HomeMy WebLinkAboutZMA201600023 Public Notification Zoning Map Amendment 2017-12-13 (2) Thank you for attending today's meeting. During the 2017 Calendar Year,the Chair is Diantha H. McKeel and the Vice-
Chair is Norman G. Dill.
During the time set aside for"Matters Not Listed for Public Hearing on the Agenda",individuals may address the Board BOARD OF COUNTY SUPERVISORS
of Supervisors concerning any issue not listed on the agenda for Public Hearing. Individuals are allowed three minutes to speak,
unless otherwise decided.A sign-up sheet is provided at the meeting. ALBEMARLE—COUNTY- VIRGINIA
During Public Hearings, the Board will only acknowledge speakers addressing the item listed for Public Hearing. =' R _-
Speakers are limited to one appearance of three minutes per public hearing item. A sign-up sheet is provided at the meeting and sr "c F „c ,, h // ;
you may sign up online in advance of the meeting at http://www.albemarle.orq/bossoeakers/. Speakers will be called forward in an ;:' af t �` "/ )1 --- �1.c ,`c.., .-•,
alternating pattern of in person sign ups and online sign ups.Applicants are limited to a ten minute presentation of their proposal f \•. ) .)r ,if 1% h••�,•
and are allowed a five minute rebuttal at the close of the public hearing. ,/• ��-_J --- r--- --` `-<;_ \.
Time keeping is conducted through a timer and a light system at the podium.The green light will go on when you begin /i' r' ` ., ''. /� -
speaking and this begins your allotted time;a yellow light indicates you have one minute to finish your comment a red light indicates r•' d '`; .- -- II -' "'
your time has expired. If more than 10 speakers are signed up to speak,the time allotted to speak will be reduced to two minutes ,f Y .- (--fi AGENDArFORi --7,--; \'., ` r ^
and the yellow light will indicate you have 30 seconds to finish your comment. In order to give all speakers equal treatment and --- ='t
courtesy,the Board requests that speakers adhere to the following guidelines: E( D.gcember 19I I201 z A /4,
• When called to the speaker's podium, state your name and magisterial district j�/ ) :-f'"`" '- III_I 1 I i cl i 1 ii-iII f.= f;1111 1 f II 1 i.- 1 ') _i '.
• Address comments directly to the Board as a whole i '•
1/ -Welcome•to-this]j eeting of�the'�"'-A' ,
• Give written statements and other supporting material to the Clerk ;J i" --�k ! " , 11
PP g Albemarle=Board of Cvountyr-Supervisors j ?
• If you represent a group or organization,you may ask others present to raise their hands and be recognized !11 _i J/+ .,-;-;''?Fr !- \�,y_ —' = I
• If you exceed your allotted time,you will be asked to end your comments 41 �! �r ,� t! p \T 14� ' " •
• If a speaker does not use all allocated time, the unused time may not be shared with another speaker ' / -1 1 t '-Si' '1 { ', �--'
• Speakers arepermitted one opportunity to comment duringeach of thepublic commentperiodsperI \. ,.,J Norman-G.-Dill-I( 1 II \ - Ann'lsl--Mallek .. % I
P PP tY meeting r• rr?S - • LT� - 1 f., -
• Back-and-forth debate is prohibited Rivanna Distric I. "N- ,White Hall Distract t
1
• Do not speak from your seat or out of turn It, C �.; v" - 1 i j
• ^ - .;•,^ouraged to raise their hands to indicate their support or opposition to speakers at the l° DI�ntha H. McKeeh ` r~� LIZ"A: P.Imes
rrsons in the and enco Ei N
podium or any item during the meeting •„ \ ti t ------ -- ; r I _ i i
Please refrain from applause and other forms of appruvd;or disapproval, as a courtesy to each speaker t - ,Jack`'J�`ouett District'----'"--i ---,Samuel Miller Dist ict
• Signs are permitted in the meeting room so long as they Pre Poi attached to any stick or pole and do not obstruct the view c: ,J�,-,c t ( n ° 61 p • J,
of persons attending the meeting \ Rickk%RandoI h , I„ r Brad L S,hePffield ''''
All comments are live streamed,recorded and published on the A/bems::_ _ my website. ,. ,Scottsville District t !.i\• r -•'Rio D%striCt ; j;
Please turn off all pagers and cellular telephones. N,, i \\_ i7 r ,*_ _,., /- _if(
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Jeffrey B RichardsQn�,f eJ^ D 1 i GregvKamptner,,•Esq.
``County Executive,: .-- County`Attorney
j °' is 1-.m� -v- .A 1, ,- r
Clerk, Board of County Supervisors Claudette K.Borgersen.-
401 McIntire Road "' It Clerk . `� �P•-:-s
Charlottesville, Virginia _-.`_ "-^ . ..
22902-4596 _=
The Albemarle Board of County Supervisors meets in the Lane Auditorium, Second Floor, County Office
Building,401 McIntire Road, Charlottesville,Virginia, 22902-4596, on the first Wednesday(1:00 p.m.), and the second
Wednesday(6:00 p.m.) Because of the large number of items presented for consideration, the Board has established
certain guidelines for citizen participation (see back of this agenda for a complete listing). These guidelines help
to ensure that everyone who wishes to speak can do so, and that the Board can benefit from hearing as many different
people as possible in the shortest period of time.
Matters generally are considered by the Board in the order listed on the agenda. Matters on the "Consent
Agenda" are routine and are normally adopted or approved by one motion without discussion. Items listed on the
regular agenda are taken up one at a time. Keep in mind that the agenda is for the convenience of the Board and the
public and may be altered by the Board at any time without prior notice when it is considered to be in the best interest
to do so. Scheduled times are often assigned to specific matters; however, due to unforeseen circumstances items
may not be heard at the time listed on the agenda.
