HomeMy WebLinkAboutVA198800020 Application 1988-03-18 I
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ALBEMARLE COUNTY •' .
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Tax Map 60A1, Parcel 29 & 35
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CIVIL ENaiNEERING ,ILAhd SVAVtYlN° sod LNND ;hANNINB
CHARLOTTE IVILLE , VIRSINIA
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EXHIBIT "C"
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COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5823
June 18, 1987
Sharon Jones
64 Oak Forest Circle
Charlottesville, VA 22901
RE: SP-87-24 Sharon Jones
Dear Mrs. Jones:
The Albemarle County Board of Supervisors, at its meeting on June
17, 1987, approved the above-noted request for a special use
permit authorizing expansion of the Old Dominion Day School from
a licensing capacity of 75 children to 325 children. The
additional enrollment would be housed in a new DAY CARE CENTER
( 18.2.2.7) to be constructed adjacent to the existing school
facility. Property, described as Tax Map 60A1, Parcel 29 (part
of) , consists of 0.743 acres zoned PRD, Planned Residential
Development and is located adjacent—'to Westgate Apartments on
Georgetown Road (Route 656) in the Charlottesville Magisterial
District. Please note that this approval is subject to the
following conditions:
1. Compliance with 5.1.6 of the Zoning Ordinance which requires
among other things licensure by the Virginia Department of
Welfare;
2. Combined enrollment of existing and proposed facilities
shall not exceed 325 children;
3. Site Plan approval;
4. Virginia Department of Transportation approval of access to
Georgetown Road.
If you have any questions, please do not hesitate to contact me.
Si rely,
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J n ,T. P. Horne
ector of Planning & Community Development
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ODD Dominion DY SCHOOL `="141'i
CENTRAL OFFICES
400 GEORGETOWN RD. �`.�►� ,
CHARLOTTESVILLE, VA. 22901 C. 1 ;7".61W
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977-0511
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TO: !members of the Board of Zoning Appeals
FROM: Sharon L. Jones, Administrator
RE : A Variance on parking space requirements
DATE: March 17, 1988
When Old Dominion Day School was first granted a Special Use
Permit in 1979, the parking requirements placed upon that Location
were 1 parking space for every 2 staff members and 1 parking space
for every 10 children. (See attachment . ) In planning the new
facility, we had used this formula as a basis for adequate parking.
In providing the site plan for the current Old Dominion Day School
expansion, it has come to my attention that parking space requirements
have changed.
We request a variance be granted to change parking space
requirements for the expansion of OLd Dominion Day School from
48 to 42. This request is being submitted for the following
reasons :
1 . Old Dominion Day School is a Licensed child care center . Parents '
working schedules vary. Parking spaces for student/parent use
are used daily for brief periods and at different times of the day .
2. Parent conferences are scheduled on an individual basis, Limiting
the needed number of parking spaces for such functions .
3 . Special evening activities are done on a classroom basis . The
maximum classroom group would be 24. Therefore, the average number
of parking spaces would be 28 for parents and staff .
4. The present parking for OLd Dominion Day School has been workable
for the past eight years . Parents normally have ignored parking
in the parking Lot because the brief time required to sign-in and
sign-out their children is a quick trip, and they have opted to
use their own type of drive-up/drop-off method.
5. The parking spaces provided were considered on the "toughest
enrollment scenerio" - what if. . .kind of thinking based on the
center operating at it's top capacity with the most stringent
ratios for staffing. It would be most unlikely that this fullest,
most stringent enrollment will occur.
Therefore, we respectfully request this variance be granted.
j� � j
ATTACHP"PNT A
Conditions ofSP-78-22 ( Condition_ 1-4 from original aTproval )
Site plan approval;
, 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 pr ovided_access oly_through Georgetown Road;
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6. At such ime 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;
pThe 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
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;
1. -Conditions 7a, 8, 9, and 10 shall be met prior to the opening of the day care
center.
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FILE NUMBER
APPLICATION FOR: • a
(check one) ~ � C' Iv.arch 18 , 1988
3VARIANCE Uu.410m. DATE SUBMITTED
L. SPECIAL USE PERMIT -ter
❑ REZONING 1 �P FEE PAID (see reverse)
❑ ZONING TEXT AMENDMENT IRGII`��
❑ MOBILE HOME DATE, O� LIM CONF. •
❑ HOME OCCUPATION7141/01
❑ ACCESSORY TOURIST LODGING STA&F AT/PRELIM. CONF.
