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HomeMy WebLinkAboutVA197900027 Application 1979-05-23 vIl $20. Permit Fee N-- ) rx` d Appiicaticxi No t(f-- 19 —a Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application .5p 3 , 19 19 . OWNER OF PROPERTY OCCUPANT (If other than owner) n t, , Name: / tr Nano: v,, ,�� 4,.._.t.i., ,ai ( to�iAJ ri. eArS I Address: I , - ) Address: 1406 ,,c_ ( co , •2d "IL-, 0hliAt lobtal tite J, I..r, Telephone: -X1G 4/4 / Telephone: qll—n5 1 Location of Property: Ra;.,A 1,,a d ,, T- n ' i�. cy, 2 ci.,�t L,„.., Y1 4- sx-, a a..t Mrs.-t -g- D,J Tax Map (at Parcel 4/9 Acreage ,2 5,000 ,),.r ,,\ Existing Zoning K\ District Tbtisting Use: , Zre_, u aA ci- CiL,Sii, @a 0 h...) Variance sought (describe briefly relief sought) : 36 1 -,tity,,.__., N.,ti_of (.0a-6 vi--6-,49a, f.,01- 411.) kv,.)--6-L, u5,-o-ce.,- . ,,i)L24.9.,),,,,, O O-r•. ii r= '` '1•4 l-0 k-6-ci--"0--J2-• -C.4L...) tibtt,c-et L6P-4-11,4-1Q„ '14(±), 'J l e, cJu(S-Q 6-12_ -b, IL'S-4-, 1�.-0-“-<1,A-• 0"-ditC..Citi/d--t_2_r 'LAi ' ram. "J• t r Cli„ at "Y ilk' A4.4_d _4) t ef_Q- Li . a i 212-0112 et., ( r_ LEI 0_,I,csz. —[6 LO.P,,,jrt-c? ' -c,,47, . I hereby certify that the foregoing information is true and correct to the best of my 1eculedge and belief and that I am the owner named above. ft it,i,64-7&---)( owner or Contract rchaser Date FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Data of Hearing: ice. Z j LI l `7 Final Decision Made: 1 ) L1 Li 7 The variance sought denied approved with the following condition 1 P--V-uvdd Special Use Permit# BOARD OF ZONING APPEALS Sign Permit# BY: Date Building Permit# 1 Noe Nal Specials Conditions : (A part of contract between Charles R. and Sharon L. Jones , Buyer and Bennington Limited Partnership, Sellers , dated April 6 , 1979) 1) This contract is contingent upon Sellers : a) obtaining Certificate of Occupancy b) obtaining Albemarle County Board of Supervisors approval and resulting issuance of Special Use Permit allowing the purchased property to be used as a Child and/or Adult Day (and Night) Care Facility or can be used under current R-3 zoning as a Profess- ional Office by right. c) obtaining approval by State and county Fire Inspectors for use cited in paragraph 1 (b) above. d) completing and satisfying those conditions (except for con- dition #5 which must be removed) cited in attached Exhibit "A" entitled STAFF REPORT dated April 10 , 1979 and pertaining to "SP-79-08 Bennington Limited Partnership. " New or amended conditions shall be mutually agreed to my Seller and Buyer. 2) Further, this contract is contingent upon Buyer being able to - obtain approval of this property for a Day Care Center by appropriate state and local agencies by June 25, 1979 as well as obtaining Albemarle County ' s approval [for appropriate Day Care Center sign at entrance to b J e4(o,�N Kd- C- proper y..( 9"Appropriate.': mea s (defines) the sign as being in accordance with the existing county sign ordinance. ' 3) Occupancy will be allowed Buyer at any time after the April 10 , 1979 Planning Commission hearing; provided the Planning Commission rec- ommends approval of the Special Use Permit application allowing for a Day Care Center. In the event the Board of Supervisors turns down the Special Use Permit, Purchasers shall then have until May 10 , 1979 at 4 : 00 p.m. to declare this contract null and void in which case Purchaser shall vacate premises by May 31 , 1979. 