Stand alone parking and parking structures (reference 4.12,5.1.41). (Added 11-7-84;
Amended 2-5-03)
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)
13. Animal shelter (reference 5.1.11). (Added 6- 16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(s 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1),2-5-03; Ord. 04-18(2), 10-13-04)
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- 1 districts. (Amended 3-17-82; 7-10-85)
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18-22-4
Zoning Supplement #.30, 10- [3-04
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