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HomeMy WebLinkAboutLOD201700017 Application 2018-02-28FOR OFFICE USE ONLY LOD # Fee Amount $ Dale Paid By who? _ _ _Receipt # C1t#_ By: Application for Official Letter of Determination El Official Letter of Determination of Parcel of Record and/or Development Rights = $108 [� All other Official Letters of Determinations (including but not limited to Use, Zoning, Nonconformity, Parking, Floodplain, Vested Rights, Area & Bulk Regulations, De minimis) = $108 OCertification that notice of this application has been provided to the property owner, if owner is different from applicant. project Name: 5TH STREET STATION Tax map and pareel(s): 076M1-00-00-00200 Zoningt PLANNED DEVELOPMENT SHOPPING CENTER Contact Person (Who should we call/write concerning this project?): ASHLEY DAVIES, WILLIAMS MULLEN Address 321 EAST MAIN STREET, STE 4 Daytime Phone L_) 434-951-5725 Fax # (_, Owner of Record 5TH STREET STATION VENTURES, LL( Address 5 WEST BROAD STREET, STE B City CHARLOTTESVILLE State VA Zip 229C2 E-mail ADAVIES@WILLIAMSMULLEN.COM DAN TUCKER City FAIRBURN State GA Zip 30213 Daytime Phone LJ (404) 290-7924 Fax # L) E-mail dan@sjcolllnsent.com Applicant (who is the Contact person representing?): SAME AS OWNER OF RECORD Address Daytime Phone (__) City Fax # L) E-mail Parcel of Record and/or Development Rights ❑ Tax Map Page ❑ Last Instrument of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia on or prior to December 10, 1980 that includes a plat or metes and bounds description of the property. (Highlight or underline references to the subject property). ❑ All plats and deeds of record after December 10, 1980, UP UNTIL THE PRESENT DATE. (Highlight or underline references to the subject property). ❑ Any other pertinent information. ❑ Cover letter stating the assumed number of parcels and development rights, with explanation of same. ❑ A fee is State Zip All other Determnations m Cover letter stating what is being requested. Provide all necessary information for the consideration of this decision including ® Tax Map Page if request is regarding a specific property. ❑ If the request is regarding a nonconforming use, structure, or lot then you must provide enough probative material evidence to prove the nonconformity. ® Provide justification for the request and any other pertinent information. 2 Fee as noted above. for each separate parcel shown on the tax map. Please refer to Ilw Albemarle County Land Use Law Handbook for more information regarding zoning determinations and nonconformlties. llttu://www.albenurie.ora/LandUs Dll� / 44, 4&z/l7 Signature of Owner / Date D�.Wgal( S. ?u�.%.r (�i�-, e•,s,l�7c�•��, L104-110—V.&Y Print Name Daytime phone number of Signatory County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 11/1/2015 Page 1 of 1 WILLIAMS M U LLEN Direct Dial: 434.951.5725 adavies@williamsmullen.com June 23, 2017 Via Hand Delivery & Email Amelia McCulley, Director of Zoning and Zoning Administrator Stewart Wright, Senior Permit Planner, Signage Review County of Albemarle Department of Community Development Re: YARD Proposed Signage and Mural Zoning Determination Dear Amelia and Stewart, On behalf of our client, 5th Street Station Ventures, LLC, the owners of the land comprising the 5th Street Station Shopping Center (the "Development"), we request a zoning determination regarding zoning regulations and their applicability to various signage and artistic expression within the Development. We would like feedback regarding a specific portion of the Development known as the YARD, an outdoor plaza area (the "YARD") that is surrounded by several proposed restaurants and near the Alamo Theater, currently under construction. For more information, see the attached site plan (Exhibit A) indicating the location of the YARD and a site plan (Exhibit B) for the area including the location of entrance/monument signage. A meeting was held with staff to review the `YARD' components, including signage, and all of the subjects outlined in this verification letter request were discussed. This letter is to confirm our common understanding of