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HomeMy WebLinkAboutSUB201300015 Correspondence 2013-02-11 February 20, 2013 ‘as0 ' William D. Fritz, AICP Chief of Special Projects Albemarle County Community Development Department 401 McIntire Road, North Wing Charlottesville, Virginia 22902 Via: Hand Delivery RE: SUB2013 -015 Christian Aid Mission Subdivision Plat Dear Mr. Fritz, Enclosed please find ten (8) sets of revised subdivision plat for the referenced project. The plat has been revised in response to staff comments dated February 13, 2013 in accordance with the following: PLANNER COMMENTS 1. [302A(9)] Add the following note: "Proposed TMP 59 -23G and Residue TM 59 -23G1 each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance ". Comment addressed. 2. [302B(5)] Revise note 4 to clarify that Proposed TMP 59 -23G is zoned HC, Highway Commercial and Residue TM 59 -23G1 is zoned CO, Commercial Office. Comment addressed. 3. [302(B)8]Note the required yards. You may either show the required yards or provide the following note: "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. No off - street parking or loading space shall be located closer than ten (10) feet to any public street right -of -way. Adjacent to rural area districts. No portion of any structure, excluding signs, shall be erected closer than fifty (50) feet to any residential or rural areas district. no off - street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district." Comment addressed 4. [303(0) and 303(P)] Provide signature panels (and owners notarized signature) for both Christian Aid Mission and Korean Community Church in Charlottesville. Comment addressed. 5. [303(Q)] Revise note 9. This site is served by public water and private sewer. Comment addressed. Thank you, ristopher C. Winters, LS Director of Surveying 434 - 979 -8121 x108 (office) 434 - 987 -3265 (mobile) s CO Dominion " y Engineering 172 South Pantops Drive Charlottesville,VA 22911 W y 434.979.8121 dominioneng. cons 0 8 kwinters(udominioneng.com / 41100 # Nliti CW A �'IRGINZ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 February 13, 2013 Kristopher Winters 172 South Pantops Drive Charlottesville, VA 22911 By email — kwinter @dominioneng.com RE: SUB 2013 -015 Christian Aid Mission Subdivision Plat Dear Mr. Winters, I have reviewed the above referenced subdivision plat. With the following additions to the plat it may be approved for recordation: [Each comment is preceded by a reference to the applicable section of Chapter 14 of the Code of Albemarle.] 1. [302A(9)] Add the following note: "Proposed TMP 59 -23G and Residue TM 59 -23G1 each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance ". 2. [302B(5)] Revise note 4 to clarify that Proposed TMP 59 -23G is zoned HC, Highway Commercial and Residue TM 59 -23G1 is zoned CO, Commercial Office. 3. [302(B)8] Note the required yards. You may either show the required yards or provide the following note: "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. No off - street parking or loading space shall be located closer than ten (10) feet to any public street right -of- way. Adjacent to rural areas districts. No portion of any structure, excluding signs, shall be located closer than fifty (50) feet to any residential or rural areas district. No off - street parking or loading space shall be located closer than twenty (20) feet to any residential or rural areas district." 4. [303(0) and 303(P)] Provide signature panels (and owners notarized signature) for both Christian Aid Mission and Korean Community Church in Charlottesville. 5. [303(Q)] Revise note 9. This site is served by public water and private sewer. With the above revisions the plat may be approved for recordation. As part of this application a request for modification of the requirements of Chapter 14, Section 404 of the Code of Albemarle has been submitted. This request is to allow the Christian Aid Mission to continue to access Route 250 (Ivy Road) directly and for the Korean Community Church to access Route 250 (Ivy Road) via Kirtley Lane instead of both parcels using a single point of access. I have reviewed the request and the considerations and findings that must be made in accord with the provisions of Chapter 14, Section 404(D) of the Code of Albemarle. The request for modification is approved. This approval is based on the prior actions of the County to approve site plans for both uses, the significant impact that wouldoccur on the Christian Aid Mission development. Furthermore, granting the waiver forwards the orderly development of the area and allows for the use of existing infrastructure, Kirtley Lane, without generating the need for additional disturbance. If you have any questions regarding any of these comments please contact me. Sincerely, William D. Fritz, AICP Chief of Special Projects Bill Fritz From: Bill Fritz Sent: Wednesday, January 16, 2013 10:27 AM To: 'Cynthia @christianaid.org'; 'Besemer77 @gmail.com' Cc: Mike Myers; Ron Lilley Subject: Christian Aid Mission and Korean Community Church Subdivision Attachments: Christian Aid Mission and Korean Community Church.docx Attached is a letter outlining the possible method of resolving the subdivision violation. I believe it should be a straightforward process. If you have any questions please feel free to contact me. William D. Fritz, AICP Chief of Special Projects 434 - 296 -5823 ext. 3242 V w � AL , 4, r� r Tl ACT COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 January 16, 2012 Cynthia Finley, Pres. P.O. Box 