4) (a) Refer to Exhibit "B" . The house and approximately 25 ,000 square feet (Parcel A) and approximately 4 , 500 square feet (Parcel B) is the property being purchased. There is a $3, 000 consideration in the sales price of this property to compensate for Parcel B, the purchase of which is subject to Albemarle County's approval of locating the permanent access road from Georcetown Road on the south side of said Parcel B, not shown. r f -2- See If this road change is not approved by the County, and thus Parcel B is not included in the sale, Seller will credit Buyer $3 , 000 at closing for Buyer forfeiting said Parcel B. (b) Seller agrees to sublease to Buyer, for the sum of $1/year that portion of Parcel C, approximately 9 , 000 square feet which will not be used for access from Westgate Apartments to and from proposed new apart- ments . Said lease will be for the same time period this Parcel C is leased to the Sellers by the Peyton Estate, and will be transferable should Buyers elect to sell this purchased property. Property must be utilized in its natural state. (c) Seller agrees to negotiate with Buyer, subject to Albemarle County approval, for the use of Parcel D, containing approximately 3 , 100 square feet, to be used as a Joint Playground area by both Buyer and Seller without monetary consideration to Seller, and for the length of time Buyer owns this property. It may or may not be trans- ferable should Buyer ever sell the property being acquired hereunder, subject to Sellers desire. Upon a subsequent sale in which Seller disapproves of the continued joint use of Parcel D, Seller agrees to reimburse Buyer an amount equal to Buyer' s undepreciated initial capital costs (tax basis remaining) . Said initial capital cost to be submitted to and approved by Buyer prior to closing hereunder. 5) Again, refer to Exhibit "B': At Seller' s expense, Seller _ _ agrees to plant twenty (20 four to five feet (4 ' to 5' ) white pines or move existing forsythia hedge to southern and eastern boundaries of Parcel A. In addition, and at Seller' s expense, Seller will install forty-two (42) inch high picket type, treated pine fence along southern and eastern boundaries of Parcel A. Buyer to paint same. 6) At Seller' s expense and by June 1 , 1979 Seller will : a) Construct a temporary access to and from the main house through existing Westgate Apartments to be used until such time as the -location of the permanent access from George- town Road is determined. Upon completion of the permanent access road, Buyer will retain an easement and access con- necting into Sellers ' road and serving the back of main house. In addition, should Buyer elect, Seller is agree- able to allow Buyer a gate type entrance further into the Parcel A which would serve only the front portion of the house and be used for single family residential access', purposes only. -3- Noe *rad b) Install the fire hydrant as shown on the Westgate Phase IV site plan, and within 400 feet of main house on Parcel A. c) Connect the house to Albemarle County public sewer. d) Provide gravel parking for approximately 6 to 8 cars in the back of the house in accordance with Buyer' s request. e) Assure that all bathrooms , appliances , heat, air conditioning, SA i e' ' plumbing and electrical systems re in working order. / -to ikolodc d►5A w/"11 r , �i.eef,:A 1( /E'A A sv../ WC-FW.efr 7°/<‘ 0 f) Replace the kitchen tile with solid sheet goods of a pattern -/ to be selected by Buyer and replace kitchen sink with stain- less steel triple sink. Sellers vinyl cost of $6/yd. installed/ allowed. g) Repair the leaking roof. h) Add two toilets and remove one sink and add three small sinks with drinking fountain in one bathroom. i) Provide lighted Exit signs at 3 exterior door exits. j) Insure that all exterior doors in main house open outwardly. k) Install required smoke detectors. 7) Seller to have first right of refusal in event Buyer ever sells the property. 8) Seller agrees to keep adequate hazard insurance on the property until possession is granted. Upon taking possession Buyer agrees to maintain hazard insurance with standard Fire, E.C. and Vandalism cover- age in an amount equal to or greater than the mortgage plus liability insurance with minimum $300 ,000 single limit coverage and to include a standard mortgage clause in policy. ' , // `i ►� April 10, 1979 • STAFF REPORT • . • • SP-79-08. Bennington T.ihli ted Partnership Request: Amend SP-78-22 to delete proposed clubhouse and swimming pool and replace with child day care facility - Note: . For additional background information see staff report SP-78-22. Staff Comment On June 14, 1978, the Board of Supervisors approved SP-78-22 for a total of 375 ' dwelling units. The following statement was in the accompanying staff report: "There is an existing residence on the site which is slated to be a clubhouse for the recreational facilities." In subsequent planning, a swimming pool was shown adjacent to the house. Since that time, the following has occurred: 1. ,The swimming pool and clubhouse in Westgate II will not be lost due to improvements to Hydraulic Road and therefore the applicant desires to delete the Mowinckel house as a clubhouse; 2.