HomeMy WebLinkAboutLZC201700030 Correspondence 2017-10-060�!
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
October 5, 2017
1540 Airport Road, LLC
c/o Donald D. Long, Esq.
LENHART PETTIT
530 East Main Street
Charlottesville, VA 22902
Re: Tax Map/Parcel ID 03200-00-00-04800, commonly known as 1540 Airport
Road, Charlottesville, VA 22911 (the "Property"), currently titled in the
name of ATNA Company, LLC (fka ATNA Corporation, LLC), 1591
Reynovia Drive, Charlottesville, VA 22902
Dear Mr. Long:
In response to your request for a letter confirming compliance with zoning
requirements regarding the above -referenced Property, please be advised of the following:
1. The Property is zoned C-1 Commercial and, thus, is consistent with the
current use for the Property, which is to provide veterinary services (the
"Current Uses").
2. The Property and Current Uses do not violate any existing Zoning Code in
effect on the date hereof.
3. All requirements of the Zoning Code related to ingress and egress from the
Property to a public street have been satisfied. The Property enjoys access
onto Airport Road and Deerwood Drive.
4. The number of parking spaces necessary to support the Current Uses of the
Property is 23 spaces, under current ordinance requirements. There are 29
spaces on the parcel with 5 additional spaces on the adjacent parcel.
5. No application for rezoning of the Property, or special permits, conditional
use or variance request in connection with this Property, is now pending.
6. The Property is subject to proffers associated with ZMA200800007 and with
conditions associated with SP2000800067, which are as listed in the attached
approval letter, dated January 25, 2010.
7. There are no special conditions or time constraints applicable to or imposed
on the Property for the Current Uses.
8. There are no proceedings, pending or threatened, to revoke, rescind, alter, or
declare invalid any laws, ordinances, codes, approvals, pen -nits or certificates
applicable to or issued in connection with the Property by the County.
Please contact m uestions or require additional information.
&Ot
Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Attaclunents: -Zoning Map of Property and adjacent properties.
-Board of Supervisors' Action letter for ZMA200800007 & SP200800067,
dated January 25, 2010, with conditions and proffers.
K
. COUNTY OF ALBEMARLF
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone (434) 296-5832 Fax (434) 972-4012
January 25, 2010
Sara V. Salmon, DVM
1591 Reynovia Drive
Charlottesville, Va 22902
.RE: ZMA200800007 & SP.200800067 ATNA Building
Tax Map 32, Parcel 48
Dear Ms. Salmon:
The Board of Supervisors approved the .following applications on December 9, 2009.
Regarding ZMA200800007
This rezoning from CO to C1 was approved in accordance with the attached proffers dated November 1,
2009. Please refer to these documents for any future applications and requests on this property.
_Regarding SP200800067
This special use permit to operate a veterinary services clinic in the existing building on the site of Tax
Map 32, Parcel 48 was approved with the following conditions:
1. Development of the use shall be in accord with the concept plan, entitled "Proposed Fencing"
prepared by Gorman Architects, PLC, dated July 20, 2009 (the "Plan"), as determined by the
Director of Planning and the Zoning Administrator. To be in conformity with the Plan,
development shall reflect the following elements only and all other elements of the Plan may be
modified during site plan review and approval: general location of parking areas, buffer and
screening from adjacent residential properties, and proposed fence enclosure. Minor
modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance;
2. This special use permit applies to the existing building and any new buildings for the veterinary
use will require a new special use permit;
3. The opening of any windows shall be prohibited;
4. Dogs may be walked only in the outdoor dog walk area;
5. No animals shall be boarded overnight or groomed, except for those animals under medical care
at the -veterinary hospital;
6. The use shall not commence until thebuilding located at 1540 Airport Road is served.by public
sewer;
7. An eight (8) foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for
pressure treated wood shall be constructed and maintained along the full perimeter of the
property adjacent to the residential properties. The existing trees and landscape along the
perimeter of the property adjacent to the residential properties shall not be disturbed. Screening
requirements shall comply with Section 32.7.9.8 Screening of the Albemarle County Code;
8. An eight (8) foot tall treated solid wood privacy fence in a cabot slate gray #1445 stain for
pressure treated wood shall be constructed and maintained to enclose the proposed fence
enclosure shown on the Plan; and
9. All outdoor lighting shall comply with the requirements of Zoning Ordinance Section 4.17 -
Outdoor Lighting, no later than February 15, 2010.
t'1Vd5C LIV dUVlbVU LIIdL dIL1IVLl1f. I LIIC NILIVIIId1IV %1VUIILy ovalU VI OUHUI VIOVIO LVWIN OL LIUII vn LII=
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 conditions of the SPECIAL USE PERMIT;
approval of and compliance with a SITE PLAN amendment; and
• approval of aZONING 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"
If you have questions or comments regarding the above -noted action, please do not hesitate to contact
Sherri Proctor at 296-5832.
