Loading...
HomeMy WebLinkAboutLOD202200009 Action Letter 2022-09-29�~ OF 1Lg County of Albemarle COMMUNITY DEVELOPMENT September 28, 2022 Valerie Long Williams Mullen vloneCa)wi I I iamsmu I len.com cc: Megan Nedostup, Williams Mullen RE: Request for Official Letter of Determination- White Gables II Pavilion VI (TMP 60-26) Ms. Long: LEA BRUMFIELD Senior Planner II, Zoning I bru mfi a IdRal bema rle.ora tel: 434-296-5832 ext. 3023 In response to your request for a determination regarding the proposed structure at tax map parcel 60-26 (the "Property"), identified on the Conceptual Plan for SP 2002-23 White Gables as"Pavilion VI," I have consulted with the Zoning Administrator and the County Attorney. You requested confirmation that the proposal of four stories over parking at Pavilion VI would be in general accord with the approved SP 2002-23 concept plan. My findings are outlined below. SP 2002-23 White Gables On March 19, 2003, the Albemarle County Board of Supervisors approved SP 2022-23 White Gables, to allow the development of 76 condominium dwelling units in a CO - Commercial Office zoning district (Attachment A). The approval included conditions of approval, including the following: 1. The approved final site plan shall be in general accord with the Conceptual Plan (January 10, 2003 revision) (the "Conceptual Plan") and special permit justification dated April 22, 2002. Modifications to the design of the interior loop road, approved by the Director of Engineering and Public Works to accommodate fire trucks, shall be deemed to be in general accord with the Conceptual Plan. The Conceptual Plan (Attachment A) includes two tables of detailed information on the plan: "Summary Statistics" and "Parking Summary." The Summary Statistics table includes information on the total number of dwelling units and the number of floors indicated for each of seven pavilions to be built. The SP 2002-23 White Gables Conceptual Plan does not identify main elements on the plan, but does include the "Summary Statistics" and "Parking Summary" tables. The "Summary Statistics" table includes a total number of units for all pavilions, reading "Total (Not to Exceed): 76." General Accord For a site plan to be in "general accord" with a concept plan, the site plan must meet the broad overall character of the concept plan without being limited by narrow, precise considerations. In best practice, the broad overall character of the concept plan is determined by the main elements of the referenced plan, which generally includes the numbers and general location of buildings and infrastructure, approximate unit numbers, broad use types, and other details as identified on the plan. Analysis WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 In order to be in general accord with the SP 2002-23 White Gables Conceptual Plan, any proposed site plan must conform to the major elements of the plan. Since the major elements are not specifically indicated on the plan, they must be determined from the conditions of approval for the special use permit, and the general layout and broad character of the concept plan. The conditions of approval for the special use permit include requirements for setbacks, road plan and access requirements, a unit size requirement, and bicycle facility requirements, but do not describe any specific limits on the number of stories for the proposed pavilions. The conceptual plan does include specific limits on the number of stories for the proposed pavilions in the "Summary Statistics" table, but building stories are not specifically noted as major elements of the plan. The heights of the proposed pavilions vary between three and four stories across the six pavilions. The pattern of height distribution in the table assigns the pavilions at a higher elevation a limit of three stories, and the pavilions at a lower elevation four stories, with the exception of Pavilion VI, which is at a lowelevation and assigned a limit of three stories. Under this pattern, the proposal to build Pavilion VI four stories tall meets the broad character of the concept plan. Conclusion As the proposal to build four stories over parking at Pavilion VI is in accord with the broad character of the concept plan, the proposal is in general accord with the approved SP 2002-23 White Gables Conceptual Plan. You may have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. This determination will be final and unappealable if not appealed within 30 days. An appeal may betaken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with § 18-34.3 of the Zoning Ordinance, along with a fee of $295.36 plus the actual cost of advertising the appeal for public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at https://www.a lbemarle.org/government/com mu n ity-development/apply-for/letter-of-determination-or-zon i ng- compliance. This form applies to the appeal of a decision of the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at https://www.albemarle.org/government/community- d eve l o p m e nt/advisory-boards/board -of-zoning-appeals. If you have any questions, please contact me. Sincerely, yrzf� Lea H. Brumfield Senior Planner 11, Designee of the Zoning Administrator Albemarle County 401 McIntire Road, Charlottesville, VA 22902 lbrumfield@albemarle.org Copy: Bart Svoboda, Zoning Administrator; Francis MacCall, Deputy Zoning Administrator; Andy Herrick, Deputy County Attorney Attachment A: SP 2002-23 White Gables Approval WWW.ALBEMARLE.ORG 401 McIntire Road, Suite 228 1 Charlottesville, VA 22902-4596 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 March 26, 2003 Vito Cetta Weather Hill Homes 315 Old Ivy Way Charlottesville, VA 22903 RE: SP-02-023 White Gables, Tax Map 60, Parcels 26 and 26A Dear Mr. Cetta: The Albemarle County Board of Supervisors, at its meeting on March 19, 2003, by a vote of 5:0,approved the above -noted request. Please note that this approval is subject to the following conditions: 1. The approved final site plan shall be in general accord