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Home My WebLink AboutVA198900095 Public Notification 1990-04-26 4, , t- COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 26, 1990 Virginia Land Trust; Charles W. Hurt & Shirley L. Fisher, TRS Riverbend Limited Partnership Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that Herndon House Prop- erties, property described as Tax Map 78, Parcel 17G1, Zoned PDSC, Planned Develop- ment Shopping Center, has made application for VA-89-95, requesting relief from Section 4. 12.6.6.2 of the Albemarle County Zoning Ordinance, as follows: The applicant seeks a variance of Section 4. 12.6.6.2 to permit a reduction in parking requirements from 61 to 20 spaces. A public hearing will be held by the Board of Zoning Appeals on May 8, 1990, at 3:00 p.m. , in Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottes- ville, Virginia. This application is made available for your review in the Albemarle County Zoning Office, 401 McIntire Road, Charlottesville, Virginia. Sincerely, Of\inNa.) L - e 4 ��, . Amelia M. Patterson Zoning Administrator AMP/srp cc: VA-89-95 K" O v 3 ai 0 (--- 0 .0 ON 4-1CT, 4....., N n d 0 TJ a ro cli H / ctl U N W "b P4 w \ 0›, W C) W 4-) A O C7 6- i 4-i 0 Z O I H OC) .c ro w O U TJ 0 Ni RS U �) vow -- .,-4 RI . _-1 f-h 0) "C/ r" cli E • o +.) N U •+ C D C) W P4 4 'dSA \� C) i co () W U co •.-I fA I—I •� 4 ,— co m co a O o. M N 1 O fn (/) 3 3 w 3 W I- a I- 0) CO CA 0) co U W CC W = x W O J I J CC V) J 2' a a I- W a '- X Cr x n 2 x Cc C7 W C) W I- C.) W = x CC x N •. N_ Q -. V) N U > N U. a Q > V) U. > > C O O 1- CC J K J • LU G' C J co ~ LU LLI CC >- J M ~ >- J O CU ~ C.) 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Good Re: Variance Application, VA-89-95 Tax Map 78, Parcel 17G1 Dear Mr. Good: This letter is to inform you that your variance application, VA-89-95, will be heard during the public hearing by the Albemarle County Board of Zoning Appeals on May 8, 1990, at 3:00 p.m. , Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. It will be necessary for someone to be present to speak for the variance application. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/pan cc: Helen Parrish 414 Third St. NE Charlottesville, VA 22901 ,ofAL J "r' COUNTY OF ALBEMARLE Department of Zoning 401 Mclntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 March 16, 1990 Herndon Houses Properties Rt 1, Box 627 Taylorsville, NC 28681 Attention: Dennis W. Good Dear Mr. Good: Re:, Board of Zoning Appeals Action VA-89-95 Tax Map 78, Parcel 17G1 This letter is to inform you that on March 13, 1990, during the regular meeting of the Albemarle County Board of Zoning Appeals, your application for VA-89-95 was deferred to the next regular meeting on May 8, 1990, at 3:00 pm, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, VA. It will be necessary for someone to be present to speak for the variance application. If you have any questions, please contact our office. Sincerely, ar -1-1-a- 'Pr\ .14-1CC-31-) i) 1613 Amelia M. Patterson Zoing Administrator AMP/rg cc: Helen Parrish 414 Third St. NE Charlottesville, VA 22901 p1 p\� A/di ,,,,,,,, Jet_ ,, -,—,, ,„„„ *‘Lcet, " P, i i t`" ;LE _ 4596 4fijii it/ if i I I fi November t 4. , . .--- ,. (' ''/C; -1-4 ' 1 C:, '— Ms. Helen 414 Third _ _____, _.__._ Charlottesville, VA 22901 Re: Board of Zoning Appeals Action VA-89-95, Tax Map 78, Parcel 17G1 Dear Ms. Parrish: This letter is to inform you that on November 14, 1989, during the meeting of the Albemarle County Board of Zoning Appeals, the Board ruled to defer your application for VA-89-95 for 90 days, unless a potential tenant is secured prior to that date. The Board of Zoning Appeals requested additional information on a) specific uses, and b) the constraints to providing additional parking. If you have any questions, please contact our office. Sincerely, li) IM pu Amelia M. Patterson Zoning Administrator AMP/st cc: VA-89-95 CHARLES WILLIAM HURT VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 CHARLOTTESVILLE, VIRGINIA 22906 AREA CODE 804 TELEPHONE 979-8181 FAX 296-3510 November 8, 1989 County of Albemarle Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901 Re: Herndon House Properties Tax Map 78, Parcel 17G1 Gentlemen: Please note that I strongly object to the request of Herndon House Properties to reduce the parking requirements from 61 to 20 spaces on their property located on Tax Map 78, Parcel 17G1. I feel the required 61 spaces for this property zoned PDSC is necessary. Any reduction would result in parking over on my property. JYour tru y, �.. � -77 Charles W. Hurt CWH/sf 115)1WeitlIVITo 1.1 4..E NOV 9 1989 ALBEMARLE COUNTY ZONING DEPARTMENT GREAT EASTERN MANAGEMENT COMPANY, INC. POST OFFICE BOX 5526 CHARLOTTESVILLE, VIRGINIA 22905-0526 GENERAL OFFICE (804) 296-4141 PROPERTY MANAGEMENT (804) 296-4109 TELECOPIER (804) 293-5197 November 14, 1989 Max C. Kennedy, Esq. , Chairman Board of Zoning Appeals County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 Re: VA-89-95, Herndon House Properties, relief from on-site parking requirements. Dear Mr. Chairman: Riverbend Limited Partnership owns two parcels of approximately 1 acre each just west of the Herndon House Properties parcel. A site plan has been approved for a Tire Center on the parcel immediately adjacent to Herndon House, and the Pantops Children's Center is under construction on the next parcel. The Herndon House Properties parcel was originally developed as a furniture store with the 20 parking spaces required under the Ordinance for a furniture store of its size. To allow for future changes in use or expansion both the Tire Center and the Children's Center have parking in excess of that required by the Albemarle County Zoning Ordinance. If the variance for Herndon House Properties is approved and a business having a parking requirement greater than a furniture store occupies the space, the excess parking will spill over onto our two adjacent parcels and other nearby parcels (including the Pantops Shopping Center) to the detriment of the businesses operating thereon. Section 4 . 