HomeMy WebLinkAboutZMA200100007 Correspondence 2019-07-23Tori Kanellopoulos
From: Claudette Borgersen
Sent: Tuesday, July 23, 2019 2:44 PM
To: Tori Kanellopoulos
Cc: Bill Fritz; Vivian Groeschel
Subject: RE: July 17 Stonefield Special Exception Resolution - Revised
Attachments: 08.7_StonefieldDrive-Thru_ResolutionSigned.pdf
Here is the corrected signed copy. I just went ahead and signed the corrected copy instead of having you
replace the conditions. Thanks and sorry about that.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor ersen albemarle.or
From: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Sent: Tuesday, July 23, 2019 2:22 PM
To: Claudette Borgersen <cborgersen@albemarle.org>
Cc: Bill Fritz <BFRITZ@albemarle.org>, Vivian Groeschel <vgroeschel@albemarle.org>
Subject: RE: July 17 Stonefield Special Exception Resolution - Revised
Thank you, Claudette! I will use this corrected version.
Tori
From: Claudette Borgersen <cbor ersen albemarle.or >
Sent: Tuesday, July 23, 2019 10:46 AM
To: Tori Kanellopoulos <vkanello ouios albemarle.or >
Cc: Bill Fritz <BFRITZ albemarle.or >; Vivian Groeschel <vsroeschel@albemarle.org>
Subject: FW: July 17 Stonefield Special Exception Resolution - Revised
Tori, I included the wrong conditions for the signed Resolution I sent to you. Can you please replace the
conditions I sent with the attached conditions. Thanks.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor4ersen@albemarle.or4
From: Marsha Davis <MDavis02@albemarle.or9>
Sent: Wednesday, July 17, 20191:59 PM
To: Tori Kanellopoulos <vkanello oulos@albemarle.o�r >; Bill Fritz <BFRITZ albemarle.or >; clerk
<clerk albemarle.or >
Cc: Greg Kamptner <GKamptne@albemarle.ore>
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
marshadavis@albemarle.or
Tor! Kanellopoulos
From: Ton Kanellopoulos
Sent: Tuesday, July 23, 2019 2:25 PM
To: Bob Pineo
Cc: Katherine Salata
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Attachments: C + F Special Exception Approved Resolution.docx
Sure! Also please see attached Resolution — the other one had a slightly incorrectly worded condition.
I don't think the changes are too difficult. I actually emailed Herb White this morning clarifying our SRC discussion, and
that distance of the drive-thru to the intersection is measured from the middle of the intersection, not the edge. So the
drive-thru likely doesn't need to be moved. There are some other site plan issues to address, but they seem doable.
Once you resubmit, we try to turn around review comments in 2 weeks (may be up to 3, especially with so many people
on vacation).
Tor!
From: Bob Pineo <bob@designdeveloplic.com>
Sent: Tuesday, July 23, 2019 9:08 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: Katherine Salata <k.salata@designdevelopllc.com>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thank you so much story for all your help.
We are trying to schedule a conference call with WW on necessary site plan changes. In anticipation of that conference
call do you think the changes being asked for our difficult to achieve?
And assuming recent mission in the next day or so how long before approval ?
Thank you again for your help.
BP
Bob Pineo. cell phone.
On Tue, Jul 23, 2019, 8:59 AM Tor! Kanellopoulos <vkanello oulos albemarle.or > wrote:
H! Bob and Katherine,
Please see signed resolution, attached for your records. I'll keep a lookout for the resubmittal of the site plan.
Best,
Tori
From: Bob Pineo <bob desi ndevelo Ilc.com>
Sent: Wednesday, July 17, 2019 4:42 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle,org>
Cc: Katherine Salata <k.salata designdevelopllc.com>
Subject: Re: Consent Agenda Item 8.7 (Stonef!eld special exception)
Great,
Thank you Tori.
We will wait to hear back from WW on next steps.
Thank you again for your help and movement laterally with this last-minute hiccup!
Alls well that ends well!
BP
On Wed, Jul 17, 2019 at 3:30 PM Tori Kanellopoulos <vkaneHo oulos albemarle.or > wrote:
Good news — it got approved! I will send the approved resolution once 6 receive it, but the condition is just the one
discussed —that this applies to this site only and not all of Block G.
Also, I will be sending Herb White review comments shortly, but there are some site plan design changes needed per
18-5.1.60. These are required regardless of the special exception, as they are design standards for all drive-thrus. This
is for the major site plan amendment SDP2019-35 that was submitted. We will be discussing with Herb at Site Review
Committee tomorrow as well.
Thank you for your patience with this process!
Tori
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 201910:01 AM
To: Bob Pineo <bob0desisndevelopllc.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Also, I did check with other staff, and this is really more of a larger policy question. So if you cannot be there, we can
still answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and
then back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned
drive-thru ZTA will be at the meeting to address the Board and answer questions.
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo <bob@desiendeyeIoDIIC.com>; Katherine Salata <k.salata desi ndevelo Ilc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. ! was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in
Block G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to
make these changes.