OWNER (as currently listed in Real Estate)
Name .rt .V . ons_ ,L . t ..` ichardson,F .j; . Vogler- by *Phone (Q) -4.14-t
Charles Rotgin (Atty-in-Fact)*
Address 2619 Hydraulic Rd. ,Charlottesville .Va . 22901
APPLICANT (if different from owner) (Contract Purchaser)
Name Charles R. (-. Sharon L. .Tone:; Phone (E1.) 9_7_3,-2587
Address `'4 Cak a'orest Circle ,Charlottesville ,Va. 22901
CONTACT PERSON (if different from above)
Name Phone ( ) -
Address
LOCATION: rExtenziOnn of Old T'ominion Day School.4.00 Ceor€ etown
Parcel "Y"on att' d Plat 3/7/88 by
TAX MAP/PARCEL NUMBERS (use reverse if needed) B. Aubrey Huffman e& Assoc . ,Ltd.
1. 7-0-Z.. L aP 29�par_tae3- - -
2. Tax Bap 6o-A 1_ �'zrcei 2.5_,gart of4.and _part of-ir ;/ess._ & egie,,sa aa,Dement
EXISTING ZONING hi5 PROFFERED? Yes No :1- Acreage if different 0 . c358 Ac .
DESIRED ZONING PROFFERED? Yes No Acreage if differe t
(Moke:
EXISTING USE Cone 3 s 1t4��►aa c2� '`LO 2 •
PROPOSED USE Extension of existing Day Care .Special Use Permit €ranted.
ee Exhibit "C" to real estate contract attached hereto .
ORDINANCE SECTION(S): 4-.12 . 6 .6 .2 (Day Care Center.Nursery School)
DESCRIPTION OF REQUEST: Variance to above Ordinance for 6 parking 9.pac,es
( 42 in lieu of 48)
JUSTIFICATION FOR REQUEST: See attached letter to I embers of the Board
of Zoning Appeals dated Carch 17 ,1988
4 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 Ordin )Ce applicable tco is application.
• Signed Date _ / , 198
( , Contract Pia ch ser.S :fit)
VA-88-20. R. V. Long (owner) , property known as tax map 60A1,
parcels 29 & 35, located at 400 Georgetown Road, zoned R-15. The 1
applicant seeks a variance from section 4. 12 . 6. 6.2 of the
Albemarle County Zoning Ordinance to reduce the number of parking
spaces required for a daycare center from forty-eight (48) spaces
to forty-two (42) spaces.
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44
c), Bo rd f ng Apo is Date: / / Action:
4 Ii
REAL ESTATE CCPJTRAC9 GF PURCHASE
his CONE r:AC , made this 29th day of February 1988 , Ly and
between ' orrest r.. . Vogler, kaymond V . Lon:•. , Jr. , r onald k .
.dchardson (hereinafter referred to as "Seller" ) , Charles
and Sharon L. Jones , husband and wife , (hereinafter referred
to as "Furchaser" ) and Kenneth 1:. IrkenVrack (hereinafter
referred to as "Broker" ) . ,
4 :[ h
' hat for and in consideration of mutual promises and covenant;:
hereinafter set forth, Seller agrees to sell and Purchaser a rees
to buy the real property hereinafter described , to,. ether with all
improvements thereon and all appurtenances thereto belont .in, ,
located in Albemarle County, Virginia (hereinafter referred to
as the "Property" ) , to wit:
All that certain lot or parcel of land , estimated by ..eller to
be 22 ,465 square feet, with improvements and fixtures thereon ,
shown in Exhibit "A" hereto, and further described and outlined in
red as Parcel 29 , part of Parcel 35 and a section of the "Access
Easement" on a Survey by B. Aubrey I-[uffman"&: Associates ,Ltd . ,dated
July 14,1983, attached hereto as Exhibit "B" .
1 . Purchase Price .On the basis of a minimum availability of
22 ,465 square feet* , Purchaser aE',rees to pay Seller the sur.1 of
a:; follows:
Earnest Money Deposit, receipt (check) of which
is hereby acknowled{fed by Croker
Cash at closing
Total Sales Price*
i'- :additional land disclosed by survey to be included in sale
at no increase or chanpe in Total ;.',ales- ' rice
2 . Special Conditions of Sale: It is the intent of the }'urchaser
to use this Property as an extension of their curr•er t day care
business known as "Old Dominion Day School, Inc. , " Therefore , this
contract is contin? ent upon Purchaser
the following_ at its sole expense ( except for ? (f) :
(a) A financial commitment for the entire project ( the proper• t,:%
bein( purchased hereby as well as the new day care to be
constructed ) con;3istink, of a conatrue Lion loan folluvwd b , p maner, I.
financin. . Purchaser aErees to invest up to 20; cash and equit;
into the project and secure a convey t i oral loan for i�f L� 1 it r:c
at an adjustable rate with an initial rate not exceeding
10 per year, amortized over a term of 20 years
(b) Those approvals and satisfactorily meeting those conditions
set forth in the County of Albemarle' s letter to Purchaser dated
June 18, 1987, attached hereto as Exhibit "C " .
