HomeMy WebLinkAboutSDP201200049 Review Comments Preliminary Site Plan 2012-09-25Christopher Perez
From:
Christopher Perez
Sent:
Tuesday, September 25, 2012 5:33 PM
To:
'Frank Pohl'
Cc:
David Benish; Ron Higgins; Max Greene
Subject:
Church of Our Saviour_SDP201200049 - preliminary
Frank,
This email is a follow -up of your questions with regards to the potential vacation of property lines between the
parcels owned by the Church (TMP 61 -144, 61 -146D, 61 -145). I have discussed this issue with Zoning and
Planning Staff and it appears to be fine, we could find anything in the ordinance which prohibits split zoning. A
vacation plat reviewed and approved by the County will be required to do this.
However, as discussed over the phone, it appears we have bigger fish to fry with this proposal. During the
review of the Boundary Line Vacation proposal mentioned above, continued discussions were had over the
location of the existing building, which is 15' from the residential zoning (R -2) of the Church.
Chapter 18 Section 21.7(b) Minimum Yard Setback Requirements requires 50' setback: "b. Adjacent to
residential and 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. " Thus the existing steel building which is on the C -1
zoned property is non - conforming to this 50' setback. Being the applicant seeks to remove the existing building
and replace it with a new building, the new building must be conforming (needs to be moved outside of the 50'
setback). It has been discussed with Zoning and this situation would not qualify under any exemption listed
under 6.2 NONCONFORMING USES as the existing building is being removed and a new building is being
built.
Per our discussions, the applicant can either locate the proposed building 50' from the Residential district or
come up with an alternative solution. It appears that another option may be to rezone either the property the
Church is located on (TMP 61 -144) from R -2 to C -1 zoning OR rezone TMP 61 -146D, which is zoned C -1 to
R -2 and amend the Church's existing SP to extend onto this lot as well. Each of these proposal has its own
issues associated with it: at 1St glance by rezoning the property with the existing Church from R -2 to C -1 we'd
be "up zoning" it, thus substantial proffers would need to be placed on this lot to assure that this lot could only
be used for a Church. By rezoning the parcel with the Steel Building from C -1 to R -2, we'd essentially be
moving the 50' setbacks from your lot to adjacent lots ... this may draw some pushback from adjacent owners
during the Public Hearings.
Please discuss the above information with your client, if you would like to setup a pre - application meeting or
some other type of meeting to discuss these new findings, let me know. Otherwise please call me if you have
any further questions. While I wish this issue was addressed during the initial comment letter, I am glad this
issue was caught at this early stage in the review rather than making it further through the process. Hope we can
work through these and the other issues mentioned in the initial comment letter.
Christopher P. Perez I Senior Planner
Department of Community Development I County of Albemarle, Virginia
401 McIntire Road I Charlottesville, VA 22902
434.296.5832 ext. 3443
From: Frank Pohl [mai Ito: frank(- OpohlconsultingI1c.com]
Sent: Monday, September 17, 2012 4:00 PM
To: Christopher Perez
Cc: 'Geoffrey Kilmer'
Subject: Church of Our Saviour
Chris,
Thanks for the clarification on how to proceed. Please accept this email as a request for us to defer the resubmittal of
the preliminary site plan for the referenced project. We understand that if the preliminary submittal is not resubmitted
within 6 months that the application will be deemed withdrawn after which a new application and fee will be required if
the applicant decides to still pursue the project. As discussed, the applicant is investigating the issues related to the
secondary entrance road and has not had enough time to decide on a course of action.
Thank you for your help.
Sincerely,
Frank
Frank V. Pohl, PE, LEED AP BD +C
Pohl Consulting, LLC
1603 Kenwood Lane
Charlottesville, VA 22901
434 - 466 -7458