HomeMy WebLinkAboutAP201900002 Review Comments No Submittal Type Selected 2019-05-24Lrf2C;l1�ZA
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
ALBEMARLE COUNTY BOARD OF ZONING APPEALS
COUNTY OFFICE BUILDING
401 MCINTIRE ROAD
LANE AUDITORIUM, 2:00 P.M
AGENDA
TUESDAY, JUNE 4, 2019
Call to Order
2. Establish a Quorum
3. Public Hearing:
A. Project Number: AP201900002 Goings/Birdsall TMP 29 — 76
Appellant: Rick and Susan Goings
Subject Property Owner: John H. Birdsall, III, trustee of the
John H. Birdsall III Trust, and Mary Scott Blake Birdsall, trustee
of the Mary Scott Blake Birdsall Trust
Staff: Amelia McCulley
4. Approval of Minutes
A. May 7, 2019
5. Old Business
A. BZA Legal Representation Update
B. BZA Training Information Update
6. New Business
7. Adjournment
BOARD OF ZONING APPEALS MEETING GUIDELINES
Thank you for attending the Board of Zoning Appeals (BZA) meeting. The following information is
provided to help ensure the meeting proceeds as efficiently and effectively as possible. As a courtesy
to others, please turn off all cell phones during the meeting.
General Information:
This meeting is recorded and later transcribed into minutes approved at a later meeting date.
Each item set for public hearing will begin with a presentation of the staff report. Next, the applicant
or appellant for that item will be invited to speak. During the course of the process, the Chairman will
open the public hearing to comments from the public. At the end of these proceedings the Chairman
will announce that the public hearing is closed. Once the public hearing is closed, no further public
comments will be allowed unless the Board asks for additional information from the applicant or
appellant.
The BZA reserves the right to digress from these guidelines in any particular case.
To Members of the Public:
If you wish to address the Board, please raise your hand or stand when the Chairman asks for public
comments for that item. When it is your turn for comment, please come to the microphone and state
your name for the record. For uncommon spellings, please spell your name for the recording
secretary. If you are with a group of people, you may want to have a spokesperson present your
position to the Board.
In order to give all speakers equal treatment and courtesy, the Board requests that speakers adhere
to the following guidelines:
• Come forward to the speaker's podium and state your name;
• Address comments directly to the Board as a whole - open public debate is prohibited;
• State your position and give facts and other data to back it up — keep in mind that there is a 3
minute time limit for public comment;
• Give written statements and other supporting material to the Recording Secretary
(written comments are also welcome if you do not wish to speak).
Additional Guidelines for Applicants and Appellants addressing the Board:
• Please contact staff in Community Development ahead of the meeting to make any necessary
arrangements for your presentation. The Recording Secretary will also need copies of any
handouts __given to the BZA members for the official record of the meetin_q.
• Be clear in stating your position and do not repeat information that has been previously
submitted to the Board.
• Stay on topic by addressing the questions in the application or by responding directly to staffs
determination(s). Focus on presenting facts and data that support your position.
• Keep in mind there is a 15 minute time limit for presentations and a 5 minute time limit for
rebuttal comments. The Board will ask any necessary follow-up questions to clarify points
made during the presentation.
• Understand that the Board of Zoning Appeals cannot change County ordinances.
The BZA reserves the right to place additional time limitations on speakers, as necessary.
Preliminary BZA Packet
For June 4, 2019
Information Submitted
by Staff
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
To: Members of the Board of Zoning Appeals
From: Amelia McCulley, Zoning Administrator
Subject: AP2019-02 Hilliard Estate & Land Management — Cover Memo for
Preliminary Packet
Date: May 13, 2019
Attached you will find a letter from John W. Zunka dated May 8, 2019 regarding Mr.
Goings' Appeal of the Zoning Administrator's Determination of No Zoning Violation by
Hilliard Estate & Land Management (HELM). Mr. Zunka represents HELM. As noted in
Mr. Zunka's letter, this appeal addresses the determination of No Zoning Violation by
Zoning Administrator Amelia McCulley, dated February 14, 2019. This is the sole
subject in question at this appeal.
The letter of determination regarding Hilliard Estate & Land Management as an
agricultural service occupation was issued July 26, 2018 and describes the Zoning
Administrator's findings that the primary services provided by HELM are supportive of
agriculture and agricultural operations. Their work is done on farms and includes the
type of work performed by full-time farm managers. This determination is final and
unappealable at this time.
The appellants filed zoning complaints against HELM at two different locations. Of
these locations, a new building for the HELM equipment and materials storage was
recently built on TMP 29-76 owned by John or Mary Birdsall,111. Zoning investigated
and found that neither the current use nor the structure under construction is in violation
of the Albemarle County Zoning Ordinance.
I would like to emphasize that there are several contentions that are not relevant to this
appeal. Specifically, any questions pertaining to the establishment of an agricultural
service operation within a conservation easement, or the applicable road standards for
such a use, are not properly before the BZA.
Page 2
Memo to Board of Zoning Appeal for Preliminary Packet
AP 2019-02 Hilliard Estate & Land Management
In addition to Mr. Zunka's letter, you will find attached references from the Albemarle
County Code regarding the definition of an agricultural service operation and the Zoning
regulations applicable to its establishment. Please read this information as you review
this appeal.
As part of this preliminary packet, we have also attached the appeal application,
justification and other information submitted by the applicant/appellant.
CC: Richard Deloria, Assistant County Attorney
Appellant
Section 18-3.1 of the Albemarle County Code
Definitions of agriculture, agricultural operation, and
agricultural service operation are attached. The properties
served by Hilliard Estate & Land Management are
agricultural operations.
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 3
DEFINITIONS
Sections:
3.1 DEFINITIONS
3.1 DEFINITIONS
Abattoir: See Slaughterhouse, custom. (Amended 10-3-01)
Accessory apartment: A separate, independent dwelling unit contained within the structure of and
clearly subordinate to a single-family detached dwelling, as distinguished from a duplex or other
two-family dwelling. (Added 8-10-94)
Accessory merchandise: Non-agricultural merchandise that is subordinate and customarily
incidental to the agricultural products sold at a farm sales use or a farmers' market such as pottery,
baskets, canning jars, pumpkin carving kits, wreath making supplies, floral arranging supplies,
garden accessories, hand tools for gardening and handmade crafts. For the purposes of this
definition, farm machinery and equipment (except hand tools), building materials, furniture, and
other similar items are not subordinate merchandise. (Added 5-5-10)
Accessory use, building or structure: A subordinate use, building or structure customarily
incidental to and located upon the same lot occupied by the primary use, building, or structure, and
located upon land zoned to allow the primary use, building or structure; provided that a
subordinate use, building or structure customarily incidental to a primary farm use, building or
structure need not be located upon the same lot occupied by the primary farm use, building, or
structure. (Amended 10-9-02, 5-5-10)
Administrator (Zoning), The: The official charged with the enforcement of the zoning ordinance
pursuant to section 15.2-2286(4) of the Code.