Information concerning agendas and their scheduling is available from the Clerk's Office at 296-5843 or on
the Internet at http://www.albemarle.org/bos. If you wish to have your name added to the agenda mailing list, please
go to the County's Internet site and register for A-mail, the County's on-list news service. In addition, you may e-mail
all Board members at bos@albemarle.org.
i .
Residential, which allows residential use by right (1 unit per acre). OVERLAY DISTRICT(S): ENTRANCE
BOARD OF SUPERVISORS CORRIDOR, AIRPORT IMPACT AREA, and STEEP SLOPES — MANAGED and — PRESERVED.
FINAL , COMPREHENSIVE PLAN: Institutional, which allows for schools, libraries, parks, major utilities, hospitals,
D E C E M B.E R 13, 2017 I universities, colleges, ancillary facilities, and undeveloped publicly owned property; and Parks and Green Systems,
• • COUNTY OFFICE BUILDING which allows for parks, playgrounds, play fields, greenways, trails, paths, recreational facilities and-equipment,
2.00 P.M.—AUDITORIUM plazas, outdoor sitting areas, natural areas, and preservation of stream buffers, floodplains, and steep slopes
adjacent to rivers and streams. In Neighborhood 6 of the Southern and Western Urban Neighborhoods: (Tim
Padalino, Senior Planner)
16. ZMA201600023—Brown Toyota Steep Slope Amendment Request. PROJECT:ZMA201600023 Brown Toyota
2:00 p.m. MAGISTERIAL DISTRICT: Rivanna TAX MAP/PARCEL: 07800000001400, 078000000014E0 LOCATION: 1357
1. Call to Order. Richmond Dr. (Rt. 250), approximately .30 miles east of the Riverbend Drive PROPOSAL: Request to change the
• zoning designation of approximately 0.25 acres of steep slopes from a Preserved slope designation to a Managed
Work Session: slope designation, which would allow the preserved slopes to be disturbed. This area has been subject to prior
2. Government Operations/Courts Relocation Opportunities Analysis- Final Report. (Trevor Henry, Director, grading activity. PETITION: Request for 0.25 acres from Steep Slope Overlay District (Preserved) which allows
Facilities and Environmental Services) uses under Section 30.7.4 (b)to Steep Slopes Overlay District(Managed)which allows uses under Section 30.7.4
(a). No dwellings proposed. OVERLAY DISTRICT(S): Steep Slopes; Entrance Corridor PROFFERS: Yes
3:45 p.m.—Work Session: COMPREHENSIVE PLAN: Commercial Mixed Use — retail, commercial services, office, hotel/motel/conference
3. FY19—FY20 Recommended Two Year Fiscal Plan—Guidance for Annual Budget Development. (Lori Allshouse, facilities, and wholesale uses; Urban Mixed Use—retail, commercial services, office, and a mix of residential types
Director, Office of Management and Budget) (6.01 —34 units/acre); and, Greenspace—undeveloped areas in the Pantops Development Area. POTENTIALLY
IN MONTICELLO VIEWSHED: Yes. (J.T. Newberry, Senior Planner)
4. 5:30 p.m. - Closed Meeting. 17. Ordinance to Amend County Code Chapter 1, General Provisions. To receive public comment on its intent to
5. Certify Closed Meeting. adopt an ordinance to amend Chapter 1, General Provisions, of the Albemarle County Code by reorganizing the
• chapter, and amending definitions; rules of construction; provisions pertaining to amending the County Code;
6:00 p.m. provisions pertaining to offenses, penalties, fines, costs, and remedies; and a provision pertaining to the authority
6. Call back to Order. of deputies and designees. (Greg Kamptner)
7. Pledge of Allegiance. 18. From the Board: Committee Reports and Matters Not Listed on the Agenda.
8. Moment of Silence. • a. Gillums Ridge Road Quiet Zone Petition.
9. Adoption of Final Agenda. b. CATEC/Rio Wildflower Project.
10. Brief Announcements by Board Members. 19. From the County Executive: Report on Matters Not Listed on the Agenda.
11 Proclamations and Recognitions. a. Year-in-Review. (Jody Saunders, Communications Coordinator)
12. From the Public: Matters Not Listed for Public Hearing on the Agenda.
13. . Consent Agenda (on next page). 20. Closed Session. (if needed) '
21. Adjourn to December 18, 2017, 6:00 p.m., Lane Auditorium.
Public Hearings:
14. 17-03(1)—Agricultural and Forestal Districts. Ordinance to amend Division 2, Districts, of Article II, Districts of
Statewide Significance, and Division 2, Districts, of Article III, Districts of Local Significance, of Chapter 3,
Agricultural and Forestal Districts, of the Albemarle County Code, to add lands to certain districts, to make CONSENT AGENDA •
corrections to certain district regulations to identify all those tax map parcels with the districts, and to review certain
districts, as specified below:
a) AFD 2017-01 Free Union AFD—Addition.The proposed ordinance would amend Section 3-213, Free Union FOR APPROVAL(action required):
Agricultural and Forestal District,to add TMPs 16-3 and 16-3D to the district; and
b) AFD 2017-02 Hardware AFD — District Review. The proposed ordinance would amend Section 3-214, 13.1 Approval of Minutes: September 6, September 13, September 19, and October 17, 2017.
Hardware Agricultural and Forestal District, to continue the district for all parcels identified in the district •
• regulations, to set the next district review deadline date of December 13, 2027, to identify TMPs 86-16F1 and 13.2 Huntley Farm Court Road Name Change. (Andrew Slack)
86-16F2 as being in the district (these parcels were created by subdivision of another parcel in the district), .
and to remove TMPs 86-14, 86-16E, and 88-26B, as well as any parcels for which a request for withdrawal is 13.3 Resolution to accept road(s) in the Belvedere Phase 1 Subdivision (County Phase 1A Bond Project) into the State
received before the Board acts on the proposed ordinance; and Secondary System of Highways. (Rio Magisterial District) (Jack Kelsey)
c) AFD 2017-03 Nortonsville Local AFD -District Review.The proposed ordinance would amend Section 3- .
