HomeMy WebLinkAboutVA198700075 Application 1987-10-26 (6i" ALA _VA- - (1 -- 75
-�`7 .'•1LE NUMBER
APPLICATION FOR:
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am . ,:
I VARIANCE ' ��� DATE SUB ITT
(_, S• PECIAL USE PERMIT 177 4- . 5oo0
❑ REZONING //"__ EE PAID see reverse)I1` ?% (
❑ Z• ONING TEXT AMENDMENT \U ).co Y1
__.I MOBILE HOME DATE OF P IM C NF.
❑ HOME OCCUPATION ..JY\QyA ,
ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF.
OWNER (as currently listed in Real Estate)
Name Seville Associates Phone (804) 977 -3300
Address Quality Inn, Rt. 9 Box ,428, Charlottesville, VA 22901
APPLICANT (if different from owner)
Name Phone ( ) -
Address
CONTACT PERSON (if different from above) g0a 977_ 3300
Name Walter N. Alford, Pres . The Alford Corporati8ne ( l
of Virginia Agent, Seville Associates ill-i$oo
Address Same as above
LOCATION• Route 250 East I-64
TAX MAPB/PARCEL-NUMBERS (use reverse if needed) - - -
1.
Z. - - - 4.• - - -
EXISTING ZONING 78-60A Rura lPRO.FFERED? Yes - No - Acreage if different
DESIRED ZONING H-C PROFFERED? Yes _ No _ Acreage if different
FISTING USE 78-60A Motel Parking Lot
PROPOSED USE Motel Parking and related facilities
ORDINANCE SECTION(S):
DESCRIPTION OF REQUEST: Variance of 50 feet set back of Motel improvements
to a zero setback o7 Motel 'improvemer1ts along 9 . O oot rear property
linebt 'Elizabeth J. Washington. Tax Map # /8. 35
JUSTIFICATION FOR REQUEST: Existing Motel and Motel parking lot has
been in existance for past 15 years on /b-bu and /6-bUA. owner
desires to construct 3 level building structure with 1st level and ,
top level parking on grade with existing Motel parking lot. 2 floors
in cavity between parking levels to be convention, fitness and
related motel facilities. (SEE ATTACHED SHEET)
• The foregoing information is complete and correct to the best of my
knowledge. I have read and understand the provisions of the Albemarle County
Zoning Ordinance applicable to this application.
• Signed Date 70 -Z .- , 198-
,, rnntract Purchaser, Agent)
VA-87-75. Seville Associates (owner) , property known as tax map
78, parcel 60A , located southeast of the intersection of Rt. 250
east and Interstate 64, zoned HC. The applicant seeks a variance
from sections 4. 12 . 7 . 2 and 21. 7 of the Albemarle County Zoning
Ordinance to reduce the number of loading spaces required for a
new commerical structure from eight (8) to zero (0) , to reduce the
setback from a public street from seventy-four (74) feet to five
(5) feet, to reduce the setback from an adjacent Rural Areas
District from ninety-four (94) feet to zero (0) feet and to reduce
the buffer area required adjacent to a Rural Areas District from
twenty (20) feet to zero (0) feet.
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JUSTIFICATION FOR REQUEST: ( con't)
Topography of property is conducive to grade level parking
adjacent to motel and 3 story parking structure fronting on State
Front Road F-180 and U.S. Highway 250. Adaquate sewer facility
exist with a report to be provided by Environmental Systems ,
Ltd. . Adaquate water is available from existing wells located
throughout Motel properties.
l �
STAFF PERSON: RONALD S. KEELER
HEARINGS PLANNING COMMISSION: DECEMBER 15, 1987
BOARD OF SUPERVISORS: JANUARY 6, 1988
ZMA-87-16 SEVILLE ASSOCIATES/ELIZABETH S. WASHINGTON
Petition: Seville Associates petitions the Board of
Supervisors to rezone 1 . 47 acres from RA, Rural Areas to HC,
Highway Commercial. Property, described as Tax Map 78 ,
Parcels 34 and 60A, is located in the southeast quadrant of
the I-64/Rte. 250E interchange in the Rivanna Magisterial
District.