Affordable housing: The term "affordable housing" means safe decent housing where housing
costs do not exceed thirty (30) percent of the gross household income. For purposes of this
definition, "housing costs" for homeowners are principal, interest, real estate taxes, and
homeowner's insurance (PITI), and for tenants are tenant -paid rent and tenant -paid utilities with
the maximum allowances for utilities being those adopted by the county's housing office for the
Housing and Urban Development housing choice voucher program. For purposes of this chapter,
an "affordable unit" is a dwelling unit that meets the definition of affordable housing. (Added 10-
3-07)
Agricultural museum: An establishment operated as a repository or collection of curiosities or
objects of agricultural interest or significance for public display. (Added 12-2-87)
18-3-1
Zoning Supplement #89, 4-8-15
ALBEMARLE COUNTY CODE
Agricultural operation event: An event conducted at, and subordinate to, an agricultural operation
for up to three (3) consecutive days comprised o£ (i) agritourism-related events such as tastings
not conducted in the daily course of agritourism, farm sales, or the sale of agricultural products or
food products; farm -to -table dinners; agricultural festivals; and auctions or livestock shows
pertaining to livestock, animals, or other agricultural products not grown or raised at that
agricultural operation; (ii) events that promote the sale of agricultural or silvicultural products; (iii)
events that promote the sale of food products; (iv) events that are usual and customary at Virginia
agricultural operations; and (v) fundraisers and charity events. (Added 11-12-14)
Agricultural products: Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture,
silvicultural, or other farm crops. (Added l l-12-14)
Agritourism: Any activity carried out at a farm winery, farm brewery, or an agricultural operation,
that allows members of the general public, for recreational, entertainment, or educational
purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical,
cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or
not the participant paid to participate in the activity. These rural activities also include, but are not
limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and
animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to
agriculture or silviculture. (Added 5-5-10; Amended 11-12-14)
Aircraft, light: Aircraft not exceeding twenty-five thousand (25,000) pounds in gross weight.
Alley: A form of vehicular travelway providing access to the rear and/or side lot line of abutting
properties which front along public streets or private roads. An alley is privately owned and
maintained, is intended to be used primarily by the owners and occupants of the abutting
properties and persons and vehicles providing services to those properties, including emergency
services vehicles, and is not intended for through traffic. An alley is neither a "private road" nor
an "access easement," as those terms are defined or used in this chapter and chapter 14. (Added 2-
6-02)
Alteration: Any change in the total floor area, use, adaptability or external appearance of an
existing structure.
Alternative onsite sewage system: A treatment works approved by the Virginia Department of
Health that is not a conventional onsite sewage system and does not result in a point source
discharge. (Added 7-11-12)
Amenity: An area of activity designed principally for, and accessible to, persons residing or
working within a development. Areas of activity may be either indoors or outdoors, including but
not limited to swimming pools and tennis, volleyball and basketball courts. An outdoor area of
activity may be a passive or an active area, including but not limited to playgrounds, pedestrian
paths through natural areas, courtyards, and paved pedestrian areas for gathering. An indoor area
of activity includes, but is not limited to gyms, weight rooms, indoor swimming pools, indoor
18-3-2
Zoning Supplement #89, 4-8-15
Section 18-10.2.1 of the Albemarle County Code
The establishment of agricultural service operations are
permitted by right in the Rural Area. As noted above,
HELM is established as an agricultural service operation
pursuant to the Letter of Determination dated July 26,
2018.
ALBEMARLE COUNTY CODE
compatible with other purposes of this district. Roadside strip development is to be discouraged through
the various design requirements contained herein.
See. 10.2 Permitted uses.
See. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings, including guest cottages and rental of the same; provided that yard,
area and other requirements of section 10.4, conventional development by right, shall be met for each
such use whether or not such use is on an individual lot subject to section 10.3.
2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is maintained and
provided that buildings are located so that each unit could be provided with a lot meeting all other
requirements for detached single-family dwellings except for side yards at the common wall. Other
two-family dwellings shall be permitted provided density is maintained.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
4. Game preserves, wildlife sanctuaries and fishery uses.
5. (Repealed 5-5-10)
6. Water, sewer, energy, communications distribution facilities (reference 5.1.12).
7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home
occupations (reference 5.2A), and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses (reference 5.1.12).
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
11. Veterinary services - off -site treatment only.
13. Divisions of land in accordance with section 10.3.
14. Bed and breakfast (reference 5.1.48).
15. Manufactured homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place a manufactured
home on such property in order to maintain a full-time agricultural employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this
event not to exceed twelve (12) months. The Zoning Administrator shall be authorized to issue
permits in accordance with the intent of this ordinance and shall be authorized to require or seek
any information which he may determine necessary in making a determination of cases "a" and
"b" of the aforementioned uses.
16. Temporary manufactured home in accordance with section 5.7.
18-10-2
Zoning Supp. #105, 1-10-18
Preliminary BZA Packet
For June 4, 2019
Information Submitted by
Zunka, Milnor & Carter, LTD.
ZUNKA, MILNOR & CARTER, LTD.
John W.Zunka
Richard H. Milnor
Richard E. Carter
Jennifer Z. Langley
Elizabeth C. Southall
Ashleigh M. Pivonka
Via email amcculle(a-?albemarle.or�
and U.S. Mail
Amelia McCulley
Director of Zoning, Albemarle County
401 McIntire Road
Charlottesville, VA 22902
Attorneys at Law
414 Park Street
P O Box 1567
Charlottesville VA 22902
Telephone 434-977-0191
Facsimile 434-977-0198
May 8, 2019
Magruder Dent, Jr.
1919-1994
Robert E. Taylor
1906-1998
Re: Response to Mr. Goings' Appeal of Zoning Administrator Determination
of No Zoning Violation by Hilliard Estate & Land Management
Dear Ms. McCulley:
Our office represents Hilliard Estate and Land Management. We have reviewed Attorney
David Thomas' letter to you dated February 4, 2019.
