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HomeMy WebLinkAboutVA200400017 Application 2004-09-07 Community Development Department,Planning& County of Albemarle Community Development Division -41640 " 401 McIntire Road Charlottesville,VA 22902-4596 *a "'` Planning Application 1 Voice (434)296-5823 Fax (434)972-4012 PARCEL/ OWNER INFORMATION STREET ADDRESS TMP 07800-00-00-013A0 House # Street Name L Apt/Suite -`19Owners, PANTOPS INVESTORS LLC iIIL11Ji1F ic PROPERTY INFORMATION Legal Description ACREAGE B Magisterial Dist Rivanna Land Use Primary Open Current AFD Not in A/F District Current Zoning Primary Highway Commercial APPLICATION INFORMATION House# Street Name Apt/Suite City State Zip Street Address - Entered By:Ana Kilmer on 09/07/2004 Application# Application Type Variance SDP200400055 ARB200400083 Project VA200400017 Engineering File# 0 Received Date 09/07/2004 Received Date Final Total Fees 120.00 Submittal Date 09/07/2004 Submittal Date Final Total Paid $ 120.00 Closing File Date Revision Number ❑ Proffering Plan? ❑ Spec. Use Permit Amend 7 ❑ Preliminary Site Plan? ❑ Site Plan Waiver? ❑ Preliminary Subdivision Plat? ❑ Planned District Amend.? ❑ Proffers Amendment? ❑ Special Conditions, ars okay.AK. Receipt#07025 Legal Description ACREAGE B SUB APPLICATION(s) Type Sub Application Date Comments STATUS TRACKING Status Status Date Entered By:Ana Kilmer on 09/07/2004 Under Review 09/07/2004 Comments Under Review 09/07/2004 APPLICANT/ CONTACT INFORMATION Contact Type Primary Contact Contractor Contact# Name Marcia 3oseph Street Address 481 Clarks Tract PANTOPS INVESTORS LLC City/State Keswick/VA Marcia Joseph Phone# Michael Spooner Zip Code 22947-0000 (434)984-4199 Fax# (434)984-3098 Cellular# ( ) - E-mail Signature of Contractor or Authorized Agent Date Geographical Data Services County of Albemarle Division-Room 218 `,. '\ Propelfy Information Charlottesville,VA « 401,McIntire Road 22902-4596 ACTIVITY INFORMATION PLANNING ACTIVITIES BUILDING ACTIVITIES Special Special Application # Current Status Conditions Application # Current Status Conditions SDP200400055 Under Review No \\\ N`;- ARB2pQ4000 Under Review No \ a. 1 ., o a V.- , -, V�. U�`4# �:`• Under Review No ��;.�� \ � "� , I r ;t PROPERTY INFORMATION Description AG Na- '''' TMP .07800-00-00-013A0LegalP � . ;,,,'`" �,\VO � �:' '�'' s� VV\,r Parent TMP - - - .k ��� Tax Map 07800 Section 00 Block =Qt} • Parcel 013A0 GPIPJ 497935899396 Major Subdiv. Acreage Total Acres • \\ m\\eJ , :,••.:..>.ii.a..:.:..::< TMP Inactive ? No ADDRESS INFORMATION House # Street Name Apt/Suite City State Zip Street Address „ ;,4,;: € ;> aE: _- r � V-V i;'>'t•1 IL 1.._:,.--IV ,.. •>..::. >_a 4a.. As>a .. ...>. aa �' ',°�, OWNER INFORMATION , Owner Name t,4 PS LNVESTORS LL 'a,�,t, w= � �� � � r � ` � Street Address .415 DEER BROOKE DR aJIkg:1!iIkII1 City/State ALLEN TX ADDITIONAL PROPERTY INFORMATION Comprehensive Plan Area Urban Area 3 High School District Monticello Traffic Zone 194 Middle School District Burley Voter Precinct Free Bridge Elem School District Stone Robinson Magisterial District Rivanna Metro Planning Areas Census Block Group 1 Census Tract 1105 CATS Area? Public Water&Sewer Water&Sewer Virginia Landmark Register? Watershed Basin Upper Rivanna River(02/04) National Historic Landmark? .....! Major Watershed Rivanna River National Register of Historic Places? Sub Watershed Upper Rivanna River Water Supply Protection Area? Development Area? / Other Rural Land? Agricultural&Forest District Not in A/F District Number of Number