-- A day-care center desires to locate in the Mowinckel house either on the basis of lease or purchase ( While Bennington Limited Partnership is shown as the applicant in this petition, Sharon Jones would operate- the day-care center ) ; - 3. Bennington Limited Partnership ( or Great Eastern Management ) has indicated a possible revision to the overall plan at some future date.. Given these circumstances, it may be easier to address the topics separately: a. Amendment of SP-78-22 with regard to recreational facilites; b. Establishment of the day-care facility. - Recreational Facilities: - Solomon Court, Westgate, and the Mowinckel tract represent about 640 dwellings. At 50 square feet/dwelling unit as required by the Zoning IOrdinance, this translates to 'about 3/4 acre of recreational area serving about 1800 people ( This requirement applies to-multi-family dwellings only and depending on possible revision of the Mowinckel plan, figures provided here may be high ) - While the Zoning Ordinance is silent as to the nature of facilities to be provided, staff opinion is, given the scale of development, the Planning. Commission and Board may wish to consider the kinds of facilities to be provided ( As in the past, staff is opposed to the extensive use of tot lots as generally inappropriate. Various recreational standards have been attached for your review )_ Staff approval of recreational facilities was permitted on the site plan approved by the Planning - Commission on August 29, 1978. Day Care Center: Mrs. Jones, who would live in the dwelling, expects an initial enrollment of 45 children with an ultima;_- : :rollment of about 90 children. The facility would be operated under state license.- Access is being requested on S. temporary basis through Westgate apartments ( see VDH&T comments ) with permanent access from Georgetown Road to be provided at a future date as the Mowinckel tract develops. Proposed hours of operation would be from 7:30 a.m.-'to 5:30 p.m. The dwelling is currently served by septic system and public water.• • In view of the population in this atea; staff finds this an appropriate use and recommends approval subject to the following conditions: 41100 7: mended Conditions of SP-78-22 ( Conditions 1-4 from original approval ) 1. Site plan approval; 2. County Engineering Department approval of adequate on-site and off-site drainage facilities; 3. Virginia Department of Highways and Transportation approval of access facilities and adequate dedication for a 60-foot right-of-way along Route 656 frontage, including increasing the pavement depth of the existing Bennington Road to satisfy Virginia Department of Highways and Transportation specifications from Inglewood Drive to the end of the existing temporary turnaround; 4. This site is approved for a total of 375 dwelling units; provided that if any units are to have access from Bennington Road, they shall be 34 in number, with lots 1-12 developed as single-family detached dwelling units; the remaining lots developed as single-family detached and two-family dwelling units with a maximum of seven two-family dwellings, whose location shall be approved by the County Planning Staff. In the alternative, the area proposed for subdivision ( as shown on plan dated 5/30/78 and initialled "RWT" ) may be developed in townhouses provided_access 4s only_through Georgetown Road) 5. CAppro of i ' 'e it ori- o :d-5 si pprovar=by-=the'9zrane.ng'-C-0mmiss -- u - 'm - Na i