the following: signage regulations, the proposed signage within this area, the placement of a mobile unit in the plaza, and a proposed mural on the retaining wall behind the YARD. Exhibits A and B both indicate the location of the monument signage, and Exhibit C is a color elevation of the proposed signage. The placement of the monument/wall signage at the Entrance to the YARD is in a unique location that is completely interior to the Development and surrounded by buildings. Thus, the monument signage is not visible from beyond the boundaries of the lots on which they are located. The Albemarle County Zoning Ordinance, Section 4.15.2 (a) describes the criteria for the application of signage regulations in the County. The code states: The requirements of section 4.15 shall apply to all outdoor signs and window signs, including all outdoor signs and window signs in the entrance corridor overlay district, that are visible from beyond the boundaries of the lots on which they are located. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. [Emphasis added] Request #1: Because the monument signage, as indicated in Exhibits A, B and C is not visible from beyond the boundaries of the lots on which they are located, please confirm that the 321 East Main Street, Suite 400 Charlottesville, VA 22902 T 434.951.5700 F 434.817.0977 wiIlia msmuIlen.comI A Professional Corporation regulations of section 4.15 do not apply to this signage as proposed and no signage permit is required. Exhibit B shows the location of proposed restaurants A, B and C in relationship to the YARD. The dividing wall between Restaurant A and B is indicated as a dotted line. Detailed exhibits showing linear footage of frontage for the purposes of wall signage have been submitted to staff for review and determination of maximum wall signage amounts for each of the proposed restaurants. Once amounts have been determined, signage application packages may be submitted for these establishments. Proposed Restaurant A will include a wall sign with the message 'EAT HERE' and an arrow pointing to Restaurant A. The location of the wall signage is indicated on Exhibit B and is part of the wall associated with Restaurant A. Request #2: Confirm that the `EAT HERE' wall signage will be counted as a portion of the maximum allowable wall signage for Restaurant A. One of the unique characteristics of the YARD plaza area (see Exhibit B) is a mobile vendor space measuring approximately 160 square feet. This space will be available for seasonal sales using a mobile kiosk type unit. The Zoning Ordinance, Section 4.15.5 (a) 2 includes a provision for signs exempt from obtaining a sign permit: Signs not required to obtain sign permit; subject to all other applicable requirements. Each permanent sign classified in this subsection may be erected, altered, replaced, or relocated without first obtaining a sign permit, provided that it complies with all applicable requirements of this section 4.15 and the following:... 2. Advertising vehicles. Advertising vehicles in which none of the prohibited conditions delineated in section 4.15.8(c)(2)(ii) or (iii) exist. (Added 3-16-05) Request #3: Confirm that signage regulations do not apply to mobile units, as proposed for the YARD. Is this proposed mobile kiosk considered seasonal sales, a kiosk, a food truck, or an advertising vehicle? The Owner also proposes to have a mural painted on the retaining wall at the western entrance to the Development. The attached Exhibit D illustrates a mural concept that was presented to staff for consideration. It is our understanding, that pursuant to the Albemarle County Zoning Ordinance Section 4.15.3 Definitions and Qualifications, under the definition of sign, The term "sign" does not include... works of art in which creative skill or imagination is expressed in a visual form, such as a painting or a sculpture, intended to beautify or provide an aesthetic influence, and which contains no copy containing commercial speech... Request #4: Confirm that the proposed conceptual mural is exempt from the Signage Ordinance regulations. Confirm that no further review or approvals are required for the installation of the proposed mural, so long as it contains no commercial copy. Planning staff has informed us that the outdoor plaza area of the YARD and the mobile vendor space do not count towards the total allowable commercial square footage as approved for the Development. 