12 . 6. 6 of the Albemarle County Zoning Ordinance lists parking requirements for uses of both general natures (i.e. , "commercial uses of a retail character") and specific natures (i.e. , "furniture store") . It is our opinion, backed by extensive experience based requirements of anchor tenants, that the DEVELOPMENT • CONSTRUCTION • FINANCE • MANAGEMENT November 14, 1989 Max C. Kennedy, Esq. , Chairman Board of Zoning Appeals Page 2 ordinance requirements for shopping centers is approximately ten percent (10%) in excess or actual need. Using this as a guideline, and assuming no change in the present 20 parking spaces on site, we oppose any variance that would allow a use which would normally require more than 22 spaces as computed using the requirements of Section 4. 12 . 6. 6. Attached for the record is a history of the development of the Herndon House Properties parcel and our two adjacent parcels. Very truly yours, RIVERBEND LIMITED PARTNERSHIP By: Great Eastern Management Company General Partner By: gne , Pre9g1 Encl. cc: George H. Gilliam, Esq. HISTORY OF DEVELOPMENT APPROVALS SOUTH PANTOPS OUT PARCEL November 14, 1989 Riverbend Limited Partnership is the former owner and was the developer of the furniture store formerly operated as Herndon House. The property is within the area zoned Planned Development Shopping Center (PD-SC) for the Pantops Shopping Center, but it is not contiguous to the shopping center proper. Construction of a furniture store was approved in 1985 as Phase I of a site plan entitled "South Pantops Out Parcel" . When the furniture store site plan was approved in 1985 and, when the site plan for the adjoining Tire Center and Children's Center were approved in 1988, it was our understanding of Staff's interpretation of the Albemarle County Zoning Ordinance that the parking requirements on such a non-contiguous out parcel were based on the usage of the parcel . Accordingly, the site plan states that the building now owned by Herndon House Properties is a furniture store with a sales area of 8, 000 sq. ft . and a parking requirement of 20. In accordance with Zoning Ordinance requirements for Automobile Service Stations and Day Care Centers respectively, the parking for the Tire Center (which is not yet built) is based on the number of bays and number of employees, and the parking for the Children' s Center is based on the enrollment and employment of the Center. All parking calculations were made in accordance with our understanding of Staff's interpretation ofthe Zoning Ordinance, were so stated on the approved site plan, and were not questioned by Staff . The reason that we go into the above detail on the history of the parcel is that the variance request is for a variance from a 60 space requirement to 20 spaces . The 60 space figure is based on County Staff ' s current interpretation that since the parcels in question are zoned PD-SC the ordinance requires 5 .5 parking spaces per 1 , 000 sq. ft. of gross leasable floor area no matter what the use. This is a new interpretation. Under the interpretation which was used when our site plans were approved, the parking requirement could have been considerably more, depending on usage. For example, if the building were used for one business of a retail nature, 80 spaces would be required. If it were divided between two retail businesses, 105 spaces would be required. The ordinance requirement of 5 .5 spaces per 1 ,000 sq. ft . in a shopping center in a PD-SC is based on the assumption that there will be a diversity of uses which will require different levels of parking and which will have peak usages at different times. We do not believe that the 5 .5 spaces per 1 ,000 sq. ft . was intended to apply to non-contiguous out parcels too small to have such diversity, even those within a PD-SC zone. In fact, it is our understanding that the July 20 1988 Zoning Ordinance amendment which added the notation that the 5 .5 spaces per 100 sq. ft . applied to shopping centers in PD-SC districts only was intended to prevent small strip centers from qualifying. In order to provide for future expansion or change in use, both the planned Tire Center and the Pantops Children's Center have parking in excess of that required under either interpretation of the ordinance. In our opinion, the ordinance requires marginally more parking than is actually necessary, probably in the area of 10^%. We are not opposed to a 10% variance, but any further variance granted to Herndon House Properties which would allow a use that according to the ordinance would require more than 110% of the 20 parking spaces available would have an adverse impact on the adjacent properties and should not be allowed. 1-koYAL„4,, OMF,V �rRG1 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 November 3, 1989 Virginia Land Trust; Charles W. Hurt & Shirley L. Fisher, TRS Riverbend Limited Partnership Dear Ladies and Gentlemen: This letter is to notify you, as adjoining property owners, that, Herndon House Properties, property described as tax map 78, parcel 17G1, zoned PDSC, Planned Development Shopping Center, has made application for VA-89-95, requesting relief from Section 4 . 12 . 6. 6.2 of the Albemarle County Zoning Ordinance, as follows: The applicant seeks a variance of Section 4 . 12 . 6. 6.2 , to permit a reduction in parking requirements from 61 to 20 spaces. A public hearing will be held by the Board of Zoning Appeals on Tuesday, November 14, 1989, at 3 : 00 p.m. , in Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. This application is made available for your review in the Albemarle County Zoning Office, 401 McIntire Road, Charlottesville, Virginia. Sincerely, air41 irr)Pck-4, Amelia M. 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