of Dwelling Landuse Structures Units Comp Plan Landuse Primary Open Regional Service Secondary Minor Comp Plan Landuse Other Current Zoning Zoning Adopted 12/1980 Zoning Prior to 12/1980 Primary Highway Commercial Highway Commercial Commercial Business Secondary Minor Other Airport SafetyOverlayScenic Stream Overlay P Natural Resource Extraction Overlay j Airport Protection Overlay a Entrance Corridor Overlay Flood Hazard Overlay 1 Airport Noise Overlay ...... OFFICE.USE O{N�L/Y/• VA# a,6 /'y —0/7 TMP O 7 ' C 0_ c o _ C O - C / 3 A- 0 Application for Variance PP aa►,® 1 ariance=$120 -star t (e.2 Steruj./ glf,3 Project Name: MU-CO'S ?LA Tax map and parcel: Tr1 7e 13,0,E t- 134. Magisterial District: RiVAk NA Zoning: }{L Physical Street Address(if assigned): Location of property(landmarks,intersections,or other): Lo( -rED o14 Fkoore.2g Fi 1;`✓ TWE614 t•ttE (lo►•lh or ut , Zo A+40 ikM 5e1-1 Paso Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers ND Contact Person(Who should we caWwnte concerning this project?): 1` {LC.(4% JD- P4{ Address 4 f,( City /W I LK- State VA Zip 22 91t7 434- Daytime Phone(a•#) g @)-e}- 4 (cr) Fax# 004-3O98 E-mail t'ndre-t ct g•e.)( Pqt-ht-t(t✓t-(c-• rtet Owner of Record PA)-t10 , 114\te5-(bkk.e. L-- Address q-i t5Relok-6 t71u•16 City ALL-614 State {)<- Zip 7SOc2_ c-37Z- Daytime Phone(214) 547- '31-2-s) Fax# S3 1- ZS�33 E-mail IM<,vooher(e°, dot• Go to Applicant(Who is the Contact person representing?): t �C-6:te1 oo tve C' Address 4-tGj p lZ e k p(u\E City AL I-L-h4 State Tx. Zip 7yc7 2 572- Daytime Phone(VA-) e,-47- "3ZZPj Fax#53(- ZQl3 i E-mail 1A/tt e otrev t° clot• Gorr OFFICE UE�ONLY Fee amount S 1'J O Date Paid 9f Q( Check#t 70 )By Who? l �l"/ Receipt# ©W y: (2/L J� County of Albemarler Department of Building Code & Zoning Services 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126 PR� V 11/26/02 Page I of 2 VA-2004-017 (Sign # 6) Pantops Investors, L.L.C. (owner), Michael Spooner (applicant), T/A Pantops Place. Request to reduce the front setback from 30 to 17 ft for the construction of a new commercial building. Located on the south side of Rt 250 East, between the intersections of Rt 20 and Hansen Rd. Tax Map 78, Parcel 13A. Zoned HC, Highway Commercial and, EC Entrance Corridor overlay. The following information shall be submitted with the application and is to be provided by the applicant: 1) Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey,please provide legal description of the property and the Deed Book and page number or Plat Book and page number. 2) The appropriate drawings showing all existing and proposed improvements on the property,with all dimensions and distances to property lines,and any special conditions on the property that may justify the request. 3) Fee payable to the County of Albemarle.4) Description of Request: 3& AT1 -VtClT Ala r rE d " t 5) Justification shall be based on these three(3)criteria: 1) That the strict application of this ordinance would produce undue hardship. 1060 ik-rwttKE14r 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 3) 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. Owner/Applicant Must Read and Sign The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not been submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate,true and correct to the best of my knowledge and belief. 