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HomeMy WebLinkAboutSDP200600125 Legacy Document 2009-01-26�RGII�IIP ALBEMARLE 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: PLANNING COMMISSION: AGENDA TITLE• APPLICANT: Amy Pflaum, Engineer February 3, 2009 SDP2006 -125 Vandine Plaza Preliminary - Entrance Requirement Waiver 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 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 PRELIMINARY SITE DEVELOPMENT PLAN VAN DINE PLAZA TM 45 PARCELS 100, 101, 10113 DB 2130 PAGE 25 RIO DISTRICT, ALBEMARLE COUNTY, VIRGINIA SITE DATA LEGAL REFERENCE: TM 45 PARCELS 1D0, 101, & 1018 SOURCE OF TITLE TM 45 PARCELS 100, 101, 101B: DB 2130 PAGE 25 OWNER /DEVELOPER: AUTO, LLC. 1369 RICHMOND RD, CHARLOTTESVILLE, VA 22901 ZONING: C1 - COMMERCIAL MAGISTERIAL DISTRICT: RIO SOURCE OF BOUNDARY SURVEY: BOUNDARY SURVEY COMPILED FROM PLAT OF RECORD SOURCE OF TOPOGRAPHY: TOPOGRAPHY PROVIDED BY OWNER. BENCHMARK: TOP OF DROP INLET ON RIO ROAD. ELEV = 528.42 BUILDING SETBACKS: FRONT YARD: 30' ON WEST RIO ROAD 50' ALONG R -6 ZONING SIDE YARD: NONE REAR YARD: NONE PARKING SETBACKS: FRONT YARD: 10' ON WEST RIO ROAD 20' ALONG R -6 ZONING SIDE YARD: NONE REAR YARD: NONE UNDISTURBED BUFFERS: 20' ALONG R -6 ZONING MAXIMUM BUILDING HEIGHT: 35' FLOOR AREA RATIO: 0.24 % AREA OF IMPERVIOUS COVER: 59,325 SF EXISTING TREE COYER: 32,150 SF PROPOSED TREE COVER: 12.170 SF PAVING SPECIFICATIONS: PARKING AREA: 6• - /21A AGGREGATE BASE MATERIAL 2' - SM 9.5 SURFACE MATERIAL SIDEWALKS 4' - 3000 PSI CONCRETE CURRENT USE VACANT PROPOSED USE: RETAIL, 26,495 SF GROSS. MAXIMUM NUMBER OF EMPLOYEES: 133 NUMBER OF STORIES: 2 PARKING SCHEDULE: REWIRED: RETAIL 60% OF GROSS BUILDING SF = (26,495 • 0.80) = 21,196 SF 1 SPACE PER 100 NET SF FOR THE FIRST 5000 NET SF 1 SPACE PER 20D NET SF FOR THE REMAINING NET AREA (Net SF- 5000)/200) + (5000 /100) - Required (21,196 - 5000)/200) + (5DOD/100) =131 Sow REWIRED PARKING: 131 SPACES PROVIDED PARKING: 131 SPACES INCLUDING FIVE (5) HANDICAP SPACES LOADING SPACES: RETAIL 1 PER FIRST 8,000 SF OF RETAIL SPACE + 1 PER EACH ADDITIONAL 20.000 SF REWIRED: (26.495 -8000) /20.000 + 1 = 1.92 PROVIDED: 2 APPROVALS CURRENT DEVELOPMENT PLANNER CURRENT DEVELOPMENT ENGINEER ALBEMARLE COUNTY SERVICE AUTHORITY FIRE OFFICIAL ARCHITECTURAL REVIEW BOARD BUILDING OFFICIAL c eB,Fdo Bay M rs Dr. eenheld CL a h Biy 9� Site � 6 E 4`ay5 e� _ 1 F �a I ti°j Charlottesville F Fashion Square Mall VICINITY MAP SCALE- V = LOW DRAWING INDEX C1 of 6 COVER SHEET C2 of 6 DFMO/EXISTING CONDITIONS PLAN C3 of 6 SITE PLAN C4 of 6 GRADING AND UTILITY PLAN C5 0l 6 LANDSCAPE PLAN C6 of 6 UGHONG PLAN LEGEND -� Fire Hydrant Benchmark - -W/E -- Existing Waterline - -0 /E -- Overhead Electric 01 Power Pale A Exist Light Pole -+ Prop. Light Pole 0 Manhole Limits of Demolition BPD BackOow Prevention Device Existing EImtw /Contour -500- Proposed Eimtoon /Contour Existing Sanitary New Concrete Sidewalk Existing Concrete Sidnolk Slopes 25% or Greater 0 o- Tree Protection Fencing GENERAL NOTES 1. AREAS OF CIe1X;AL SLOPES ARE SIIO'M! ON THE SITE 2. THERE 5 NO IM YEAR FLOW PLAN ON THIS SITE 3. THIS SITE IS NOT LOCATED N A RESERVOIR WATETLSIIED. 