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Home My WebLink AboutSDP200900029 Review Comments 2009-05-11of A/42 IRGINI COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 Date:May 11, 2009 To:Mr. Justin Shimp c/o Dominion Development Resources 172 South Pantops drive Charlottesville, VA 22911 E -mail: ishimp(d), ddrva.com Re:Luxor Commercial Center (Lot A) — SP2004 -0038 Approved October 12, 2005 Dear Mr. Shimp, I have been advised by the Zoning Administrator, Amelia McCulley, that the above referenced Special Use Permit has expired in accordance with Section 31.2.4.4 and is no longer valid. This means that any and all reviews pending within the Department of Community Development are no longer in effect. Without a valid Special Use Permit, review of Site Plan Application Number SDP2009 -029 may not continue and will be suspended until the use permit is revised. You may request the status of SP2004 -0002 or an official determination from Ms. McCulley at (434) 296 -5832 ext. 3229. If I may be of further assistance, please don't hesitate to allow me to assist you. Sincerely, J. Patrick Lawrence, Planner 434) 296 -5832 ext. 3297 plawrence@albemarle.org cc: Bill Fritz, Chief of Current Development Amelia McCulley, Zoning Administrator Margaret Maliszewski, Principal Planner Philip Custer, Engineer lyc A5 1 1 " AL43. 1f11 - -9P r IRGIO" COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 May 21, 2009 Justin Shimp c/o Dominion Development Resources 172 South Pantops Drive Charlottesville, VA 22911 RE: SDP - 200900029 Luxor Commercial Center — (Lot A) Final Site Plan Dear Mr. Shimp, Thank you for your April 14` 2009 submittal of the above mentioned final site plan. The final site plan SDP2009 -00029 is hereby denied. The associated Special Use Permit (SP 2004 - 00038) approved for this use has expired, and in accordance with Section 31.2.4.4 is no longer valid. Review of the above referenced final site plan has been suspended until a special use permit allowing the proposed use is granted by the Board of Supervisors. Pursuant to Section 31.2.4.4 of Chapter 18 of the Albemarle County Code: 1. [31.2.4.4] Revocation of a Special Use Permit: Anv special use permit issued pursuant to this chapter may be revoked by the board of supervisors. after notice and hearing pursuant to Virginia Code § 15.2 -2204, for willful noncompliance with this chapter or any conditions imposed under the authority of section 31.2.4.3. If the use, structure or activity for which a special use permit is issued is not commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, if the use authorized by the permit requires the construction of one or more structures, the term commenced" means starting the lawful physical construction of any structure necessary to the use authorized by the permit within twenty -four (24) months after the permit is issued. The board of supervisors may. as a condition of approval, impose an alternative period in which to commence the use, structure or activity as may be reasonable in a particular case. A determination that a permittee has commenced a use, structure or activity under this section is not a determination that the permittee has acquired a vested right under Virginia Code § 15.2 -2307. " (Amended 10 -3 -01) (¢ 31.2.4.4, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) SP2004 -038 granted drive -thru lanes for the proposed bank. Approval of the special use permit by the Board of Supervisors on October 12, 2005 was taken as a separate action from the Zoning Map Amendment (ZMA2004- 012) approval which granted the rezoning of the parcels known as Luxor Commercial. To date, construction has not "commenced" within the specified twenty four (24) month time frame, therefore, the special use permit is deemed abandoned and the authority granted is therefore terminated. You may re -apply by following the application process for a special use permit. 