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HomeMy WebLinkAboutVA199100016 Application 1991-03-28 11 (WA1,13 FILE NUMBER I ' o APPLICATION FOR: €41111riP141:;�(check one) .. �, 3 —ag-� f VARIANCE U ;,,, ___ DATE SUBMITTED ,..„ ❑ S• PECIAL USE PERMIT '�z, x tL �p j J ❑ REZONING 'P PEE PAID (see reverse) ❑ ZONING TEXT AMENDMENT IRG-0.. ❑ M• OBILE HOME DATE OF PRELIM CONF. ❑ H• OME OCCUPATION . ❑ A• CCESSORY TOURIST LODGING STAFF AT PRELIM. CONF. OWNER (as currently listed in Real Estate) Day Name L NG oft :Z.J V S i 2(2S L-T4J J14-2Ti a k ai ,/' Phone ( )296- '(0 ( Address At2 ,gc c ( ac.t. c=, 0.� Z2 905 `"� cz6 APPLICANT (if different from owner) (&r./.1-=-4)Day� ( ►) 2�6 _ ��4� • Name (PE( TG({-Tc' G- -T.�/,�Zf k- 1Phone Address f,47(c 4' /1--.47`' u J CONTACT PE N (if di ferent from above) Daphone ( l) Zp6 ' Name d ,4--G.) d- Address .``9eZt; 2 c) jii LOCATION:-SL; p G ©!7--- C�c�AG c-=7--'-✓ /2-(7 / TAX MAP/PARCEL NUMBERS (use reverse if G needed) - - 2. o �t L - - SAC - 1)3Gc.::Q. 4. - - - EXISTING ZONING 't )� '4'. S PROFFERED? Yes ', No _ Acreage if different n L a DESIRED ZONN PROFFERED? Yes _ No _ Acreage if different (sea- `�‘\e_ \ -EXISTING USE -(OLe -1 c V/k A72- T PROPOSED USE /'od_-r-(04/ d2f= t,AG``4-K /0C`4-er= -AfW-7_i c=--- -Z- ORDINANCE SECTION(S) : I d .3 400 -Pc..--i4-e_c( LLp uf(. cr /2L�f L/�T(A-t' Ors �Z��(/ DESCRIPTION OF REQUEST: l2 o w .,. /rie v� Z 5- - ;v-- Qu j7) • ff < < -ram v JUSTIFICATION FOR REQUEST: G-%�� � '�`� �/44`ri )+,`Y,,,rcril--3T t7 V Del- j-- Vaa7 PR(' _i i/iidi/� 1,F/1 t=�.C. � [=,,''cG(7` (I " 174C.:::- P Le1A 1.-(L = /did Pt-c -AT" -Co?,4-rcrO d�_�Gam-?� /.pl.i .a i.( E 4,t r`7vy.�L tf 4 a 7- 12 C= c4 rt2ti 1 • The oregoing information is complete and correct to the best of my knowledg . I have read and understand the provisions of the Albemarle County Zoning Or • ance applicable to this application t i(���� S�T�� ` J - c t— fI's-'p t,=n-iy f ( / Date 2 91991. n✓A • Signed C� rx, fI I • orontract ur aser, Agent) c- U,-' Date Paid/ /61 1 Received By -2 / OC Fee $ L Notes: E A ck D e o A?c,\ a a nc-VA Site Review Date: _/_/ PLANNER: Recommendation: W Action: a Planning Commission Date: ___/_/ NI _/ / Action: H Board of Supervisors Date: C Board of Zoning Appeals Date: �/ ../3L Action: ARrt4dw ir ,,-, v-,a � /,1i1/t. L�.Z7 ... 44/20/r/ 474 HISTORY LEADING TO 4/16/91 APPEARANCE BEFORE BZA RE GEORGETOWN ROAD SETBACK FOR BARCLAY PLACE 4/15/91 SUMMARY OF HISTORY AND PRESENT SITUATION ( filename gtwnbza.bp) In conjunction with development of the Mowinckel and Ross properties along Georgetown Road, we have previously dedicated to VDOT for right-of-way a 5 ' wide strip approximately 1 ,000 feet long and have built a 12 ' wide turn lane approximately 500 ' long . We are prepared to dedicate the necessary land and build an additional turn lane approximately 140 ' long, then remark the pavement so that at the Barclay Place entrance Georgetown Road would have continuous through lanes in both directions plus right turn and left turn lanes . In conjunction with our project , VDOT will make improvements to the presently inadequate drainage along Georgetown Road . It had been our understanding for almost a year that construction of a paved ditch, which is a part of the VDOT work, would require a drainage easement from us . We were prepared to grant that easement , but VDOT now requires dedication of an 8 ' wide strip for the ditch. The result is that our planned buildings , which would still be 25 ' from the edge of the roadway , would be only 17 ' from the edge of the right-of-way area dedicated for the paved ditch and therefore in technical violation of the zoning ordinance which requires a 25 ' setback from the right-of-way . VARIANCE REQUEST We request a variance to allow a front yard setback of 17 ' from the new right-of-way vs . the 25 ' required by the ordinance. JUSTIFICATION FOR REQUEST The basic intent of the setback requirement will be met . The obvious purpose for the setback requirement is to keep buildings back from the street , and the setback from the edge of the roadway will not change . The purpose of the extra right-of-way is to accommodate the paved ditch. The variance will not have an adverse impact on adjacent