SP-87-94 SEVILLE ASSOCIATES
Petition: Seville Associates petitions the Board of
Supervisors to issue a special use permit for a PARKING
STRUCTURE ( 24 . 2 . 2 . 12) on 0 . 87 acres to be rezoned from RA,
Rural Areas to HC, Highway Commercial. Property, described
as Tax Map 78 , Parcel 60A is one of two parcels subject to
ZMA-87-16 .
Character of the Area:
This rezoning is sought by the owners of the Quality Inn
which is adjacent to these properties . Other development in
the area consists of a well driller' s office and yard,
single family dwellings, and a small mobile home park.
Property across Rte. 250E is zoned HC, Highway Commercial
and has been subject of recent litigation involving a flea
market operation.
Existing Conditions ( See Attachment A) :
These properties are located between the Quality Inn and
Rte. 250E. Parcel 78-60 consists of 4 . 4 acres zoned HC,
Highway Commercial and is developed with the 100-unit
Quality Inn and restaurant. Parcel 78-60A, subject of this
petition and consisting of 0 . 87 acres, is developed with a
motel parking lot which covers about 2/3 of the site.
Parcel 78-34 , also subject to this petition and consisting
of 0 . 6 acres, is currently developed residentially. A third
parcel is located between the Quality Inn and Rte. 250E;
Parcel 78-35 , consisting of 0 . 3 acres and developed
residentially, would be bordered on three sides by HC zoning
if this petition is approved and would, therefore, in staff
opinion be clearly susceptible to HC zoning in the future.
Description of Request ( See Attachment A) :
This is a conventional rezoning as opposed to a proffered
rezoning request. While accompanied by a special use
permit, no representations made by the applicant are legally
1
binding. According to the applicant Parcel 78-34 under HC
zoning "would permit landscaping, water fountain, on-grade
parking, and an 80-foot beautification and buffer strip. "
The special use permit request is for a 3-story structure
which would provide ground-level and roof top parking. The
center two floors would be available for "convention,
fitness, and related motel facilities. " While not
rectangular, the structure would measure abut 130 feet by
290 feet in width and length.
Comprehensive Plan
The INTERSTATE INTERCHANGE DEVELOPMENT policies of the
Comprehensive Plan (Attachment B) recommend that the
Shadwell interchange of I-64 be considered for
interstate-oriented development including "highway service
businesses which primarily rely on the interstate traveller
as a market including hotels, motels, restaurants, " and
other such uses. Regional uses including convention centers
should also receive consideration. The Comprehensive Plan
identifies four urban interchanges to receive consideration
for such development.
At these interchanges the Comprehensive Plan does not specify
that areas susceptible to this policy be restricted to the
designated Urban Area. In the case of ZMA-81-20 Joe and
Sallie Gieck, the Board of Supervisors approved HC zoning
for 13 . 3 acres located outside of the Urban Area (and across
Rte. 250E from this current request) subject to a PROFFER
that the property be developed in accordance with uses
specified in the INTERSTATE INTERCHANGE DEVELOPMENT policies
which were pending Comprehensive Plan amendments at the time
(See Attachment C) .
STAFF COMMENT
4 Based on past Board action, staff opinion is that Seville
Associates rezoning request is susceptible to the INTERSTATE
INTERCHANGE DEVELOPMENT policies as well as general policy
to favor expansion of existing uses provided that such
expansion is not substantially inconsistent with the public
interest.