1 2. The Final Site Plan SDP2009 -029 is inconsistent with the approved application plan [ZMA2004 -012]. The building footprint, the number of drive -thru lanes, and the stacking order are inconsistent with the Approved Application Plan. You must file an "Application for Variations from Approved Plans, Codes and Standards of Development." Please contact me at your earliest convenience if you have any questions or require additional infoimation. Sincerely, Patrick Lawrence, Planner Current Development File: SDP - 2008 -121 Cc: Luxor, LLC 195 Riverbend Drive Charlottesville, VA 22911 2 o, AL a etb COUNTY OF ALBEMARLE Department of Community Development 401 Mclntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 Project:Luxor Commercial Center [SDP- 2009 - 00029] Plan preparer:Justin Shimp, Dominion Development Resources Owner or rep.:Luxor, LLC Plan received date: 14 April 2009 Date of comments: 9 June 2009 Reviewer:Phil Custer The final site plan for the Bank Site at the Luxor Commercial development, received on 14 April 2009 and deferred until 24 June 2009, has been reviewed. Engineering review can recommend approval to the plan after the following comments have been addressed. Final Site Plan 1. This site plan cannot be approved until the access easement on TMP 78 -12B is recorded. That easement document should also include any temporary construction easement necessary to build the proposed entrance. 2. A new WPO plan will not be necessary for this site. The previously approved ESC plan covers the disturbed area with inlet protection shown on the DI -7 structure. An agreement was reached between the site owners and North Pantops Townhomes to allow for stormwater management to be utilized in the downstream basins that were built for the Pavilions development. (See WPO -2008- 00052) 3. The plan does not appear to match the approved layout from the original SP and ZMA plans. A determination /variation from Planning /Zoning will be required before the site plan can proceed. The stacking modification should be reissued at that time as well. Engineering review will also note that the sight distance is reduced with this latest plan. 4. The crosswalk just beyond the drive -up window bays for the bank shall be identified with crosswalk signage on either side of the drive aisle." (SP -04 -038, Proffer 3) Please show the signage mentioned in this proffer. 5. The private easement from structure 12Z1A to structure 12Z1 is a 28ft easement. Please correct the label and provide the deedbook and page number of the recorded easement. 6. The plan must be signed and dated by a licensed professional. [18-32.6.1] 7. Some trees appear to be proposed on the curb line and in the drive aisle pavement. 0YAIB.1411111- ii17111 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 June 24, 2009 Justin Shimp c/o Dominion Development Resources 172 South Pantops Drive Charlottesville, VA 22911 RE: SDP - 200900029 Luxor Commercial Center — (Lot A) Final Site Plan Dear Mr. Shimp, This letter supersedes that sent to you May 21, 2009. That letter stated that the Special Use Permit had expired. However, you had previously been given information that the Special Use Permit was valid. We will treat the Special Use Permit as valid for the current review. By separate correspondence we will discuss the status of the Special Use Permit. The final site plan SDP2009 -00029 cannot be approved by Current Development at this time. The Final Site Plan SDP 2009 -029 is inconsistent with the approved application plan [ZMA2004 -012]. The building footprint, the number of drive -thru lanes, and the automobile stacking order for the drive -thru lanes are inconsistent with the Approved Application Plan. You must file an "Application for Variations from Approved Plans, Codes and Standards of Development. The application is available online at: http: / /www.albemarle.org /upload /images /forms_ center /departments /community_development /forms /application s /Application_Variation_fromApplication_Plans_Cudes_ and _Standards_ofDeveloment.pdf I have reviewed the conditions of approval for the Preliminary Site Plan (SDP 06 -56). All of these conditions must be met prior to signing the final site plan. According to our records the only condition that has been met to date is Fire Rescue approval. All other conditions are outstanding. Please contact me at your earliest convenience if you have any questions or require additional information. Sincerely, Patrick Lawrence, Planner Current Development File: SDP - 2009 -029 Cc: Luxor, LLC 195 Riverbend Drive Charlottesville, VA 22911 1 N+ voirti COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 Project:Luxor Commercial Center [SDP- 2009 - 00029] Plan preparer:Justin Shimp, Dominion Development Resources Owner or rep.:Luxor, LLC Plan received date: 14 April 2009 Rev. 1) 31 July 2009 Date of comments: 9 June 2009 Rev. 1) 11 August 2009 Reviewer:Phil Custer The final site plan for the Bank Site at the Luxor