It appears that Mr. Thomas takes issue with the Letter of Determination that you issued July
26, 2018. While we take exception to many of the allegations in Mr. Thomas' letter, it is not necessary
for us to debate his assertions. The fact is, the letter of determination was given, the appeal period
has run, and there is no further legal argument that can be made on the matter. Based on the Letter of
Determination, Mr. Hilliard continued to operate his business in the manner in which it was operated
prior to the Letter of Determination. He has operated within the bounds of the Albemarle County
Zoning Ordinance and will continue to do so.
We attach as Exhibit A photographs of Hilliard Estate and Land Management projects in this
area as an introduction to the BZA as to the type of work HELM does and the type of equipment used
in that work. We also attach as Exhibit B an email from Edward J. ("Ned") Kelly, III of Midway
Farm, LLC explaining the role of HELM with Mr. Kelly and his wife Carita in the management of
Midway Farm. Further, attached as Exhibit C is a letter authored by Fred W. Scott, Jr. sharing his 50
year involvement in Albemarle County agriculture and with HELM.
Amelia McCulley
May 8, 2019
Page 2
We share the photographs, Mr. Kelly's email, and Mr. Scott's letter not for the purpose of
reconsideration of the Letter of Determination of July 26, 2018, because that Letter of Determination
is final and non -appealable. This information is provided to the BZA by way of introduction of the
services HELM performs as an agricultural services company.
We urge the BZA to uphold the findings of the Zoning Administrator that there has been no
zoning violations by HELM.
The Zoning Administrator has passed on to Mr. Goings' lawyer the names of other entities to
whom Attorney Thomas' complaints on behalf of the Goings may be directed, and those complaints
are not properly before the BZA.
Respect
�(7 4
Richard E. Carter
Attachments
HILLIARD ESTATE & LAND MANAGEMENT
PROJECT PICTURES
2016 — PRESENT
vineyard trellis installation in Free Union (1 of 2)
vineyara trews ►nstallat►on in Free Union (2 of 2)
EXHIBIT
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Vineyard trellis installation in Crozet (1 of 2).
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Vineyard trellis installation in Crozet (2 of 2).
t.,�'t� :E Mi��ATia[YliY1R3"•s wl e� T�'�c'_� �. �.At.M>.'4.'�5.�
Bundoran Farm: mowing & maintenance, deer fence bordering orchard also built by HELM (2 of
4).
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Full farm mow in White Hall — Main house, equestrian facility, horse paddocks.
Reclamation work on a farm in Esmont. Cleared out early successional growth and invasive
species, cleared trees off of backside of dam (1 of 2).
pwo—
ZAP
Reseeding and erosion control after the dam was cleared (2 of 2).
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Pasture fencing in White Hall.
Clearing Autumn Olive and invasive trees on a farm in Crozet.
Planting warm season grasses on a farm Free Union (1 of 2).
Planting warm season grasses on a farm in Free Union (2 of 2).
Warm season grass meadow on farm in Greene County (1 yr after planting).
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HELM equipment being prepared to plant sunflowers on a farm in Crozet.
Planting sunflowers in Keswick
Sunflower field on farm in Keswick
Soybeans being planted in Greene County through Winter Wheat.
Thinning pines and early successional growth on a farm in Free Union
Soil profiling for a potential vineyard site.
Autumn Olive / and early succession removal project on a farm in Western Albemarle.
r
Building a new interior farm road to connect two properties in Keswick.
Renovated interior farm road and replaced culvert on a farm in Western Albemarle.
Pasture clearing project in Keswick (pasture design, seeding, and fencing completed by HEL".
Stretching 8, 000' of woven wire on a Thomas Jefferson Soil & Water Conservation fencing
project.
Rebuilding over 5, 000 ft of pasture fencing for new equestrian facility in Esmont (1 of 2).
�ii
Rebuilding over 5,000 ft of pasture fencing for new equestrian facility in Esmont (2 of 2).
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River restoration project on the South River. In 2018, the river laterally migrated 20-30 feet, eroding
into an agricultural field. Resource Environmental Solutions engineered and permitted the project,
and HELM completed all restoration work. The old river channel was restored and the river bank was
rebuilt in its pre -erosion location, utilizing a series of J-hooks and soil lifts.
Staging equipment and materials on -site before beginning soil lifts (1 of 5).
law
Staking bio-engineering fabric for soil lift (2 of 5).
Restoring old river channel — setting 1-Hook to stabilize bank and prevent future channel
migration (3 of 5).
After — April 2019, 2 months after project completion (5 of 5).
John Zunka
From: Edward J. Kelly III <ejkellyiii@gmail.com>
Sent: Tuesday, May 07, 2019 4:27 PM
To: John Zunka
Cc: carter@hilliardmanagement.com
Subject: BZA Submission
John. Carter Hilliard has let me know about the proceeding before the BZA and has asked me to provide you with a
description of what Hilliard Estate and Land Management ("HELM") does for us here at Midway Farm. I am happy for
you and Carter to use this in whatever way you deem appropriate.
As you know, my wife Carita and I bought Midway in 1997 and owned it continuously until 2012 when in connection
with a gift transaction involving our children we formed Midway Farm LLC. Midway Farm LLC is owned by trusts for our
children, but I am the Manager of the LLC and my wife Carita is the trustee of each of the trusts.
HELM has been immensely helpful to us in the management of Midway. The vast majority of the land is cleared and
HELM has cleared more of it over the years. We keep all of the fields and the paddocks for our horses closely -mown and
HELM does that for us, while saving us the expense of having our own machinery and employees. Moreover, HELM helps
us to monitor and maintain the turf in the paddocks. HELM also has installed new fencing for us and maintained the
existing fencing both through necessary repairs and painting. In addition, HELM has assisted us with clean-up from storm
damage to trees and clearing roads of snow. In short, what formerly required us to employ the services of several
different people and organizations is now consolidated with HELM as it assists us in doing our best to maintain Midway
to high standards.
Owning and maintaining a farm is not an easy task. HELM has made it easier for us and for that we are grateful. I would
add that HELM is both efficient and remarkably responsive which makes its services to us all the more valuable.
I hope this is helpful. Please let me know should you have any questions or if there is anything else I can do.
Best.
Edward J ("Ned") Kelly, III
Manager
Midway Farm LLC
2600 Ridge Road
Charlottesville, Virginia 22901
Sent from my iPad
EXHIBIT
FREDERIC WILLIAM SCOTT, JR.
BALLYSHANNON - 5440 BALLYSHANNON LANE
NORTH GARDEN, VIRGINIA 22959
May 8, 2019
To: Albemarle County Board of Zoning Appeals
Re: June 5 Agenda "HELM/Carter Hilliard"
Carter Hilliard owns and runs the finest agricultural service business I have known during my
fifty-year involvement in Albemarle agriculture. He provides "custom farming services" at a
level, and in a manner, we rarely see. He's well capitalized, has fine, well -maintained,
equipment that's appropriate to his clientele. His custom services are his primary business and
his outstanding crews (I personally know many of these men) are good and honest people who
are a pleasure for me to see doing productive work. I occasionally get to chat with them as they
work nearby at Bundoran, where I live.