307, Nortonsville Local Agricultural and Forestal District, to continue the district for all parcels identified in the 13.4 Resolution to accept road(s) in the Belvedere Phase 1 Subdivision (County Phase 2 Bond Project) into the State
district regulations, to set the next district review deadline date of December 13, 2025, and to remove any Secondary System of Highways. (Rio Magisterial District) (Jack Kelsey)
parcels for which a request for withdrawal is received before the Board acts on the proposed ordinance; and
d) AFD 2017-04 Ivy Creek AFD—Addition. The proposed ordinance would amend Section 3-217, Ivy Creek I13.5 Special Exception: B201701292SF on Tax Map 84, Parcel 71. (Johnathan Newbeny)
Agricultural and Forestal District, to add TMPs 44-18 and 44-21A3 to the district. (Scott Clark Senior Planner)
15. SP201700023: Birdwood -Boar's Head Temporary Connector Road—Amendment. PROJECT:SP201700023 FOR INFORMATION (no action required):
Birdwood—Boar's Head Temporary Connector Road—Amendment MAGISTERIAL DISTRICT:Samuel Miller TAX
MAP/PARCEL(S): 07500-00-00-06300 LOCATION: 410 Birdwood Drive, Charlottesville, VA 22903 PROPOSAL: 13.6 VDOT Monthly Report(December). (Joel DeNunzio)
Amend SP201700009 to allow for the construction of a connector road between Golf Course Drive on the Birdwood
property (TMP 07500-00-00-06300)and Berwick Road on the Boar's Head Sports Club property(TMP 059D2-01-
00-01500) for temporary, limited-access use. PETITION: Swim, golf, tennis, or'similar athletic facilities under
Section 13.2.2.4 of the zoning ordinance. No new dwellings proposed on this 544-acre parcel. ZONING: R1
riiii Albemarle County
C.-Iatit3
Meeting Agenda
Board of Supervisors
Supervisor,Rivanna District Norman G.Dill
Supervisor, White Hall District Ann H.Mallek
Supervisor,Jack Jouett District Diantha H.McKee/
Supervisor,Samuel Miller District Liz A.Palmer
Supervisor,Scottsville District Rick Randolph
Supervisor,Rio.District Brad L.Sheffield
County Executive,Jeffrey B.Richardson
Clerk, Claudette K.Borgersen
Wednesday,December 13,2017 2:00 PM Lane Auditorium
Work Session and Regular Night Meeting
1. Call to Order.
Action Item:
2. 17-652 Government Operations/Courts Relocation Opportunities Analysis - Final
report work session
(Trevor Henry,Director, Facilities and Environmental Services)
3:45 p.m. -Work Session:
3. 17-636 Recommended Two Year Fiscal Plan Work Session
(Lori Allshouse,Director, Office of Management and Budget)
4. 5:30 p.m. -Closed Meeting.
5. Certify Closed Meeting.
6:00 p.m.
6. Call back to Order.
7. Pledge of Allegiance.
8. Moment of Silence.
9. Adoption of Final Agenda.
Albemarle County Page 1 Printed on 12/8/2017
Board of Supervisors Meeting Agenda December 13,2017
10. Brief Announcements by Board Members.
11. Recognitions:
12. From the Public: Matters Not Listed for Public Hearing on the Agenda.
13. Consent Agenda (on next sheet)
Public Hearings:
14. 17-655 17-03(1)—Agricultural and Forestal Districts. Ordinance to amend
Division 2, Districts, of Article II, Districts of Statewide Significance, and
Division 2, Districts, of Article III, Districts of Local Significance, of Chapter
3, Agricultural and Forestal Districts, of the Albemarle County Code, to add
lands to certain districts, to make corrections to certain district:regulations
to identify all those tax map parcels with the districts, and to review certain
districts, as specified below:
a) AFD 2017-01 Free Union AFD—Addition. The proposed ordinance
would amend Section 3-213, Free Union Agricultural and Forestal District,
to add TMPs 16-3 and 16-3D to the district; and
b) AFD 2017-02 Hardware AFD—District Review. The proposed
ordinance would amend Section 3-214, Hardware Agricultural and Forestal
District, to continue the district for all parcels identified in the district
regulations, to set the next district review deadline date of December 13,
2027, to identify TMPs 86-16F1 and 86-16F2 as being in the district(these
parcels were created by subdivision of another parcel in the district), and to
remove TMPs 86-14, 86-16E, and 88-26B, as well as any parcels for
which a request for withdrawal is received before the Board acts on the
proposed ordinance; and
c) AFD 2017-03 Nortonsville Local AFD -District Review. The proposed
ordinance would amend Section 3-307, Nortonsville Local Agricultural and
Forestal District, to continue the district for all parcels identified in the
district regulations, to set the next district review deadline date of
December 13, 2025, and to remove any parcels for which a.request for
withdrawal is received before the Board acts on the proposed ordinance;
and
d) AFD 2017-04 Ivy Creek AFD—Addition. The proposed ordinance
would amend Section 3-217, Ivy Creek Agricultural and Forestal District, to
add TMPs 44-18 and 44-21A3 to the district.
(Scott Clark, Senior Planner)
Albemarle County Page 2 Printed on 12/8/2017
Board of Supervisors Meeting Agenda December 13,2017
15. 17-569 SP201700023: Birdwood - Boar's Head Temporary Connector Road—
Amendment. PROJECT: SP201700023 Birdwood—Boar's Head
Temporary Connector Road—Amendment MAGISTERIAL DISTRICT:
Samuel Miller TAX MAP/PARCEL(S): 07500-00-00-06300 LOCATION:
410 Birdwood Drive, Charlottesville, VA 22903 PROPOSAL:Amend
SP201700009 to allow for the construction of a connector road between
Golf Course Drive on the Birdwood property(TMP 07500-00-00-06300)
and Berwick Road on the Boar's Head Sports Club property(TMP
059D2-01-00-01500)for temporary, limited-access use. PETITION: Swim,
golf, tennis, or similar athletic facilities under Section 13.2.2.4 of the zoning
ordinance. No new dwellings proposed on this 544-acre parcel. ZONING:
R1 Residential, which allows residential use by right (1 unit per acre).