4. TRIPS 4E11ERATED USK ITCS TRIP GDERARON wANLAL 7TH ORTDN. FOR LAND USE CODE e20 IS 1,332 WS/DAY. LAND USE SHEDULE PRE- DEVELDPMENT S POST- DEVELOPMENT S BUILDING: 530 SF 0.5 14,076 SF 12.6 PAVED: 1,591 SF 1.4 45,249 SF 41.2 PERVIOUS: 107,650 SF 981 50,446 SF 46.0 TOTAL 109,771 SF 100.0 1D9,771 SF 100.0 1 I N441DO'47" IIi N -- __J - - -- - 27.76' - - - -- TM.. 45 -IOOC W.B. 81 -232 J y __� r HELEN 0. LANGFORD C vi o'3mm c D.B. 1292 -123 PLAT 0 a, ul 0 v E 2 �r D.B. 297 - 542,544 PLAT CL z -u 00 ZONED C -1 J — - TM. 45 -100B w ALLEN E. GREEN f D.B. 297 -546 D.B. 1292 -135 PLAT D.B. 297 -544 PLAT ZONED C -1 TM 45 -IOIB — - _ AUTO, LLC DB. 2130 -25 -- ZONED C -1 �___� --� - c3 0.43 Acres _�-- TYP 45 -IOOA to JOHN T. GREEN >c D.B. 1292 -131 m PLAT D.B. 297 -544 ZONED C -1 USE: VACANT TYP 45 -173 PRESTON 0. STALLINGS D.B. 710 -182 D.B. 507 -571 PLAT D.B. 1329 - 99,105 PLAT ZONED R -6 USE: MOBILE HOME PARK N4417'1B "E 392.03' I 4r TM. 45 -100 I AUTO, LLC DB. 2130 -25 ZONED C -1 I ° 0.77 Acres -- m rn --- J - - - -- �� y —�- A Z y Z — — — �xaen w m TM. 45 -101 4n to a AUTO, LLC rn DB. 2130 -25 ZONED C -1 + 1.32 Acres �30' JOINT ACCESS ESMT. D.B. 1037 -528 YY _____ ______ _____________ \ Y Y i PARCEL PLAN i /T i O TYP 45 -94B CYA PROPERTIES, INC. D.B. 904 -627, 631 PLAT ZONED HC USE: AUTO DEALERSHIP - ---- - -------- , 1 L 16.41' Y TYP 45 -102 I GEOFFREY D. k DENISE B. T.Y. 45 -105 \ IULYER BEARWOOD PROPERTIES, L.L.C. D.B. 1012 -455 D.B. 1870 -119 D.B. 1886 -91 PLAT I D.B. 1005 -225 PLAT \ D.B. 1005 -225 PLAT I ZONED HC ZONED C -1 i USE: WAREHOUSE /STORAGE USE: RETAIL \ I , 1 , II \Y I Y 0 S w w 11 ul U N ar a E— c° o W � � 7 U Q P-. ap z � a, a Qi Q z - W Ix R. et No: 40 0 40 90 120 SCALE. 3" = 40' Attachment A '11 6 <cha� U �a o IS ^arr J y C vi o'3mm c 0 a, ul 0 v E 2 �r CL z -u 00 00 o a V,r j64a 0 S w w 11 ul U N ar a E— c° o W � � 7 U Q P-. ap z � a, a Qi Q z - W Ix R. et No: 40 0 40 90 120 SCALE. 3" = 40' Attachment A '11 _11 I I I I I I I I I I I I I I I I I I !, I I I i � I •I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I l I I� \ I � 1 v ae "I I �oi ml I C yl I � I t3 i •� 1 I I 1 I I I I I 1 I I I I 1 I I I I I 1 I I I I I I I I I I I ! \ A I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I 1 I I I / I I 1 1 Iwo. 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II I I I I I - I I I I g - I - I I I I I - I obi uRE ANCE 'T\ I--�I W r� V 1 Attachment A a. z W �m o W N q H z as Q CU z d � C � Fa z .W a Sheet No: \ ZO o Zo 40 60 SCALE: 1" = 20' Attachment A Attachment 10 I Map rs for display purposes only • Aenal Imagery ® 2002 Commonwealth of V rgima January 4 , 2007 �o�s s Dominion � c Development Vol Resources. LLC n a� �rfee s ets April 29, 2008 Bill Fritz Division of Zoning and Current Development County of Albemarle 401 McIntire Road Charlottesville, VA 22902 RE: SDP- 2006 -125 Request for a waiver of section 18- 4.12.17.b Dear Bill: This letter is to request a waiver from the requirements of Section 4.12.17.b of the Zoning Ordinance. The site, tax map 45 parcels 100, 101, and 101 B, has an existing shared access to Rio Road West that it shares with tax map 45 parcel 102. The shared access was constructed with the intent to provide access to both parcels. We have made several attempts to redesign the existing entrance to compliance with the 4% landing, however due to the adjacent parcel sharing the entrance improvements to the landing are not possible without substantial impact outside of the access easement on the adjacent parcel. It is not possible to bring the entrance to current county standards without raising the entrance elevation of the adjacent building, this would obviously require offsite improvement on a by -right site plan. Since the entrance is shared moving it to another location on site is not possible, nor is installing a second entrance on Rio Road to the site as it would be a maximum distance of 180' from the existing entrance and would not meet VDOT guidelines for entrance separation. The unusual existing conditions as outlined above are justification for the waiver request of section 4.12.17.b. By granting the waiver the site can be developed without degradation of adjacent properties and use the existing entrance which minimizes access points on Rio Road. Please contact me with any