HomeMy WebLinkAboutSDP199900022 Application Minor Amendment 1999-02-19 ✓ p -02 2- .
441 ,. RECEIVED
����• Application for 2,..k„cf �9 County of Albemarle
� 1 i Department of Planning and Coraant;T9ve�Ment
SITE DEVELOPMENT PLANS ®,}--m\ 401 McIntire Road
Charlottesville,VA i 22902�6�n •n i rag ����.
(and Site Plan Waivers) LnN0P 804 296-5823
Office Use Only: File Number Date Submitted -/7—qf
PRELIMINARY SITE DEVELOPMENT PLAN Fee Pald/Rec'd by
❑ Residential Fee of$945 plus$I0/dwelling unit(14 copies required)
❑ Non-Residential Fee of$1260 plus$10/1 000 sq.ft development(14 copies required)
FINAL SITE DEVELOPMENT PLAN-ADMINISTRATIVE
❑ Residential or ❑ Non-Residential Fee of$325 (14 copies required)
FINAL SITE DEVELOPMENT PLAN-COMMISSION REVIEW
❑ Prior to preliminary plan approval Fee of$900(14 copies required)
❑ After preliminary plan approval Fee of$630(14 copies required) �p
SITE PLAN WAIVER(Ordinance§ ) Fe ' (5 copies of sketch/plat required) 4Xi8
TITLE OF PROJECT: University Commons Completion Project Tax Map(s)-Parcel(s) 60A-11
Location 101- 117 Georgetown Road, located on the west side of Georgetown Rd, beginning
approximately 100 yards north of Barracks Road.
Existing Zoning R-6 Magisterial District Jack Jouett Acreage of parcel(s) 3.3451
IF RESIDENTIAL: Number and types of units 29 Resulting density 8.67du/acre
IF NON-RESIDENTIAL: Check One: ❑ Commercial ❑ Industrial 0 Quasi-Public
Complete the following: Square footage of building(s) Acreage of site
Intended use:
Contact Person Charles H. Smith, III Daytime Phone 804-817-1000 ext 2404
Mailing Address 1560 Robin Lane Charlottesville, VA 22911
Developer(If different from owner) Daytime Phone
Mailing Address
Surveyor/Archltect/Land Planner Daytime Phone
Mailing Address
Owner's Name(As listed currently In Real Estate Department) University Commons Unit Owners Association, Inc.
Daytime Phone 804-817-1000 ext 2404
Mailing Address 1560 Robin Lane Charlottesville, VA 22911
OWNER/APPLICANT SHALL READ AND SIGN
This site plan as submitted contains all of the information required by§32.5.6(Preliminary Plan)or by§32.6.6(Final Plan)of the
Albemarle County Zoning Ordinance.I understand that plans which lack information required by said sections shall be deemed
incomplete and shall be rejected by the agent within ten(10)days of submittal with a refund of the fee paid LESS$160.If the plan
is resubmitted,the new submittal is subject to all new applicable fees.
FOR FINAL PLANS ONLY: To the best of my knowledge,I have complied with§32.4.3.1 and obtained tentative approvals for
all applicable nditions from e 'ate agencies.
Signed �""'�' ��/ Data
(Owner,Contract Purchuer.Agent)
(2y6 !A 0a ` 2/Z&
University Commons Condominiums
Unit Owners Association, Inc.
1560 Robin Lane (804) 974-9874
Charlottesville, VA 22911 Fax (804) 973-4159
February 19, 1999
Amelia G. McCulley,Zoning Administrator
County of Albemarle
Dept. of Zoning
401 McIntire Road RECEIVED
Charlottesville,VA 22901
FEB ' 9 14
Ronald Keeler, Chief of Planning
County of Albemarle Planning e n t
Dept. of Planning and Community Development
401 McIntire Road
Charlottesville, VA 22901
Dear Ms. McCulley and Mr. Keeler;
I am writing on behalf of the University Commons Condominium Unit Owners
Association, Inc. Please consider this as formal request for a site plan waiver,based
upon the attached sketches,to fulfill the requirements for completion of the remaining
units at 117 Georgetown Road.
The original design for the 117 building included 4 2-bedroom units in the basement
level. Although the units were roughly framed out,they were never completed, due to the
fact that gravity grade sewer was not available. Completion of these units will require
using a grinder pump system connected to public sewer.