OVERLAY DISTRICT(S): ENTRANCE CORRIDOR, AIRPORT IMPACT
AREA, and STEEP SLOPES—MANAGED and—PRESERVED.
COMPREHENSIVE PLAN: Institutional, which allows for schools, libraries,
parks, major utilities, hospitals, universities, colleges, ancillary facilities,
and undeveloped publicly owned property; and Parks and Green Systems,
which allows for parks, playgrounds, play fields, greenways, trails, paths,
recreational facilities and equipment, plazas, outdoor sitting areas, natural
areas, and preservation of stream buffers, floodplains, and steep slopes
adjacent to rivers and streams. In Neighborhood 6 of the Southern and
Western Urban Neighborhoods.
(Tim Padalino, Senior Planner)
16. 17-568 ZMA201.600023—Brown Toyota Steep Slope Amendment Request.
PROJECT: ZMA201600023 Brown Toyota MAGISTERIAL DISTRICT:
Rivanna TAX MAP/PARCEL: 07800000001400, 078000000014E0,
LOCATION: 1357 Richmond Dr. (Rt. 250), approximately .30 miles east of
the Riverbend Drive PROPOSAL: Request to change the zoning
designation of approximately 0.25 acres of steep slopes from a Preserved
slope designation to a Managed slope designation, which would allow the
preserved slopes to be disturbed. This area has been subject to prior
grading activity. PETITION: Request for 0.25 acres from Steep Slope
Overlay District(Preserved)which allows uses under Section 30.7.4 (b)to
Steep Slopes Overlay District(Managed)which allows uses under Section
30.7.4 (a). No dwellings proposed. OVERLAY DISTRICT(S): Steep
Slopes; Entrance Corridor PROFFERS: Yes COMPREHENSIVE PLAN:
Commercial Mixed Use—retail, commercial services, office,
hotel/motel/conference facilities, and wholesale uses; Urban Mixed Use—
retail, commercial services, office, and a mix of residential types (6.01 —34
units/acre); and, Greenspace—undeveloped areas in the Pantops
Development Area. POTENTIALLY IN MONTICELLO VIEWSHED: Yes.
(IT. Newberry, Senior Planner)
Albemarle County Page 3 Printed on 12/8/2017
Board of Supervisors Meeting Agenda December 13,2017
17. 17-656 Ordinance to Amend County Code Chapter 1, General Provisions. To
receive public comment on its intent to adopt an ordinance to amend
Chapter 1, General Provisions, of the Albemarle County Code by
reorganizing the chapter, and amending definitions; rules of construction;
provisions pertaining to amending the County Code; provisions pertaining
to offenses, penalties, fines, costs, and remedies; and a provision
pertaining to the authority of deputies and designees.
(Greg Kamptner)
18. From the Board: Committee Reports and Matters Not Listed on the Agenda.
19. From the County Executive: Report on Matters Not Listed on the Agenda.
•
19.1 17-651 Year-in-Review.
(Jody Saunders, Communications Coordinator)
20. Closed Session. (if needed)
21. Adjourn to December 18,2017, 6:00 p.m., Lane Auditorium.
Albemarle County Page 4 Printed on 12/8/2017
Board of Supervisors Meeting Agenda December 13,2017
CONSENT AGENDA
13. FOR APPROVAL (by recorded vote):
13.1. 17-596 Approval of Minutes: September 6, September 13, September 19, and
October 17, 2017.
13.2. 17-589 Huntley Farm Court Road Name Change
(Andrew Slack)
13.3. 17-633 Resolution to accept road(s)in the Belvedere Phase 1 Subdivision (County
Phase 1A Bond Project)into the State Secondary System of Highways.
(Rio Magisterial District)
(Jack Kelsey)
13.4. 17-634 Resolution to accept road(s)in the Belvedere Phase 1 Subdivision (County
Phase 2 Bond Project) into the State Secondary System of Highways.
(Rio Magisterial District)
(Jack Kelsey)
13.5. 17-635 Special Exception: B201701292SF on Tax Map 84, Parcel 71
(Johnathan Newberry)
13. FOR INFORMATION (no vote necessary):
13.6. 17-567 VDOT Monthly Report (December)
(Joel.DeNunzio)
Albemarle County Page 5 Printed on 12/8/2017
•
Board of Supervisors Meeting Agenda December 13,2017
Thank you for attending today's public hearing. During the 2017 Calendar Year, the Chair is Diantha H. McKeel and the
Vice-Chair is Norman G.Dill.
During the time set aside for "Matters Not Listed for Public Hearing on the Agenda", individuals may address the Board of
Supervisors concerning any issue not listed on the agenda for Public Hearing. Individuals are allowed three minutes to
speak,unless otherwise decided.A sign-up sheet is provided at the meeting.
During Public Hearings, the Board will only acknowledge speakers addressing the item listed for Public Hearing.
Speakers are limited to one appearance of three minutes per public hearing item. A sign-up sheet is provided at the
meeting and you may sign up online in advance of the meeting at http://www.albemarle.org/bosspeakers/. Speakers will
be called forward in an alternating pattern of in person sign ups and online sign ups. Applicants are limited to a ten minute
presentation of their proposal and are allowed a five minute rebuttal at the close of the public hearing.
