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¶1' SEP 1.4 2012 ;J
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11
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
September 12, 2012
Mr. Keith O. Woodard
Ponderosa Land Trust
224 14th Street, NW
Charlottesville, VA 22903
RE: Letter of Zoning Compliance- LZC201200034
Tax Map Parcel 07800-00-00-017D6
MedExpress Urgent Care (the "Project") — 260 Pantops Center (the
"Property")
Dear Keith:
In response to the request for a Letter of Zoning Compliance for the above
referenced Property, please be advised of the following:
■ The Property lies within the boundaries of Albemarle County and as the Chief
of Zoning/Deputy Zoning Administrator for the County I am authorized to
execute this letter.
• The Property is zoned Planned Development Shopping Center (PD-SC). The
regulations of the PD-SC zoning district permit medical offices by-right, thus
the existing use is legally conforming. Residential use of the Property up to a
density of 15 dwelling units per acre would require a special use permit.
• The Property does not contain any buildings or property located in the 100
Year Flood Plain as shown in the Flood Boundary and Floodway maps
prepared by the Federal Insurance Administration of the United States
Department of Housing and Urban Development.
• The parking requirement for this Project is 22 with two handicapped
accessible spaces. The Project currently has 92 spaces with three of those
handicapped accessible, thus complying with the parking ordinance, since
the parking is part of the total required for the Pantops Shopping Center.
Mr. Keith O. Woodard
September 12, 2012
Page 2
• This office has no record of any outstanding violations for the parcel. A site
inspection conducted on September 12, 2012 showed no deficiencies or
deviations from approved plans, including those approved on June 4, 2012 by
the Architectural Review Board for a Certificate of Appropriateness.
• It should be noted that any changes of use which require site or building
modification or additions are required to comply with the applicable zoning
laws in the future. Also, the approved Shopping Center, of which this
Property is a part, has a maximum amount of gross square footage that has
been reached. Any additional floor area will require an amendment to the
PD-MC zoning in order to increase the amount of floor area.
• In the event of casualty to the Project, in whole or part, the structure may be
rebuilt in its current form (i.e. no loss of sq. footage).
• All utilities required in connection with this Project are available in sufficient
capacity as is necessary for the Project as shown on the approved building
plans.
• This Project complies with applicable subdivision regulations of Albemarle
County.
• The current use and improvements for the above Property are in compliance
with all applicable zoning codes, rules and regulations of the zoning district.
• No application for rezoning of the real estate portion of the Project, special
use permit, conditional use, or variance required in connection with this
Project, is now pending.
Please feel free to co tact me if you have questions or need further assistance.
Sin rely,
Ronald L. Higgins, AIC
Chief of Zoning/Deputy Zoning Administrator
Ron Higgins
From: Ron Higgins
Sent: Thursday, March 29, 2012 6:08 PM
To: 'Steve Melton'
Cc: Amelia McCulley; Sarah Baldwin:Mayne Cilimberg
Subject: RE: Old Ponderosa Site
Steve:
I am sorry about the delay on this, but I understand you have had similar questions be held up due to the lack of clear
documentation and the very age of this rezoning. I am afraid that what I have been able to piece together is not good
news.
In summary, the "Application Plan", last dated May 10, 1983, shows a grand total of 229,100 square feet of buildings in
various commercial uses on the parcels that were covered at the time. The current square footage grand total (for ALL
of the parcels in the original rezoning) is 250,848 square feet. Therefore I do not believe that the addition of office
square footage is something that can get a variation. It appears that you would have to amend the Application Plan
(with a zoning amendment) in order to accomplish this.
This is very brief and I would be happy to sit down with you and show you my findings. I am copying others since I am
aware that they have worked on other requests you have made on this same parcel.
Ron Higgins
From: Steve Melton [mailto:Steve@VirginiaLandCompany.com]
Sent: Tuesday, March 27, 2012 8:04 AM
To: Ron Higgins
Subject: RE: Old Ponderosa Site
Thanks Ron—I have a couple of potential people that are very interested. Both are in the medical profession which I
think would add nicely to the area.