By memorandum dated February 11, 1993 (copy enclosed),Ms. McCulley set forth her
Official Determination that the four unfinished units may be converted into independent
residential units without either a zoning or a density variance,with a site plan which
showed a minimum of eight(8) additional parking spaces(2 per unit). She also indicated
that the site plan could be approved administratively,provided the site plan indicated 8
new parking spaces.
At this time,the owners of the 26 units in the condominium and the Unit Owners
Association wish to convert these units.
In this regard, I have met twice with your staff from the zoning,planning, and engineering
departments. Several problems emerged. The first problem was that they felt increasing
Page 1
the impermeable area would require a major site plan review with a public hearing, even
thought Ms. MsCulley had indicated it could be approved administratively. The second
was that adding four additional units would require the installation of a playground
system, since the total units would now be 30. Both of these requirements make the
project unfeasible,and neither was indicated as required by Ms. McCulley.
After further discussion, a solution emerged,which is the basis for this request.
Currently,there exists a large gravel area behind the central (101)building. This is not
currently in general use, although occasionally residents will park there.
We propose:
1) To reduce the request for additional units from four(4)2 bedroom dwelling units to
three(3) 3 bedroom dwelling units. This reduces the need for additional parking
spaces to 6. This also leaves the total number of units at twenty-nine (29) and
eliminates the requirement for a playground.
Please note, it is not our intention to avoid the playground completely. In fact, it is
both the desire of the association, and in it's best long term interest,to add
additional play facilities. However,this is a very expensive requirement which is
also very explicit. The concrete pad indicated on the top of the plat is currently
equipped with a heavy duty commercial playground quality basketball goal, and is
heavily used for this purpose by the residents. In addition,we plan to add current
style playground gyms in modular sections, as our finances permit. Unfortunately,
the current zoning requirements are very explicit and would give us credit for
neither of these types of playground equipment, although both are very appropriate.
2) To meet the requirement for six(6)additional spaces,but without increasing total
impermeable area, we propose to trade new paved area for existing gravel area,
thereby keeping the total impermeable area equal to or less than existing
impermeable area. The lack of increase in impermeable area should eliminate the
need for a major site plan review.
This is outlined as sketched on the attached drawings. The first drawing shows the
property essentially as it exists now. The second shows the addition of 7 parking
spaces. These are achieved by painting one additional space in the front parking lot
(adequate room exists). We would pave an existing gravel area at the right rear
corner of the middle (101)building for one more space. Finally,we would slightly
extend the existing drive between the 101 and 117 buildings and add a new paved
parking area with walkway just below the existing parking in front of the 117
building, for an additional five (5) spaces. In addition,we will add a small concrete
pad below the existing trash dumpster,which currently sits on dirt,to help maintain
a cleaner area.
Page 2
The net effect is nearly a complete wash of impermeable area. There is at least 900
square feet of existing gravel area,which would be scraped clean and used as part of the
subsurface preparation for the new parking are. Topsoil will be added as needed,then the
area will be re-grassed. The new paved area, combined with the dumpster pad,would
also be just under 900 square feet. Seven(7)total additional parking spaces would be
obtained.
It was suggested by your staffs that we approach this in two sections. The first is this
request for a site plan waiver based upon the attached sketch. Once approved, we will
apply for approval of the revised condominium plat with an updated plat based upon the
waiver. All of these site improvements will be completed by the time the new units are
completed.
As you may be aware,University Commons is one of the few complexes in Albemarle
County which readily accepts Section 8 low income housing,without being required to do
so. We have worked very hard during the past few years to eliminate the social and drug
related problems which had plagued this community,while keeping our commitment to
providing affordable housing. We have largely succeeded and are now preparing
beautification and improvement projects for the property. The additional income from
these new units will help to fund these improvements while allowing us to continue to
accept the Section 8 income limitations. The income,however, is not great enough to
allow us a large budget for an immediate playground facility or the costs of a major site
plan review.
I have completed an application for the site plan waiver,which is attached along with a
check for the fee of$215. I would be glad to meet with your departments as necessary to
clarify or modify this request in a mutually agreeable manner. I am not sure if this initial
request should go to both departments,but do want to ensure that both departments are in
general agreement that it is acceptable. To facilitate and expedite this request,please feel
free to call me at my day job. The number is 817-1000, extension 2404.
Sincerel ,
77':11Z4
Charles H. Smith,!