Time keeping Is conducted through a timer and a light system at the podium. The green light will go on when you begin
speaking and this begins your allotted time; a yellow light indicates you have one minute to finish your comment; a red
light indicates your time has expired. If more than 10 speakers are signed up to speak, the time allotted to speak will be
reduced to two minutes and the yellow light will indicate you have 30 seconds to finish your comment. In order to give all
speakers equal treatment and courtesy,the Board requests that speakers adhere to the following guidelines:
When called to the speaker's podium,state your name and magisterial district;
Address comments directly to the Board as a whole;
Give written statements and other supporting material to the Clerk;
If you represent a group or organization,you may ask others present to raise their hands and be recognized;
If you exceed your allotted time,you will be asked to end your comments;
If a speaker does not use all allocated time,the unused time may not be shared with another speaker;
Speakers are permitted one opportunity to comment during each of the public comment periods per meeting;
Back-and-forth debate is prohibited;
Do not speak from your seat or out of turn;
Persons in the audience are encouraged to raise their hands to indicate their support or opposition to speakers at the
podium or any item during the meeting;
Please refrain from applause and other forms of approval or disapproval,as a courtesy to each speaker;
Signs are permitted in the meeting room so long as they are not attached to any stick or pole and do not obstruct the view
of persons attending the meeting.
All comments are live streamed,recorded and published on the Albemarle County website.
Please turn off all pagers and cellular telephones.
Clerk, Board of County Supervisors
401 McIntire Road •
Charlottesville, Virginia
22902-4596
Albemarle County Page 6 Printed on 12/8/2017
ZMA#201600023
December 5, 2017
PROFFER STATEMENT
Date: December 5, 2017
ZMA#201600023
Tax Map and Parcel Number(s): PORTIONS OF ALBEMARLE COUNTY TAX MAP PARCELS 07800-00-
00.01400, 07800-00-00-014E0,07800-00-00-014C0 and 07800-00-00-014A0
Owner(s)of Record: UMANSKY PROPERTIES TOC, LLC, a Delaware limited liability company
(formerly owned by Virginia's First Family of Fine Cars, Inc. and S &B Realty Venture, L.L.C.) and
UMANSKY PROPERTIES MBOC, LLC, a Delaware limited liability company(formerly owned by S&B
Realty Venture, L.L.C.) (the "Owner(s)").
Rezoning request for Application Plan (the "Application Plan") entitled"BROWN TOYOTA AND
MERCEDES DEALERSHIPS 1357 & 1381 Richmond Road Charlottesville,VA 22911 RE-ZONING
APPLICATION PLAN" prepared by B. Clark Gathright, LLC,dated August 17, 2017, last revised on
September 26,2017.
UMANSKY PROPERTIES TOC, LLC, a Delaware limited liability company is the owner(s) of Tax Map
and Parcel Number 07800-00-00-01400 and 07800-00-00-014E0 (the"Property")which Is the
subject of rezoning application, a project known as "BROWN TOYOTA"(the"Project").
In order to accomplish the rezoning, a site plan amendment is required be made to the above
Property and'hi TAX Map anilparcel Nuritier 07800=00-00`014CO ovirriedtiyLIMANSItYFROPERTIES-
TOC, LLC, a Delaware limited liability Company and to Tax Map and Parcel Number 07800-00-00-
014A0 owned by UMANSKY PROPERTIES MBOC, LLC, a Delaware limited liability company.
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance,the owners,or their duly
authorized agent, hereby voluntarily proffer the conditions listed below which shall be applied to
their property, if rezoned to the zoning district Identified above. These conditions are proffered as
a part of the requested rezoning and it Is agreed that: (1)the rezoning itself gives rise to the need
for the conditions; and (2)such conditions have a reasonable relation to the rezoning request.
1. Development shall be in general accord with Plan entitled "BROWN TOYOTA AND
MERCEDES DEALERSHIPS 1357 &1381 Richmond Road Charlottesville,VA 22911 MINOR
SITE PLAN AMENDMENT" prepared by B. Clark Gathright, LLC, dated May 16,2017, last
revised on September 26,2017,the primary features of which include:The proffered site
plan will include a platted 2.47 acre preservation area for stormwater management and
water quality purposes (see the attached plat dated September 28, 2017,captioned "New
Forest/.Open Space Preservation Area TMP 78-14 and 78-14E Albemarle County" made by
1
•
Commonwealth Land/Surveying, LLC). The site plan alSp,delineates the current preserved
and,managed•slcipes areas that Will be uted tci attend the county jailing Maps.
OWNER
ply1)NNSKY PR9PERTI - • C; a Delaware limited liability company
By: /OP
Danby:UniansKY,:cro,
Date signed: 12_ 1611'4-
owNpfi:,
UMANSKY PROPE LLC, a Delaware liniited liability company
Danny Upiansky, CEO
Date Sigped: 12 16 I 1.-4-
2
r
BOARD OF SUPERVISORS
TENTATIVE
DE.CEMBER13, 2017
COUNTY OFFICE BUILDING
3:00 P.M.—AUDITORIUM
EXECUTIVE SUMMARIES DUE TO COUNTY ATTORNEY NO LATER THAN TUESDAY, NOVEMBER 21.
ALL AGENDA MATERIAL DUE TO CLERK NO LATER THAN MONDAY DECEMBER 4.
3:00 p.m.
1. Call to Order.
Work Session:
2. Approval of FY18—FY19 Two Year Fiscal Plan. (Lori Allshouse, Director, Office of Management and Budget)
Discussion/Action Item:
3. Development Services Advisor Draft Report. (Trevor Henry, Director, Facilities and Environmental Services)
5:00 p.m.—Recess.
6:00 p.m.