questions about the waiver request. Sincerely, Justin Shimp Page 1 of 1 Attachment C 9 %s ,ce�o,s Domin ion Development Resources. LLC N d 4 fee" S S December 3, 2008 Mr. Bill Fritz Chief of Current Development County of Albemarle 401 McIntire Road Charlottesville, VA 22902 RE: SDP - 2006 - 00125, Van Dine Plaza, Request for Entrance Waiver Dear Mr. Fritz, Per Albemarle County Code Section 18- 4.12.2.d, we are requesting a Planning Commission review of the denial of the administrative waiver request. The reason provided for denial of the entrance waiver is that there are existing alternatives available. In order to upgrade the existing entrance the County has acknowledged that easements from the retail property site owner of TMP 45 -102 would be required. The owner of TMP 45 -102 has indicated, in no uncertain terms, that the necessary easements to alter the existing entrance will not be granted (see attached email from Geoffrey Kilmer). Both alternatives provided by the County require the consent of the owner of TMP 45 -102 (see attached AutoCAD entrance layout). As a result, there are no alternatives available to modify the existing entrance. Van Dine Plaza is required, by VDOT, to maintain their shared access to Rio Road with the TMP 45 -102 (see attached email from Joel Denunzio). Please reconsider the entrance waiver request for Van Dine Plaza in light of the refusal of the owner of TMP 45 -102 to grant the necessary easements. Please contact me with any question or concerns. Sincerely, Justih Shimp Attachments: email from Geoffrey Kilmer (owner of TMP 45 -102) AutoCAD entrance layout email from Joel Denunzio (VDOT) Ate ;�r COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 To: Bill Fritz, Chief of Current Development From: Amy Pflaum, Engineering Review Subject: SDP - 2006 - 00125, Van Dine Plaza, Waiver Request Date received: 29 April 2008 Date of Comment: 30 May 2008 The applicant has requested a waiver for the new construction proposed on TMP 45 -100, 101, and 101B. The waiver request was received on 29 April 2008. The engineering analysis of the requests is as follows: Waiver of the requirement for street entrance adequate landing: 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. I � i Rio Road West I � 3 I I I I Start of Etitroncin 606'e ?romi 0+00 `: I t . I � � •` ! , Entrance Existing Sub - Entrance Proposed Sub- Entrance i � M � aJ Existing 15 °/a slope TMP45 -101 Proposed Retail Building I TMP45 -102 Existing Retail Building Attachment D 4 Albemarle County Community Development SDP - 2006 -00125 Waiver Request Sheet 2 of 2 The development site has an existing access to Rio Road West which is shared with TMP 45 -102, an existing retail site. 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 %. The total slope differential between the existing edge of Rio Road West and the sub - entrance into the existing retail site is approximately 13 %. Van Dine proposes to match the centerline of its sub - entrance with the existing one. An entrance which sharply drops away from the street such as this generates safety concerns. A vehicle exiting such a site may not have an adequate place to stop while assessing traffic on the street. Once stopped, it will be difficult for the vehicle to regain momentum to enter the street in a timely manner between traffic. The vehicle may also have a problem with sight distance. This is an existing paved entrance that is already in use by the retail site on TMP 45 -102. Curb returns on both sides of the entrance are already in place. Upgrading this entrance to meet the County Code would most likely require the rebuilding of both curb returns and repaving the entire cross section. If an adequate 4% landing of 40 feet was constructed, tying