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
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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
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USE: MOBILE HOME PARK
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Map rs for display purposes only • Aenal Imagery ® 2002 Commonwealth of V rgima
January 4 , 2007
�o�s s Dominion
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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
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,ce�o,s Domin ion
Development
Resources. LLC
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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
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TMP45 -101
Proposed
Retail Building
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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
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