Thanks for all your assistance with this proposed project.
Steve
From: Ron Higgins [mailto:rhiggins@albemarle.orq]
Sent: Monday, March 26, 2012 3:26 PM
To: Steve Melton
Subject: RE: Old Ponderosa Site
Hello, Steve: I have been away for a few days and Sarah Baldwin is out today. Let me confirm some information with
her upon her return tomorrow and I should be able to give you the answer on the subdivision and construction of
another building on this site.
Ron H.
From: Steve Melton [mailto:Steve@VirginiaLandCompany.com]
Sent: Friday, March 23, 2012 4:31 PM
To: Ron Higgins
Subject: Old Ponderosa Site
Ron—
' Just wanted to follow up to see if anymore action has occurred on the above ref.site regarding dividing the site and
constructing another smaller building? I can't remember how we left it at our last meeting.
When you get a chance give me a call or email.you have had similar issues on this site due to the age and
Steve
Stephen M. Melton
Realtor
Virginia Land Company Of Charlottesville, Inc.
P.O. Box 8147
195 Riverbend Drive
Charlottesville,VA 22906
Office: (434)979-8181 Fax: (434)296-3510 Cell: (434)906-2588 Home: (434)823-2588
Steve@VirginiaLandCompany.com LandCompany.com (NEW EMAIL)
Commercial Sales-Leasing-Property Management
2
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Ron Higgins
From: Steve Melton [Steve@VirginiaLandCompany.com]
Sent: Thursday, March 01, 2012 11:17 AM
To: Ron Higgins
Subject: Old Ponderosa site
Ron—
Just wanted to follow up to see if you had found out any additional information in regards to subdividing the Ponderosa
site and constructing another building of approx. 5,000—6,000 sq. ft. I think the parking is adequate to do this.
Thank you for anything you can find out.
On another subject, we have an area behind the Giant Food at Pantops that is Tax Map 73 parcel 73A. A good part of
this is declared a buffer zone, but there is a 3+ acre site on the corner of Hansen Rd. and Rolkin Rd. across from Carriage
Hill that we are interested in developing into luxury apartments. We had worked on this with the County at one time
years ago, then it just stopped when the Real Estate market dropped. We called in Royal Arms and I think I even had a
"Pre-application Meeting".The 3+acres was never subdivided off the original parcel of 17.116 acres (owned by Hurt
Investment Co.) we just did a proposed paper plan on what it would look like. What would be the next step for me if I
wanted to resurrect this plan?
If convenient, I would be happy to set up a meeting to go over both of these projects.
Thanks-
Steve
P.S. Ron if you want to pass this on to someone else to work on, I don't mind at all. I know your plate is always full.
Stephen M.Melton
Realtor
Virginia Land Company Of Charlottesville,Inc.
P.O. Box 8147
195 Riverbend Drive
Charlottesville,VA 22906
Office: (434)979-8181 Fax: (434)296-3510 Cell: (434)906-2588 Home: (434)823-2588
Steve@VirginiaLandCompany.com(NEW EMAIL)
Commercial Sales-Leasing-Property Management
AAA pciA Ay 2,
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4176
September 2, 2010
Neal Wright, P.E.
Dominion Engineering
172 S. Pantops Drive
Charlottesville, VA 22911
RE: ZMA 2010-00005, Richmond Road Entrance
Dear Mr. Wright:
Staff has reviewed your initial submittal for a zoning map amendment to allow for a change in the
application plan for the parcel to permit construction of a new entrance from Richmond Road.
We have a number of questions and comments which we believe should be resolved before your
request for a zoning map amendment goes to public hearing. We would be glad to meet with you
to discuss these issues. Our comments are consolidated below:
Planning
Comprehensive Plan
This section provides initial comments on how your proposal generally relates to the County's
Comprehensive Plan. Comments on conformity with the Comprehensive Plan are provided to the
Planning Commission and Board of Supervisors as part of the staff report.