9037 Charlottesville, VA 22906 and Dr. Yong Kim Korean Community Church in Charlottesville P. O. Box 6599 Charlottesville, VA 22906 RE: Subdivision Violation Dear Ms. Finley and Dr. Kim, Thank you for meeting with the County to discuss correcting the subdivision violation that has occurred. The specific subdivision violation which has occurred is a violation of the provisions of Chapter 14, Section 103C of the Code of Albemarle. This provision states: 14 -103 Acts prohibited without complying with chapter. Unless this chapter and Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with: C. A person shall not sell or transfer any land of a subdivision before a plat has been duly approved and recorded as provided in this chapter, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. However, the prohibited act stated in this paragraph does not prevent the recordation of the instrument by which the land is transferred or the passage of title as between the parties to the instrument. A deed recorded in Deed Book 3063 Page 110 transferred 3.848 acres from Christian Aid Mission to Korean Community Church in Charlottesville (the Korean Community Church). This acreage was not a separate parcel and could not be transferred as a separate parcel unless a subdivision was first approved. The acreage was originally transferred to Christian Aid Mission from Woodvale Land Company, Inc. by a deed and plat recorded in Deed Book 684 Page 610. In that deed the 3.848 acres is referred to as Parcel B. A plat, recorded in Deed Book 684 Page 613, states in part "Parcel B to be added to and become part of the Christian Aid Mission property. Parcel B does not qualify as a separate parcel by County ordinances." At the time this deed and plat were recorded, September 28 1979, no County approval was required for this type of Boundary Line Adjustment. The 3.848 acres is a part of the Christian Aid Mission property, currently identified as Tax Map 59, Parcel 23G1. We discussed several options at the meeting, some of which involved multiple parties and multiple waivers or options that were not workable forms of ownership. One possible remedy was identified which staff was unable to fully respond to at the meeting. I have done some research into the option and believe it is a viable solution. That solution would be to create a parcel for the Korean Community Church that would include a strip of land that would front on an existing public street. At the meeting we discussed the strip running parallel to the railroad and extending to Broomley Road. This distance is approximately 1000 feet. Another option, not discussed at the meeting, would be to have the strip of land run parallel to the Volvo dealership extending to Ivy Road. This distance is approximately 200 feet. The strip of land would have to be no less than 30 feet wide. Either option provides the parcel for Korean Community Church with the required frontage. In order to create a parcel for the Korean Community Church a subdivision plat will need to be submitted and approved as provided for by Chapter 14, Section 206B of the Code of Albemarle. As part of this application a request to waive the provisions of Chapter 14, Section 404 of the Code of Albemarle will be required. In order to process a waiver the applicant will need to submit the information required by Chapter 14, Section 404D of the Code of Albemarle. At this time the County is taking no action on the subdivision violation. We request that you pursue submittal of a subdivision application in a timely manner. If you have any questions please feel free to contact me. Sincerely, William D. Fritz, AICP Subdivision Agent Cc: Mike Meyers by email Ron Lilley by email Bill Fritz From: Bill Fritz Sent: Friday, December21, 2012 3:47 PM To: Greg Kamptner Subject: Fire Station Greg, I am seeking your legal advice on the issues surrounding the subdivision violation I have determined exists for the Korean Community Church of Charlottesville and the impact on easements necessary for the fire station. The purpose of this document is to summarize the history and start a discussion of the issues associated with the property occupied by the Korean Community Church and described as Tax Map 59, Parcel 23G. There exists a violation of the subdivision ordinance which may be resolved by approval of a subdivision plat. The main issues associated with approval of a subdivision plat are: - Private street approval is needed. This has potential problems: o Owners approval from three or four parcels. Including potential approval from lien holders. o Private street design standards have to be met. As currently built the road likely does not meet the minimum standards. - Waiver from Section 404 is required. This is likely a straightforward waiver. I do not see major issues. In addition to the subdivision violation there appears to also be a site plan violation. - The site plan for the Fire Station may have been approved in error and that approval may have to be rescinded. The relevant subdivision history for this property is: DB 684 Pg 610 (1979) 3.848 acres is transferred to the Christian Aid Mission. This is the property that is now shown as Tax Map 59, Parcel 23G owned by Korean Community Church. The plat shows this land being added to and becoming a part of the Christian Aid Mission property and specifically notes that the land does not qualify as a separate parcel. This plat was not reviewed by the County. County review of boundary line adjustments was not required by the ordinance in effect in 