"Custom farming" has been a tradition here in Albemarle for many decades. As Albemarle has
become more populated, it has come as no surprise to me to see such a specialized business
emerge. My father, and then I, operated Bundoran Farm from 1940 until I sold it in 2005. For 65
years —when our own equipment was idle —we provided similar custom farming services to
our neighbors (their tractors may have broken down, or they didn't own the right mower, etc.)
and it made good economic sense to do so. It still does. As tractors and implements rose in price
(the rig you see working can easily be worth $100,000 or more) the full-time use of equipment
became more and more important. An idle machine is a money -loser, so we all —farmers and
stockmen —tried to keep our machines and crews busy. It just makes good business sense.
When I served on several County commissions and study groups —tasked with thinking about
the future of our rural enterprises —about twenty years ago, we discussed the increasingly
likelihood that a team such as HELM would eventually appear. This is a very good eventuality.
The farms today are more tidy, safer, and the overall efficiency of the combined enterprises
simply has to have been increased. There are plenty of farmers now who rely on HELM for their
massively costly large tractors and own ... not a one. Smart. In the Midwest, this is a perfectly
normal operating model, actually more common than not.
Every farmer is a commercial operator —in business to make a profit just as is HELM. As soon
as the economic incentive to prosper is removed, the enterprise is likely to fail. We don't need
failing agricultural enterprises.
We need profitable farms, and a service business like HELM plays a big part in maintaining that
economic sustainability. It's very good for Albemarle that HELM is among us. I gather that this
appeal is because "HELM is a landscaper." Not true. A byproduct of proper agricultural
activities is, indeed, a neat and attractive landscape, but Carter Hilliard is no more a landscape
contractor than I am the King of England.
I have recommended HELM to many neighbors, and a goodly number have hired them. HELM
is an outstanding team of hardworking people and they are completely trustworthy. The HELM
crews occasionally store their equipment overnight in my sheds here at Bundoran so I see them
frequently. I trust them all. When their leader... Carter Hilliard... tells me something, I can "take
it to the bank."
Most sincerely,���
Fred W. Scott, Jr. /►' V✓
HOME (434)293.9221 OFFICE (434)295.4188 CELL (434)953.5257 FSCOTT®B
EXHIBIT
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Preliminary BZA Packet
For June 4, 2019
Information Submitted by
Applicant
i i ml
4Jb arJ County f CammunityDeve iIIe,V 229D2- 596
! ! / 1 Va
e
- 4; s rn.
ce (434) 296-5832 Flax: (4434) 9i2 6
3lanniing Application
PARCEL
OWNER INFORMATION
TMP
02900-00-00-07600 Owner(s);
BIRDSALL, JOHN H III & MARY SCOTT BLAKE, TR
Application # AP201 904. 00. 2
PROPERTY INFORMATION
Legal description ACREAG E I U M PI N G BRANCH FARM
Magisterial Dist. Jack Jouett Land Use Primary Residential -- Single-family (incl. modular home-5
Current AFO Moorman's River Current Zoning Primary Rural Areas
APPLIEATION INFORMATION.
Street Address 2335 GARTH LN CHARLOTTESVILLE, 22901 Entered By
Buck Smith
Application Type Appeal of Zoning Administrator's Determination 3{18{2019
Project APPEAL OF LOD 20180008
Received Date 03115/ 19 Received date Final Submittal Date 03J18 f 19 Total Fees �_�9
Closing File Date Submittal Date Final Total Paid 693
Revision Number
Comments
t
Legal Ad
AP24191 9GG2 Gaings{Birdsall TMP 29 - 76
APPELLANT: Rickand Susan Goings
SUBJECT PROPERTY: (PARCEL ID: D29DD-0D-DD-D76DD, Acreage: 217.33acres) is owned by John H. Bird sell,lll, trustee of the John
H. Birdsall III Trust, and Mary Scott Blake Birdsall, trustee of the Mary Scott Blake Birdsall Trust, and is located atIurnping Branch
Farm, 3214 Free Union Road.
ZONING: Rural Areas (RA)
ENTRANCE CORRIDOR: Na
OVERLAY DISTRICT: Agricultural/Forestal District Flood Hazard Overlay District
COMPREHENSIVE PLAN: Camp Plan Area designation of Rural Area 1. Camp Plan Land Use - Primary designation of Rural Area.
SUB APPLICATION(s)
Type Sub APPlicatio Comment
APPLICANT I CONTACT INFORMATION
Contac Type Name Address CityState Zip Phone PhaneCell
onncrJ.4pplice rt [ HILLIARD, LANDON III OR MARY MYERS H i 2335 GARTH LANE i CHARLOTTESVILL i 22901
;................................................................................................... ;...... ;....... ;...;................................
............... ..... ....................... ...... ..... .............. ..... ................... ..... .............. ..... ..... ..... .............. ..... ..... .......... .... ...................... ..................................
P*na ry Contact DAVID W. TH0MAS, E S Q 500 COURT SQUARE., SUITE CHARLOTTE SVILL 22902 4349517224
_
............................................. .............................................................................. . .............................................. ............................. .................................. :................................
dppirerrt RICK and SUSAN GOINGS 1405 EAGLE HILL FARM CHARLOTTE5YILL 22901
........................................... n......................................................................................................... n.............................................................................. n.............................................. n............................. .................................. ................................;
FOR OFFICE USE ONLY AP # _ ) j 7 E,C1 G O SIGN #
ZONING ORDINANCE SECTION:
z ,�
Fee Am ✓ Amount S d�0 Date Paid who'? _"L G� l Ejfle( Receipt # Ck# /:��/ By:.
A 1 • �s r— _
`xFF11L%-aL1V11 lul
Appeal of Zoning Administrator's Determination
0 Appeal of Zoning Administrator's Determination = $258
FEES to be paid after staff review for public notice:
[Appeals
of the Zoning Administrator require a public hearing by the Board of Zoning Appeals.
irginia State Code requires that notice for public hearings be made by publishing a legal
advertisement in the newspaper and by mailing letters to adjacent property owners.
The total fee for public notice will be provided to the applicant after the final cost is determined and
must be paid before the application is heard by a public body. Staff estimates the total cost of legal
advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects
the average cost of public notice fees, but the cost of certain applications may be higher.