The subject parcel is in the Pantops Development Area and is designated Urban Mixed Use on the
Pantops Master Plan Framework Map (Land Use). The parcel is in the Riverbend (Pantops
Shopping Center) Mixed-Use Neighborhood, which includes the Core area of Pantops. The Master
Plan recommends the following for this Neighborhood:
Intensify use of the area with Urban Mixed Uses serving as a Core for the Pantops
Development Area. It is expected that this area of Pantops would exhibit the greatest
density and formal design as a Core center. (Pantops Master Plan, page 27)
The subject parcel is in this Core center. The change to the entrance into the site should allow for
connection to sidewalks on Rt 250.
Neighborhood Model
The Neighborhood Model is a part of the Comprehensive Plan which promotes compact urban
development areas that are walkable. Staff notes that this site is already developed. If a
redevelopment plan for the site is proposed, staff will provide more detailed comments at that time.
ZMA 2010-00005, Richmond Road Entrance, Neal Wright, September 2, 2010 4
Resubmittal or Public Hearing
Within 30 days of the date of this letter, please do one of the following:
(1) Resubmit in response to these comments on a resubmittal date as published in the project
review schedule (the full resubmittal schedule may be found at www.albemarle.orq in the
"forms" section at the Community Development page), OR
(2) Request a public hearing be set with the Planning Commission based on the information
provided with your original submittal (a date will be set in accordance with the Planning
Commission's published schedule as mutually agreed to by you and the County), OR
(3) Request indefinite deferral and state your justification for requesting the deferral. (Indefinite
deferral means that you intend to resubmit/request a public hearing be set with the
Planning Commission after the 30 day period.)
If we have not received a response from you within 30 days, we will contact you again. At that
time, you will be given 10 days to do one of the following: a) request withdrawal of your
application, b) request deferral of your application to a specific Planning Commission date as
mutually agreed to with staff, or c) request indefinite deferral and state your justification for
requesting the deferral. If none of these actions is taken, staff will schedule your application for a
public hearing based on the information provided with your original submittal.
Unless you fail to respond within the time periods specified above, a public hearing with the
Planning Commission will not be advertised until you advise us that the project is ready to proceed
to a public hearing. At that time, a legal advertisement will be run in the newspaper and a staff
report will be prepared to go to the Planning Commission.
Please be advised that, once a public hearing has been advertised, only one deferral prior to the
Planning Commission's public hearing will be allowed during the life of the application. The only
exception to this rule will be extraordinary circumstances, such as a major change in the project
proposal by the applicant or more issues identified by staff that have not previously been brought
to the applicant's attention. As always, an applicant may request deferral at the Planning
Commission meeting.
Please feel free to contact me if you wish to meet or need additional information.
Sincerely,
Judith C. Wiegand
Senior Planner
Community Development
cc: Hurt Investment Co.
River Bend Drive
Charlottesville, VA 222911
Jeremy Harvey (via e-mail)
ZMA 2010-00005, Richmond Road Entrance, Neal Wright, September 2, 2010 5
Attachments
Attachment 1 Comments from Glenn Brooks, county engineer, dated August 13, 2010
Attachment 2 Comments from VDOT, dated August 19, 2010
Attachment 3 Comments from Rivanna Water & Sewer Authority, dated August 18, 2010
Application#: ZMA201 000005 Short Review Comments
Project Name: Richmond Road Entrance
Date Completed' 08/18/2010
Reviewer: Bill Fritz CommDev-Current Development
Review Status: Pending
Reviews Comments: I have reviewed the information submitted in support of this application and offer the following
comments.
The entrance is not aligned with any travel way.The location of parking and on-site circulation is not
clearly delineated. Parking near the new entrance onto Route 250 cannot back into the entrance. On
site circulation appears awkward but without sufficient detail showing the layout of parking and
circulation I cannot provide detailed comments.
If this rezoning is approved a site plan amendment will be required. In addition to showing all of the
physical conditions and changes on site, the site plan amendment will need to include parking
calculations to indicate how many parking spaces are being removed and how many installed.