the grades back into the existing sub - entrance of TMP 45 -102 at the maximum allowable 10% grade for travelways would probably trigger the regrading and replacement of asphalt on the retail site. This work would be significant and would require easements from the retail site property owner. The proposed development plans to add over 25,000 square feet of retail space, generating over 800 vehicle trips per day entering and exiting. This is a substantial amount of traffic to add to this sub - standard entrance. Engineering feels it is imperative that the entrance be improved and has had meetings with the applicant to discuss design alternatives. Engineering has offered the applicant the option of rebuilding the entrance with a 4% landing of 20 feet, and then the possibility of waiving the 10% maximum travelway slope in order to tie back to existing. The applicant then proposed building the 20 -foot landing on one lane of the existing entrance and tying to the existing curb on the other side, this would cause a steep cross - slope on the entrance that engineering does not feel is safe or adequate. Aside from upgrading the existing entrance and regrading the sub - entrances, another alternative is to close this existing entrance and rebuild a new complying entrance completely within the property boundaries of the applicant's site, consequently, granting an access easement to TMP 45 -102. As a result of the existing alternatives available to provide this new development with a safe and adequate entrance. engineering does not recommend annroval of this waiver. Fig. 2: Existing entrance and retail site off of Rio Fig. 3: In -car view of exiting existing Road West. File: E1 wvr .4DP_06 -125 V"andine Plx:a IZ From: Geoffrey Kilmer [ mailto :geoff @photoworksgroup.com] Sent: Thursday, October 30, 2008 4:50 PM To: Fran Lawrence Subject: Re: Entrance to West Rio Road Dear Fran- Thank you for your email. As I mentioned during our last meeting, I have been through the significant upheaval and loss of business involved in road construction which altered my entrance. I've had time to consider your proposed alterations to my entrance. I'm not interested in going through the inconvenience and loss of business that comes with the construction of an altered entrance again. So I see no reason to meet. Sincerely, Geoffrey Kilmer President Photoworks Creative Group 700 Rio Road W Charlottesville, VA 22901 434 - 973 -4562 800 - 829 -4562 http: / /photoworksgroup.com On Oct 30, 2008, at 1:24 PM, Fran Lawrence wrote: Dear Geoff: Justin has calculated and drawn a proposed revised entrance to the property. This plan creates a more level landing at Rio Road and a slightly steeper driveway. Can we meet with you this Friday or next Thursday between 3 and 5 to show you the drawing and how they lay on the ground? Thanks. Best: Fran Francis McQ. Lawrence 416 Park Street Charlottesville, Virginia 22902 (434) 296 -7138 (434) 296 -1301 (fax) fmICa)-stlawva.com )3 From: Denunzio, Joel D., P.E. [mailto: Joel .Denunzio @VDOT.virginia.gov] Sent: Tuesday, March 11, 2008 3:15 PM To: Justin Shimp Subject: Vandine Plaza Vandine Plaza Justin, In response to your question on the shared access easement for the above property I would like to offer the following information. Since the two properties currently have a shared access, VDOT will require that this shared access be maintained at one location as opposed to each property having an access point on Rio Road. It is acceptable for the location of the access to be changed as long as they still share one access location. If you have any questions, please contact me. Thanks, Joel Joel DeNunzio, P.E. Staff Engineer 434 - 293 -0011 Ext. 120 0oel.denunzio @vdot.virginia.gov Id