➢ Preparing and mailing or delivering up to fifty (50) notices
$2 i 5
➢ Preparing and mailing or delivering each notice after fifty (50)
$1.08 for each additional notice + actual
cost of first-class postage
➢ Legal advertisement (published twice in the newspaper for each public
Actual cost
hearing)
(averages between $150 and $250)
Contact Person (Who should we call/write concerning this project?): David W. Thomas, Esq.
Address 500 Court Square, Suite 300 C�t Charlottesville %/
Daytime Phone (434 ) 951-7224
Owner of Record Birdsall, John H III &
Address 3214 Free Union Road
y State A Zip 22902
Fax # (434 ) 951-7244 E-mail dthomas@michiehamlett.com
y Scott Blake, TR
City Charlottesville
Daytime Phone ( ) Fax # () E-mail
Applicant (Who is the Contact person representing?): Goings, Rick and Susan
1405 E
State VA Zip 22901
Address agle Hill Farm City Charlottesville State VA
Zip 22901
Daytime Phone ( ) Fax # () E-mail
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
Revised 11/1/2015 Page 1 of
Project Name: Zoning Administrator determination re Hilliard Estate and Land Ma
Tax map and parcel: 02900-00-00-07600
Physical Street Address (if assigned):
Location of property (landmarks, intersections, or other):
Zoning: Rural
ent
The following information shall be submitted with the application and is to be provided by the applicant:
1) Completed application including subject of appeal.
2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to
provide this information or submit an attached sheet.
3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat.
4) If applicable, the appropriate drawings showing all existing and proposed improvelnents on the property and any special conditions
for the situation that may justify the appeal.
5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal.
6) Appropriate fee made payable to the County of Albemarle.
Explanation of error in determination and justification of applicant's position:
See attachment and exhibits thereto
Owner/Applicant Must Read and Sign
I hereby certify that the information provided on this application and accompanying information is accurate, true
and correct to the best of my knowledge and belief.
Signature of Owner or Contract Purchaser, Agent
David W. Thomas,
Print Name
Date: 3/15/19
434-951-7224
Daytime phone number of Signatory
Board of Zoning Appeals Action/vote:
Board of Zoning Appeals Chairman's signature: Date:
Revised 11/1/2015 Page 2 of 2
JOHN V, LITTLE
Of Counsel
DAMES P. COX, III
EDWARD B. LOWRY
M. BRYAN SLAUGHTER (VA, WV)
1. GREGORY WEBB IVA, WV)it
>�
RONALD R. TWEEL
R. LEE LIVINGSTON
Retired
DAVID W. THOMAS (VA, DC)
THOMAS J. MICHIE
E. KYLE MCNE W
JASON P. SEIDEN
, .'. ,
LEROYCHR S NE THOMSON
JORDAN E. MCKAY (VA, DC)
ELIZABETHIP. CO GHTER
LISA S. BROOK
;(
1�1(C.1'lll'.l Lt lA eMI.l;11
GARY W. KENDALL
ELLEN C. BOGNAR (VA, FL)
ATTQRNFSI'S AT La1W'
EDWARD R. SLAUGHTER, IR
BRITTANI L. LEMONDS
AMY J. INGE
500 COURT SQUARE, SUITE 300 ■ P.O. Box 298
BRUCE D. RASMUSSEN
(1946-2004)
CHARLOTTESVILLE, VIRGINIA 22902-0298
www.michiehanilett.com
TELEPHONE: 434-951-7200 FACSIMILE: 434-951-7218
DIRECT DIAL: 434-951-7239 DIRECTFAx: 434-951-7259 Iri(�ld�intii-.nichi 1>arnlettcc�ir
VIA HAND DELIVERY
March 15, 2019
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Re: Application for Appeal of Zoning Administrator's Determination
Dear Sir or Madam,
On behalf of David W. Thomas, please find enclosed an Application for Appeal of
Zoning Administrator's Determination along with a check in the amount of $258 for the filing
fee.
Sincerely,
Matthew JZBdwin
Paralegal
Encls.
C: Client (via email w/encls.)
ED W ARD B. LO WRY
Qf COurtsei
RONALD R. TWEEL
EDWARD R. SLAUGHTER, JR.
JOHN V. LITTLE
JAMES P. COX, III
�•��
Retired
M. BRYAN SLAUGHTER (VA, WV)
{r% .
rl
THOMAS J. MICHIE
1. GREGORY WEBB (VA, WV)
p, 4 �
LEROY R. HAMLETT, JR,
R. LEE LIVINGSTON
ad
CHRISTINE THOMSON
DAVID W. THOMAS (VA, DC)
. . ,
ELIZABETH P. COUGHTER
E. KYLE McNEW
GARY W. KENDALL
JASON P. SEIDEN
M 1CF111:I-I A Mll,1Tr
JORDAN E. MCKAY (VA, DC)
ATTORNEYS AT LAW
BRUCE D. RASMUSSEN
LISA S. BROOK
(1946-2004)
ELLEN C. BOGNAR (VA, FL)
BRITTANI L. LEMONDS
500 COURT SQUARE, SUITE 300 ■ P.O. BOX 298
AMY J INGE
CHARLOTTESVILLE, VIRGINIA 22902-0298
www.michiehamlett.com
TELEPHONE: 434-951-7200 FACSIMILE: 434-951-7218
DIRECT DIAL: 434-951-7222 DIRECT FAx: 434-951-7242 dLhOlnas(a'!niicliiehamlett..conl
.._...__................-............_.... _......._.__...__........
Explanation of error in determination and justification of applicant's position:
On or about June 26, 2018, H. Carter Hilliard filed an Application for Official Letter of
Determination ("LOD"). That application included a single page letter from Mr. Hilliard in
which he self -reported his business as one "focused on serving mid to larger sized farms". In
issuing the requested LOD, the entirety of the review process was:
1. On June 25, 2018 (before the application was filed) the Zoning Administrator and Lea
Brumfield met with Mr. Hilliard, presumably to discuss his coming application and
what needed to be included;
2. Hilliard Estate and Land Management's ("HELM") website was reviewed by Ms.
Brumfield; and
3. A draft of the determination letter was prepared after Ms. Brumfield was able to
"find" a classification that would allow her to grant this business the right to operate
in the rural area.
Unless documents were improperly withheld under FOIA, that was all of the initial
"investigation"/review of HELM's requested determination. Notably absent was any financial
information about the work being done by HELM, its sources of revenue, customer base, etc. —
all of the data that would indicate what HELM's actual business was, as opposed to what it self -
interestedly reported it to be.