Date Completed' 08/06/2010
Reviewer: James Barber Fire Rescue
Review Status' No Objection
Reviews Comments: (Must comply with the Virginia Statewide Fire Prevention Code. Final approval is subject to field
inspection and verification.
Date Completed: 08/11/2010
Reviewer: Margaret Maliszewski ARB
Review Status Requested Changes
Reviews Comments: Construction of this site predates the establishment of Route 250 East as an Entrance Corridor. The
Entrance Corridor frontage includes no trees or shrubs.The opening of an entrance through the
planting strip limits planting area and the future potential to establish a continuous landscape along
the corridor from Newhouse Drive to Riverbend Drive. (If utilities exist in the planting area, they
should be identified on the plan.) If a site plan amendment is required, the amendment will require
ARB approval.
Date Completed: 09/30/2010
Reviewer: Margaret Maliszewski ARB
Review Status: Requested Changes
Reviews Comments: The current application plan (dated 9-20-10) shows 6 trees added to the site, two of which are along
the Entrance Corridor frontage with one of these in a new"green space"at the northeast corner of the
building. Four of the six trees are shown at the interior of the parking lot.The addition of the green
space, trees along the EC, and trees in and around the parking area is an improvement to the site.
The addition of a row of shrubs and three more trees along the EC frontage would bring the site into
closer conformance with EC Guidelines.
Previous Current Development comments indicate that a site plan amendment will be required if the
ZMA is approved.The additional trees and shrubs will be recommended as part of the site plan
review. Also, existing site elements including trees, shrubs, light poles, etc., should be added to the
existing conditions plan for the site plan submittal.
It would be helpful to clarify whether the trees currently shown on the Site &Grading Plan are
,considered required elements of the rezoning plan.
Date Completed: 10/07/2010
Reviewer Sarah Baldwin Admin Zoning Review
Review Status. Pending
Reviews Comments: 1. The existing conditions plan does not contain the additional detail requested on the other parcels
surrounding this parcel more specifically those fronting US 250 and Riverbend Drive.
Date Completed: 08/23/2010
Reviewer. Sarah Baldwin Admin Zoning Review
Review Status: Requested Changes
PanP inn C:otinty of Albemarle Printed On. Thursday. October 07.2010
Reviews Comments. 1. Please provide us with a complete application plan showing existing uses. Staff is willing to
(consider use of approved site plan SDP2008-33 for a portion of the site, which was originally done by
B. Aubrey Huffman dated 2/16/98. However, we will require more detail to the out parcels fronting
U.S. 250 and Riverbend Drive. There are older site plans, specifically SDP87-81, that provide more
detail for this area. Such detail on the site plan should include existing egress and ingress, building
site, parking spaces and utilities.
2. The prior site plan (SDP 87-81) for this site provided 92 spots. It appears that the calculation was
based upon the use of restaurant which is 13spaces per 1000 square feet. The Applicant may wish to
use the PDSC parking calculation of 4.75 spaces per 1000 square feet for the entire site. Other
alternatives may include using the square footage of the individual parcel which contains a 7211
square feet bulding, since an argument could be made that the site operates as an outparcel. Both of
the alternatives would result in a lower parking requirement and may allow the applicant to provide
better internal circulation. If any alternative parking standard is utilized, Staff will require a parking
study for justification.
on„o• 9 nn (:aunty of Albemarle Printed On: Thursday October 07 2010
Sarah Baldwin
From: Amelia McCulley
Sent: Tuesday, November 30, 2010 10:14 AM
To: Steve Melton
Cc: Sarah Baldwin
Subject: FW: 260 Pantops Center- (Old Ponderosa Steak House Bldg)
Steve,
Hope you had a great thanksgiving. I recognize you are on a tight deadline. I'm sorry
didn't have a prompt and clear answer for you. The rezoning file is not very clear as to
whether there is any limit to use or square footage built. As you know, this property
was shown on an outlot with a 7,000 square foot family restaurant. Do you have any
insight into whether the square footage listed on the plan a) includes this property and
b) has been met yet?