1979. DB 684 Pg 619 (1979) An easement is established providing access to the 3.848 acre portion of the Christian Aid Mission Property, Kirtley Family Holdings LLC and the Virginia Exploration Inc properties. This easement is 30 feet in width. DB 1330 Pg 568 (1993) A certificate of plat is recorded. This plat clearly shows the 3.848 acres as a portion of the Christian Aid Mission property and not a free standing parcel. DB 1342 Pg 611 (1993) A boundary line adjustment plat is recorded. This plat clearly shows the 3.848 acres as a portion of the Christian Aid Mission property and not a free standing parcel. DB 3063 Pg 110 (2005) This deed transfers 3.848 acres from the Christian Aid Mission to the Korean Community Church as a free standing parcel. No plat was submitted to or approved by the County. The recordation of this plat constitutes a violation of Chapter 14 of the Code of Albemarle. 1 It is my finding that a violation of Chapter 14 of the Code of Albemarle (the Subdivision Ordinance) occurred on September 6, 2005 when a deed was recorded (DB 3063 Pg 110). This deed transferred 3.848 acres from Christian Aid Mission to the Korean Community Church as a free standing parcel. The creation of the 3.848 acre parcel as a free standing lot was not approved by the County. The remedy for this situation is the submittal and approval of a subdivision plat or vacation of the deed. A subdivision plat will involve the owners of what are currently shown as Tax Map 59 Parcels 23G1 (Christian Aid Mission), 23G (Korean Community Church in Charlottesville), 23B1 (Kirtley Family Holdings LLC) and 23B2 (Virginia Exploration Inc.). The property currently identified as Tax Map 59, Parcel 23G should not be a separately identified parcel but is in fact a portion of Tax Map 59, Parcel 23G1. In order to create a free standing parcel a private street will need to be established in order to provide the necessary frontage. Kirtley Lane currently provides access to Tax Map 59, Parcel 23G however it was never approved as a private street. A private street may be approved by the Commission as provided for in Chapter 14, Section 232 (a) or (b) of the Code of Albemarle. The private street may not be approved administratively. In order to establish Kirtley Lane as a private street the submitted subdivision plat will need to include a request and justification for a private street. This request and justification must be submitted as provided for by Chapter 14, Section 234 of the Code of Albemarle. Because the street crosses Tax Map 59, Parcel 23B1 they must participate in the subdivision process. Some parking on the west side of Kirtley Road straddles the property line between parcels Tax Map 59, Parcel 23B1 and 23B2, if the design of the road must be altered so that it impacts parcel 23B2 then that parcel will also have to participate in the subdivision process. Prior to Planning Commission review we must have documentation from the owners of those impacted parcels that they are interested in and supportive of the designation of Kirtley Lane as a private street. The owners of those impacted lots will also have to sign the plat prior to the plat receiving final County approval. Getting approval from all property owners may be complicated if any of the parcels have lien holders. As part of the review process information must be submitted to insure that the private street meets the minimum design standards. Meeting the minimum design standards may be difficult due to the alignment of parking along Kirtley Lane, width of easement (30 feet), general construction standard and grade. The design standards may be found in Chapter 14, Sections 410 and 412 of the Code of Albemarle. I have also identified one additional waiver that must be processed with the subdivision plat. A waiver from the provisions of Chapter 14, Section 404 of the Code of Albemarle must be approved in order for the subdivision to be approved while allowing the existing entrances onto Route 250 to remain. In short the section to be waived requires all lots in the subdivision to have access only to the private street established at the time of the subdivision. Tax Map 59, Parcels 23G and 23B2 currently have access directly to Route 250. If a wavier is not approved they will have to close those entrances and use only Kirtley Lane for access. In order for a waiver to be processed the applicant must submit a request and justification as provided for in Chapter 14, Section 404 of the Code of Albemarle. The site plan for the fire station SDP 2012 -15 was approved on November 7, 2012. This plan shows required parking on the adjacent property; the Korean Church. At the time of approval of the site plan the church had stated its intent to provide a parking easement but the easement was not in place. Chapter 18, Section 4.12.8(e) of the Code of Albemarle requires an instrument to insure the availability of parking be recorded prior to approval of the site plan. No instrument was recorded. The easement cannot be granted because the Korean Community Church of Charlottesville does not have clear title to the property due to the subdivision violation. Therefore, it may be appropriate to rescind approval of the site plan. One easy possible solution to this situation does exist. Unfortunately, it is likely only an easy solution from the County's position. That solution would be for the Christian Aid Mission and Korean Church to own the property with an undivided interest. If this occurs there is no need for a subdivision to be pursued and