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Home My WebLink AboutZMA197900007 Approval - County 1979-05-16RosERT W. TUCKER, JR. 'DIRECTOR OF PLANNING M. 0. Whyte Earlysville Virginia 22936 Dear Mr. Whyte: F AL13 al�w ku tCl•, Department of Planning 804/296 -5x23 414 EAST MARKET STREET CHARLOTTESVILLE -. VIRGINIA 22905 May 21, 1.979 RONALD S. KEELER ASSISTANT' DIRECTOR '_F PLANNING DeDUGLAS W. ECKEL SENIOR PLANNER (NANCY MASON CAPE.RTON PLANNER IDETTE CHARLIE: KimsE.Y PLANNER Re: BOARD OF SUPERVISORS ACTION Request for 4A -79 -wand ZMA- 79 -08 This is to advise you that the Albemarle County Board of Supervisors at its meeting May 1.6, 1979, approved your request to rezone 2.000 acres from A -1 to B-'1 ( County Tax 11•1ap 31, Parcel 14 ) and your request to rezone 0.532 acres from A-1 to B--i Counter Tax 31 Parcels 1A 7 1 i S . �p , 1 _j , 14B , and 5 j as on the attached sheets. J g/ cc: File 1l Sincerely, Jane Gloeckner Planning Department MEMORANDUM Robert W. Tucker-, May May 17, 1979 Page Two 4) ZMA -79 -07 and ZMA- 79 -08. M. 0. Whyte. To rezone 2.000 acres from v A -1 to B -1. County Tar, Map-31, Parcel 14. To rezone 0.532 acres from A -1 to B -1. County Tax Map 31, Parcels 14J, 14B and 15. APPROVED with the following proffer: 1. I, M. 0. Whyte, have applied for the rezoning of certain real properties situated in Albemarle County, Virginia, from A -1 to B -1, as set forth in the two zoning petitions filed by me desig- nated as ZMA -79 -07 and ZMA- 79 -08, said properties being Albemarle County Tax Parcels 31 -14, 14J, 14B and 15. Some concern has been expressed as to whether or not the uses permitted by eight and by special use permit in the present B -1 District are in conformity with the existing Comprehensive Plan. Under the existing Compre- hensive Plan, Earlysville is recommended as a larger Type I village', appropriate for commercial development. The Albemarle County Planning Commission is presently working on a new zoning ordinance and zoning map which would be in conformity with the existing Com- prehensive Plan. Under the proposed zoning map presently being considered by the Planning Commission, the parcels which are the subject of these two rezoning petitions are shown as Commercial District C -1. Under the proposed zoning ordinance, Commercial District C -1 has many of the same or comparable uses by right or by special_ use permit as the B -•1 District under the zoning ordinancE presently in effect, with the exclusion or modification of'' certain uses. The elimination or modification of these certain uses by right or by special use permit.as a, condition for the rezoning of these parcels would bring the uses of these parcels into conformity" with 'the 'Comprehensive Plan as it is being implemented under 'the proposed zoning ordinance. Accordingly, and pursuant to Virginia Code Section 15.1 - 491.2, I do hereby voluntarily proffer the condition in each of said rezoning petitions that upon rezoning of said parcels to B--1 District, the following; uses permitted by right and by special use permit under the existing zoning ordinance would be excluded or modified as hereinafter set forth: (l) Excluded uses: -7 -1-2 Automobile sales, service and rental. 7 -1 -17 Hotels and motels. 7 -•1 -21 Newspaper publishing. 7 -1 -29 Public utilities: office, equipment storage, dispatch centers and warehouse facilities. 