77 7,fidT- Signa of Owner,Contract urchaser, Date c'S-e- Print Name Daytime phone number of Signatory 11/26/02 Page 2 of 2 Pantops Place Variance Request September 7, 2004 TM 78 Parcel 13A 1.3266 Acres Zoning District, HC - Highway Commercial and EC - Entrance Corridor 4) Description of Request Request to vary Section 21.7.1 Minimum Yard Requirements ("Adjacent to public streets: No portion of any structure, excluding signs, shall be erected closer than thirty (30) feet to any public street right-of-way.") and reduce the yard requirement from thirty (30) feet to seventeen (17) feet. This variance would allow the proposed building to be built seventeen feet from a new right-of-way that would move the existing property line to move somewhere between 11.5' to 13' to the south to construct improvements required by the Virginia Department of Transportation as a condition to approve any site plan submitted on this property. 5) Justification 1) That the strict application of this ordinance would produce undue hardship. The owner of this property was compensated for a portion of the parcel that was sold to the Commonwealth of Virginia to accommodate the additional lanes constructed on Route 250E in the early 1990's. After this transaction the parcel was reduced to measure 1.3266 acres. The site is zoned HC Highway Commercial, the most intense commercial zoning district allowed in Albemarle County. The site is particularly challenging because of its' triangular shape, its' small size, the existing drainage easement that provides a means to channel runoff from Route 250E, and the existing topography. These elements work in together to limit the site layout on this parcel. The site plan was designed to respond to the Neighborhood Model of Development. The building was placed on the site to be the prominent feature. The plan was submitted to Albemarle County for review and comments were received from the Virginia Department of Transportation (VDOT). The Albemarle County Comprehensive Plan normally advises when the community determines that a road should be improved. Or, the road will be listed in the County's Six Year Plan slated for an improvement. The improvements VDOT is requiring to Route 250E are not listed in either Plan. However, for site plan approval, VDOT requires the property owner to build a full frontage 12' lane, 2' gutter pan, 0.5' curb, 2' grass strip and a 5' sidewalk. There is currently approximately 10' behind the existing curb to the existing right-of-way. The additional construction required by VDOT would place the right-of-way 11.5' into the property. The owner of the property is required to fund the construction of the items required by VDOT and is receiving no compensation for the land that will become right-of way for the items required by VDOT. In some areas it may be feasible to work with an adjacent owner to acquire additional land to help create a more useable lot if VDOT requires "full frontage" improvements by purchasing land from the abutting properties. Unfortunately, the property to the east consists of a very steep hill with no buildable space. The property owner to the west has declined an invitation to share entrances and his existing parking area is within a few feet of the shared property line. If the site is developed without requesting a variance, it might be accomplished by: Constructing a 12' high retaining wall 10' from the "new" right-of- way, placing the parking heading into the wall and to make up for the loss of building footprint area, to make up for the loss of building footprint area, placing a 65' high building 70' from the "new" right-of- way. It is unlikely that the Albemarle County Architectural Review Board (ARB) would approve this configuration. The ARB has reviewed the preliminary site plan and preliminary building design and has responded favorably to the site layout and the building design. Or, increasing the fill, reducing the parking area, increasing the need for offsite grading/or creating a retaining wall, or reducing the size and configuration of the building. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Other parcels in the vicinity do not share the same shape, or size constrictions, nor are they the last undeveloped parcel on Pantops. The parcels to the west and north of the site may be non-conforming as a result of the acquisition of additional right-of-way in the early1990's when Route 250E was "improved". This non-conformity could be in a reduction of yard requirements for parking. They may be non-conforming as a result of ordinance changes concerning site layout, the parking areas are not "relegated" to the sides or rear of the building. They may also be non- 2 Pantoys Place Variance Request Seytember 7,2004 conforming as a result of ordinance changes concerning landscape requirements, many do not have an area large enough to accommodate street tree and buffer shrub requirements. And many are non-conforming as they relate to the Entrance Corridor design requirements. This parcel, the last unbuilt site along this portion of Route 250E cannot ignore the current ordinance requirements, nor does it have enough acreage to contemplate a rezoning to a Planned Development or Neighborhood Model Zoning District, that would allow the yard requirements to be reduced. The site will adhere to all the ordinance requirements concerning landscaping, relegated parking, using the topography to integrate the building into the site, responding to comments from the ARB. 3) 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. The site and building will not be a detriment to the adjacent properties. The building and site have received a favorable response from the ARB. The layout follows the Neighborhood Model by providing pedestrian access, providing street trees as required, using compatible building materials (brick is proposed), by screening the parking areas with the building, and by making the building have a "presence" to the street. Street trees will be chosen that may be more columnar in nature. Very similar to the trees planted at a car dealership on Route 250E to the west of this site. The reduction in the set back will not act as a detriment to this area, or the community, it will be adhering to the most recent development model created by and supported by the citizens of Albemarle County. It will allow this parcel of land to be used effectively and efficiently. 3 Pantoys Place Variance Request Septem6er 7,2004 Tax Map Parcel Parcel Activity Report 07800-00-00-013A0 Planning Applications Application Number Type Date Received Project Name. r ARB200400083 Architectural Review Board 1 i 07/06/2004 1 Pantops Place LtatUS. „Status Date: Under Review 1 07/06/2004 rSDP200400055 J [Site Development Plans 06/1412004 Pantops Place Status: Status Date: Under Review r 06/14/2004 L VA200400O17 Variance 09/07/2004 Status. Status Date: Under Review 09/07/2004 Page 1 County of Albemarle Printed B. akilmer Printed 0 Tuesday, September 07 06 �ti1 2 063 �a_!fIEC - i 1 —�����iiil r � I �. 62-23 / � 4 ilkor— �� �20' 78.59 1. rp.�- `, 7� ��k 4treb 78-57 - /�N SEE Part v_j__AI\.17? N ,...,._. ,,/. ®78-8B rj� SEE 78E / / SEE 78B Part 1 1 • l 1ir. E►/4 78 ��� SEE 78A ,..,.__,,..gt. in i®®NEI o f 78-128 * 4114 GI 1 1•1 2A 1 1 .0174 1 Iiiiiiii0 lio ‘40 i a \40.,,ttrstsrAfir.. L,,,, r as L1'. e N.�� 4 78-55A6 ' l� E OvSEE 78B Part 2 SEE 78D 1 Q0 U J 78-50 .A,f 4-•4,.j • .--..- '-- - :-_,. /. 4111104‘1041.4 4.*Willft.._ , i -_ . ,k,b9 v� '/ 7820E / % ill ' >� • 78-20M / •.tee 11 �� p 0 4,,,,,,,�. VA-2004-017 Pantops Investors, ��4 '+4‘.40 ,/,dint`', / 78-50 '�� _ , ,Io sy LLC (owner), Michael Spooner °�_,' Atill ry1e r , (applicant), Tax Map 78, Parcel 13A ;ryr nc tit' ' ey�\ "-' 78-22A - "�.,• -f 78-49 404 ' 78-31p1 --��....,.%el •-.�....---•. RiVAMV RIVER .---- \ 79-7A .\ MS 7842 �'t ?'Py • • • 'u r' �...�...� s yYY A x f' f , '78-23 f 92-16 �SEE 78C 415 .53 ® �/ 732 .,. � / / f 4 � a, r d , ._ 091 092 0g3 ScaN Albemarle County 078 Map: FmM 0 800 1.800 Z400 1:---f-4 ��1��+4t4 Note:This map is for display purposes only til 'trip' ' and shows parcels as o/12/3 28003. �.-�6n" See Map Book Introduc0'on/or additional details. From: Marcia Joseph <marcia481 @earthlink.neb Subject: Spooner Property Date: August 23, 2004 11:04:15 AM EDT VIIr To: charles.proctor@virginiadot.org Chuck, I'd like to document our conversation concerning the improvements that VDOT will require on Mr. Spooner's property located between Denis Enterprises and the SunTrust Bank. VDOT requires: an additional 12' paved travel lane 2' gutter pan 0.5' curb 2' grass strip and a 5' sidewalk This will require an 11 .5' encroachment into Mr. Spooner's property. You have stated that VDOT requires these improvements because the development of this property is expected to contribute to the vehicular traffic on this segment of Route 250 E. You have also cited a study completed for VDOT in 1998 that suggests that eight lanes are necessary to handle the increased traffic on Route 250 E. It is my understanding that you will not offer your approval of the site plan unless we agree to build the improvements noted above and move the right of way back within Mr. Spooner's property to include the proposed improvements within VDOT's right of way. If you could please send me a letter outlining your requirements, I would be grateful. We will pursue a variance request to the Board of Zoning Appeals (deadline for submission is September 7). We will request a variance based on a diminishment in the size of the parcel, usable area and shape of the parcel. Thanks for your help on this, Marcia Joseph Associates LLC 481 Clarks Tract Keswick, Virginia 22947 Phone 434-984-4199 Fax 434-984-3098 MO fkg4tOtkl4t -Vo vATe From: Marcia Joseph <marcia481 @earthlink.net> Subject: Pantops Place P, ,1.11 Date: September 1, 2004 8:43:46 AM EDT To: charles.proctor@virginiadot.org Chuck, I'd like to submit a variance request for setback on the Pantops Place site. I was hoping to include a letter from VDOT that would outline the requirements we talked about. The submission date for a variance request is September 7, do you think I might get a letter from you prior to that date? Thanks, Marcia Joseph Associates LLC 481 Clarks Tract Keswick, Virginia 22947 Phone 434-984-4199 Fax 434-984-3098 The page cannot be found 9/7/04 9 12 AM The page cannot be found The page you are looking for might have been removed,had its name changed,or is temporarily unavailable. Please try the following• • If you typed the page address in the Address bar,make sure that it is spelled correctly • Open the www.albemarle orq home page,and then look for links to the information you want. • Click the Bc button to try another link HTTP 404-File not found Internet Information Services Technical Information(for support personnel) • More information. Microsoft Support http//www albemarle org/upload/tmages/forms_center/departments/bczs/forms/Variance Application pdf Page 1 of 1 NOTES.` ` TOPOGRAPHIC SURVEY EP 1.) The property shown hereon is subject to the following unplattable easements: Virginia J/ �Z� TAX MAP 78, PARCEL 13A Public Service Easement recorded in D.B. 214, page 414; Virginia Telephone & Telegraph r' z /' Easement recorded in D.B. 404, pg. 130. i ,'' RIVANNA MAGISTRIAL DISTRICT 2.) Topography shown hereon is from field surveys by Kirk Hughes & Associates i /'�\ /' R�"�'� ALBEMARLE COUNTY, VIRGINIA peronanSeptember April 3, 1990 d revised Se tember 16, 2002. TEMPORARY BENCHMARK TOP OF IRON ROD cc 5 �� 3.) This survey lies within Flood Zone IC'., not a H.U.D. defined 100 year Flood Zone. ELEV.= 478.05' `� �R0� SEPTEMBER 18, 2002 4.) This survey was prepared without the benefit of a current title report and may not \\ \ �P��� I "N� SCALE. 1 "=20' indicate all encumbrances on the property shown heron. A.C.S.A. EASEMENTS \ `\ F� lI / CONTOUR INTERVAL= 2' 5.) Benchmark = Chiseled square on southwest corner of sidewalk to Hilltop Restaurant. D.8. 1132, Pg. 118 �\ PREPARED FOR: MICHAEL E. do AVA C. SPOONER Elevation = 495. 16' 6.) The following sources were utilized in drafting the locations of underground utilities: �e `\,� \I \\ �. �, ,/' KIRK HUGHES &c ASSOCIATES field surveys of marked lines; topographic maps, as —built plans, and site plans provided �� `\ �\\ `\ ` �z �/' LAND SURVEYORS &' PLANNERS by the owner, and utility maps provided by utility companies. No underground PSQ�P \\ `� \\ `\ \ 220 EAST HIGH STREET CHARLOTTESVILLE, VA 22902 investigation of utilities was performed. The contractor agrees to be fully responsible for 434 296-6942 any and all damages which might be occasioned by his or her failure to exactly locate \I I \ \ I N l \ ► \ \ I \2� '' FILE: 89-17 89176-02.DWG and preserve any and all underground utilities. C l \\ \ \ \\ // 3, � 0S �� ► tl \\ \ \ \\\ I �H op D �iWell ` � j4) U G. V. "KIRK" HUGHES ? NO. 1458 GO / I U` CP 00 1l \ \\ \ I 1 LIGHTY WOODED & BRUSHY P51 I MICHAEL E. & AVA C. SPOONER j D.B. 1376, pg. 679 D.B. 407, P9. 86 (plat) ti D.B. 1 132 pg. 117 \ \\ \\ \\ \ \\ i HIGHWAY PLAT BOOK Xl, Pg. 105 \ i T.M.P. 78-13A \ \ \ 1N= 488. D' 18" RCP -- -•._ \ �' � ,` � / �"w � .,-,,. / / � �' ^ ' \ \ \ —'' '� \ \ \ � / �'' \ � � � \, GWLLY � . •-� � � ` \ ` � �\�` \�Dra�naAe `�'as�mAnt \ — � 1N= 492.T ('oiP ) -� �` ----------- __ `� !' �60 ��' \ \ / \ -- % / O I --,� / ---\ . IN . 469.6'I \ \ \ \ \ Ur=471.0' 24RCP 3a Hop \� �--- — —----.—_----- /�\ \ _..... ,./ /' \\ � --- / / / / O J �/ �_--� �� 1 \ d,8. llj�2, \P9� 1�8 \ 18"(RCP ) F ---- _ 458 MH _ INV.=453.2' ------ — — _----�----�- `----==----- -- --�— -- -- ----�— — 4— — — — — — — — — — — - _ — — — — 16' Drainage Easement l 1. /f- F � INV. 470:3' — ^ 9• (P (t /ENE IRON D.B. 407, 86 /a / ✓ A ` — 454 _ _ — — — . /� I iS 63°57 01 W/ 467.58 56001 \ \ \ \ \ ' — 458 /� // /, �./ / O O —� — 60 , /' /i /' �� N/F HURT INVESTMENT COMPANf O -A D.B. 1485, Pg. 406 D.B. 2019, Pg. 125 (PLAT) D.B. 1785, pg. 546 PLAT 00 D.B. 996, pg. 126 T.M.P. 78-73A O'O ��� / /// /// /// // / O O/ ( TOP=507.2' MH O USE. COMMERICAL / �' O/0 / �. , / / LEGEND. �g ///rJOUT=501. 1' (15" HDPE) /// 1N=501.2 �15" HDP�) IN=501.8' 6" HDPE N/F= NOW OR FORMERLY CC= CONCRETE CURB / CSW= CONCRETE SIDEWALK T.M.P. = TAX MAP PARCEL EP= EDGE PAVEMENT HDPE= REINFORCED PLACTIC PIPE RCP= REINFORCED CONCRETE PIPE FH= FIRE HYDRANT / MH= MANHOLE / /