4. Call back to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. Adoption of Final Agenda.
8. Brief Announcements by Board Members.
9. Proclamations and Recognitions.
10. From the Public: Matters Not Listed for Public Hearing on the Agenda.
11. Consent Agenda (on next page).
Public Hearings:
13. AFD201700001 - Free Union Addition—Shepherd. (Scott Clark, Senior Planner)
14. AFD201700002 - Hardware District Review. (Scott Clark, Senior Planner)
15. AFD201700003- Nortonsville District Review. (Scott Clark, Senior Planner)
16. AFD201700004- Ivy Creek Addition. (Scott Clark, Senior Planner)
17. SP201700023: Birdwood -Boar's Head Temporary Connector Road—Amendment. (Tim Padalino, Senior
Planner)
18. ZMA201600023-Brown Toyota Steep Slope Amendment Request. (David Benish, Chief of Planning)
19. Recodification: Chapter 1 -General Provisions Public Hearing. (Greg Kamptner)
19. From the Board: Committee Reports and Matters Not Listed on the Agenda.
20. From the County Executive: Report on Matters Not Listed on the Agenda.
21. Adjourn to January 3, 2017, 1:00 p.m., Lane Auditorium.
CONSENT AGENDA
FOR APPROVAL(action require):
11.1 Minutes:
11.2 Huntley Farm Court Road Name Change. (Andrew Slack)
FOR INFORMATION (no action required):
o�A
Egalai
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
October 6, 2017
RE: ZMA201600023 Brown Toyota
Dear Sir or Madam:
This letter is to notify you as an adjacent property owner of the above-referenced petition
described as follows:
ZMA201600023 Brown Toyota
MAGISTERIAL DISTRICT: Rivanna
TAX MAP/PARCEL: 07800000001400, 078000000014E0
LOCATION: 1357 Richmond Dr. (Rt. 250), approximately .30 miles east of the Riverbend Drive
PROPOSAL: Request to change the zoning designation of approximately 0.25 acres of steep
slopes from a Preserved slope designation to a Managed slope designation, which would which
would allow the preserved slopes to be disturbed. This area has been subject to prior grading
activity.
PETITION: Request for 0.25 acres from Steep Slope Overlay District(Preserved)which allows
uses under Section 30.7.4 (b)to Steep Slopes Overlay District(Managed)which allows uses
under Section 30.7.4 (a). No dwellings proposed.
OVERLAY DISTRICT(S): Steep Slopes; Entrance Corridor
PROFFERS: Yes
COMPREHENSIVE PLAN: Commercial Mixed Use—retail, commercial services, office,
hotel/motel/conference facilities, and wholesale uses; Urban Mixed Use—retail, commercial
services, office, and a mix of residential types (6.01 —34 units/acre); and, Greenspace—
undeveloped areas in the Pantops Development Area.
POTENTIALLY IN MONTICELLO VIEWSHED: Yes
This petition will be reviewed and public comment received at the ALBEMARLE COUNTY
PLANNING COMMISSION MEETING ON TUESDAY, OCTOBER 24, 2017.
The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second
Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Should you wish to
attend this meeting, you may call this office during the week of the meeting to ask the tentative
time the item is scheduled on the agenda.
After the Commission has taken action on the proposal, a second public hearing will be
scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening
meeting) or 9:00a.m. (day meeting). A letter of notification of this hearing will not be sent to
adjoining owners; however, you may check this website:
http://albemarle.orq/upload/images/webapps/zoning/for SIGN# 13 to see its status at any time.
Alternatively, you may sign up for A-mail by going to www.albemarle.orq. (Go to the"Department"
tab at the top and select County Executive. At the County Executive's page, you will see
"Albemarle County A-mail" by going to the menu on the far right of the page. It is the last item.
Select this item and sign up from there.) If you do not have internet access, please feel free to
contact me by phone at 434/296-5832 x 3270.
Should you have any questions regarding this project, please feel free to contact me at the above
noted telephone number or via e-mail at jnewberry@albemarle.org. Should you simply wish to
review file material pertaining to the project, this information is available for review in the
Community Development Department during normal business hours (8 a.m.-5p.m., Mon-Fri). To
assure the information is ready for your viewing and to allow staff to be available to help with any
questions, we encourage you to schedule a viewing time. Please contact me during business
hours to schedule an appointment. While an appointment is not required, we do give priority to
those with appointments. Those without appointments may find the materials are in use by
others and/or staff is not available to help.
•
Sincerely,
J Newberry
T Newberry
Senior Planner
Planning Division
ABUTTING PROPERTY OWNERS
•
BUSHEY, WARREN A AND MARY C TRS OF THE WARREN A BUSHEY TRUST
TCO PARTNERS LLC
SANDAV LLC
GUADALAJARA CORPORATION IV
TAP INVESTMENTS LLC
DJCM INVESTMENTS LLC
VIRGINIA'S FIRST FAMILY OF FINE CARS INC C/O BROWN HONDA
LINKOUS,.JANICE S
VIRGINIA'S FIRST FAMILY OF FINE CARS INC CIO BROWN HONDA
ALBEMARLE COUNTY SERVICE AUTHORITY
LINKOUS, JANICE S
CARRIAGE HILL ASSOCIATION
Clark Gathright
cc: Clark Gathright
100 10St NE Ste 200
Charlottesville, VA 22901
City Manager
PO Box 911
Charlottesville, VA 22902
File
AFFIDAVIT
October 6, 2017
I, Stephanie L Collier, hereby certify that the attached notification letter was sent on the above
date to those persons listed on said notification. A total of 14 letters were sent(this includes
those listed receiving a copy).
Given under my hand in the County of Albemarle, State of Virginia sixth day of October
2017.
Notary Public
My commission expires May 31, 2020
FILE:
o AL
elfin`
0=
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
October 6, 2017
Clark Gathright
100 10St NE Ste 200
Charlottesville, VA 22901
RE: ZMA201600023 Brown Toyota
Dear Mr. Gathright,
This letter is to notify you that your above-referenced petition has been scheduled for public
hearings as follows:
This petition will be reviewed and public comment received at the ALBEMARLE COUNTY
PLANNING COMMISSION MEETING ON TUESDAY, OCTOBER 24, 2017.
The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second
Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. You or your
representative must be present at this meeting; you may call this office during the week of the
meeting to ask the tentative time the item is scheduled on the agenda.