However, there are several aspects of this petition which in
staff opinion are either not favorable or should receive more
attention:
• INTERSTATE INTERCHANGE DEVELOPMENT policies also state
that "land in the vicinity of interstate interchanges
should be developed in a manner consistent with the
area in which it is located. " More specifically,
"maintenance of functional and aesthetic integrity
should be emphasized in review of applications for
development. Such review should occur in the early
2
4
stages of the development process ( i.e. - rezoning
petition, special use permit application) and should
address such matters as: control of access, use of
service road or reverse frontage development,
separation of access from interchange ramps and other
transportation planning concerns, landscaping and
buffering, setback, signage, building mass and height
and orientation in regard to aesthetic concerns. "
As stated earlier, this is a conventional rezoning
petition accompanied by a special use permit for the
garage/commercial structure. While the County can
impose conditions on the special use permit the County
cannot limit usage or otherwise condition the proposed
HC zoning.
• • INTERSTATE INTERCHANGE DEVELOPMENT policies are
explicit in recommendations as to access . Virginia
Department of Transportation has commented ( in part)
that "the Comprehensive Plan recommends that access at
this interchange be a minimum of 1, 000 feet before any
major intersection or commercial entrances. The
existing intersection of Rte. 1107 is only 375 feet
from the I-64 interchange. The Department does not
support any change in zoning that allows more traffic
than what is allowed by right. " ( See Attachment D) .
Also since Rte. 1107 is a state road improvements at
its intersection with Rte. 250E may be a public
responsibility as opposed to a responsibility of the
developer. The County Attorney should be consulted in
this matter.
• INTENSITY OF DEVELOPMENT in regard to the proposed
parking/commercial structure is also an issue . The
three story structure would provide about 75 , 000 square
feet of parking and 75 , 000 square feet of commercial
area. For a one-story structure, such development
would require about 32 to 4 acres as opposed to 0 . 87
acres under this request. In order to accommodate the
structure on this site variances from road setback and
RA setback will be considered by the Board of Zoning
Appeals on December 8 , 1987 . Special approval by the
Planning Commission for development on steep slopes
would also be required.
Staff would define "overdevelopment" as case requiring
special approvals, reduced design standards or other
exceptions to accommodate development which exceeds
normal limitations, where such exceptions are
occasioned by intensity of development as opposed to
provision of reasonable use of the land.
• UTILITIES should also be included in discussion of
intensity of development. Seville Associates has
3
stated that "adequate sewer facility exist( s) with a
report to be provided by Environmental Systems, Ltd.
Adequate water is available from existing wells located
throughout Motel properties. " The report by
Environmental Systems, Ltd should be submitted for
review and comment by the County Engineer and Virginia
Department of Health. Expansion of the sewer system
will require Board of Supervisors approval under
Chapter 9 of the Code of Albemarle County) . The
Albemarle County Service Authority has confirmed that
in past years and frequently, water has been trucked to
the motel to supplement on-site supply.
The combined acreage of the existing motel site and
properties proposed for rezoning is 5 . 87 acres.
By-right water withdrawal for an industrial use on 5 . 87
acres would be about 2, 350 GPD. Employing Health
Department standards, water usage for the motel
(excluding existing restaurant and proposed 75,000
square feet commercial addition) would be 13 ,000 GPD at
full double occupancy. The Fire Officer has stated
that the proposed construction will require fire
sprinkler protection of the building which will
occasion need for a substantial on-site storage
facility. Height, siting and other issues of such a
storage facility should be addressed under aesthetic
considerations outlined in the INTERSTATE INTERCHANGE
DEVELOPMENT policies.
For years, staff has maintained that private central
utility systems generally become public budens. This
site is within Albemarle County Service Authority' s
service area for "water only. " Public water should be
extended to the site with any substantial development.
SUMMARY AND RECOMMENDATIONS
Staff opinion is that Seville Associates requests are
susceptible to the INTERSTATE INTERCHANGE DEVELOPMENT
policies of the Comprehensive Plan as well as more general
policy to permit expansion of existing uses. However,
several issues should be resolved:
• Full compliance with recommendations of INTERSTATE
INTERCHANGE DEVELOPMENT policies
• Access and access improvements
• Intensity of development and "overdevelopment"
• Utilities
It may be that some of these concerns cannot be adequately
addressed. Additional review should not be deemed as
4
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indicative of future staff recommendation. Given the
current posture of these petitions, staff cannot support
either the rezoning or special use permit requests . Staff
recommends denial.