The Zoning Department subsequently received three separate complaints regarding
HELM's actual (as opposed to described) business activities. On January 7, 2019, Ashlee
Henshaw visited the property, but apparently only viewed the building itself — her notes reflect
no investigation as to the actual use. Ms. Henshaw made a second visit, but again merely viewed
the building itself, noting "definitely a farm building." While she spoke with Mr. Hilliard and
viewed one tractor onsite, she does not appeared to have investigated how the property was
actually being used.
When Rick Goings raised his concerns directly with the Zoning Administrator, department
staff conducted an announced inspection of Mr. Hilliard's business on or about Wednesday,
January 30. With the advance warning, Mr. Hilliard arranged for a number of pieces of farm
equipment, which he does not own, to be on -site to satisfy the County that his business is
primarily for farm service (as opposed to landscaping). Nothing in the County's records indicate
that staff checked the ownership of the equipment in question, allowing Mr. Hilliard to present
his intended fagade without consequence.
Thereafter, anu having done nothing to verify the mix of HELM's business except speak
with Mr. Hilliard, the Zoning Administrator responded to the first complainant by declaring on
February 1, 2019 that "[t]his business (HELM) primarily serves farms. Any residential service
use is subordinate." At the time she made this statement, the Zoning Administrator had no
independent evidence this was true.
The undersigned separately raised concerns directly with the Zoning Administrator, and
asked that a neutral, unannounced investigation occur. This would specifically include some
review of HELM's sources of revenue, to check whether a substantial portion of his revenue in
fact derives from residential from landscaping activities. Based on a second FOIA issued prior to
this appeal, no such investigation was done.
However, less than 2 hours after receiving this letter, the Zoning Administrator had shared
it directly with Mr. Hilliard. The Zoning Administrator then shared her response letter with Mr.
Hilliard before she sent it out. This lends some credence to Mr. Hilliard's belief that the Zoning
department would take his side, as he previously emailed the Zoning Administrator to "make
sure... that the County will stand behind me[.]"
When the Zoning Administrator issued her February 14, 2018 letter that HELM's business
was an agricultural service operation (as opposed to residential landscaping), it was based on
HELM's reported use and a cursory, pre -announced inspection of the property. Despite repeated
urgings by multiple parties, the Zoning Administrator declined to review (or even ask for)
HELM's actual revenue figures or review the actual use taking place over any period of time.
Shortly after the LOD was issued, on July 27, 2018 the Zoning Administrator wrote "[i]t's also
good to see a true agricultural service occupation and not another landscaper trying to be
consider one." Apparently determined not to change her mind, the Zoning Administrator
declined to do any investigation that might force her to do so.
While the Zoning Adminstrator's decision is normally entitled to a presumption of
correctness under the County Code, the decision must still be based on actual facts, otherwise it
is merely the Zoning Administrator's unsupported opinion. Here, the Zoning Administrator's
determination is incorrect, and should be reversed — HELM is not an agricultural service
operation, but instead a landscaping business with an agricultural facade.
Attachments: July 26, 2018 Letter of Determination to HELM
February 5, 2019 Letter from Thomas to McCulley
February 14, 2019 Letter from McCulley to Thomas
/fi5'iLti?
County of Albemarle
Department of Community Development
July 26, 2018
Mr. H Carter Hilliard
Hilliard Estate & Land Management, LLC
2315 Garth Lane
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION OF USE - Hilliard Estate & Land Management as Agricultural
Service Occupation (LOD 2018-08)
Mr. Hilliard,
Based on your request, staff examined the County's ordinance and previously approved agricultural
service occupation uses. In consultation with the County Attorney's Office, we have determined that
Hilliard Estate and Land Management (HELM) as described in your application's cover letter classifies
as an agricultural service occupation use.
Agricultural Service Occupation Use
County Code § 18-10.2.1(12) now permits agricultural service occupations as a by -right use in the
Rural Areas district, subject to the performance standards in County Code § 18-4.14. An agricultural
service occupation is defined in County Code § 18-3.1 as:
Agricultural service occupation: An occupation in which skill and expertise in some
agriculturally related field are applied to the service of others engaged in agriculture; provided
that sales of goods shall be limited to those incidental to the performing of a service.
Previous approvals for agricultural service occupations include a harness and farrier shop
(SP19780004) and an equine veterinary (SP197800011), prior to allowance of agricultural service
operations as by right uses in the Rural Areas. These two prior uses directly served and were only
applicable to those involved in agriculture. The Zoning Ordinance definition of agriculture includes "the
keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry
qualifies as an agricultural operation." A blacksmithing business (SP198500059) was determined to be
a by right agricultural service occupation in 1990, following a zoning text amendment allowing
agricultural service occupations as by right uses in the Rural Areas district.
Hilliard Estate & Land Management Services
Described A ricL t irai Services
The uses performed by Hilliard Estate & Land Management Services as described in your application
include: "bush hogging, tractor work, custom farming, pasture renovation & maintenance, landscape
maintenance & mowing of entire farms, fencing, and other farm & land management related activities."
With the exception of landscape maintenance, these described activities are directly related to
agriculture and the preservation of agricultural lands. The uses are similarly described in advertising
on the applicant's website at http:Hhilliardmanagement.com/, as accessed on July 25, 2018,
July 26. 2018
Use Determination - HELM as Agricultural Service Operation
Page 2
Incidental Novi-AgrlCUItural Services
Landscape maintenance, as described in the business activities of Hilliard Estate & Land
Management, may in some cases not directly pertain to agricultural operations, While the landscape
maintenance described in your application is performed primarily on properties engaged in agricultural
operations, landscape maintenance in general may be classified under "Home and business services
such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance
services," as described in County Code § 18-24.2.1(17). Additionally, you previously described
performing landscape maintenance on residential parcels for clients of your agricultural services. This
use is not directly related to agriculture, and is not a by -right use of Rural Areas properties.
However, due to its limited scope in the larger business operations of Hilliard Estate & Land
Management, landscape maintenance may be considered an incidental use accessory to the
business. The accessory use of landscape maintenance on non-agricultural properties, whether in the
Rural Areas or in Residentially Zoned Districts, must remain in proportion to the agricultural support
services provided by HELM. If this proportion changes significantly, the business will no longer be
classified as an agricultural service operation.
Summary
The nature of Hilliard Estate & Land Management is largely in support of agricultural operations and
the preservation of agricultural lands. As described in your application cover letter, with minimal non-
agricultural accessory landscape management services, Hilliard Estate & Land Management is
determined to be an agricultural service occupation, and a by -right use in the Rural Areas district. The
agricultural service occupations described in your letter are by right uses on all Rural Areas and
Monticello Historic District zoned parcels, and are allowed by special use permit on Village Residential
parcels.