From: Wayne Cilimberg
Sent: Wednesday, November 24, 2010 10:55 AM
To: Amelia McCulley
Cc: Sarah Baldwin
Subject: RE: 260 Pantops Center - (Old Ponderosa Steak House Bldg)
Sarah and I spent a little time looking through the files on this. To make a long story short, it appears that the only
application plan that exists is the one dated May 10, 1983. The 1985 re-zoning appears to have taken a very minimal
amount of acreage from the corner bank parcel and added it to the Bonanza parcel. The PC did not recommend
approval of this re-zoning because stipulations from the 1983 re-zoning regarding land to be added to the application
plan and designated for non-development uses(ex. open space) had not taken place (Sarah can explain the particulars).
However, two days after the PC action,the Board unanimously approved the 1985 re-zoning without any stipulations.
So the real question pertinent before Steve Melton's request seems to be what the allowable PD-SC use types and
applicable square footage are for this property as re-zoned in 1983 and how much of that square footage by use type
has been used. Sarah indicated she has done calculations for the ZMA currently before the County which would be
helpful. If office uses are an allowable use type (one of the development areas on the application plan is designated
with "typical uses" as office) and there are 23,000 square feet still available then I think this could qualify as a variation
under the following from 8.5.5.3:
"Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown
on the plan and their relationships remain the same;"
Let me know if we need to further discuss.
From: Steve Melton imailto:vlcsmelton0aol.comj
Sent: Tuesday, November 23, 2010 3:39 PM
To: Amelia McCulley
Subject: 260 Pantops Center- (Old Ponderosa Steak House Bldg)
Amelia—
I am in the process of working on a request for proposal for lease of space with the University of Virginia and would like
to include in our package the above referenced building.As you may be aware there is currently a Zoning Map
Amendment (ZMA 1010-00005) to amend the site in order to construct a new entrance off Richmond Road (Rt. 250).
Putting this aside for a moment, if everything were left the way it was and I presented a plan to demolish the existing
i
building (7,333 sq.ft.) and construct a new three story building of approximately 23,000 sq. ft.to accommodate a
psychiatric clinic what would you require us to do? Would we be required to rezone or would it be eligible for a
variation?The parking lot is in along with drainage, utilities and landscaping. Actually removing the existing building
would allow for the building to be better situated and perhaps even pick up some additional parking. My main object of
asking you this question is approximately how long would it take to get through the process? I need to turn this proposal
in by December ft and know you are very busy, but could you perhaps give me a very approximate idea of what I would
be up against. Please do not let this interfere with the current ZMA for a new entrance.
Thank you very much for your consideration of the matter and I hope you have a nice Thanksgiving!
Steve
Stephen M.Melton
Realtor
Virginia Land Company Of Charlottesville,Inc.
P.O. Box 8147
195 Riverbend Drive
Charlottesville, VA 22906
Office: (434)979-8181 Fax: (434)296-3510 Cell:(434)906-2588 Home: (434)823-2588
vlcsmelton@aoll.com
Commercial Sales-Leasing-Property Management
2
222
June 15, 1983 (Regular Night Meeting)
A regular meeting of the Boar . of Supervisors of Albemarle County, Virginia, was held
on June 15, 1983, at 7: 30 P .M. , in Meeting Room #7, Second Floor, County Office Building,
401 McIntire Road, Charlottesville, Virginia.
Present : Mr. James R. Butler, Mrs. Patricia H. Cooke, Messrs . Gerald E. Fisher,
J. T. Henley, Jr. , C. Timothy Lindstrom (Arrived at 7: 38 P.M. ) and Miss Ellen V. Nash.
Absent : None .
Officers Present : County Executive, Guy B. Agnor, Jr. ; County Attorney, George R.
St . John; and County Planner, Robe t W. Tucker, Jr.
Agenda Item No . 1 . The meeti g was called to order at 7: 35 P.M. by the Chairman, Mr. _
Fisher.