none of the issues with the private street or the waivers come into play. The recordation of an easement for parking would still need to be recorded to resolve the site plan violation issue. Another possible solution would be for the County to condemn the necessary easements. This would be done only if all other options failed. Condemnation may be complicated by the existing subdivision violation. Who would the offer for the easement be made to? I believe it would have to be the Korean Community Church of Charlottesville and Christian Aid Mission as joint owners. Any comment you can provide on the mechanics of condemnation would be appreciated. William D. Fritz, AICP 2 Chief of Special Projects 434 - 296 -5823 ext. 3242 3 Bill Fritz From: Sarah Baldwin Sent: Tuesday, December 18, 2012 10:05 AM To: Bill Fritz Subject: FW: Korean Community Church - 12 -17 -12 meeting at County Dragging you into the loop - Sarah D. Baldwin Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 -4596 (434)296 -5832 (434)972 -4126, fax Please consider the environment before printing this mail. From: Mike Myers [mailto:mmyersc dominioneng.com] Sent: Tuesday, December 18, 2012 9:27 AM To: 'Yong I. Kim'; 'Lowe, Gary E *HS'; 'George Dygert' Cc: David Benish; Sarah Baldwin; 'Kris Winters, LS' Subject: Korean Community Church - 12 -17 -12 meeting at County Gentlemen, This email summarizes the meeting I had with David Benish and Sarah Baldwin from Albemarle County on Monday, December 17, 2012. At the meeting, we discussed the status of the Korean Church (KC) parcel (TM 59 -23G) and the Christian Aid Mission (CAM) parcel (TM 59- 23G1). Deed records indicate that the KC parcel was transferred on August 1, 2005 in DB 3063 PG 110 that included a plat recorded at DB 684 PG 613. However, this plat consolidated the KC parcel with the CAM parcel. A subsequent plat recorded at DB 1342 PG 611 shows this consolidation. In order to re- create the KC parcel, I presented a plat of correction, which essentially re- creates the common property line between the KC parcel and the CAM parcel. As discussed, there may be some issues with the plat of correction from a County processing point of view and we may have to go through a two -lot subdivision process instead. However, this situation is unique in that the County has already approved a site plan for the KC based on the new parcel. In any event, David will do his best to get back to me by Friday of this week with a determination after he consults with the County Attorney. Thanks very much, please call me with any questions on this, Mike Michael Myers, PE, CFM 434 - 979 -8121 x140 (office) 434 - 906 -3161 (mobile) 4 _ Dominion Engineering & Design, LLC 1 New EIIie Ray From: Ellie Ray Sent: Thursday, October 18, 2012 3:29 PM To: Ron Lilley Cc: Sarah Baldwin; 'Craig Kotarski'; Joanne Tu Purtsezova; David Benish Subject: RE: Korean Chuch - Lease Exhibit showing access and temproary construction easements Attachments: FW: summary of meeting with Ron Lilley on Friday 09/14/12 regarding SDP - 2012 -015 Ivy Fire Station at Kirtley Warehouse Ron, Joanne, David and I got together to discuss this today and decided that an email stating KCC's intent to grant the easement is fine. However, the exact location and dimensions of the easement will need to be shown accurately on the site plan. It appears from the email string below that the details of the easement location(s) are still being negotiated and that a meeting is planned for 10/23 to resolve the remaining issues. Once that happens, the site plan should be updated to reflect the agreed upon easement location and an email stating the intent to grant should be provided from KCC. if you have any questions on this, let me know. As an aside, the parking issue still seems a little murky. The plan states that 26 spaces are required and that 65 spaces are provided. However, there is no indication on the plan about where these 65 spaces are located. It looks like there are only 25 spaces on the Kirtley site. Additionally, there was a parking determination completed by Zoning back in maybe 2009 or 2010 for a shared parking agreement amongst all of the adjacent parcels, which is also impacted by the parking on this site. Joanne has referenced this in her comments (attached). We pulled a copy of the determination and gave that to Zoning with a copy of this site plan, and are awaiting their determination as to whether the parking still meets both the requirements of this particular site and the previously approved shared parking agreement. Once we get their review, the plan will need to be updated to reflect the accurate parking required and provided. Hope this helps clarify things. If not, please give me a call or stop by to discuss. Thanks, Ellie Carter Ray, PLA Senior Planner Albemarle County Community Development ph: 434.296.5832 x. 3432 From: Ron LiIley Sent: Wednesday, October 17, 2p 12:21 PM To: Joanne Tu Purtsezova Cc: Ellie Ray; Sarah Baldwin; 'Craig Kotars. Subject: FW: Korean Chuch - Lease Exhibit sh. 'ng access and ' mproary construction easements Joanne — I am forwarding a string of e -mails that I this , provides what i Ceded in terms of an indication of intent by KCC for the easements associated with ou vy Road Fire Station s' elan. The attached "sketch plat" ("1348 ► e 1.pdf') was provided by Mike Myers . orninion Engineering to help clarify the minor adjustments t . Yong Kim refers to. The attached "kcc easem- t plat.pdf' is what has been submitted to date, which shows the Locations referred to in detail. 1