Sincerely,
,VVCilim,�
Wayne ber9
Director of Planning
Email Copy: Tex Weaver; Chuck Proctor (VDOT); Steve Allshouse; Sherri. Proctor; Sarah Baldwin
Original Proffers X
Amendment _
PROFFER STATEMENT
ZMA No.: ZMA 2008-007 (ATNA Corporation, LLC; VETSS, Inc.)
Tax Map and Parcel Number: 03200-00-00-04800
Owner(s) of Record: ATNA Corporation, LLC
Date of Proffer Signature: (is►aer4-datej -nD ,, 1 } CZVV
0.78 acres to be rezoned from CO to C-I
ATNA Corporation, LLC is the owner (the "Owner") of Tax Map and Parcel Number 03200-00-00-
04800 (the "Property") which is the subject of ZMA No. 2008-007, a project known as "ATNA Building
— VETSS Hospital" (the "Project").
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner hereby voluntarily
proffers the conditions listed below which shall be applied to the Property if it is rezoned to the zoning
district identified above. These conditions are proffered as part of the requested rezoning and the Owner
acknowledges that the conditions are reasonable.
The use of the Property shall be limited to those uses allowed by right under Section 22.2.1(b)(1),
(3), (5), (12), (17), (18), (19), (20), (26) and (27); those uses allowed by special use permit under
Section 22.2.2(2), (3), (5), (6), (7), (9), (10), (11) and (14); and those uses allowed'by right under
Section 23.2.1; of Chapter 18, Zoning, of the Albemarle County Code, as those sections are in
effect on December 9, 2009, copies of which are attached hereto and incorporated herein as
Attachment A.
2. The Owner shall install a sidewalk in the location shown on AttachmentB. The design of the
sidewalk shall be approved by the Virginia Department of Transportation ("VDOT") prior to its
construction. Construction of the sidewalk shall be completed by not later than .tune 30, 2010.
Construction of the sidewalk shall be deemed complete when the Owner obtains from VDOT a
written determination that the sidewalk is completed and safe for pedestrian use.
ATN . Corporation, LLC
C. ,Salmon, Mem
By: Sara V. Salmon, DVM, Member
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C-1
Sections:
22.1 INTENT, WHERE PERMITTED
22.2 PERMITTED USES
22.2.1 BY RIGHT
22.2.2 BY SPECIAL USE PERMIT
22.3 ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERLI PD,RMITTED
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, communities 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-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 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, mill, dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
15-22-1
Zoning Supplement 116, 12-30-99
Attachment A
ALBEiMARLE COUNTY CODE
S. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. 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.
S. 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 5-2-93)
1 S 22-2
Zoning Supplement *6, 12-30-99
ALBE,AYARLE 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 1 1-1-9)
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 final 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)
(� 20-22.2.1, 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 5uppleinent W30, J 0-13-04
ALBEMARLE COUI&Y CODE
9. Stand alone parking and parking structures (reference 4,12, 5.1.41). (Added 1 1-7-84,
Amended 2-5-03)
10. Drive-in windows serving or associated with permitted uses. (Added 1 1-7-84; Amended 9-9-
J2)
1 I. 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
G-14-89)
12. Body shop. (Adder] 9-9-92)
13. Animal shelter (reference 5.1.1 1). (Adder] 6-16-99).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-22,2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord, 03-18(I), 2-5-03, Ord. 04-18(2), 10-
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-]0-85)
18-22-4
Zoning Supplement #30, 10-13-04
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 23
COMMERCIAL Or, ICE - CO
Sections:
23.1 INTENT, WHERE PERMITTED
23.2 PERMITTED USES
23.2.1 BY RIGHT
23.2.2 BY SPECIAL USE PERMIT
23.3 ADDITIONAL REQUIREMENTS
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 residential 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.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums,
6. Accessory uses and structures incidental to the principal uses provided herein, The aggregate
of all accessory uses shall not occupy more that twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
15-23-1
Zoning Supplement 1/54, 8-5-09
ALIIEMAItLE COUNTY CODE
-Ethical pharmacies, laboratories and estabishments fin• the production, Fitting and/or sale of,
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86) .
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
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)
8. 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 I 1-1-89)
9. Temporary construction uses (reference 5.1.18).
! 0. Dwellings (reference 5.1.21). (Added 3-17-92)
i 1. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12, Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
14. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86, 1 1-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord,
04-18(2), 10-13-04; Ord. 09-18(6), 8-5-09)
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be. permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2,4:
1. Hospitals.
2. Funeral homes,
3. 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,
18-23-2
Zoning Supplement #54, 8-5.09
ALBEMARL.E CO UAITY CODE
4. Stand alone parking; and parking structures (reference 4.12, 5.1.41). (Added 1 1-7-84;
Amended 2-5-03)
5, Commercial uses otherwise permitted having drive-in windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)
8. 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)
9. 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. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing, (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40), (Added 10-13-04)
(§ 20-23 2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(l), 2-5-03; Ord.
04-18(2),10-13-04)
23.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apple within all CO districts.
18-23-3
Zoning Supplement tl54, 8-5-09
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