properties or the public in general . Visual setback from the roadway will be unchanged. Landscaping between the building and the roadway will not change since the new right-of-way line will be almost exactly coincident with the easement for an existing sanitary sewer and trees are not allowed within the sanitary sewer easement . Further , given other development along Georgetown Road and the fact that considerable additional pavement has already been added on the Applicant 's side of the road, it is unlikely that any future improvements to Georgetown will move the road toward Barclay Place. On the contrary , it is more likely that the drainage ditch in question would be replaced by underground storm drainage. The need for the variance exists because the applicant has voluntarily agreed to participate in improvements which serve public needs , i . e . , improvements to the existing drainage situation and the creation of a left turn lane on Georgetown Road. This has been accomplished at considerable financial cost both for the roadway construction and the loss of building area which has required a smaller building than could otherwise be built by right . The applicant should not be further penalized by loss of a building site and more costly delays . Faced with that possibility the applicant could elect to withdraw the offer to provide the additional turn lane as it is not a requirement for site plan approval . JUSTIFICATION FOR REQUEST ( continued) Given a slightly different situation, i . e. that the buildings and turn lane were already in existence and VDOT desired to improve the drainage , VDOT would take the land by condemnation and no variance would be required. The situation is unique. After having made all the road improvements that could be required, Applicant has volunteered to make additional costly improvements which will serve a public need . The need for dedication of additional right-of-way has come up after all plans for the project have been completed ( including the fixed layout of the Barclay Place buildings which are currently well under construction with considerable tenant occupancy) based on the understanding that an easement would be satisfactory. DETAILED HISTORY Circa 1977/1978 - Received separate approvals for Bennington Woods Subdivision and Barclay Place, Westgate IV and Solomon Court III site plans . All approvals came under the umbrella of a special use permit for the property which was requested by the applicant . This special use permit was requested in consideration of the character of the neighboring Barterbrook (Solomon Road) and Hessian Hills (Bennington Road) properties . It allowes far fewer dwelling units than were permissible by right on the entire property , with particularly large reductions in Bennington Woods which is adjacent to Barterbrook and Hessian Hills . In exchange, we were allowed slightly higher densities than would have otherwise have been allowed in the apartment area. The area was initially approved for a total of 375 dwelling units and in spite of adding both the Lemuel Ross Estate and Bessie Ross properties fronting on Georgetown Road the combination of all developments on the combined properties when completed will be only 308 units with 188 of them having access to Georgetown Road. Circa 1978/1979 - Acquired the Lemuel Ross Estate property, and received approval for Georgetown Court . The Bessie Ross house was partly on her property but mostly on our property. We arranged a land swap whereby B . Ross ' s owned side yards on both sides of her house , and as a part of the deal VDOT was provided 5 ' of additional right-of-way for a length of approximately 1 ,000 ' , including the area in front of B. Ross . June 19, 1979 - Received Planning Commission approval for a composite site plan showing Bennington Woods , Georgetown Court , Barclay Place , Westgate IV , and Solomon Court III . At this time, Barclay Place had 155 units vs . the 146 presently planned. This plan includes a right turn lane serving Georgetown Court and Barclay Place. This has been built . October 24 1984 - Plans for The Commons at Georgetown (a townhouse for sale development ) were approved by the Planning Commission as an alternate (not a