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Home My WebLink AboutSDP200600030 Request of Modification, Variance, Waiver 2006-10-11a COUNTY OF ALBEMARLE Department of Community development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4I26 October 11, 2006 Richard Spurzem P.O. Drawer R Charlottesville, VA 22903 RE: SDP 2006 -30 Gazebo Plaza — Final Site Plan Dear Mr. Spurzem, Zoning Ordinance § 8.5.5.2 (2006) provides that a "final site plan ... for a planned development shall be reviewed for compliance with the applicable regulations: (1) in effect at the time the lands were zoned to a planned development district; or, (2) at the option of the applicant, currently in effect'. Your property was zoned PD -SC, Planned Development Shopping Center, on December 10, 1980, and you have chosen to have the applicable regulations in effect at that time apply to your site plan. I have been asked to determine whether variations to the Final Site Plan from the approved Application Plan for Gazebo Plaza are permissible under Zoning Ordinance § 8.5.63 (1980). In making this determination. I have consulted with the Zoning Administrator and Chief of Current Development. Zoning Ordinance § 8.5.6.3 (1986) states: Variations in site development plans and subdivision plats from approved Application Plans may be permitted by the Director of Planning upon a finding that such variations are: generally in keeping with the spirit and concept of the approved Application Plans; in accordance with the Comprehensive Plan; and in accordance with regulations currently in effect. Changes other than permitted herein shall be made only by rezoning application. The spirit and concept of an application plan are defined by the type, purpose, location and arrangement of uses being physically developed on the site as represented by the requirements for an application plan stated in Zoning Ordinance § &5.16) (1980): General road alignments and proposed rights -of -way; general alignment of sidewalks, bike, and pedestrian ways; general water. sewer, and storm drainage layout; general parking and loading areas and circulation aisles; location of recreation facilities; existing wooded areas and areas to remain wooded; summary of land uses including dwelling types and densities and gross floor areas for commercial and industrial uses, and preliminary lot layout Two of the qualities of the Application Plan for Gazebo Plaza that define its spirit and concept are its access to Hansens Mountain Road and its corresponding relationship with neighboring lands and the configuration of the buildings and other features shown on the Application Plan. The proposed Final Site Plan shows the relocation of Hansens Mountain Road, a public road, through the southern portion of the Gazebo Plaza site, connecting into the road network of the Glenorchy subdivision to the west. This is significantly different than the approved Application Plan which shows only this development accessing Hansens Mountain Road through an exclusive commercial entrance and shows no proposed or reserved access to Glenorchy. The relocation of Hansens Mountain Road through the southern portion of the Gazebo Plaza site, connecting into the road network of the Glenorchy subdivision to the ivest, cannot be considered "in keeping with the spirit and concept of the approved Application Plan" which showed access and circulation exclusively for the proposed development only and with a single point of access onto Hansens Mountain Road only. The proposed Final Site Plan also shows one large "box" building instead of the four separate building spaces designed in a staggered configuration around a central landscaped gazebo feature shown on the approved Application Plan. Furthermore, the resulting single building is much larger than any single building shown on the approved Application Plan. The new design of the buildings into a single structure cannot be considered "in keeping with the spirit and concept of the approved Application Plan" which showed an arrangement of smaller buildings oriented around a central public space. The last Comprehensive Plan in effect under the provisions of the December 10, 1980 Zoning Ordinance at the time it was substantively amended on March 19, 2003 was the Albemarle County Comprehensive Plan, 1996 -2016. There are no provisions of the Comprehensive Plan with which the proposed variations would not be in accord. Finally, a regulation currently in effect and in effect since the December 10, 1980 Zoning Ordinance was adopted is not met by the variations shown on the proposed final site plan for Gazebo Plaza. Section 25.4.1 Vehicular Access states, in part, that "( vehicular access from minor streets through residential neighborhoods shall be generally discouraged and where permitted shall be primarily for the convenience of residential areas served directly by such roads and not for the general public access ". The relocation of Hansens Mountain Road, a public road, through the southern portion of the Gazebo Plaza site, connecting into the road network of the Glenorchy subdivision to the west, does not comply with this provision. Therefore, the Gazebo Plaza Final Site Plan is not "in accordance with regulations currently in effect ". Because I am unable to find that these variations shown on the proposed Final Site Plan are generally in keeping with the spirit and concept of the approved Application Plan and in accordance with regulations currently in effect, these changes may be made only by amending the Application Plan by a rezoning. If you are aggrieved by this decision, you have a right to appeal it within thirty (30) days of the date notice of this determination is given in accordance with Section 15.2 -2311 of the Code of Virginia. If you not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with a fee of $120. If you have any, additional questions please feel free to contact me. Sincerely, J � r 1 Wall, I . V apnmberg Director nning Cc: Bill Fritz, Chief of Cu ent D -elopment Amelia McCulley, Zen' dministrator