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HomeMy WebLinkAboutZMA200100020 Request of Variation 2009-03-09COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 9, 2009 Mr. Bill Morrow Hollymead Corner, LLC 1117 E. Market Street B Charlottesville, VA 22902 RE: Variation Request dated March 2, 2009 for Hollymead Town Center Area C Block One — Move 12,000 square feet of development from Block II to Block I Dear Mr. Morrow: The County has received the variation request referenced above to allow for an additional 12,000 square feet of non-residential area in Block 1 and to deduct 12,000 square feet of non-residential area available for Block 11. The purpose of this request is to allow for a 50,000 square foot hotel to be built in Block I and still have are available for additional buildings shown on the application plan in Block I. I have reviewed this request in conjunction with the approved application plan and the Code of Development for Hollymead Town Center Area C (HTC -C). I have also reviewed the Development Rights Transfer Agreement between Post Office Land Trust, owner of Block 11 (TMP 32-41J) and HTC Hotel LLC & BEF REIT, Inc. (TMP 32-41D5). This letter serves to provide County approval of your requested variation to the Code of Development in keeping with the attached application, development rights transfer document, and site development plan for Comfort Suites Inn prepared by Ruhmel, Klepper, and Kahl, LLP last revised March 2, 2009. Approval of the variation is conditioned on these attachments and the future massing of buildings in Block II being built as shown on the HTC -C approved application plan. The analysis of the variation request is provided below: Section 8.5.5.3 allows the director of planning to grant minor variations to as long as: 1) The variation is consistent with the goals and objectives of the comprehensive plan. The request is consistent with the Neighborhood Model goals. 2) The variation does not increase the approved development density or intensity of development. The variation will not affect the density, or allowable intensity of development. 3) The variation does not adversely affect the timing and phasing of development of any other development in the zoning district. The variation will not affect timing and phasing of development of HTC - C. 3) The variation does not require a special use permit. The variation does not require a special use permit. 4) The variation is in general accord with the purpose and intent of the approved rezoning application. The variation is in general accord with the purpose and intent of the HTC -C Application Plan and Code of Development which anticipated potential shifting of square footage among blocks. If you have any questions or need additional information, please contact me at 296-5823. Sincerely, V. ayne ' imberg Director of lanning c: Gerald Gatol r for Current Development Application for ti Variations from Approved Plans, Codes and Standards of Development DATE: 3 z 9 NAME OF PLANNED DISTRICT: ZMA NUMBER(s): Z M 14, O 1 - Z'D { L.LC Contact Person: , Address / // %' F /�ri2�>: S?• B City iaiM�offf �E—IState VA, ZiP 2290-7— Daytime 2 ADaytime Phone (_) 7Z co op ZBFax # ( )7eft' 9 qG 7 E-mail 51/1 9D VA wE 4-cor-, £ . CO W What type of change is requested?: ❑ Variation to the Plan gVariation to the Code or Standard Provide a copy of the existing plan (may be a reduced copy) illustrating the area for which the change is requested. Provide a graphic representation of the requested change. Describe the variation being sought (may attach separate sheets): / 14 ©UO 7(" 3119 C. Z moo S.-. l c /tnuir...r 1'K_D✓VI ��OG/rl 7y©£'s ~!.P- /^/C /Z.0 H-rL •� ,t E S u.f+� o /7+,-G F41 What is the reason for each of the requested variations?: .... s Tx,4,.G7- A ZT C.. /D v County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 7/24/06 Pale 1 of 2 In accordance with § 8.5.5.3 c) of the Zoning Ordinance, in order to grant the variation' the Planning Director must make positive findings under 5 criteria. Please provide information about these criteria', for the Director's consideration (may attach separate sheets). 