replacement) for Barclay Place. The Commons at Georgetown alternate approval included a requirement for VDOT approval of the entrance from Georgetown Road and approval of frontage improvements . One of the conditions was "If possible" the addition of a new right turn lane. The purpose of this new right turn lane was to be able to remark pavement and create a left turn lane. We received VDOT approval of a fully detailed entrance , complete with curb, gutter , storm inlets , median, etc . but without an additional right turn lane . Due to changing market conditions the Commons at Georgetown was not built and the entrance was not constructed. 0- June 2 , 1987 - The owners of the Old Dominion Day Care Center appeared before the Planning Commission with a request for an expansion of the Center . During staff review of this request , County Engineering had stated that the existing drainage south along Georgetown Road was inadequate, and no additional development should be allowed until the drainage was upgraded. The Planning Commission granted preliminary approval for the Day Care expansion, including the entrance from Georgetown Road, subject to final design and implementation of drainage improvements from the entrance south along Georgetown Road. Subsequently we met on site with VDOT, County Engineering, Planning and our engineer (Tom Muncaster) and agreed that a paved ditch was a feasible fix. At the behest of the Day Care owners , the County and VDOT agreed since this was a long time existing drainage problem, not caused by the proposed development , the needed improvements should be at VDOT expense . Funds for the improvement were included by VDOT and approved by the Board of Supervisors in the VDOT roads budget of July 1 , 1989 . All parties agreed that the improvements would actually be put in place in conjunction with the construction of the planned new entrance . August24, 1989 - We met with County Planning to go over our plans for proceeding with Barclay Place. They included making the entrance from Georgetown Road similar to that previously approved for The Commons at Georgetown, plus including a new right turn lane and a taper lane north of the entrance as previously desired by VDOT. We also agreed to remark the pavement to provide both left and right turn lanes . on January 23 , 1990 - After five months of costly delays , finally received approval to begin construction of a portion of Barclay Place, but construction of the approach to the Georgetown Road entrance was withheld pending VDOT approval of the entrance . March 16, 1990 - Our engineer submitted a detailed plan for the Georgetown Road entrance and improvements along Georgetown Road, including a paved ditch and new pipe under Court Place to be provided by VDOT in accordance with their agreement following the Day School application of 1987 and subsequent budgeting of funds in 1989 . Per normal procedure , the plan was reviewed by County Engineering, VDOT in Charlottesville and VDOT in Culpeper, then returned to us via VDOT in Charlottesville and County Engineering . The plan was returned to us in late May, 1990 with the instruction that we would have to either dedicate the area for the paved ditch or provide a drainage easement . The review of this plan raised an unrelated issue concerning diversion of storm water from one area of Georgetown Road to another . This became a dispute between VDOT and the County which delayed VDOT action on our entrance . Ultimately, in sympathy to our position as an innocent party, the County gave us approval to build the entrance road down to the present VDOT right-of-way . During the delay on approval of the entrance plan, we submitted a plan for development of the former B. Ross property . These plans anticipated dedication of a 12 ' wide strip for the additional turn lane and a drainage easement for the paved ditch. March 1 , 1991 - VDOT advises that prior to approval of the plans (entrance and development of B . Ross parcel ) they require dedication of the drainage area rather than a drainage easement . April 16, 1991 - We appear before the BZA, requesting a variance which will allow us to dedicate the additional 8 ' to VDOT without having to relocate the planned buildings . 