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HomeMy WebLinkAboutVA199100016 Action Letter 1991-04-17 �s of AL ./r • , COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 April 17 , 1991 Don Wagner P. O. Box 5526 Charlottesville, VA 22905-0526 RE: Board of Zoning Appeals Action Tax Map 60A1, Parcel 30 Dear Mr. Wagner: This letter is to inform you that on April 16, 1991, during the meeting of the Albemarle County Board of Zoning Appeals, the Board unanimously approved your request for VA-91-16, subject to Planning staff approval of landscape plan which provides screening of the building from Georgetown road. This variance approval allows relief from Section 18 . 3 of the Albemarle County Zoning Ordinance to reduce front setback from new right-of-way on Georgetown Road to proposed apartments, from 25 to 17 feet. If you have any questions, please contact our office. Sincerely, Amelia M. Patterson Zoning Administrator AMP/sp 1 ��ff rit i COMMONWEALTH of VIRQINIA DEPARTMENT OF TRANSPORTATION P.0.BOX 2013 RAY D. PETHTEL CHARLOTTESVILLE,22902 D. S. ROOSEVELT COMMISSIONER RESIDENT ENGINEER April 8, 1991 VA-91-16 Ms. Amelia Patterson Zoning Administrator County Office Building 401 McIntire Road Charlottesville, VA 22901 Dear Ms. Patterson: Reference is made to the application before the Board of Zoning Appeals regarding the set back required on the property owned by Westgate Limited Partnership. This property is on the southeast corner of the entrance to the Barclay Place development. While this development will generate a rather large volume of left turns from Georgetown Road into the development, this volume was not sufficient for the Department to require a left turn lane. During the site plan development, however, the developer agreed to widen Georgetown Road and create a left turn lane as well as a right turn lane into the site. It appears that the developer's problems with meeting the County set back requirement are as a direct result of dedicated right of way for the additional turn lanes. While the left turn lane will certainly improve access to the development, I believe it is of more far reaching significance in improving the traffic flow on Georgetown Road. It was not the Department's intent to reduce the developer's ability to develop his property when he volunteered to construct the left turn lane at his own expense along Georgetown Road. From a transportation point of view, I would recommend that this waiver be granted to facilitate the proper handling of traffic at this specific location and to better assure that future improvements of this nature can be obtained on a1-1? volunteer basis from developers. Sittare.,71,, Yours truly, , cs z -j c1U ' �/ r ,c). APR 1��9J D. S. Roosevelt Resident Engineer DSR/smk uz r'/�i��AhEld7 cc: Don Wagner TRANSPORTATION FOR THE 21ST CENTURY � �g4hii ��fr COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P.O.BOX 2013 RAY D. PETHTEL CHARLOTTESVILLE,22902 D. S. ROOSEVELT COMMISSIONER May 10, 1990 RESIDENT ENGINEER Site Plan Review Meeting May 10, 1990 Items #1A - 3A Mr. Richarda E. Tarbell County Office Building 401 McIntire Road Charlottesvillle, VA. 22901 Dear Mr. Tarbell: The following are our comments: 1A. Barclay Place Entrance/Clubhouse Minor Site Plan Amendment, Route 656 - This plan should be in agreement with the Barclay Place Site Plan previously reviewed. The Department recommends the dedication of additional right of way and easements necessary for any entrance improvements along this property frontage. We also recommend this site plan not be constructed until the improvements and entrance upgrade on Georgetown Road are completed. This site plan has insufficient information concerning entrance improvements and right-of-way detail. Dimensions should be provided. 2A. Charlottesville Airport Office/Hangar Major Site Plan Amendment, Route 606 - The existing entrance is adequate for the circulation of the Phase 1C hangar and office building. Should the additional entrance on Route 606 be needed for this phase, the Department will need to review and approve turn lane and entrance dimensions prior to issuance of an entrance permit. 