7 -1 -39 Theaters (indoor). - 7 -1 -42 Motor vehicles sales, service and rental,. 7 -1 -43 Printing slops. 7 -*1 -44 Condominiu -ms with site plan approval. 7 -1 -48 Assembly and testing of electrical appliances, electronic instruments and devices, radios and phonographs. Also -t;he manufacture of small parts suob as coils., condensers, transformers, and crystal holders. (Adopted 9- 20 --78). MEMORANDUM Robert W. Tucker May 17, 1979 Page Three 7 -1 -42(2) Drive -in Theaters. 7- 1 -42(3) Machinery sales and service. 7 -1 -42(4) Veterinary or dog or cat hospitals. 7 -1 -42(5) Wholesaling and processing not objectionable because'. of dust, smoke, noise, odors or heavy traffic. 7 -1 -42(6) Mobile home and travel trailer sales and service. 7-1-42(7). Private educational institutions. 7- 1- 42(10)1,;arehousing, light (Adopted 3- 26 -75). 7 -1- 42(1 2)Unless such uses are otherwise provided in this Article USES PER4ITTED in' Article 63 RESIDENTIAL GENERAL DISTRICT R -3, in compliance with regulations set forth therein, and such conditions as may be imiDosed nursuant to Section 11 -13 (Amended. 3- 15 -77). 7- 1- 42(13)Helistop (Adopted 10- 5 -77)• 7-1-42(11I)Contractor's office and equipment and material . storage yard (Adopted 8- 2 -78). (2) Modified uses: 7 -1 -19 Laundries; coin- operated (provided that an attendant'. shall be on duty at all hours during operation). 7- 1 -42(g) As stated, but excluding multi-legged tower structures. 5) ZMA- 79 -10. To rezone 26.002 acres from A -1 to RS -1. Charles W. Hurt. County. Tax Map 44, Parcel 36, part thereof. DEFERRED until June 13, !9'l Separate letter of explanation to follow. LEN /dlg ..cc: Jane Gloeckner George R. St. John Bill Bradshaw Ben Dick File k M.O. WHYTE 9.709 ACRES RESIDUE 0.8.646 - 509,512(PLAT) TAX MAP SHEET 31 PARCEL 14 _L R APPROVALS SURVEY CERTIFICATION OWNERS APPROVAL CENT /F /EO IO BE CORRECT ARO ACC(/RA7E THE PLATTING OR DEDICATION OF THE FOLLOWING DESCRIBED LAND 2.000 ACRE PARCEL IS WITH THE FULL CbNSENT AND , O 3 - % % IN ACCOADANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS , PROPR IETORS,AND \ -6 TRUSTEES, IF ANY . \' COUNTY PLANNING COMMISSION S 47° E 56..29 29 25' STRIP (0.124 AC 1 DEDICATED \ TO THE COUNTY OF ALBEMARLE FOR ROAD PURPOSES. STATE OF VIRGINIA oy \ \ CHA IRMAN COUNTY OF ALBEMARLE, S50.28 E \X Ifi2.65, 2.65� TO -WIT n\ �• �\ COUNTY BOARD OF SUPERVISORS: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED LF EFOR1_ 91 `l 'PT THIS 197j , v AS OWNER MYY'�C)MMISSKIN Ejj((,PIIPEES- ,' FRAME 12.16 GARAGE LEJ/BRATEO ABERT _ .-�. �ti lv_l "a�`-� ROTARY PVBL/C 9 2.000 ACRES a� IRON \ yM (FOUrvDI ;9 OB.646 - 509,512(PLAT) aAp 6fi3 743 (FOUND) yH� \ 3 \ � �Ny�CW ' � � PROP. IYSVIILE �'h1 O p•\� / \ IRON 66 BA 00'6 (FOUND). '5 / ql 0 O' 2 50 / 1 532 E °23 660 743 AXLE (FOUND) x'28 / 660 58.26 IRON CHARLOTTESVILLE TO VICINITY MAP - No SCALE `y 565°0 ?y Et��\OE1 � 2yF�• lGO / St. / PLAT OF 2.000 ACRE PARCEL, DEALT'Olt, / / A PORTION OF M.O. WHYTE PROPERTY, 'p6 / LOCATED 743 ATAEAR YSVTLLRE INTERSECTION CO V . 6 = 04 °0509° v / T = 49.16 R. o. $NL7N/ " R = 1378.1a' NOTES CERTIFICATE No. a / L =96,26 PROPERTY ZONED A -I. SCALE I 100' DATE 13 6 79 III, 100, 50 0' 54.17- 3(a)543 / o 54.17- 3(b)101 75' "V zao' z ERL LAND SMave�O � —.+Q / CHARLOTOTES ASSOCIATES LE ,V RGINIA 3586