(c) Reasonable conditions of site plan approval which, in the
sole opinion of Purchaser, does not prove to be financially
prohibitive to the Purchaser.
(d) Assurances that such utilities as water, electricity, as ,
sewer service , T .V. cable, and telephone will be made available
to the Property; and that no evidence of radon gas is present .
(e) Any other approvals, requirements or waivers needed in order
to develop and use the Property as a Day Care Facility.
(f) A Survey showing that the Property contains a minimum of
22 ,465 net square feet.
In the event that any of the above purchase contingencies cannot
be removed or satisfied by April 2 ?,1988, the Purchaser,at his
option, and by furnishing the Seller written notice , may declare
this contract null and void, without penalty to Purchaser, and
Earnest i,,oney Deposit will be returned to Purchaser.
3. Closin&and Possession. Upon execution of this contract, Purchaser
shall diligently proceed with the required actions to remove and/or
satisfy those purchase conditions cited above . settlement will be
made at the office of Purchaser's attorney on or before h,ay 2 , 1988 ,
or as soon thereafter as title can be examined and necessary documents
prepared . Possession of Property shall be given at settlement.
4. Inspection .Purchaser agrees to accept the Property at settlement
in its present condition. Seller agrees to deliver Property in its
present condition and to exercise reasonable and ordinary care in
the maintenance and up keep of the Property until settlement.aeller
grants to Purchaser or his representative the right to make
presettlement inspections.,
5. Risk of Loss. All risk of loss or damage to the Property by fire ,
windstorm, casualty or other cause shall be assumed by ;eller until
closing.
6 . Conveyance . Seller agrees to convey the property by a General
Warranty Ueed, subject to all easements, rights of way, covenants ,
reservations, restrictions and other matters of record' rot adver.selY
affecting the use of the Property as a Pay Care Pacility. he
Property shall be free of all liens, tenancies , most( ages and
encumbrances . Before closing , Purchaser shall be entitled to e <amine
the title to the Property, and in the event such title examination
revcf'1s any defect in title which would render the title as un-
marketable , or any easements , rights of way, covenants , reservations,
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restrictions or other matters of record which adversely affect the use •
of the property as a Lay Care Facility, lurchaser shall promptly
disclose all such information to the Seller and closing, shall be
postponed while Seller employs his best efforts to correct or remedy
said defects. If such defects cannot be remedied within thirty ( 30)
days of Purchaser' s notice , lurchaser shall be allowed to declare
this contract null and void and recover his earnest money deposit,
or he may elect to waive said defect and proceed with closinp .
7. scads . The development of the planned expansion cf orninion
ray School will require at a minimu the construction of an improved
access road in the access easement serving, the l roperty and the wio enin
of iTeor, etown Road to provide a left turn lane into said a2ces5 road .
Seller warrants that the land required to provide said lefi turn lane
is not a part of the Property beir_ :, purchased hereby. Also , Seller
at rees that the construction of said left turn lane and the improved
access road will be at Seller' s e-Terse . Purchaser shall share in the
rair.terance of said access road in accordance 1:ith terr• s of the
deed for the e.:i •tin;: Cl(f
E . Lefault ,_Time_ Is Of The Essence. In order for the Purchaser to
meet certain critical time requirements , it is imperative that
Seller obtain Final Approval from the Virginia Lepartment of
Transportation of the Access Road and Entrance .Jay for Cld Lominion
Day School and neighboring properties as soon as possible...:o this
end , Seller will provide a desiFn for this road and associated
• improvements to :�eorr etown :;oad to be submitted with and as a part
of Purchaser' s Site T•lan. his desif_n is to be e::ecuted and drawings
provided at Seller' s expense , and completed in time for submission
to Alberarle County on or before ►..arch 7,198e . Assumin.:_ approval of
said plans by April 26 , 1988 , Seller will complete said road work
for Purchaser' s and Purchaser' s Client' s use by July 15, 1908 . If
approval of Albemarle County and Virginia C epartment of '! ransportation
is not received by April 26,1903 , completion will be no later than
eighty (80) days following receipt of said approvals, provided
however, that approval is received no later than Aui_;ust1 , 19f)8 .
Further, Seller to provide Survey of the Property and obtain approval
of, as well as record, the Sub-Division Plat of the Property. Sub-
r-ivision approval to be requested of Albemarle County on or before
larch 7,1988 and pursued in accordance with the time schedule for
approvals as published by Albemarle County.
