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Home My WebLink AboutZMA200400011 Action Letter Zoning Map Amendment 2006-01-10 a { , lly' 8M®! 6/RGINlP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone(434)296-5832 Fax (434) 972-4012 January 10, 2006 Keith Whipple P.O. Box 8147 Charlottesville, VA 22906 RE: ZMA 2004-011 Charlottesville Power Equipment SP 2004-036 Charlottesville Power Equipment— Fill in floodplain; SP 2004-037 Charlottesville Power Equipment— Outdoor sales and display Sign #37 (Tax Map 78, Parcels 4A1 and 4B) Dear Mr, Whipple: The Board of Supervisors approved your rezoning application on December 7, 2005. Your rezoning from C-1 (Commercial) to HC (Highway Commercial) was approved in accordance with the attached proffers dated November 30, 2005. An application plan dated October 19, 2005 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 rezoning 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 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. Whipple Page 2of3 January 10, 2006 Regarding SP-2004-036: The Board unanimously approved SP-2004-036 to allow fill in the floodplain in accordance with Section 30.3.05.2.2(3) of the Zoning Ordinance on Tax Map 78, Parcels 4A1 and 4B in the Rivanna Magisterial District in conjunction with the ZMA 2004-011 application plan dated October 19, 2005. Please note that this approval is subject to the following conditions: 1. A letter of map amendment must be obtained from FEMA; and 2. Copies of state and federal permits (DEQ, Army Corps of Engineers) must be provided. 3. Upon request, the owner shall dedicate to the County the portion of the property within the 100' stream buffer deemed necessary by the County for a greenway trail and the area designated on the plan produced by Terra Partners, LLC, dated October 19, 2004, last revised October 10, 2005, entitled "Williams Property" as _the "resting station with benches". Regarding SP-2004-037: The Board unanimously approved SP-2004-036 to allow outdoor sales and display associated with permitted uses, which would be visible from an Entrance Corridor Street in accordance with Section 30.6.3.2(b) of the Zoning Ordinance on Tax Map 78, Parcels 4A1 and 4B in the Rivanna Magisterial District in conjunction with the ZMA 2004-011 application plan dated October 19, 2005. Please note that this approval is subject to the following conditions: 1. Site lighting shall be limited to the satisfaction of the ARB, as illustrated in the ARB-approved lighting plan, dated October 12, 2005, and prepared by Terra Partners, LLC; 2. The storage yard fence shall be of material, character, and design that are coordinated with the building, as approved by the ARB; 3. Regarding items for storage/display: a. Equipment shall be stored/displayed only in areas indicated for storage/display on the "Display Area Exhibit" plan dated October 12, 2005; b. Items located in the storage lot on the north side of the building shall not exceed ten (10) feet in height; c. Items located in the storage/display areas under the two easternmost awnings on the south side of the building shall be limited to small lawn mowers, rototillers, and other similarly sized items. Items on display shall not extend into sidewalk, landscape, or parking areas; d. Items located under the tower shall be fully contained within the structure of the roofed tower, as shown on the architectural elevation drawing sheet A3 (East/front Elevation) and A5 (South Elevation), dated December 28, 2004; and e. Items for sale/storage/display shall not be elevated anywhere on the site. 4. Retaining wall materials are subject to ARB approval and shall be indicated on the ARB-approved site development plan. Whipple Page 3 of 3 January 10, 2006 Please be advised that although the Albemarle County Board of Supervisors took action on the Special Use Permit items 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 these special use permits are 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 actions, please do not hesitate to contact Gerald Gatobu or Louise Wyatt at 296-5832. Sincerely, V. Wayn; Cilimberg Director of Planning VWC/aer Cc: Free Bridge Land Trust II; Charles Wm Hurt & Shirley L Fisher Trustees Amelia McCulley Tex Weaver Chuck Proctor Steve Allshouse Gerald Gatobu Louise Wyatt Sarah Baldwin Bruce Woodzell (Real Estate) Original Proffer X Amended Proffer (Amendment# ) PROFFER FORM Date: 11/30/05 ZMA# 2004-011 Tax Map and Parcel Number(s) TMP 78-4B and TMP 784A1 2.142 Acres to be rezoned from C-1 to HC 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 development on TMP 78-4B and TMP 78-4A1 shall be in general accord with the plan produced by Terra Partners,LLC,dated October 19,2004,last revised October 10,2005,entitled"Williams Property",herein referred to as the plan. 2. Permitted by right uses of the property shall be only those two use classifications identified in the following sections of the Albemarle County Zoning Ordinance in effect on July 13,2005,a copy of which is attached hereto: 1. Sec. 18-24.2.1(22) Machinery and equipment sales, service and rental. 2. Sec. 18-24.2.1(41) Uses permitted by right pursuant to subsection 22.2.1 of section 22.1,commercial,C-1. This proffer shall not be construed so as to prohibit any use permitted by special use permit authorized by Albemarle County Zoning Ordinance§24.2.2. 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 building elevations prepared by C.W. Hurt Contractors, dated December 28, 2004, entitled "C'ville Power Equipment," (the"building elevations")attached hereto. 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. 4. In the area shown as `Evergreen Screen' on the Landscape Plan,prepared by Terra Partners and dated November 30, 2005, the owner shall install and maintain landscaping pursuant to Section 32.7.9.8. The landscaping shall be of a quantity, size and variety of species that screen s the development and parking on TMP 78-4B from Free Bridge Lane and the RA District on the opposite side of Free Bridge Lane, as determined by the Director of Planning in consultation with the Albemarle County Design Planner. This landscaping shall be shown on the site plan for the development on TMP 78-4B and be installed in conjunction with the improvements for IMP 78-4B. VOAk, �IJ�T" /1`3,) '�J Signatures of All Owners Printed Names of All Owners Date Signatures of All Owners Printed Names of All Owners Date