1. Is the variation consistent with the goals and objectives of the comprehensive plan? 2. Does the variation increase the approved development density or intensity of development? Nei i 3. Does the variation adversely affect the timing and phasing of development of a y other development in the zoning district? IN fl 4. Does the variation require a special use permit? �o 5. Is it in general accord with the purpose and intent of the approved rezoning application? V4..5 § 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF DEVELOPMENT The director of planning and community development may allow a site plan or subdivision plat for a planned development to vary from an approved application plan, standard of development and, also, in the case of a neighborhood model district, a general development plan or code of development, as p� ovided herein: a. The director is authorized to grant a variation from the following provisions of an approved plan, code or standard: 1. Minor variations to yard requirements, maximum structure heights and minium lot sizes; 2. Changes to the arrangement of buildings and uses shown on the plan, prov shown on the plan and their relationships remain the same; 3. Changes to phasing plans; 4. Minor changes to landscape or architectural standards; and 5. Minor variations to street design. d. Any variation not expressly provided for herein may. be accomplished by rezoning. that the major elements 7/24/06 Page 2 of 2 TMP r 32-41D Post Office. Land Trust D.8 2672-727. DB 2125-333 DB 1661-116 DB 1659-183 Plat Zoned: PD -MC L= 43 TMP 32-41D6 Lot C Block C1 (Hollymead Corner, DB 3098-164 TMP 32-41D1 TIKI, LLC DB 2483-139 Zoned. C1 IUse: Vacant C3 DB 2483-739 { Zoned: C1 ; Use: Retail ; L=, 0.11_.__..._----_.__,� i61� �9 i, 18.89 TMP 32-403 6, Open Space We LLC I Existing 30'___ Access Easement i DB 2916-22 existing Drive Lane, Construction and Cross -Access Easement, DB 2678-425 N39'46' 539'46' 44"E C25 103.52' =16.65' TMP 32-41D5 C, Lot'B L=3! Block C1 Hollymead Corner LLC. .DB 3098-164 AREA SUMMARY Parcel 41D5 ....... 1.79 Acres Plus Area X .... 0.18 Acres Total ............... 1.97 Acres Area X L6 A Portion of Parcel 41D4 0.18 Acres ------------- IF T_ Existing Building I Restriction Area DB 2678-425 Exist. 30' Access Easement DB .2678-425 AREA SUMMARY Parcel 41D4 ..... 1.31 Acres Less Area X .. 0.18 Acres Sesidue .......... 1.13 Acres 47' N LO N .�. w pi co N Ii_3 >>6S S39'46'44"E 129.63 MIM Ono TMP 32-41D4 Lot A Block C1 BEF Reit Inc. DB 3165-197 DB 3098-164 N 39'46'44"W 345.18' TMP 32-439 Target Corporation DB 2896-171 Zoned: PD -MC Use: Retail Entrance Area, -J Construction and - Cross -Access Easement DB 2678-425 F TIMGfHY RAY MILLER -1 Lic. No. 2065 a 24.1 33.50' Existing o Landscapin P Easemen? v� DB 2678-425L7 I .._.._.._.._.._........ ------i-- N 39'46'44"W 345.18' TMP 32-439 Target Corporation DB 2896-171 Zoned: PD -MC Use: Retail Entrance Area, -J Construction and - Cross -Access Easement DB 2678-425 F TIMGfHY RAY MILLER -1 Lic. No. 2065 a 24.1 DEVELOPMENT RIGHTS TRANSFER AGREEME This document constitutes a Development Rights Transfer Agreement ("Agreement") by and between Hollymead Corner LLC-, with a place of business at 1117 East Market Street, Suite B, Charlottesville, VA 22902, hereinafter referred to as "Grantee," and Post Office Land Trust with a place of business at 195 Riverbend Drive Charlottesville, VA 22911 hereinafter referred to as "Grantor," (collectively the "Parties"). WHEREAS, Grantor elects to transfer development rights from Grantor's allocation of developable square footage permitted under a certain Code of Development in Hollymead Town Center, Area C located in Albemarle County, Virginia. WHEREAS, Grantor's transfer of development rights from one of Grantor's land blocks originates from the aggregate sum of 275,000 square feet allocated for all of Area C by the Code of Development and such transfer does no� increase or decrease the 275,000 square foot allotment for Area C. NOW THEREFORE, Grantor transfers development. rights from Bliock `Z for 12,000 square feet of building space to Grantee to be utilized on Block One of Area C in Hollymead Town Center. Grantee shall pay to Grantor the sum of ten dollars ($10) as compensation for said transfer. l Grantee shall have complete authority as to how the square footae is used on Block One. Grantee agrees to indemnify Grantor from all claims, losses, fees,l expenses, costs or judgments that may be asserted against Grantor as a res!Iult of this rights transfer. I IN WITNESS WHE OLthLP i av ecuted this Agree lent to be effective as of C Grantor: Post Office Land Trust Title: 2 Grantee: Hollymead Corner, LLC: Title: 1�I��ri3