with the Conceptual Plan (January 10, 2003 revision) (the "Conceptual Plan") and special permit justification dated April 22, 2002. Modifications to the design of the interior loop road, approved by the Director of Engineering and Public Works to accommodate fire trucks, shall be deemed to be in general accord with the Conceptual Plan. 2. As shown on the Conceptual Plan, no new structures shall be located in the front (southern) portion of the property. There shall be a minimum distance of two hundred fifteen (215) feet between the southern -most structure and the front (southern) property line. 3. The entrance road shown on the Conceptual Plan shall be constructed by the applicant to an urban road standard from its junction with Route 250 West to the interior loop, and shall include a sidewalk or other appropriate pedestrian path, constructed to a standard acceptable to the Departments of Planning and Community Development and Engineering and Public Works, along one side connecting the interior loop to the public sidewalk at Ivy Road. 4. All roads on the property connecting to adjacent properties as shown on the Conceptual Plan shall be constructed by the applicant to an urban section standard, with a minimum width of twenty (20) feet, final width to be determined at the time of final site plan approval by the Director of Engineering and Public Works. All roads connecting to adjacent properties shall include a sidewalk or other appropriate pedestrian path along one side, constructed to a standard acceptable to the Departments of Planning and Engineering and Public Works, providing a connection to the public sidewalk at Ivy Road. 5. Upon request by the County, an access easement shall be provided on the property for traffic from the Kappa Sigma property (Tax Map 60, Parcels 27 and 27B) across the White Gables property to its entrance at Ivy Road, as shown on the Conceptual Plan. This access shall be constructed by the applicant to the same standard as required in Condition 4. 6. Should a consolidated entrance be located at a point west of the White Gables property in the future, an access easement shall be provided on the property for traffic from the National Legal Research Group property (Tax Map 60, Parcel 25) across the White Gables property, and this access shall be reserved on the final subdivision plattsite plan. This access shall be constructed by the applicant to the same standard as required in Condition 4. In the event that such consolidated entrance is provided, either the Virginia Department of Transportation ("VDOT") or the County's Director of Engineering may require the applicant to close the existing entrance shown on the Conceptual Plan, convert it to a right in/right out only entrance/exit, or require that other modifications be made to the entrance. Page 2 March 26, 2003 7. Within each pavilion shown on the Conceptual Plan, the largest condominium unit shall be at least thirty (30) percent larger, based on floor area, than the smallest unit within the same pavilion. 8. The applicant shall comply with all requirements of the VDOT related to design and construction of the entrance to the property, as outlined in its letter of January 28, 2003 (Attachment H). The applicant shall be responsible for the cost of a traffic signal and its installation (the "signal") at the intersection of Route 250 West and an access point serving the property approved by VDOT and the County's Director of Engineering, as provided in this condition. Unless the signal already has been installed, the applicant shall pay to the County the cost of the signal as follows: (a) Prior to the issuance of a building permit for the fourth pavilion, the applicant shall place funds in escrow or provide other security ("security") acceptable to the County in an amount equal to the cost of the signal (currently estimated to be $140,000), which amount shall be calculated in the year in which the security is provided. The security shall continue so that it is available to pay for the cost of the signal until ten (10) years after the date of approval of this special use permit; security provided that is not in an interest -bearing account shall be annually renewed, and the amount of the security shall be adjusted each year according to the consumer price index; (b) If, at any time until ten (10) years after the date of approval of this special use permit, VDOT authorizes in writing the installation of the signal, and VOOT and the County's Director of Engineering approve the signal's installation before the applicant has obtained a building permit for the fourth pavilion, the County may demand payment of the cost of the traffic signal, and the applicant shall pay the cost to the County within thirty (30) days; and (c) The County may apply the applicant's security to construction of the access road or other elements of the future transportation improvement project other than the traffic signal. 9. The applicant shall provide bicycle facilities and walkways in conjunction with road improvements to Ivy Road as required by VDOT and the Department of Engineering and Public Works in conjunction with preliminary subdivision/site plan approval. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance. Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further information, please call Jan Sprinkle at 296-5832. If you should have any questions or comments regarding the above -noted action, please do not hesitate to contact me. Sincerely, -e'L�- V. Wayne Cilin4berg Director of Planning & Community Di VWC/jcf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Matt Grimes. VDOT McKee Carson and Field Sport Concepts, Ltd. reserves Its common law copyright and other property rights in these drawings. All ideas, designs, sections, details, and plans are the property of McKee Carson and Field Sport Concepts, Ltd. These plans are not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express permission and consent of either McKee Carson or Field Sport Concepts, Ltd.