If Seller is unwilling or unable to meet the aforementioned deadline
dates, Purchaser may declare this contract to be null and void and
may be entitled to the return of its earnest money deposit. If I-'urchasf
has not received approvals or waived all conditions in this contract
by 1,:ay 10 ,1988 , Seller may- declare contract null and void and Purchase'
may be entitled to, return of earnest money deposit.
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9. :easements. It is understood and agreed that new utility easements
may be required both through the Seller' s property and the Property
purchased hereby. Such easements will be granted at no cost to
either party so long as such easements are within the lot line
setback requirements set forth by Albemarle County. In addition ,
both parties agree to redefine the existing access easement shown
on Exhibit "B" so that the northeastern boundary of the access ease-
ment is coincident or parallel with the southwestern boundary of
the Property purchased hereby. Also, Purchaser agrees to J:rant
at no cost a twenty (20) foot wide easement for a water line across
Parcel E as shown on Exhibit "B" at approximately the location
marked . Said easement to be for the benefit of either seller or the
Albemarle County Service Authority at Seller' s sole discretion.i.urther,
Seller agrees to secure at no cost to Purchaser an easement for a
natural gas line within the front yard setback of Parcel 30 , 1 ay hap
60 A 1. Other easements may be granted as mutually agreed to by both
parties. Costs associated with preparing and recording said easements
shall be borne by the. parties benefiting thereof.
•
10 . Settlement Costs and Expenses. Seller shall pay the cost of
preparation of the General Warranty Deed, cost of Survey and record-
ing Sub-Division Plat,• grantor' s recordation tax, Seller' s pro rata
share of 1988 real estate taxes, cost of furnishing water and sewer
service to the Property, all amounts necessary to convey title
free and clear of all liens and indebtedness,and Seller' s attorney' s
fees. Purchaser shall pay all costs associated with the conditions
of purchase cited in paragraph 2 . hereof (except where noted herein
to the contrary) , Purchaser' s attorney' s fees, real estate commission ,
and all recordation costs other than the recordation ta:. attributed
to the Seller above .
11. Tax Free Exchange..Purchaser acknowledges that Seller may wish
to transfer the Property as part of a tax-free exchange under
Section. 1031 of the United States Internal Revenue Code and agrees
to cooperate to facilitate such an exchange so long as Purchaser' s
position is not jeopardized thereby and all extra expenses incident
to such an exchange are borne by Seller. This provision shall be
reciprocal should Purchaser decide to utilize such a tax-free exchang.e .
12 . Commission. At closing, Purchaser shall pay a real estate
commission in the amount of Jo Broker for services
rendered .
13. Storm Jater retention Basin .INo storm water deten Lion basin s gall
be placed on the Property except for the sole purpose of the
Purchaser' s use of the Property.
14. Agents . Seller acknowledges that Purchasers are licensed
Realtors and Real Estate Agents in the Commonwealth of Virginia .
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15 . Governin _Law. This contract shall be interpreted and construed
according to the laws of the Commonwealth of Vir.ir.ia and shall be
binding upon and shall inure to the benefit of the heirs ,personal
representatives, successors and assit_ns of the parties .
16 . Additional Land . Confirming a prior agreement and in consideration
of one dollar ($1.00) , the receipt of which is hereby acknowleded ,
Seller agrees to cause to he conveyed to Purchaser the trianular
shaped segment of land approximately some 9 ,000 square feet . Laid
land is identified in paragraph 4) (b) under Special Conditions
of the Sales Contract dated April 6 , 1979 between Purchaser and
Bennington Limited Partnership, pertaining to the purchase of the
property which is now Cld Dominion Day School .
17. Site and Architectural Plan Review. Purchaser atrees to coordinate
the development of the site and architectural plans with Seller.
In this retard , Seller' s participation shall be limited to the
parking area ingress and egress locations in the case of the site
plan and reaching a mutual agreement before closing'; as to the
building facade in the case of the architectural plan . purchaser
shall provide Seller with sketches of the proposed facade prior
to Parch 21,1988 .
18 . r.'ntire Agreement. This contract represents the entire agreement
between the parties and may not be modified or chanced except by
written instrument executed by the parties.
19• Survival__After_ Closing . All agreements , representations and
warranties made by Seller and Purchaser herein shall survive
closing and delivery of the deed .
20 . Acceptance . If this offer is not accepted by Seller on or before
11: 00 March 4,1988 , it shall become null and void without
further action by Purchaser.
.4PfNi;SS the following signatures:
All
PURCHAS _,R Z 401 - SELLLh . /
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