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Home My WebLink AboutLZC200600001 Legacy Document 2014-04-01DRAFT ��oF aL$� ti � tIRGINZ�FJ COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 January 25, 2006 Genworth Life Insurance Company of New York c/o Mark A. Gaspar, Esquire Gebhard & Smith, LLP 401 East Pratt Street, 9th Floor Baltimore, MD 21202 RE: Shoppers World Shopping Center T.M. 61 M-12-1 C & 1 C2 Dear Mr. Gaspar: This letter is to advise you that based on an inspection of the Shoppers World Shopping Center (the "Property") conducted on January 23, 2006, and a review of the County's zoning and building code files regarding the property, we have determined the following: The Shoppers World project was developed in accord with a site plan approved on July 30, 1973. A revised plan was approved on March 18, 1974. That plan showed buildings totaling 143,716 square served by 802 parking spaces. When the project was developed the property was zoned Business- B-1. The property was rezoned to PD -SC in the course of the comprehensive rezoning of the entire county on December 10, 1980. Site Development Plan 95-99 was approved on November 22, 1995. The amended plan primarily redesigned the circulation pattern and provided 725 parking spaces, in conformance with VA -1995-11 which required 712 parking spaces. Site Development Plan 1996-25 was approved on April 23, 1996. The amended plan primarily redesigned the parking layout and provided 719 parking spaces. Site Development Plan 1999-73 was approved on July 14, 2000. The amended plan provided for the relocation of the McDonald's restaurant and provided 723 parking spaces. The Planning Commission approved the new drive through window and waivers for critical slopes and internal circulation. This plan also showed the Men's Warehouse C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\661.doc DRAFT Genworth Life Insurance Company of New York January 25, 2006 Page 2 project on out -parcel 1-D. The plan showed 60 parking spaces on that site. Parcel 1-D is not part of this compliance analysis. Site Development Plan 2004-92 was approved on January 20, 2005. The plan provided access from the shopping center to Dominion drive. The plan showed 831 parking spaces for the subject parcels. Parcel 61 M-12-1 D and Parcel 61 U-1-15, located to the north of the site. The amended plan for Parcel 15 approved on January 7, 2002 showed 71 spaces. Parcels 1 D and 15 are not part of this determination. Site Development Plan 2004-87 was approved on August 3, 2005. The plan showed minor revisions to the one signed on January 20, 2004. This plan showed a total of 845 parking spaces. The number of spaces provided on the Shopper's World property is 714 spaces after the subtraction of 60 spaces for the Men's Warehouse and 71 spaces for the Charlottesville Retail Center. This plan included the approval of the Architectural Review Board dated March 22, 2005. Special Permit 88-92 was indefinitely deferred. It was a request for a drive through window for the McDonald's restaurant on Parcel 1 C. Special Permit 1995-8 was approved on March 22, 1995. This action allowed a commercial recreation center on parcel 1 C2. That business is no longer operating on this site. Special Permit 1999-35 was approved on September 8, 1999. This action allowed the drive through window for the reconstructed McDonalds. Variance 1973-22 was approved on August 23, 1973. The variance established the required parking for the shopping center to be based on 5.5 parking spaces per 1,000 square feet of gross leasable area. Variance 1983-28 was deferred. This was a request to reduce the number of required parking spaces by 14. Variance 1983-37 was approved on July 12, 1982. This action allowed the parking required for this site to be reduced to 767 spaces to allow for the construction of a drive- through window and playland at the McDonald's restaurant. Variances 1992-31 & 32 were approved on October 13, 1992. This actions allowed the wall signs for T.J.'s and Katies to be erected at a height of 35 feet. Variance 1993-17 was approved on June 8, 1993. This action allowed the wall sign for Advance Auto to be erected at a height of 30 feet. C:\inetpub\wwwroot\cityviewlazerfiche_integration\tempdocholder\661.doc DRAFT Genworth Life Insurance Company of New York January 25, 2006 Page 3 Variance 1994-03 was approved on May 10, 1994. This action allowed the wall sign for Staples to be erected at a height of 30 feet. Variance 1994-13 was approved on October 11, 1994. This action allowed the wall signs for Fresh Fields to be erected at a height of 30 feet. Variance 1995-11 was approved on September 12, 1995. This action allowed a reduction in the number of required parking spaces to 712 and reduced the required parking setback to 0 feet. The shopping center on the property is a use that is permitted by right in the PD -SC zoning district. The required number of spaces for a 148,400 square foot shopping center is 704 based on 4.75 spaces per 1,000 square feet of gross leasable area. The site contains 714 parking spaces. This parking standard was reduced from 5.5 spaces per 1,000 square feet of leasable space on February 5, 2003. Therefore, the parking on this site is conforming and no longer relies on VA -95-11. The development complies with the zoning ordinance and the building code, subject to the above referenced approvals. These parcels are shown on a plat approved by the County on July 22, 1996. Each of these parcels may be conveyed separately without further plat approval. The site was inspected for compliance with the site plan on January 23, 2006. Four deficiencies were found that are identified on the plan approved by the ARB on March 22, 2005. • The painted directional arrows on the pavement at the entrance to McDonalds must be applied. • The painted directional arrows on the pavement near Staples must be applied. • The spirea plants in the island that separates the travelway are required to be a minimum of 24 inches high. They have been pruned back to approximately 6 inches. Five spirea meeting the standard must be installed at this location. • The spirea plants in the island just to the north of the island described above are also required to be a minimum of 24 inches high. They too have been C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\661.doc DRAFT Genworth Life Insurance Company of New York January 25, 2006 Page 4 pruned back to approximately 6 inches. Five spirea meeting the standard must be installed at this location. The owner has posted a bond to assure the correction of these items. This department will require that this work be completed by April 30, 2006. No other deficiencies were identified on the site. With the bond the Property is in full compliance with the Albemarle County Zoning Ordinance and Building Code. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Copy: Michael B. McGowan P.O. Box 22 Ivy, VA 22945 J. Page Williams Feil Pettit & Williams, PLC P. O. Box 2057 Charlottesville, VA 22902 Enclosed: Sketch showing site plan deficiencies C:\inetpub\wwwroot\cityviewlazerfiche_i ntegration\tem pdocholder\661.doc