HomeMy WebLinkAboutSDP200600125 Review Comments Appeal to BOS 2009-01-23ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP2006 -125 Vandine Plaza
Staff: Amy Pflaum, Engineer
Preliminary — Entrance Requirement Waiver
Planning Commission Public Hearing:
Board of Supervisors Hearing:
February 3, 2009
Not applicable
Owners: AUTO, LLC
Applicant: Justin Shimp, Dominion
Development Resources
Acreage: 2.52 acres
Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 45, Parcels 100, 101, and 101 B
By -right use: C -1 (Commercial)
Location: Located on W. Rio Road [Rte. # 631 ]
approximately 0.1 miles southeast of its intersection
with Berkmar Drive [Rte. #1403].
Magisterial District: Rio
Proffers /Conditions: No
Requested # of Dwelling Lots: N/A
DA — X RA—
Proposal: Request a waiver from the requirements
Comp. Plan Designation: Regional Service
of Section 4.12.17.b "Entrances to parking areas
in Urban Area 1
from public streets" of the Zoning Ordinance
Character of Property: Undeveloped area
Use of Surrounding Properties:
adjacent to commercial and single - family
Commercial and single - family residential (R6).
development.
Factors Unfavorable:
Factors Favorable:
0 Design measures do not satisfy the
technical requirements of the ordinance.
None.
• A possible alternative has not been
explored.
RECOMMENDATION: Denial
STAFF PERSON: Amy Pflaum, Engineer
PLANNING COMMISSION: February 3, 2009
AGENDA TITLE: SDP2006 -125 Vandine Plaza Preliminary - Entrance Requirement
Waiver
APPLICANT: Justin Shimp, Dominion Development Resources
PROPERTY OWNER(S): Auto, LLC
APPLICANT'S PROPOSAL:
Per County Code Section 18- 4.12.2.d, the applicant is requesting a Planning Commission review of the
denial of the administrative waiver request. The applicant has requested a waiver for relief from
providing an adequate entrance landing as required per County Code Section 18.4.12.17.b. This section
requires that an adequate landing and/or grade transition shall be provided for vehicle access aisles at the
intersection with public streets to allow for stopping of vehicles and sight distance. The approach grade
should not exceed 4% for a distance of not less than 40 feet from the edge of the street being intersected.
The existing access does not meet the requirements of the Code. The first 40 feet from the edge of Rio
Road West slopes downward at up to 15%.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Regional Service in Urban Area 1.
REASON FOR PLANNING COMMISSION REVIEW:
Per County Code Section 18- 4.12.2.d, the applicant is requesting a Planning Commission review of the
denial of the administrative waiver request which was made to waive the requirements of Section 18-
4.12.17.b Entrances to parking areas from public streets.
PLANNING AND ZONING HISTORY:
On December 11, 2006, an application was filed for preliminary site plan approval for construction of
two retail buildings totaling 26,866 square feet on 2.52 acres zoned C -1 (Commercial) and EC (Entrance
Corridor).
Staff comments required the applicant to explore the ability to upgrade the existing shared entrance that
served this property and the neighboring commercial property (TMP 45 -102). The existing entrance
does not meet the technical criteria of Section 18- 4.12.17.b for entrances to parking areas from public
streets, particularly the requirement of an adequate landing — a grade no more than four (4) percent for a
distance of not less than forty (40) feet measured from the edge of the street or road being intersected.
On April 29, 2008 the applicant asked for a waiver of the requirements of Section 18- 4.12.17.b. Staff
administratively reviewed the waiver (please see attached memo from Amy Pflaum to Bill Fritz, dated
May 30, 2008) and it was denied.
On December 3, 2008 the applicant submitted a letter from the owner of Photoworks (existing retail
shop on TMP 45 -102) stating his preference that no reconstruction of the existing entrance takes place.
The applicant also submitted a letter from VDOT stating that only one shared entrance will be allowed
2
to serve Photoworks and the proposed Vandine Plaza property. Based on these two limitations, the
applicant is stating that no alternatives exist other than allowing Vandine Plaza to be served by the
existing sub - standard entrance.
DISCUSSION:
The County has previously suggested to the applicant that a new shared entrance could be constructed
within the Vandine Plaza site to serve the new development and Photoworks. This entrance could be
constructed to meet the standards of the Ordinance. During construction, the sub - standard entrance to
Photoworks could remain opened and undisturbed. Once construction of the new entrance is complete,
the sub - standard entrance could be closed. This presents a safer alternative, not only for the future
traffic anticipated at the Vandine Plaza site, but also the construction traffic that will be entering and
exiting the site while it is being built.
The Photoworks owner is not amenable to reconstruction of the existing entrance, but has not presented
an opinion regarding a new shared entrance. VDOT has stated that the entrance may be relocated, as
long as only one entrance remains to serve both properties. The applicant has not demonstrated that the
option to provide a new shared entrance for both sites is unattainable.
SUMMARY AND RECOMMENDATION:
Staff review has resulted in unfavorable findings:
Unfavorable factors:
1. The existing condition does not satisfy the technical requirements of the ordinance and it
therefore presents a safety concern.
2. The alternative of designing and constructing a new shared entrance that meets the requirements
of the ordinance has not been explored by the applicant.
Staff recommends denial of this waiver.
ATTACHMENTS:
A. Site Plan
B. Location/Detail Maps
C. Applicant Justification
D. Staff comments on waiver request: E1_wvr_ADP_Vandine Plaza.doc