You may have a right to appeal this determination within 30 days of this notice, in accordance with
Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and
unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of
$240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www.albernAgtRf Lcdapps. This form applies to appeals of decisions of the zoning administrator or
any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in
Albemarle County Code § 18-34.3, which may be reviewed online at
w,n+w.albemarle.or !count _codebza.
Sincerely,
Amelia McCulley, A.I.C.P.
Zoning Administrator
EDWARDB LOWRY
RONALD R. TWE'EL
JOHN V LITTLE
LAMES P COX, III
M BRYAN SLAUGHTER (VA, WV)
1 GREGORY WEBB(VA, WV)
R LEE LIVINGSTON
DAVID W THOMAS (VA, DC)
E KYLE MCNEW
JASON P. SEIDEN
JORDAN E MCKAY (VA, DC)
L.ISA S BROOK
ELLEN C BOGNAR (VA, FL)
BRITTANI L LEMONDS
AMY 1 INGE
OjCaueel
EDWARD R. SLAUGHTER, JR.
.�••.
Rew,d
THOMAS 1. MICHIE
.'. ,
LEROY R HAMLETT, JR.
CH ETH 1E THOMSON
ELIZABETH P. COUGHTER
N1►<:t►1Fi-lA�4t.l: rr
GARY W, KENDALL
-1-1ORNFYS AF LAW
BRUCE D RASMUSSEN
(1946-2004)
500 COURT SQUARE, SUITE 300 • P.O. BOX 298
CHARLOTTESVILLE, VIRGINIA 22902-0298
www. michieham►ettxom
TELEPHONE: 434-951-7200 FACSIMILE: 434-951-7218
DIRECT DIAL: 434-951-7222
VIA U.S. MAIL and E-MAIL
Amelia McCulley
Director of Zoning, Albemarle County
401 McIntire Road
Charlottesville, VA 22902
DIRECT FAX: 434-951-7242 ddx__nn 5ta ruic_hichamlett a)m
February 4, 2019
Re: Letter of Determination - Hilliard Estate & Land Management
Ms. McCulley,
Thank you for your email to Rick Goings on Friday, February 1. I know you are aware of
the neighborhood's concern regarding the business being operated by Mr. Hilliard and Hilliard
Estate and Land Management ("HELM") on Free Union Road, including the complaint recently
filed by Joan Payne -Currier. The purpose of the FOIA I submitted last week and this follow-up is
to try and gain an understanding of how the County issued the Letter of Determination it did —
what was reviewed, what information did the County have, what investigation was done, etc.
Based on the documents provided by the County, on or about June 26, 2018, H. Carter
Hilliard filed an Application for Official Letter of Determination for HELM. That application
included only a single page letter from Mr. Hilliard in which he self -reported his business as one
"focused on serving mid to larger sized farms". I'm assuming Mr. Hilliard did not report that his
revenue comes primarily from doing landscaping services for those farms.
It appears that Mr. Hilliard may have misrepresented the nature of his business in order to
obtain the LOD. A look at the HELM website today suggests that the business consists of
"Consulting", "Wildlife Habitat", "Management Services", and "Fencing".' One has to hover
over "Management Services" to locate "Landscaping Services", which appears near the bottom
of the drop down menu. However, in the months leading up to HELM's application,
"Landscaping Services" was featured on the banner itself and appeared on the front page of the
website.' There is no plausible reason that HELM would take "Landscaping Services" off the
banner other than to obfuscate.
In advance of this application, on June 25, 2018 Mr. Hilliard met with you and Lea
Brumfield, presumably to discuss his coming application and what needed to be included.
r https:Hhilliardmanagement.com
2 https://web.archive.org/we b/20170123044229/http://hilliardmanagement com/, which archived the website as
it appeared on January 23, 2017.
Thereafter, the email correspondence is entirely silent on what investigation, if any, was done.
The County's files (at least what was provided to me) don't contain any financial information
about the work being done by Hilliard Estate and Land Management, its sources of revenue,
customer base, or anything else. It appears instead that the application was accepted at face
value, Hilliard Estate and Land Management's website was looked at by Ms. Brumfield, and a
draft of the letter prepared after Ms. Brumfield was able to "find" a classification that would
allow her to grant this business the right to operate in the rural area.
After Mr. Goings became concerned about the scope of Hilliard Estate and Land
Management's operations, he reached out to Mr. Hilliard. On January 7, 2019, Mr. Hilliard
emailed you in an attempt to prejudice your office against Mr. Goings, going so far as to
characterize Mr. Goings email as "aggressive," and falsely claiming to be "anxious and nervous"
because of an email received from a retired neighbor. His email to you also includes his
statement that he "just want[s] to make sure... that the County will stand behind me," apparently
based on his prior interactions with County staff.
It is my understanding that you (or staff persons from your office) conducted an announced
inspection of Mr. Hilliard's business on Wednesday, January 30. I say "announced" because it is
my information that, aware of the pending inspection, Mr. Hilliard arranged for a number of
pieces of farm equipment, which he does not own, to be on -site to satisfy the County that his
business is primarily for farm service (as opposed to landscaping). I'm guessing that the
inspection did not include checking ownership of the equipment viewed, which allowed Mr.
Hilliard to falsely depict the true nature of his business.
Between the attempts by Ms. Brumfield to find "agricultural service occupations in home
occs" (of which even you were unaware) and the subsequent correspondence by Mr. Hilliard, it
appears that the County is "'playing favorites". Assuming this is not true and just the unfortunate
implication of the prior correspondence, a true investigation would go a long way to assuaging
any concerns.
The bottom line is that I don't understand how the County could have issued the
determination it did without some review of Hilliard Estate and Land Management's finances to
gain even a cursory understanding of the sources (and percentages) of revenue. Based on
anecdotal evidence, a substantial portion of his revenue comes from landscaping activities, but at
this time I don't have subpoena power to confirm or refute that evidence.
By contrast, the County does have the ability to insist that Hilliard Estate and Land
Management and Mr. Hilliard provide such information or face revocation of the Letter of
Determination. To ensure that Mr. Hilliard is not abusing the system to operate an illegitimate
business in the rural area, I would ask that you do so immediately.
14
Sinceribly,
David W. Thomas, Esq.