After the Commission has taken action on the proposal, a second public hearing will be
scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening
meeting) or 9:00a.m. (day meeting). You or your representative must be present at this
meeting; A letter of notification of this hearing will not be sent to adjoining owners; however,
you may check this website: http://albemarle.org/upload/images/webapps/zoning/for SIGN # 13
to see its status at any time. Alternatively, you may sign up for A-mail by going to
www.albemarle.orq. (Go to the"Department"tab at the top and select County Executive. At the
County Executive's page, you will see"Albemarle County A-mail" by going to the menu on the far
right of the page. It is the last item. Select this item and sign up from there.) If you do not have
internet access, please feel free to contact me by phone at 434/296-5832 x 3270. 1
YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS.
At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or
designee shall erect on the property, subject to the above-referenced application(s), a sign (or
signs) indicating the property is to be subject to public hearing and referencing how to obtain
additional information regarding such hearing. The sign shall be erected within ten (10) feet of
whatever boundary line of such land abuts a public road and shall be so placed as to be clearly
visible from the road. If more than one such road abuts the property, then a sign shall be erected
in the same manner as above for each such abutting road. If no public road abuts thereon, then
signs shall be erected in the same manner as above on at least two boundaries of the property
abutting land not owned by the applicant. The filing of the petition or application'shall be deemed
to grant consent to the Zoning Administrator or designee to enter upon the property and to erect
the signs.
Mr. Gathright
Page 2
October 6, 2017
Upon a finding by the Board of Supervisors that failure to comply with the posting requirements of
this section has denied the public reasonable notice of the public hearing, the Board may defer
action on the petition or application until reasonable notice by posting is given.
The applicant shall exercise due diligence to protect the sign or signs erected, pursuant to section
33.8, from vandalism and theft; maintain the sign or signs in the location or locations in an erect
position as placed by the Zoning Administrator or designee; and ensure that such sign or signs
remain legible. Failure to comply with these responsibilities may be grounds for the Commission
or the Board of Supervisors to defer action on the petition or application until there is reasonable
compliance.
Any sign erected pursuant to section 33.8 shall remain the property of the Board of Supervisors. It
shall be unlawful for any person, except the applicant performing maintenance required by this
section or the zoning administrator or an authorized agent of either, to remove or tamper with any
sign erected pursuant to section 33.8. All such signs shall be removed by the Zoning
Administrator or designee within fifteen (15) days following the Board of Supervisor's final action
on the petition or application or the applicant's withdrawal of the petition or application.
Should you have any questions regarding the procedure for posting of signs, please do not
hesitate to contact the Zoning Administrator.
Sincerely,
JT Newberry
Senior Planner
Planning Division
pF A
Stlllll -
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
DUE TO AN ADVERTISING ERROR THIS PETITION WILL BE DEFERRD TO THE OCTOBER
31 PLANNING COMMISSION MEETING
October 18, 2017
Clark Gathright
100 10St NE Ste 200
Charlottesville,VA 22901
RE: ZMA201600023 Brown Toyota
Dear Mr. Gathright,
This letter is to notify you that your above-referenced petition has been scheduled for public
hearings as follows:
ZMA201600023 Brown Toyota (Sign#13) MAGISTERIAL DISTRICT: Rivanna TAX
MAP/PARCEL: 07800000001400, 078000000014E0 LOCATION: 1357 Richmond Dr. (Rt. 250),
approximately .30 miles east of the Riverbend Drive PROPOSAL: Request to modify the Steep
Slopes Overlay District. This area has been subject to prior grading activity. PETITION: Request
seeks to remove 0.05 acres of Managed slopes and approximately 0.20 acres of Preserved
slopes from the Steep Slope Overlay District and establish a new area of approximately 0.25
acres of Managed slopes, which allows uses under Section 30.7.4 (a). No dwellings proposed.
OVERLAY DISTRICT(S): Steep Slopes; Entrance Corridor
PROFFERS: Yes COMPREHENSIVE PLAN: Commercial Mixed Use—retail, commercial
services, office, hotel/motel/conference facilities, and wholesale uses; Urban Mixed Use—retail,
commercial services, office, and a mix of residential types (6.01 —34 units/acre); and,
Greenspace—undeveloped areas in the Pantops Development Area. POTENTIALLY IN
MONTICELLO VIEWSHED: Yes
This petition will be reviewed and public comment received at the ALBEMARLE COUNTY
PLANNING COMMISSION.MEETING ON TUESDAY, OCTOBER 31, 2017.
The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second
Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. You or your
representative must be present at this meeting; you may call this office during the week of the
meeting to ask the tentative time the item is scheduled on the agenda.
After the Commission has taken action on the proposal, a second public hearing will be
scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening
meeting) or 9:00a.m. (day meeting). You or your representative must be present at this
meeting; A letter of notification of this hearing will not be sent to adjoining owners; however,
you may check this website: http://albemarle.ora/upload/imaqes/webapps/zoning/for SIGN# 13
to see its status at any time. Alternatively, you may sign up for A-mail by going to
www.albemarle.ora. (Go to the"Department" tab at the top and select County Executive. At the
County Executive's page, you will see"Albemarle County A-mail" by going to the menu on the far
right of the page. It is the last item. Select this item and sign up from there.) If you do not have
internet access, please feel free to contact me by phone at 434/296-5832 x 3270.
YOU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS.
At least fifteen (15) days preceding the commission's public hearing, the Zoning Administrator or
designee shall erect on the property, subject to the above-referenced application(s), a sign (or
signs) indicating the property is to be subject to public hearing and referencing how to obtain
additional information regarding such hearing. The sign shall be erected within ten (10) feet of
whatever boundary line of such land abuts a public road and shall be so placed as to be clearly
visible from the road. If more than one such road abuts the property, then a sign shall be erected
in the same manner as above for each such abutting road. If no public road abuts thereon, then
signs shall be erected in the same manner as above on at least two boundaries of the property
abutting land not owned by the applicant. The filing of the petition or application shall be deemed
to grant consent to the Zoning Administrator or designee to enter upon the property and to erect
the signs.