f1- or✓v,T�i+,j_- 5. At such time as access is established to Georgetown Road, 'permanent access for the ay care center to Georgetown Road shall be provided; 7. a. a staff shall approve temporary access, parking and play area for the day care center ( The following standards shall be used for the temporary plan: parking - 1 space/2 employees; 1 space/10 children enrolled; 2 spaces for the dwelling; play area - 75 square feet/child enrolled ) ; b. Final site plan approval shall be obtained in conjunction with site plan `approval for the remainder- of the tract. In the event of sale of property on which the day care facility is located, the County Attorney shall review written agreements insuring site plan cooperation; The day care center shall be served by both public water and sewer to be approved by the Albemarle County Service Authority; 9 Approval of the day care center by appropriate state and local agencies. Conditions stated are supplementary and nothing contained herein shall be deemed to preclude application of requirements and regulations by- the Virginia Department of Welfare or any other agency; Licensure by the Virginia Department of Welfare as a child care center. In the • event of license expiration, suspension or revocation, the Zoning Administrator shall refer this petition to the Board of Supervisors for public hearing after notice pursuant to Section 15.1-431 of the Code of Virginia, as amended. It shall be the responsibility of the applicant to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter. Failure to do so shall be deemed willful non-compliance with the provisions of this special use permit; -Conditions 7a, 8, 9, and 10 shall be met prior to the opening of the day care center. _ • 4 LL --, .:( I -' X` ' ENTRANc:E �-- .. .� 40-Gi„�I AS REpUtREp 6Y UivERT SIZE - . . w TRgNCE IiIGNyygyS VA pEpT OF i . I . ' sloe N ' •39� •0CE:11:-... 8•� ' • ' ,� 03 BaRC. AY pL q , ) . 1 / ' I /11.4:/-0 . ,__. ,. if • ' jam ., ` ... . •.• ._, * uFFI ( ....... s„,1„..o.„,„---7,„ /F . ..:i r , _ � ,,,--- .., •. .:2,-,- ,,, .-;:-.,...• T .,...- :, -,... N.- .-:-. -. .,,i - . I ..,,, ' I,i // r IIVING R'- -37---- ---'--'''. --,—,___':.. '--- /Jr . b.... .... •• rn 1, '9, o N 330 1 »� �, i v• — --swop --•'', ., ti 1'1 41 07 E 1 iii ,6 ..• -. 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' . . 4'"..1- _ k i...- , , -* or, ,2414,, i. i, ,,,,,,.. 0 lig, . .......„.1....t..--.... ,,,....,...: si • h-r .! i ' 'i3OLtr. �yi f' Ott \ �' �•.. • ` ' •,- {� •.sf - i L2ODI) + . -? �' ,' •�' i `ice' _ 630 - ..c"...• • ...,...,::„...,...:.•• ...;r:' I f !H TO , • ;\I VN 619 •/�O A �� •tv , : c.a - - • .,1•Ing-m / • �+ .., . . r ... \ , ....„4.j... 4 ______ . . • C ' 'II `1.--- • -. •'. •kr w {jj t.._ ._ (11 E x Now SA1 I S ( ONTR ACT Noe 6alebt owec_j(E.socia l eS eS It3CAL li-TA'I'l•: i-3) )i{Nits CHARLOTTESVILLE, VIRGINIA TIIIS AGREEMENT of Sale made in triplicate this 6th day of April , 1979 , between Charles R. and Sharon L. Jones (Husband and Wife) (Buyer) and Bennington Limited Partnership (Seller) and Caleb Stowe Associates , Ltd. Realtors (Agent) WITNESSETH: That for and in consideration of the deposit of Two thousand and 00/100 Dollars ( --2 ►000 . 00---) by cash/check in hand paid, receipt of which is hereby acknowledged, the Buyer agrees to buy and the Seller agrees to sell for the sum of . Dollars ($ --- ), all that certain piece, parcel, or lot of land described as follows, to-wit: House with approximately 25,000 square feet of property (Parcel A) plus Parcel B of approximately 4500 square feet shown on the attached partial plat entitled Exhibit "B" . This site is further identified as a part of Tract II of Mowinckel property known as parcel 42A, Albemarle County Tax Map 61, as recorded in Deed Book.---65.8.,..-.page....61.. The--.c-onuey- ance of Parcel B is subject to the provisions of paragraph 6 under Special Conditions . Terms of Sale: $ SPOWS. Escrow deposit . to be held by Agent and returned to Buyer in event property does not close. $ afelfitfagap Cash at settlement. At Buyer' s option cash at settlement may increase cash with proportional decrease of First Deed of T :tls.tx1. n�.11�gt .