President
Page 3
•
COUNTY OF ALBEMARLE
Department of Zoning
401 McIntire Road
Charlottesville, Virginia 22901-4596
(804) 296-5875
MEMORANDUM
TO: File, University Commons
FROM: Amelia G. McCulley, Zoning Administrator
DATE: February 11, 1993
RE: Zoning Approvals Necessary for Conversion of 4 Spaces in
Basement into Apartment Units - OFFICIAL DETERMINATION
This is to provide a written determination for the record.
University Commons consists of three existing buildings with 26
existing apartments on a total of 3 . 3451 acres. Within the
basement of building #117, there are four unfinished units.
These findings result after consultation with the County Attorney
and the Chief of Planning, and after a review of the history files
for this property from the Zoning and Planning Departments. In
addition, I have reviewed relevant opinions from zoning treatises,
such as Anderson's and Yokely's volumes. It is my opinion, these
unfinished basement spaces may be converted into independent
residential units without either a rezoning or a density variance.
This decision relies in part, on the "Non-conformities" Section
6.4 . 3 , which states "a nonconforming activity may be extended
throughout any part of a structure which was arranged or designed
for such activity at the time of enactment of this ordinance. "
This opinion is not inconsistent with either Judge Peatross's
ruling in the tax sale, or the zoning in effect when this property
was developed. At the time the buildings were constructed, the
four (4) unfinished spaces were permitted by the zoning, and would
not have exceeded the maximum allowable residential density. For
some technical or other non-r'egulatory reason, they were not
completed. Their existence is therefore "grandfathered" or non-
conforming. .
February 11, 1993
Uuiversity Commons
Page 2
An explanation of the history of this property will clarify this
determination, and follows. The property was developed under the
site plan named "Georgetown Square Townhouse Apartments. " It was
built in 1972 when the property was zoned R-3 , Residential. This
zoning under a prior ordinance allowed up to 35 dwelling units per
acre. The initial site plan proposed 34 side-by-side townhouse
rental units on 2. 238 acres. At that time, site plan review was
cursory. The site was not built according to plan.
A variance (VA 83-41) was approved on July 12, 1983 to allow the
subdivision of the 26 living units, a variance of 1.7727 dwelling
units per acre for a total variance of 5. 93 dwelling units. On May
24 , 1983 , the Albemarle County Planning Commission approved the
University Commons Condominium Final Plat. That approval was
limited to the 26 finished units. This plat shows a new parking
area, which was to allow for compliance with the Ordinance standard
of 2 spaces per apartment. It was not completed, and was bonded.
The bond was released after it was determined that the plan expired
and was therefore, void.
These basement areas may not have been completed due to the
inability to provide gravity public sewer. The interior walls are
framed, and they are roughed-in. They have been used for a laundry
area. When I visited the site prior to the court tax case, they
were full of refuse, including old appliances. It appeared that
they had been occupied by transients.
Judge Peatross, Jr. determined that "since the Planning
Commission's approval of the condominium plat did not include the
conversion of these four condominium units, as a matter of law,
they became common elements and each of the 26 owners of the units
converted have an ownership interest in these four units. "
An individual has approached the County with the proposal to obtain
ownership of these four units of common elements, and to complete
them. For file information, but not relevant to this
determination, he intends to provide low and moderate cost housing,
and substantially refurbish / repair the buildings.
A technical feasibility issue is .the availability of public sewer,
which is a requirement. The site is nonconforming with respect to
parking. Approximately 21 unmarked spaces exist. The current
ordinance requires 30 units x 2 spaces/unit = 60 spaces. The
applicant proposes to provide 8 to 10 new spaces, such that the new '
units will be in compliance with the ordinance. A variance is not
necessary. An as-built site plan with the proposed parking
addition will be required, and may be approved administratively.
This has been discussed with Ron Keeler, Chief of Planning.
February 11, 1993
Uuiversity Commons
Page 3
A situation such as this is a relevant application of the
principles of Section 6.4. 3 because the structure was constructed
with the clear intention of utilizing the basement area as
apartments in the future. This area has little reasonable use
available as common area. These apartment buildings are
"grandfathered, " because they were built under a prior ordinance,
and are not conforming to the current zoning with respect to
residential density. It is irrational to isolate an individual
apartment, or in this case four apartments, and not consider the
whole complex as a nonconformity.
In conclusion, conversion of these basement spaces into no more
than four apartments may occur with a site plan which shows a
minimum of 8 additional parking spaces. The condominium
subdivision plat will follow. A reasonable completion schedule for
site improvements such as installation of the parking will be
required.
cc: George St. John
Ron Keeler
Jack Rudolph
Reading File
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