Upon a finding by the Board of Supervisors that failure to comply with the posting requirements of
this section has denied the public reasonable notice of the public hearing, the Board may defer
action on the petition or application until reasonable notice by posting is given.
The applicant shall exercise due diligence to protect the sign or signs erected, pursuant to section
33.8, from vandalism and theft; maintain the sign or signs in the location or locations in an erect
position as placed by the Zoning Administrator or designee; and ensure that such sign or signs
remain legible. Failure to comply with these responsibilities may be grounds for the Commission
or the Board of Supervisors to defer action on the petition or application until there is reasonable
compliance.
Any sign erected pursuant to section 33.8 shall remain the property of the Board of Supervisors. It
shall be unlawful for any person, except the applicant performing maintenance required by this
section or the zoning administrator or an authorized agent of either, to remove or tamper with any
sign erected pursuant to section 33.8. All such signs shall be removed by the Zoning
Administrator or designee within fifteen (15) days following the Board of Supervisor's final action
on the petition or application or the applicant's withdrawal of the petition or application.
Should you have any questions regarding the procedure for posting of signs, please do not
hesitate to contact the Zoning Administrator.
Sincerely,
j1/4.6,4„v‘Ada."
JT Newberry
Senior Planner
Planning Division
<A.a A
riait
< 46,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
DUE TO AN ADVERTISING ERROR THIS PETITION WILL BE DEFERRD TO THE OCTOBER
31 PLANNING COMMISSION MEETING
October 18, 2017
RE: ZMA201600023 Brown Toyota
Dear Sir or Madam:
This letter is to notify you as an adjacent property owner of the above-referenced petition
described as follows:
ZMA201600023 Brown Toyota (Sian#13) MAGISTERIAL DISTRICT: Rivanna TAX
MAP/PARCEL: 07800000001400, 078000000014E0 LOCATION: 1357 Richmond Dr. (Rt. 250),
approximately .30 miles east of the Riverbend Drive PROPOSAL: Request to modify the Steep
Slopes Overlay District. This area has been subject to prior grading activity. PETITION: Request
seeks to remove 0.05 acres of Managed slopes and approximately 0.20 acres of Preserved
slopes from the Steep Slope Overlay District and establish a new area of approximately 0.25
acres of Managed slopes, which allows uses under Section 30.7.4 (a). No dwellings proposed.
OVERLAY DISTRICT(S): Steep Slopes; Entrance Corridor
PROFFERS: Yes COMPREHENSIVE PLAN: Commercial Mixed Use—retail, commercial
services, office, hotel/motel/conference facilities, and wholesale uses; Urban Mixed Use—retail,
commercial services, office, and a mix of residential types (6.01 —34 units/acre); and,
Greenspace—undeveloped areas in the Pantops Development Area. POTENTIALLY IN
MONTICELLO VIEWSHED: Yes
This petition will be reviewed and public comment received at the ALBEMARLE COUNTY
PLANNING COMMISSION MEETING ON TUESDAY, OCTOBER 31, 2017.
The Albemarle County Planning Commission will meet at 6:00 p.m., Lane Auditorium, Second
Floor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. Should you.wish to
attend this meeting, you may call this office during the week of the meeting to ask the tentative
time the item is scheduled on the agenda.
After the Commission has taken action on the proposal, a second public hearing will be
scheduled for the Board of Supervisors. The Board's meeting begins at 6:00 p.m (evening
meeting) or 9:00a.m. (day meeting). A letter of notification of this hearing will not be sent to
adjoining owners; however, you may check this website:
http://albemarle.orq/upload/images/webapps/zoninq/for SIGN # 13 to see its status at any time.
Alternatively, you may sign up for A-mail by going to www.albemarle.orq. (Go to the"Department"
tab at the top and select County Executive. At the County Executive's page, you will see
"Albemarle County A-mail" by going to the menu on the far right of the page. It is the last item.
Select this item and sign up from there.) If you do not have internet access, please feel free to
contact me by phone at 434/296-5832 x 3270.
Should you have any questions regarding this project, please feel free to contact me at the above
noted telephone number or via e-mail at jnewberry@albemarle.org. Should you simply wish to
review file material pertaining to the project, this information is available for review in the
Community Development Department during normal business hours (8 a.m.-5p.m., Mon-Fri). To
assure the information is ready for your viewing and to allow staff to be available to help with any
questions, we encourage you to schedule a viewing time. Please contact me during business
hours to schedule an appointment. While an appointment is not required, we do give priority to
those with appointments. Those without appointments may find the materials are in use by
others and/or staff is not available to help.
Sincerely,
41kg-4AAJ-tm.
JT Newberry
Senior Planner
Planning Division
ABUTTING PROPERTY OWNERS
BUSHEY, WARREN A AND MARY C TRS OF THE WARREN A BUSHEY TRUST
TCO PARTNERS LLC
SANDAV LLC
GUADALAJARA CORPORATION IV
TAP INVESTMENTS LLC
DJCM INVESTMENTS LLC
VIRGINIA'S FIRST FAMILY OF FINE CARS INC C/O BROWN HONDA
LINKOUS, JANICE S
VIRGINIA'S FIRST FAMILY OF FINE CARS INC C/O BROWN HONDA
ALBEMARLE COUNTY SERVICE AUTHORITY
LINKOUS, JANICE S
CARRIAGE HILL ASSOCIATION
Clark Gathright
cc: Clark Gathright
100 10St NE Ste 200
Charlottesville, VA 22901
City Manager
PO Box 911
Charlottesville, VA 22902
File
AFFIDAVIT
October 18, 2017
I, Stephanie L Collier, hereby certify that the attached notification letter was sent on the above
date to those persons listed on said notification. A total of 14 letters were sent(this includes
those listed receiving a copy).
Given under my hand in the County of Albemarle, State of Virginia eighteenth day of October
2017.
Notary Public
My commission expires May 31, 2020
FILE: