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SP201600002 Application Special Use Permit 2016-01-19
tt Albemarle ty Community Development Department leintire Road Charlottesville.VA 22902-4696 4341 296-5E32 Fax (414) 972-4126 * * Planning Application PARCEL jW/NER INFORMATION IMP 061W0-03-00-01400 Owner(s): MOORES CREEK LAND LLC Application# SP201600002 PROPERTY INFORMATION Legal Description ACHEACE Magisterial Dist. Jack Jouett j Land Use Primary Open L ] Current AFC Not in A/F District Ej Current Zoning Primary RI 5 Residential [APPLICATION INFORMAT ION 1 Street Address Entered SY antelle Roth 1 w Application Type Special Use Permit I 1,'20.'2016 Project Commonwealth Office Received Date 01/19/16 Received Date F-ia! Submittai Date 01/19/16 Total Fees Closing File Date Submittal Date Final Total Paid Revision Number Comments ARS OK -TAXES PAW W1THD1..*gal.4d RAWN Per Zoning Ordinance SUB APPLICATION(s) TypeI Sub ApplicatIo1 Comment New Special Use Permit 01/19/16 APPLICANT CONTACT INFORMATION Contactiype_ Name Address I CitYS4ate 1 Zip Phone PhoneCell rrpptiaet MOORES CRE E K LAND LLC I P0 SOX 53E4 CHARLOTTES _ : zr.rnary Csostittt t JUSTIN SKIMP- SHIMP ENGINERRING PC 201 E MAIN STREET,SUITE H CHARLOTTES . 2.1.1-12 4342275140 signature of Contractor or Authorized Agent 2 • Tax Year All • Pay Status Both • Record Type Real Estate • Search By Parcel ID Number • 061w0030001400 Search Tips Increase the speed and accuracy of your Tax Search: • Select a Tax Year • Select a Pay Status • Select the Record Type Personal Property requires your Account Number,Zip Code,and Last 4 digits of your SSN.If login fails change SSN to last 4 of your Driver's License.If unsuccessful please contact the Tax Office. • Choose Search Criteria • For Name Searches use Last Name followed by First name ' Example:Smith,John Invoice Year Inst Owner Name Description Record Type Due Date Date Paid Status 322689 2010 1 MOORES CREEK LAND NO SITUS Real Estate 6/7/2010 6/1/2010 q/ LLC ADDRESS Paid //ACREAGE 322690 2010 2 MOORES CREEK LAND NO SITUS Real Estate 12/6/2010 12/6/2010 LLC ADDRESS Paid //ACREAGE 322691 20`1 MOORES CREEK LAND NO SITUS Real Estate 6'6%2011 6 5%2011 v. LLC ADDRESS Paid //ACREAGE 322692 2011 2 MOORES CREEK LAND NO SITUS Real Estate 12/5/2011 3/23/2012 LLC ADDRESS Paid //ACREAGE 322693 2012 j 1 MOORES CREEK LAND 'NO SITUS Real Estate 6/5/2012 4/30/2012 Aof LLC ADDRESS Paid //ACREAGE 322694 2012 2 MOORES CREEK LAND NO SITUS Real Estate 12/5/2012 2/20/20ADDRE r. . . .:, . SS ...,.. 322695 2013 1 MOORES CREEK LAND NO SITUS Real Estate 6/5/2013 5/8/2013 4/ LLC ADDRESS Paid //ACREAGE 322696 2013 2 MOORES CREEK LAND NO SITUS eal 12/5/2013 g 12/5 i13 .*,_ LLC ADDRESS • Paid If ACREAGE 322697 2014 1 ,MOORES CREEK LAND NO SITUS Real Estate 6/5/2014 5/6/2014 4400 LLC ADDRESS Paid //ACREAGE 322698 2014 2 MOORES CREEK LAND NO SITUS Real Estate 12/5/2014 11/21/2014 LLC ADDRESS Paid //ACREAGE 122606, 2015 1 MOORES CREEK LAND NO SITUS Real Estate 6/5/2015 5/19/2015 Ile LLC ADDRESS Paid //ACREAGE 122606 2015 2 MOORES CREEK LAND NO SITUS Real Estate 12/7/2015 11/13/2015 LLC ADDRESS Paid II ACREAGE County of Albemarle Parcel Property Information Tmt! 061W0-03-00-01400 Legal ACREAGE Description , Parent TY-1P - - - .... Tax Map 061W0-1 Section 03 Block 00 Parcel 01400 '59.1'4 :48517-6(31:42T _. Major Subdiv. Acreage Total Acres 1.15 TMPInactive? ACTIVE E-911 STREET ADDRESS INFORMATION 1 ' Nose Num] Street Name I APArtrrent; I City 1 State Zipoode OWNER INFORMATION Street Address , Name City i State -4.2i !•,1 ;!RES. CREEK LAND LLC ;PO BOX 5384 ;CHARLOTTESVILLE VA =22905 [ADDITIONAL PROPERTY INFORMATION Agricultural Forest District; Not in A/F District " High School District; Albemarle Traffic Zone 129 1 Middle School District- Jouett [ i .voter Precinct: Georgetown Etem.School District, Greer 1 I Magisterial District Jack Jouett Metro Planning Area', Census Block Group; 1 Tej CATS Area' 107 ii. Census Tract: r"-- Public Water Sever Water &Sewer i. H, _ Water Supply Protection Areal NO Other Rural Land' NO Watershed; Meadow Creek !v Development Area? YES Historical Significance World Heritage Site National Historic Landmark Virginia Landmark Register National Register of Historic Places il Parcel Has Proffers Parcel Has Easements Current Land Use Plumber of Structures Number of Owellin units Pr'mary, Open Secondary Unassigned -v 0 0 Minor; Unassigned v 0 0 Comprehensive Plan Land Use Plan Area: NetcahDOrhOOd 1 - Places 29 Primarif Urban Density Residential . 