0 EXPLANATION OF DRAWING The area marked in yellow is the original Georgetown Road. The area marked in orange is a right turn lane approximately 12 ' x 500 ' built in 1980 to serve Georgetown Court and Barclay Place . The area marked in blue is proposed additional pavement which will allow pavement marking which will provide through lanes in each direction plus both right and left turn lanes into Barclay Place. The area marked in orange is the additional area which VDOT requires be dedicated for drainage improvements . The area marked in pink is the area where VDOT intends to con- struct a paved ditch for which they require dedication. 1 1" Gvv.( OF ALBE.4q 0 .t pF ALg3 1 . a - - U �•V Ate:: `LR G ily�4• DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT 401 McIntire Road Charlottesville, VA 22901-4596 804 296-5823 August 22, 1986 Encore Investors Limited Partnership P. 0. Box 5526 Charlottesville, VA 22906 RE: SP-86-47 Encore Investors Limited Partnership Dear Sir: The Albemarle County Board of Supervisors, at its meeting on August 20, 1986 , approved the above noted petition by vote of 5/0/1 with conditions recommended by the Planning Commission, amended by the Board as Follows: • 1. Amend the approved site plan of August 29, 1978; 2. County Engineering Department approval of adequate on-site and off-site stormwater runoff and stormwater detention plans and 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 plat dated 5/30/78 and initialled "RWT" may be developed in townhouses provided access is only through Georgetown Road; 5. At such time as access is established to Georgetown Road, permanent access for the day care center to Georgetown Road shall be provided; 6. a. The 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. In the vent of sale of property on which the day care facility is located, the County Attorney shall review written agreements insuring site plan cooperation; 7 . The day care center shall be served by both public water and sewer to be approved by the Albemarle County Service Authority; 8 . 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 applicant of requirements and regulations by the Virginia Department of Welfare of any other agency; 9 . 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; 10 . Conditions 1 . 6a, 7 , 8 and 9 shall be met prior to the opening of day care center. 11. Access to the Ross tract limited to access as approved under SDP-84-062 (The Commons at Georgetown) . No direct access from the Ross tract to Rouge 656. 12 . Should the Ross tract be devoted to office usage, the following shall apply: a. Approval to the reasonable satisfaction of the Director of Planning and Community Development of screening of Ross property from property to the south, including continuation of existing earthen berm and installation of appropriate vegetation; b. Approval by the Director of Planning and Community Development of design of building on Ross property to ensure architectural compatibility with adjacent residential; c. Total of all office uses limited to 6, 000 square feet. d. A 20 foot building setback line from Georgetown Court will be acceptable. 13 . County Engineer shall ensure that stormwater drainage from the Ross tract be diverted to the Bennington Channel. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Si. erely, gi /fil, WS/011(..(__ . n T. P. Horne, Director anning & Community Development cc: Ms. Lettie E. Neher `' ALBEMARLE COUN . Y 60A2 HUNTWOOD TOWNHOUSES 0gyp, C)SECTION I D.B. ME PO 377 ,/,,/�/,,, O ® D.S. SECTION 2 726 P6. 376 44 44,04.!.. 1114.0.., ..,;.....,_, 6 �VaOO M1AR K . 6066 06 _ VA-91-16 Westgate Limited Partnershi Tax Map 60A1, Parcel 30 r 33 „440.\ 44111 1401, •a � � S� MpN Mo5 A li.• �^L � O% 2 DIo\ See z M .:., J ®® • O h/ �I 0„..i Cr' s ex, SEE , ��'�: ,3 tavir ..i les SECTION 60A a© ©sei `�� 4. T IOm s '!!!s.111'14. 400(0.000 h0(E 60AI BENNINGTON WOODS PARCELS I THRU 26 O,O 49 DEED NOOK 669 PAGE 735 ? Yf GEORGETOWN COURT PARCELS 36 THRU 56 �� DEED BOOK 699 PAGE Ill-Ill DEED BOOK730 PAGE 007 _: BENNINGTON TERRACE �r PARCELS 32 THRU 32F • DEED BOOK 756 PAGE 399 45t 0 SOLOMON COURT CONDOS er UNITS I Ara 66 W� DEED BOOK 790 P66,On 0 ;DALE IN FEET CHARLOTTESVILLE DISTRICT SECTION 60A ,60A2