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SECTION 78-8 V -�-
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20L 7D�Om — VA-87-75 Seville Associates
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MARTIN & MARTIN
ATTORNEYS AT LAW
415 FOURTH STREET. N E
SUITE 100
CHARLOTTESVILLE.VIRGINIA 22901
January 7 , 1988
LEWIS A MARTIN JF TELEPHONE 296-4151 1
LEWIS A MARTIN. III AREA CODE 804
Mr. Walter N. Alford
The Quality Inn
Route 9 , Box 428
Charlottesville, VA 22901
Re: Seville Associates rezoning requests SP-87-94 and ZMA-87-16
Seville Associates variance request VA-87-75
Dear Mr. Alford:
This will confirm our telephone conversation concerning Mrs. Elizabeth
Washington's position with regard to the above referenced zoning matters
presently pending before the Albemarle County Planning Commission and
the Albemarle County Board of Zoning Appeals.
In consideration of the fact that Elizabeth Washington (Washington) will not
oppose the above referenced requests, the Alford Corporation and Seville
Associates, a Virginia Limited Partnership, (hotel owners) agree to the
following:
(1) Maintain the hill above the concrete retaining wall between the
Washington property and the hotel owners' property in a neat manner.
(2) Expand that portion of the Washington driveway on Parcel 34
of Tax Map 78 and the entrance to that portion of the driveway from the
private road; pave with bituminous paving the entire Washington driveway
on both Parcels 34 and 35 and construct a mutually acceptable curb to stop
water from flowing over the paved drive onto the lawn of the Washington
residence along that portion of the driveway adjacent to the concrete
retaining wall. These driveway improvements will be done at such time as
the hotel owners pave the North Hill Road.
(3) Construct any structure on Parcel 60A so that any wall facing
Parcels 34 and 35 is made only of brick.4"
(4) Landscape the boundary between the parcels designated in 3
above with tall slim line trees mutually acceptable to Washington and the
hotel owners. Such landscaping shall run in a line from a mutually
acceptable point northeast of Parcel 35 and continue along the boundary
line between Parcels 60A and Parcels 35 and 34, stopping at the
northeasternmost point on that line where the hotel owners could have
paved Parcel 34 in accordance with a lease dated October 15, 1987 between
Washington and Seville Associates.
(5) Execute the addendum to the October 15, 1987 lease attached
to this letter.
El
� ..
Mr. Walter N . Alford
Page 2
January 7 , 1988
(6) Execute an addendum to the lease reflecting the provisions of
paragraphs 1 through 4 of this letter as soon as hotel owners have
completed plans for construction of improvements on Parcel 60A, but before
improvements have begun.
All references above refer to Parcels 34, 35 and 60A on Albemarle County
Tax Map 78 as shown on a survey of Roudabush, Gale and Associates,
Inc. , C.L.S. dated April 24, 1987 , which is attached to the above
referenced lease.
If these provisions are acceptable, please sign a copy of this letter and
return it to me.
Sincer ly,
c..t.- -; atiLf
Lewis A. Martin, III
LAM:etb
cc: Mrs. Elizabeth J. Washington
Mr. George W. Reaves
The Alford Corporation and Seville Associates, a Virginia Limited
Partnership, accept the provisions of this letter and for the consideration
Istated herein agree to perform the same.
SEVILLE ASSOCIATES, a Virginia
Limited Partnership
By: - - z
, /kWalter N. d, Agent
THE ALFORD CORPORATION
, 7-7 7,,,1
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B ':ft/C-
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Walter N. Tford, President
JAN 12 1988
ALBEMARLE COUNTY
ZONING DEPARTMENT
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CHARL_OTTESVILLE VIRGINIA
OWNER: EVILLE ASSOCIATES
MANAGERS: THE ALFORD CORPORATION
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