Diantha McKeel (by email to dmckcel%ci,.albemarle.orc w/o enclosures)
Greg Kamptner, Esq. (by email ukainpLner'rl?Wbemarle.or w/ enclosures)
Clients (via email, w/ enclosures)
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F
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
February 14, 2019
David W. Thomas, Esq
Michie Hamlett Attorneys at Law
P.O. Box 298
Charlottesville, VA 22902-0298
Re: Hilliard Estate & Land Management
Parcel 29-76 (3214 Free Union Road)
Dear Mr. Thomas,
Fax (434) 972-4126
Thank you for your letter of February 4. You questioned both the County's letter of
determination LOD 2018-08 (issued prospectively) regarding the above -named Subject
Property, and the Subject Property's subsequent compliance with the Zoning
Ordinance.
Like any prospective use determination, LOD 2018-08 was based on and limited to a
hypothetical set of described facts. in preparing prospective use determinations, the
County does not investigate the actual uses then occurring on a property, but instead
determines whether certain use(s), as described, would be permitted. Please note the
repeated references to "described" uses highlighted in the attached determination letter.
As a result, I stand by that original use determination, which is already final and
unappealable.
Furthermore, we have fully investigated Mr. Goings' subsequent e-mailed complaints
alleging zoning violations on the Subject Property. As noted in my prior e-mail to Mr.
Goings (attached), based on recent inspections of the Subject Property and the
evidence available, it is my determination that neither the current use nor the structure
currently under construction is in violation of the Albemarle County Zoning
Ordinance. The use has been approved as an agricultural service occupation, a use
permitted by -right in the Rural Areas zoning district.
Because Mr. Goings' complaints relate also to other agencies and organizations, I am
providing their contact information. Concerns about the entrance onto the public road
are handled by the Virginia Department of Transportation. This concern can be
discussed with Willis Bedsaul at willis.bedsaulCa.vdot.virginia.gov (Ph# 434-422-9866
Cell# 540-219-5492).
Concerns about compliance with the terms and conditions of the Virginia Outdoor
Foundations (VOF) easement can be addressed directly with VOF, whose contact is
Sherry Buttrick, Assistant Director of Easements, 434-293-
3423, sbuttrickCcD-vofonline.org
Anyone aggrieved by this determination may appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § '15.2-2311. Any determination not so
appealed is final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance Section 34.3 of the
Zoning Ordinance, along with a fee of $258 plus the actual cost of advertising the
appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www.albemarle.org/cdapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to Zoning Appeals may be found in Section 34.3 of the Zoning
Ordinance, available online at www.albemarle.org/countycodebza.
If you have additional questions, please do not hesitate to contact me.
Sincerely,
04WI
r
L
Amelia G. McCulley, A.I.C.P.
Zoning Administrator
Cc: John H Birdsall, III & Mary Scott Blake Birdsall, Trustees
Mr. H. Carter Hilliard
County of Albemarle
Department of Community Development
July 26, 2018
Mr. H. Carter Hilliard
Hilliard Estate & Land Management, LLC
2315 Garth Lane
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION OF USE - Hilliard Estate & Land Management as Agricultural
Service Occupation (LOD 2018-08)
Mr. Hilliard,
Based on your request, staff examined the County's ordinance and previously approved agricultural
service occupation uses. In consultation with the County Attorney's Office, we have determined that
Hilliard Estate and Land Management (HELM) as described in your application's cover letter classifies
as an agricultural service occupation use.
Agricultural Service Occupation Use
County Code § 18-10.2 1(12) now permits agricultural service occupations as a by -right use in the
Rural Areas district, subject to the performance standards in County Code § 18-4.14. An agricultural
service occupation is defined in County Code § 18-3.1 as:
Agricultural service occupation: An occupation in which skill and expertise in some
agriculturally related field are applied to the service of others engaged in agriculture; provided
that sales of goods shall be limited to those incidental to the performing of a service.
Previous approvals for agricultural service occupations include a harness and farrier shop
(SP19780004) and an equine veterinary (SP197800011), prior to allowance of agricultural service
operations as by right uses in the Rural Areas. These two prior uses directly served and were only
applicable to those involved in agriculture. The Zoning Ordinance definition of agriculture includes "the
keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry
qualifies as an agricultural operation." A blacksmithing business (SP198500059) was determined to be
a by right agricultural service occupation in 1990, following a zoning text amendment allowing
agricultural service occupations as by right uses in the Rural Areas district.
Hilliard Estate & L_a_nd_Management Services
Described Agricultural Services
The uses performed by Hilliard Estate & Land Management Services as dt scrihed in your application
include: "bush hogging, tractor work, custom farming, pasture renovation & maintenance, landscape
maintenance & mowing of entire farms, fencing, and other farm & land management related activities."
With the exception of landscape maintenance, these esr P° activities are directly related to
agriculture and the preservation of agricultural lands. The uses are similarly #sc:rik ec' in advertising
on the applicant's website at http:ilhilliardmanagement.com/, as accessed on July 25, 2018,
July 26, 2018
Use Determination — HELM as Agricultural Service Operation
Page 2
Incidental Non -Agricultural Services
Landscape maintenance, as described in the business activities of Hilliard Estate & Land
Management, may in some cases not directly pertain to agricultural operations. While the landscape
maintenance described in your application is performed primarily on properties engaged in agricultural
operations, landscape maintenance in general may be classified under "Home and business services
such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance
services," as described in County Code § 18-24.2.1(17). Additionally, you previously described
performing landscape maintenance on residential parcels for clients of your agricultural services. This
use is not directly related to agriculture, and is not a by -right use of Rural Areas properties.
However, due to its limited scope in the larger business operations of Hilliard Estate & Land
Management, landscape maintenance may be considered an incidental use accessory to the
business. The accessory use of landscape maintenance on non-agricultural properties, whether in the
Rural Areas or in Residentially Zoned Districts, must remain in proportion to the agricultural support
services provided by HELM. If this proportion changes significantly, the business will no longer be
classified as an agricultural service operation.
Summary
The nature of Hilliard Estate & Land Management is largely in support of agricultural operations and
the preservation of agricultural lands .As described !n your application cover letter, with minimal non-
agricultural accessory landscape management services, Hilliard Estate & Land Management is
determined to be an agricultural service occupation, and a by -right use in the Rural Areas district. The
agricultural service occupations described in your letter are by right uses on all Rural Areas and
Monticello Historic District zoned parcels, and are allowed by special use permit on Village Residential
parcels.
You may have a right to appeal this determination within 30 days of this notice, in accordance with
Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and
unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34,3, along with a fee of
$240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www albemarie org/cdapps. This form applies to appeals of decisions of the zoning administrator or
any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in
Albemarle County Code) 1 -34.3, which may be reviewed online at
www abemarle orgfcAntyci 6bza.
Sincerely,
Amelia McCulley, A.I.C.P
Zoning Administrator