Agenda Item No. 2. Introduct: Jn of delegates from Albemarle County to State 4-H
Congress.
Mr. Jeff Kirwan, Extension Ag, at, was present and said he works with the 4-H program.
Mr. Kirwan said. approximately 1500 to 2000 4-H'ers from around the State will be attending
the Congress next week on the campis of VPI-SU. The delegates attending have earned their
way by their accomplishments in thi 4-H program during the year. Mr. Kirwan then introduced
the following delegates from Albemarle County, noting the magisterial district in which they
live and achievements of each dele; ate. The delegates were as follows : Scott Leonard, Ray
Wyant, Lisa Powell, Karen Morris, lthea Powling, Matt Moore, Brent Garland, Anne Perkins ,
Charlotte Gardner, Catherine Essex and Thomas Sawyer.
Mr. Fisher expressed pleasure in meeting the delegates and in their representation of r.
Albemarle County at the State 4-H ;ongress .
Agenda Item No . 3 . ZMA-83-2 Riverbend Limited Partnership and Carlo Columbini.
Request to rezone approximately 2 ; .735 acres currently zoned C-1 and HC Highway Commercial
to be rezoned PD-SC . Located off east side of Riverbend Drive, south of Route 250 East and
southeast of Free Bridge, north of Rivanna River. County Tax Map 78, Parcels 17D, 17D2,
17G, 17F arid parts of Parcels 15C1 and 17A. Rivanna District. (Advertised in the Daily
Progress on May 31 and June 7, 1983. )
Mr. Robert W. Tucker, Jr. , County Planner, was present and noted that the staff, report
contains information for both the zoning map amendment and the site plan for Riverbend.
However, he will review only the zoning map amendment information contained within the
report:
"Requested Zoning: PD-SC Planned Development-Shopping Center
Acreage: 28.735 acres
Existing Zoning: C-1 Commercial
Location: Property is located south of Route 250 East behind First Virginia Bank
Central and Hardees and between Newhouse Drive and Riverbend Drive .
Character of the Area: From available topo mapping, it appears that much of
this site was graded prior to 1969. Since past grading has altered natural
soil profiles, the Soil Conservation Service choose to map this area as
'cut and fill' . Additional soil information is not available. Mr.
Gordon Yager of the Soil Conservation Service notes that 'this site is
located almost entirely on cut and fill . . . offsite drainage and stormwater
will be important considerations in this project . ' It appears that most
fill areas are on the periphery of the site. Mr. Yager stated verbally
that he had noted areas of erosion some years ago indicating that fill areas
may not be suitable for building development . Engineering studies
should be performed on the building site and parking areas prior to
construction.
The site would be visible from commercial and residential areas in
the City. On the final site plan for the main center, the applicant
proposes screening of the service areas on the site 's perimeter with
about 100 white pines .
Zoning Ordinance Criteria for Review: Staff has reviewed this rezoning
request under the following Zoning Ordinance provisions:
- Section 1. 4 Purpose and Intent
- Section 1.5 Relationship to Environment
- Section 1. 6 Relationship to Comprehensive Plan
- Section 25. 0 Planned Development-Shopping Center
The applicant is requesting rezoning from one commercial designation
to another. Benefits to the applicant are a broader range of
commercial uses and more favorable floor area to parking standards .
Benefits to the general public derive from the opportunity to address
the proposed development in broader terms than are realized under
conventional zoning and site plan reviews . This planned development
approach resulted from discussions between the applicants and staff
several months ago. While resolution of technical problems has
resulted in lengthy review, cooperation and effort among the applicants
and review agencies has been continous and has hopefully resulted in an
improved plan of development as compared to the initial proposal.
, Hopefully, this approach will be continued throughout the development
of the Pantops area as well as in other urbanizing areas of the County .
VIRGINIA LAND
COMPANY
072_
RECEIVED
APR 1 1 1011
COMMUNITY
DEVELOPMENT
195 Riverbend Drive • "Pantops" • P.O. Box 8147 • Charlottesville, VA 22906
(804) 979-8181