Commercial development, received on 31 July 2009, has been reviewed. Engineering review can recommend approval to the plan after the following comments have been addressed. Final Site Plan 3. The plan does not appear to match the approved layout from the original SP and ZMA plans. A determination /variation from Planning /Zoning will be required before the site plan can proceed. The stacking modification should be reissued at that time as well. Engineering review will also note that the sight distance is reduced with this latest plan. Rev. 1) A variation has not yet been approved. Additional comments may be required if the variation is approved and other conditions are imposed. 7. Some trees appear to be proposed on the curb line and in the drive aisle pavement. Rev. 1) A tree has been proposed in a sidewalk. IRGII COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 - 4126 Date:August 12, 2009 To:Amelia McCulley, Zoning Administrator Wayne Cilimberg, Director of Community Development Elaine Echols, Principal Planner Rebecca Ragsdale, Senior Planner From:Patrick Lawrence, Planner 5. RE:SDP-2009--029 Luxor Commercial Center, Lot A (Wachovia Bank) During the review process of the Wachovia Bank project, it was noted that the footprint of the building and the number of drive —thru lanes were inconsistent with ZMA04 -012 and SPO4 -038 approved October 12, 2005. The applicant, Luxor Commercial, has requested variations to both the approved Zoning Map Amendment. Enclosed) The applicant requests that the proposed bank building be allowed to be increased to 3,193 sq. ft., an increase of 1,693 sq. ft., from the approved 1,500 sq. ft. building footprint as contained in ZMA04 -012. The applicant further requests that the number of drive -thru lanes be reduced from the approved three with a bypass lane, as contained in SPO4 -038, to two drive -thru lanes with a bypass lane. On the approved Application Plan for SPO4 -038, five stacking spaces were provided for the first teller window, three for the second window and four for the ATM with no impediment to the bypass lane however, that can be addressed during the site plan process. A reduction in the number of lanes does not appear to conflict with the conditions of the special use permit. The proposed site plan provides six stacking places for the first teller window and three for the second window. There is no provision for a drive -thru ATM on this proposal. This particular layout may compromise the bypass lane. 1 Page 1 of 1 Patrick Lawrence From: Amelia McCulley Sent: Friday, August 14, 2009 2:08 PM To:Rebecca Ragsdale; Patrick Lawrence Cc:Wayne Cilimberg; Elaine Echols; Gerald Gatobu; Bill Fritz Subject: SDP 2009 -029 Luxor Commercial Center Lot A (Wachovia Bank) In answer to Rebecca's question, yes I think it is possible to do a minor change without the requirement of a variation. If that's what Planning's assessment is, I will fully support it. I didn't follow the memo completely and am concerned that the bypass lane being compromised is NOT a site plan issue but is a waiver and special use permit issue. From: Rebecca Ragsdale Sent: Friday, August 14, 2009 1:42 PM To: Patrick Lawrence Cc: Wayne Cilimberg; Elaine Echols; Amelia McCulley Subject: SDP 2009 -029 Luxor Commercial Center Lot A (Wachovia Bank) Pat - Thank you for the copy of the latest site plan submittal for SDP 09 -29 (Luxor Commercial Lot A- Wachovia Bank) and the variation request provided by the applicant for the increase in building footprint and increase in square footage in place of drive through lanes shown on the approved application plan (ZMA 04 -12). I discussed these changes from the application plan with Wayne yesterday. Since there were no changes to layout and building area is taking the place of drive through lanes, which is more desirable, we had no objection or issues with this change. (Building square footage is not limited by the application plan or proffers.) Amelia - Since this is a relatively minor change, does this even need a variation? Planning supports not even requiring one for such a minor change. If one is needed please let me know and I will get the approval letter to Wayne to sign. Thanks! Rebecca Rebecca Rags gait: e rzio•. is aac^4. Count, of i z°.. > >a< _t: par(mdnt of (omm an evc`Sopm t'nt 401 MAnt11`:.- Road Charlotte: vine. ', I 2°voc,2 -459e. 43 2g( - 58 :1`-: Lxi. :4439 Fax (4 :a 072 -4012 E- mail: :ragsdaieur" aatbeniaric.ur, 8/14/2009