0ttter2: unassigned . „,L. Secondary. Unassigned Other3 unassigned Minor; Unassigned v Other4: Unassigned Other; Unassi „„ gned L71 ather5: Unassfdned - ,77,1 Zoning Ac'oreO,12/.1980 ..70,',',':7,7'..u;,':•:, 2: :93: .....___ .......... ........„......... _ Primary; R15 Residential lir R15 Residential v R3 Residential ;I i lm Secondary; Unassigned. i• Airport Protection Overlay i• Unassigned ..i.i Minor; Unassigned v I Planned Industrial Park i v Unassigned 0.11 Other; Unassigned Natural Resource Extraction Overlay i Flood Hazard Overlay Airport Impact Area Entrance Corridor Overlay • Scenic Stream Overlay 'ACTIVITY INFORMATION PLANN: G ACTEVITZE:5 BUILDING 4CT1VITIEc icationNtimb ni, CurrentStaihsa SpecialConditions 1 di ApplicationNumb 1,1 CurreraPerrnitSt ACorictitions , -1 WP0201400099 I Under Review . — ,WP0201300008 !-4 Withdrawn i WP0201000003 i i Void WP0200700090 i Void void per Allem.see WP0-07- f ::1040 Approved F 1 : -- E.E :-:: Printed On:[Wednesday,January 20,2016 r FOR OFFICE USE ONLY SP# SIGN# Fee Amount$ Date Paid By who? Receipt# Ck# By: ZONING ORDINANCE SECTION Application for f ALki Special Use Permit it®o_ .. fit. vii y�P IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2 have been submitted. Also, please see the list on page 3 for the appropriate fee(s)related to your application. Staff will assist you with these items. PROJECT NAME: (how should we refer to this application?) Commonwealth Office PROPOSAL/REQUEST: Professional Office Use in R-15 Zoning District ZONING ORDINANCE SECTION(S): Section 18.2.2.11 of the Zoning Ordinance EXISTING COMP PLAN LAND USE/DENSITY: Urban DenQity Residential LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: Property located on west side Commonwealth Drive approximately 500 ft south of intersection Peyton Drive. TAX MAP PARCEL(s): TMP: 061W0-03-00-01400 ZONING DISTRICT: R-15 Residential #OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion,it must be delineated on a plat): 1.15 acres Is this an amendment to an existing Special Use Permit? If Yes provide that SP Number. SP- ❑ YES ® NO Are you submitting a preliminary site plan with this application? El YES ® NO Contact Person(Who should we call/write concerning this project?): Justin Shimp- Shimp Engineering PC Address 201 E. Main Street-Suite M City Charlottesville State VA Zip 229Wytime Phone(434)227-5140 Fax#( ) E-mail Justin@Shimp-Engineering.com Owner of Record Moores Creek Land LLC Address P.O. Box 5384 City Charlottesville State VA Zip 22905 Daytime Phone( ) Fax#( ) E-mail Applicant(Who is the Contact person representing?): Same as Owner of Record Address City State Zip Daytime Phone( ) Fax#( ) E-mail 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: No FOR OFFICE USE ONLY History: U Special Use Permits: Concurrent review of Site Development Plan? ❑YES ❑NO County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126 Special Use Permit Application Revised 11/02/2015 Page 1 of 3 REQUIRED ATTACHMENTS I THER INFORMATION TO BE PRO` ED for THE APPLICATION TO BE OFFICIALLY SUBMITTED m One(1)completed &signed copy of the Checklist for a Special Use Permit. • One(1)copy of the Pre-application Comment Form received from county staff U One(1)copy of any special studies or documentation as specified in the Pre-application Comment Form, m Seventeen (17) folded copies of a Conceptual Plan. m Seventeen(17)copies of a written narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal, including o its public need or benefit; o how the special use will not be a substantial detriment to adjacent lots, o how the character of the zoning district will not be changed by the proposed special use, and o how the special use will be in harmony with the following; • the purpose and intent of the Zoning Ordinance, • the uses permitted by right in the zoning district, • the regulations provided in Section 5 of the Zoning Ordinance as applicable, and • the public health, safety and general welfare. (be as descriptive as possible, including details such as but not limited to the number of persons involved in the use, operating hours,and any unique features of the use) • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; • IMPACTS ON PUBLIC FACILITIES&PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURES The proposed project's impacts on environmental features. m One(1)copy of the most recent recorded plat,that shows the Deed Book/Page Number, of the parcel(s) composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. m One(1)copy of ownership information (if applicant is not also the owner). If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation,partnership or association, or in the name of a trust,or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. Please attach the owner's written consent. See Attachment A in the Land Use Law Handbook for more information. m As the owner/agent I certify that any delinquent real estate taxes, nuisance charges, stormwater management utility fees,and any other charges that constitute a lien on the subject property,which are owed to the County of Albemarle and have been properly assessed against the subject property, have been paid. PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF FROM THE LINK BELOW: STAFF ANALYSIS OF ZMA& SP REOUESTS Special Use Permit Application Revised 11/02/2015 Page 2 of 3 Owner/Applicant Must Read and Sign I hereby certify that I own the subject property,or have the legal power to act on behalf of the owner in filing this application. i also certify that the information provided on this application and accompanying information is accurate,true,and correct to the best of my knowledge. By signing this application I am consenting to written comments,letters and or notifications regarding this application being provided to me or my designated contact via fax and or email. This consent does not preclude su wri n communication from also being sent via first class mail. Signature of er gent or Contract Purchaser Date 4'n191 ��� n t_ o.l�Pl (43 (4-- Ecf- Z t Name Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: An email will be sent to the application contact once the submittal Is deemed complete. What type of Special Use Permit are you applying for? ❑ New Special Use Permit $2,150 _ ❑ Additional lots under section 10.5.2.1 $1,075 ❑ Public utilities $1,075 U Day care center $1,075 I ❑ Home Occupation Class B $1,075 U To amend existing special use permit $1,075 ❑ To extend existing special use permit $1,075 ❑ Farmer's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking $527 ❑ Farmer's markets with an existin&commercial entrance approved by the VDOT and with existing and adequate parking $118 ❑ Signs under section 4.15.5 and 4.15.5A(filed for review by the Board of Zoning Appeals under the Variance Schedule) $538 To be paid after staff review for public notice: Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two fees for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by the Board of Zoning Appeals,however,only require one public hearing and therefore require just one fee for public notice. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between S400 and$450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications,but the cost of certain applications max be higher. > Preparing and mailing or delivering up to fifty(50)notices $215 +actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty(50) $1.08 for each addit cost of first-classonal notice+actual postage ➢ Legal advertisement(published twice in the newspaper for each public hearing) Actual cost (avera,ges between$150 and$250) > Special Exception—provide written justification with application-$457 Other FEES that may apply: ➢ Deferral of scheduled public hearing at applicant's request $194 Resubmittal fees for original Special Use Permit fee of S2,150 • > First resubmission FREE Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION iS MADE TO INTAKE STAFF) $1,075 Resubmittal fees for original Special Use Permit fee of$1,075 ➢ First resubmission FREE ➢ Each additional resubmission(TO BE PAID WHEN THE.RESUBMISSION IS MADE TO INTAKE STAFF) $538 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Special Use Permit Application Revised 11i02/2015 Page 3 of 3 SPECIAL L. E PERMIT CHECKLIST f _ - Commonwealth Office Building -TMP 61W-03-14 0 ®zil Project Name/Tax Map Parcel Number �!' After the mandatorypre-application meeting, countystaff will mark this checklist appropriately so f'IRGINIA p pp g, that it is clear to the applicant the information from Section 33.4 (c) that must be submitted with RF the official application Name or initials of staff filling out form Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X YES NO x ,/ A narrative of the project proposal, including its public need or benefit; A narrative of the proposed project's consistency with the comprehensive plan, )C including the land use plan and the master plan for the applicable development area; A narrative of the proposed project's impacts on public facilities and public �C infrastructure. 40- A narrative of the proposed project's impacts on environmental features. A narrative of the proffers proposed to address impacts from the proposed project. One or more maps showing the proposed project's regional context and existing natural X I I 'u/I and manmade physical conditions; , /c A conceptual plan showing,as applicable: 1)the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; 2)typical cross-sections to show proportions, scale and streetscape/cross- K 14 sections/circulation; X 3)the general location of pedestrian and bicycle facilities; 4) building envelopes; X 5) parking envelopes; X 6) public spaces and amenities; f ��,r 7) areas to be designated as conservation and/or preservation areas; x SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2 © ri 8_ Iceptual stormwater detention facility I ions; t © 9)conceptual grading; Other special studies or documentation, if applicable,and any other information identified as necessary by the county on the pre-application comment form. ❑ x Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that,to the best of my knowledge,the official application submitted contains all information marked on this checklist as required for application.4S. ature of person completing this checklist Date ., -//7€ 4, 1 ///0(.. t -4 - i --1 .31.f. 98/ . (0011 Print Name Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 riii [,: `�RGIN�P COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax (434)972-4126 Memorandum To: Justin Shimp From: Rachel Falkenstein Date: 1/6/2016 Subject: TMP 61W-03-14- Pre-Application Meeting Date: 1/4/2016 The following are County staff comments regarding the above noted pre-application meeting.This meeting may satisfy the requirements for the mandatory pre-application.The purpose of for the meeting is summarized below: The purposes for a pre-application meeting are to: (i)provide the applicant and the county a common understanding of the proposed project; (ii) inform the applicant about the proposed project's consistency with the comprehensive plan, other relevant policies, and county regulations; (iii)broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant; (iv)inform the applicant about the applicable procedure; and(v) allow the director to identify the information the applicant must submit with the application, including the supplemental information delineated in subsection (c). Receiving the relevant supplemental information will allow the application to be comprehensively and efficiently reviewed (i)Common understanding of the proposed project Property Information: • SP2013-06 was approved by the BOS on September 11, 2013 to allow construction of a 13,500 sq. ft. professional office building on 1.15 acres. • SP2013-06 expired on September 11, 2015 and the applicant is interested in resubmitting the same concept for a professional office for a new SP application. (ii)Consistency with the Comprehensive Plan • This parcel is designated Urban Density Residential in the Places29 Master Plan which encourages high density residential development as the primary use and allows for retail, commercial, and office as a secondary use. • Staff opinion is that this site is an acceptable location for the proposed office. The scale of the office proposal is compatible with the surrounding uses and the scale of the development ensures it remains secondary to the primary residential uses in the area. • The development should conform to the Neighborhood Model recommendations. A brief outline of ways in which your plan either does or will need to conform is below: o A pedestrian orientation is achieved through an existing sidewalk along Commonwealth and an internal sidewalk that is proposed to connect the building to Commonwealth Drive and street trees are proposed along Commonwealth Drive. o The building should be constructed and oriented closer to the street to meet the principle of buildings and spaces of human scale (see also setback comments below). 1 o Parking should be relegated to the rear or side of the building. o Impacts to slopes should be eliminated or reduced as much as possible (a rezoning would be required for proposed impacts, see below). (iii)Broadly identify the planning,zoning or other issues raised by the application that need to be addressed by the applicant. Important items for consideration with your special use permit application are as follows: • In 2014 the slopes on the property were designated as preserved slopes. • Disturbance for development is generally not permitted on preserved slopes (with few exceptions) unless there is a previously approved rezoning plan or critical slopes waiver that is still valid. • Since this proposal is for a new use not previously approved on the preserved slopes, disturbances of the slopes would not be permitted without a rezoning to change the designation of the slopes from preserved to managed. • The previous approval for a site plan to allow the construction a 14-unit multifamily residential building (SDP2010-04) and associated critical slopes waiver(approved with the SDP2005-141) is still valid on this site until 7/1/2017. The approved site plan and waiver would allow for construction of the apartments as proposed, but the critical slopes waiver would not be valid for a different use or structure on the site. • New setbacks were approved in 2015 that would apply to any future use on this site (other than the approved apartment building). • The proposed building does not meet current setbacks and would require a special exception. See section 4.19 for new setback regulations. • Stormwater management and the poor condition of the drainage pipe under Commonwealth Drive are still of issue on this site and will be evaluated with the SP proposal (see previous staff report for discussion of Stormwater management issues on site). • The segment of the sewer line that runs under the waterline on this site will need to be replaced with the development of this site. (iv)Applicable procedures • SP Application and associated information: o The proposed use requires the submittal of an SP application and additional information (see below). • Community Meeting: o The applicant is required by ordinance to undertake a community meeting process as part of the review of the SP request. The applicant should work with the Places29-Hydraulic Community Advisory Council to use their monthly meeting as the Community Meeting for this project. o Please keep staff informed of the community meeting location and time. Staff will attend the meeting to answer questions, but the applicant is responsible for facilitating the discussion. o Staff will work the applicant to compile a list of neighboring property owners that should be notified of the meeting. • Mandatory pre-application meeting to rezone preserved slopes: o If the applicant wishes to rezone the slopes on this property from preserved to managed to allow for the proposed disturbance, then a second mandatory pre-application meeting would be required. o Please contact staff to set up a pre-application meeting if you wish to pursue a zoning map amendment for slopes. (v)Identify the information the applicant must submit with the application, including the supplemental information. • An SP application along with the application fee of$2150, plus the cost of public notice requirements when the application is being processed. • A concept plan that is consistent with Zoning Ordinance requirements for Special Use Permits (see 2 attached checklist). • The latest recorded plat(s). • Authorized owners' signatures. • See attached SP checklist for other required information. Sincerely, Rachel Falkenstein Senior Planner Enc: SP checklist Community meeting guidelines 3 Pre-application Meeting Request for ? '9� Special Use Permits or Zoning Map Amendments -Iretc- tih-iii-,,A1- Project Name: Commonwealth Office Tax Map Parcel Number(s): 061 W0-03-00-01400 I WOULD LIKE TO DISCUSS THE FOLLOWING(Check the appropriate box or boxes) ® PROPOSED NEW SPECIAL USE PERMIT ❑ PROPOSED ZONING MAP AMENDMENT or AMENDMENT Current Zoning District: Proposed Use(s)& Section(s)of the Zoning Ordinance requiring a Special Use Permit(if known): Proposed Zoning District: (if known) Section 18.2.2 -Professional Offices in R-15 district This will be an amendment to a prior rezoning action? , File number or name of prior action Has a pre-application meeting happened previously for this project? YES ✓ NO If YES provide the date of the meeting:SP201300006 was approved on 09-11-2013 for the same use Agent/Contact Person(Who should we call/write concerning this project?): Justin Shimp- Shimp Engineering PC Daytime Phone#(434) 277-5140 Cell Phone#(434) 953-6116 *E-mail justin@shimp-engineering.com Owner of Record Moores Creek Land LLC Daytime Phone#( ) Cell Phone#( ) *E-mail * Email will be primary method of contact unless otherwise specified. Submittal Requirements WIOne(1)completed Pre-application Meeting Checklist(including all written desctiptions noted in the checklist) Owner/Applicant Must Read and Sign I hereby certify that the information provided on this request form and accompanying information is accurate,true and correct to the best of my knowledge and belief. 12/16/2015 Signature of Owner or Agent Date Justin Shimp 434-227-5140 Print Name Daytime phone number of Signatory County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Pre-application Meeting Request 04/01/2013 Page 1 of 1