3 Request #4: Confirm that outdoor plaza areas and a mobile vendor space, as illustrated in Exhibit B, do not count towards the total commercial square footage allotment for this Development, as defined in the approved Application Plan. Thank you for your review and consideration of our request for a zoning determination as it relates to signage in and around the YARD portion of the Development. Please let us know if any additional information is needed to make the requested determinations. We look forward to your response. Sincerely, Ashley Davies Exhibits: Exhibit A 5th Street Station Site Plan with YARD location Exhibit B Site Plan of the YARD Exhibit C Signage Elevation of YARD Entrance Signage Exhibit D Conceptual Rendering of Retaining Wall Mural 33837331_1 3 EXHIBIT A ------------ --------------------- SHOPPING CENTER SITE WITH YARD PLAZA LOC) RESTAURANT PLAZA AREA A Dc ic Ile E' K T I- -OLOG T. 11 1D 19.737 V T 111TI TITIM &MUMMMM TENe- B \ -- lagnm SF � a919n� SF PROJECT 5TH STREET STATION WWVJ ... CHARLOTTESVILLE, VA DRAWING sp.89 DATE 0614.17 z g CL H V1 m H CO 2 X W ww/� W V w Q 2 Z Q w y 1 w w (' / pCC 'ZC^� a UP I cu L -cucn Q — ® p /LL< / M wz •�•• ® �^ I"_ w w o� _ o Lu 0 1_ U Q LL \ QLO z ww � Nv J N 0P Z—,Z cQ T —s i � I c u I,� O w W In J � o ui S� ¢ > C �R- g Q w � `oc III W OJ N III o III v, QLu O III N= W III III - L a Z II II Z W � J M t Z a u � „0—,0 6 m x W -- �I 6/22/2017 County of Albemarle- GIS-Web- Property Information Parcel ID: 076M 1-00-00-00200 Parcel Assessment Data (CAMA) Last Updated On: 02/04/2017 Other Parcel Data Last Updated On: 06/18/2017 GIS/Mapping Data Last Updated On: 06/18/2017 Summary Information Parcel Information Total Acres 47.68 Primary Prop. N/A Address Other Address 225 MERCHANT WALK AVE 240 MERCHANT WALK AVE 245 MERCHANT WALK AVE UNIT 100 245 MERCHANT WALK AVE UNIT 200 250 MERCHANT WALK AVE UNIT 100 250 MERCHANT WALK AVE UNIT 200 250 MERCHANT WALK AVE UNIT 300 250 MERCHANT WALK AVE UNIT 400 265 MERCHANT WALK AVE UNIT 100 265 MERCHANT WALK AVE UNIT 200 265 MERCHANT WALK AVE UNIT 300 265 MERCHANT WALK AVE UNIT 400 295 MERCHANT WALK AVE 315 MERCHANT WALK SQ UNIT 100 315 MERCHANT WALK SQ UNIT 500 315 MERCHANT WALK SQ UNIT 600 325 MERCHANT WALK SQ 375 MERCHANT WALK SQ 405 MERCHANT WALK SQ 415 MERCHANT WALK SQ UNIT 100 415 MERCHANT WALK SQ UNIT 200 425 MERCHANT WALK SQ 435 MERCHANT WALK SQ UNIT 100 435 MERCHANT WALK SQ UNIT 200 435 MERCHANT WALK SQ UNIT 300 435 MERCHANT WALK SQ UNIT 400 435 MERCHANT WALK SQ UNIT 500 435 MERCHANT WALK SQ UNIT 600 100 WEGMANS WAY 120 WEGMANS WAY 130 WEGMANS WAY 140 WEGMANS WAY 150 WEGMANS WAY Property 11 Card(s) http://gisweb.albemarle.org/GISWEB/Propertyinfo.aspx?pin=076M 100000O200 1/2 6/22/2017 County of Albemarle- GIS-Web- Property Information Lot 00200 Property Name Subdivision N/A Notes 9/15/16 Deed of Dedication DB4814/522 61.9371 ac - 7.8693 ac to 76M1-2A1 Greenway Parcel A - 1.7137 ac to 761V11-2131 Greenway Parcel B - 4.6715 ac to 5th St Stn Pkwy dedicated to County = 47.6826 ac 12/11/15 Consolidation Plat DB4704/546, 76M1-2A, 2B & 4A, as well as City of C'ville TMP 216-51, combined to make this parcel, total 65.87 ac Owner Information Owner 5TH STREET STATION VENTURES LLC Address 5 WEST BROAD STREET STE B FAIRBURN GA, 30213 Owner as of 5TH STREET STATION VENTURES LLC Jan 1st Most Recent Assessment Information Year 2017 Assessment 04/27/2017 Date Assessment New Construction-2nd Cycle Reason Land Value $17,664,000 Land Use Value $17,078,440,700 Improvements $43,092,100 Value Total Value $60,756,100 Most Recent Sales History Previous Owner 5TH STREET STATION LLC Owner 5TH STREET STATION VENTURES LLC Sale Date 01/28/2015 Sale Price $0 Deed 4578/605 Book/Page Other Tax Information as of Jan 1st State Code Com For Business or Retailing Tax Type Reg. 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