__$.. ..... First Deed of Trust financing by Seller at interest rate of 91% per annum over a 30 'year amortization schedule of monthly _payments , _.the .principal balance of which will become due...on.-. 'ehru.a 'y. 85. Prepa.yment of this loan without prepayment penalty to be allowed the Buyer. $ TOTAL SALES PRICE -.Special. Conditions See attached sheets for Special Conditions , made a part of this contract. • The Seller agrees to coe the abov ,}o rtvs ith a General Warranty Deed, and keep adequate iinsurance in forcer until n x R pedeReprepared at the expense of the Seller. Examination of title, conveyancing. notary fees, and all recording charges, including those for bonds or deed of 'trust, if any, are to be at the cost of the purchaser. All taxes, }{ xxx,x1i{osx:Dtr3+�xiAlexec are to be prorated as of ..y.c��la5i.ng_ The purchaser agrees to corn ply with the terms of sale herein w=tx .July...l.,.19.7.9xix)x)ficrcoothe dxiteziammeStAtAtP.M9iXaKt7ASiNreafter as title can be examined and papers prepared. To be closed in Seller' s attorney ' s office. It is understood that the title is to be free and clear of all liens and indebtedness of every kind except the liens above mentioned. However, a reasonable time shall be allowed the Seller to correct any defects reported by the title examiner. It is understood that the property is to be conveyed subject to any restrictions of record and right-of- • ways thereon. Possession is to be given as set forth in Paragraph 3 in Special Conditions •- r A.' — ,___._._.._.,, COUNTY - ALoaMARLE _ Y PLRNiJa. CGS^ ;, J� SiO - S• . 3° /8' l.. !_._ __ . ........._-_ CHA IRn: A ?d ',. . ,(: • 9 0. 0 0 wd � . COUNTY OF ` ALBEM ARLE - ,�� i•_ : _ _ . _ . . BOARD OF SUPERVISORS c `v 7\1/4- - DES : C4“. TED AGENT ' 1 - _ DATL C I '' OF CHAT' :_ .3T TESVILLE \\*\ PLANNING CO +vnilSSION -' - u • C}9AIR4aAiV ' 2 A< SECRETARY •,.. ✓ DATE • . . - - - s COUNTY OF ALSEfAARLE - - S7ATE Or VIRGI ,NaIA., TO-WIT ; c� ::{E FORECO1N3 INSTRUMENT WAS / ,-.C4CNOtJLEGQEC BEFORE LIE THIS '. • DAV OF _; - - V { . Y ' AS - 1 . dY CO ISSIO ::z?1RES // 80 _. N. fw Alnl u $ Yl fr _ _ _ ..._ /. a` -.. .. �•�'" �' `' � .. . . C E P., . :-V' : .A_T-t O N -- �' - __h. r Ii3 CC� F:eCT AN . . ' fl / ACCUl PI-A.T4---- 4 \ ;�\ / 2 ART1; U F. ERL1kRD; , C.C3.. k" CERT3a•:-CAT-E -F?O.--11-7 �y e \ N'/ V ..,7:: , - 01' _ -„ . .. \ . L ` J \ - — t-"sa. mot.- 4.\ y ._. . - ._-.__.. -_ -. ..__ -`\ • j`,+. �,_ /� \ Imo. v `3 ! . \:- A 2E.5 RE::: fl V O f✓.. - \t i[' �i :C S TO THE 26, 9v"fT h.r:'. - -. I. -.. J _ r 1 1 _ __- ---_ - - --.__• ._. _- - .-.. _.F_. ..- ...._. __ riE. . . .- ,, _ _. U . 7 Y , , . ..GI . .. -; 2 . , I979 - • E;O . 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JACK JOUETT, RIVANNA AND SECTION 61 ' CHARLOTTESVILLE DISTRICTS , wow STAFF REPORT VA-79-27. Bennington Limited Partnership Tax Map: 61 Parcel: 42A Zoned: R-3 Existing Activity Child care center - SP-79-08 Proposed Variance The applicant requests relief from section 6-3-1 of the Albemarle County Zoning Ordinance to allow a temporary directional sign to be located near the right-of-way. The 30 foot setback would put the sign in the woods. Temporary access to the house is through Westgate Apartments. No one would be able to find the house if the variance is not granted. Teh sign of 4 square feet would be placed at Georgetown Road entrance to Westgate Apartments. Zoning Ordinance Requirements All structures, except signs advertising sale or rent of the property, shall be located thirty (30) feet or more from any street right-of-way. (Amended 3-29-78) Staff Recommendations The character of the woods and roads would made a 4 square foot sign with a 30 foot setback senseless. Staff recommends approval for traffic safety and for proper identification with the following conditions: 1. The variance runs with the applicant only 2. The variance is good only for one year whereupon it must be renewed.