3A. Ivy Commons Final Site Plan, Route 250 W. - The Department requires that the drainage structure JB-1 located in the eastern entrance (shared with Duner's) be removed from the pavement. On previous plans, this structure was located out of the pavement, in the proposed shoulder area. Yours truly, D. S. Roosevelt Resident Engineer By: A. . Tucker Ass't. Resident Engineer AGT/ldw TRANSPORTATION FOR THE 21ST CENTURY $CLASS,TueAd, Public Hearing April 16, 1991 . . .The Albemarle County Board of Zoning Appeals will conduct a public hearing on the following variance request on Tuesday, April 16, 1991, at 4 : 00 PM, in Meeting Room 7 , 2nd Fl, County Office Building, 401 McIntire Road, Charlottesville, VA: 1) VA-91-16 . Westgate Ltd. Partnership (applicant) . Property on E side of Georgetown Rd (Rt 656) , just S of Westgate and N of Georgetown Ct, Zoned R-15, Residential with SP, TM 60A1/P30. Applicant seeks reduction in front setback from new right-of-way on Georgetown Rd to proposed apartments, from 25 to 17 ft. \qlr\ All applications are available for review in the Albemarle County Zoning Department, County Office Building prior to the public hearings . \qlr\ Bill to: Albemarle County Zoning Department 401 McIntire Road Charlottesville, VA 22901-4596 Account Number 004556-14 Date: March 29 , 1991 Dates Run: April 2 and April 9 , 1991 STAFF PERSON: Amelia Patterson PUBLIC HEARING: April 16, 1991 STAFF REPORT - VA-91-16 OWNER: Encore Investors Limited Partnership APPLICANT: Westgate Limited Partnership TAX MAP/PARCEL: 60A1/30 ZONING: R-15, Residential with SP-78-22 and SP-86-47 ACREAGE: 0. 958 acres LOCATION: On the east side of Georgetown Road (Rt. 656) , just south of Westgate and north of Georgetown Court. REQUEST: The applicant requests relief from Section 18 . 3 of the Albemarle County Zoning Ordinance, which states: "18 . 3 AREA AND BULK REGULATIONS Yards, minimum front, 25 feet" The applicant seeks a reduction in front setback from a new right-of-way on Georgetown Road to a proposed apartment building, from 25 to 17 feet, a variance of 8 feet. The property is proposed to be developed as a portion of Barclay Place site plan amendment. Final approval/signature of the plan is pending this action. This plan was originally submitted in October, 1989 . Other phases of the plan submitted earlier include Westgate V and the Commons at Georgetown, currently under construction. This plan proposes one building of 12 units, which side along the Georgetown Road frontage and face onto the parking lot. Drainage improvements along this section of Georgetown have been studied for several years. Apparently, there are problems needing correction which currently exist. Originally, the Virginia Department of Transportation indicated that drainage improvements could be completed with the existing right-of-way and additional drainage easements. Recently, their position has changed to requiring right-of-way dedication. This shifts the property line such that the proposed building will not conform to front setback requirements. The applicant's justification includes: 1. The building can not be shifted to meet setbacks without loss of planting area and units. Presently one-half the units are small : one bedroom. Staff Report - VA-91-16 Page 2 2 . The drainage improvements will benefit the general public, and not solely this developer. Therefore, the developer shall not bear the entire burden. 3 . There is no effective physical change to the development based on fee-sample dedication as compared to easements. RECOMMENDATION: Staff concurs with the applicant's justification. Planning staff recommends approval and comments. 1. It was not anticipated that Virginia Department of Transportation would not accept the easement for the paved drainage ditch. Therefore, the required right-of-way dedication is in the nature of a condemnation. 2 . A variance would not allow the building to be closer to the actual roadway at Georgetown Road. It is unfortunate that this right-of-way requirement arose so late in the development review process. In order to avoid any unfavorable precedence, this case should be distinguished from others where requirements such as dedication occur early enough to be incorporated, or serve only the development and not the general public. Staff recommends approval for cause: 1. The applicant has provided evidence that the strict application of the ordinance would produce undue hardship; 2 . The applicant has provided evidence that such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3 . The applicant has provided evidence that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. Staff recommends the following conditions: 1. Planning staff approval of landscape plan which provides screening of the building from Georgetown Road. **NOTE: ** The current landscape plan proposes both Evergreen trees and shrubs in this area.