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, ZU19 9:19 PM
To: Liz Palmer <! almer albemarle.or >; Board of Supervisors members <bos albemarle.or >
Cc: Tori Kanellopoulos <vkanello oulos albemarle.or >; Greg Kam ptner <GKam the albemarle.or >; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.ore>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
n allawa albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly
identified as a by -right use in a project's code of development), the Board
simultaneously adopted a policy, and gave corresponding direction to staff, about the
process to use for reviewing special exception requests like this one. In instances in
which a proposal located in the NMD zoning district was originally approved without
drive -through windows allowed by -right, and that proposal subsequently seeks a
special exception to allow drive -through windows by -right (which is exactly the
situation we have with item 8.7), the Board directed that the special exception request
must first go to the Planning Commission for review and a recommendation prior to
7
the Board's review and action. (Please see the highlighted portions in the attached
excerpt from the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions
thereof since one of the primary characteristics sought to be encouraged in that
zoning district is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulicl29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to. first
schedule a review with the Planning Commission, consistent with the policy the
Board deliberately adopted for this type of request. We believe the Commission's
review will be beneficial for the Board as well as for the general public. Indeed, we
would recommend you request the Commission's review of this special exception
request pursuant to your authority under County Code §18-33.47(B) even if your
policy did not already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 9774090
a
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Tuesday, July 23, 2019 2:22 PM
To: Claudette Borgersen
Cc. Bill Fritz; Vivian Groeschel
Subject: RE: July 17 Stonefield Special Exception Resolution Revised
Thank you, Claudette! I will use this corrected version.
Tori
From: Claudette Borgersen <cborgersen@albemarle.org>
Sent: Tuesday, July 23, 2019 10:46 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: Bill Fritz <BFRITZ@albemarle.org>; Vivian Groeschel <vgroeschel@albemarle.org>
Subject: FW: July 17 Stonefield Special Exception Resolution - Revised
Tori, I included the wrong conditions for the signed Resolution I sent to you. Can you please replace the
conditions I sent with the attached conditions. Thanks.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor ersen albemarle.or
From: Marsha Davis <MDavis02 aibemarle.or >
Sent: Wednesday, July 17, 20191:59 PM
To: Tori Kaneilopoulos<vkanellopoulos(@albemarle.org>; Bill Fritz <BFRITZ albemarie.or >; clerk
<clerkCZDaibemarle.or >
Cc: Greg Kamptner <GKam the albemarle.or >
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
marshadavis@albemarle.org
10
Tori Kanellopoulos
From: Claudette Borgersen
Sent: Tuesday, July 23, 2019 10:46 AM
To: Tori Kanellopoulos
Cc: Bill Fritz; Vivian Groeschel
Subject: FW: July 17 Stonefield Special Exception Resolution - Revised
Attachments: edb2970a-Ode2-4e34-a3e3-d3bl e028bac3.docx
Tori, I included the wrong conditions for the signed Resolution I sent to you. Can you please replace the
conditions I sent with the attached conditions. Thanks.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborgersen@albemarle.org
From: Marsha Davis <MDavis02@albemarle.org>
Sent: Wednesday, July 17, 20191:59 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Bill Fritz <BFRIU@albemarle.org>; clerk
<clerk@albemarle.org>
Cc: Greg Kamptner <GKamptne@albemarle.org>
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext. 7931
marshadavisOalbemarle.or.o
11
Tor! Kanelio oulos
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Tuesday, July 23, 2019 9:08 AM
To: Tori Kanellopoulos
Cc: Katherine Salata
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Attachments:-WRD000 jpg
Thank you so much story for all your help.
We are trying to schedule a conference call.with WW on necessary site plan changes. In anticipation of that conference
call do you think the changes being asked for our difficult to achieve?
And assuming recent mission in the next day or so how long before approval ?
Thank you again for your help.
BP
Bob Pineo. cell phone.
On Tue, Jul 23, 2019, 8:59 AM Tori Kanellopoulos <vkanellopoulos@albemarle.or> wrote:
Hi Bob and Katherine,
Please see signed resolution, attached for your records. I'll keep a lookout for the resubmittal of the site plan.
Best,
Tori
From: Bob Pineo <bobPdesiendevelopllc.com>
Sent: Wednesday, July 17, 2019 4:42 PM
To: Tori Kanellopoulos <vkanello oulos albemarie.or >
Cc: Katherine Salata <ksalata desi ndevelo llc.com>
Subject: Re: Consent Agenda Item 8.7 (5tonefield special exception)
Great,
Thank you Tori.
We will wait to hear back from WW on next steps.
12
Thank you again for your help and movement laterally with this last-minute hiccup!
Ails well that ends well!
BP
On Wed, Jul 17, 2019 at 3:30 PM Tori Kanellopoulos <vkanellopoulos@albemarle.ore> wrote:
Good news— it got approved! I will send the approved resolution once I receive it, but the condition is just the one
discussed —that this applies to this site only and not all of Block G.
Also, I will be sending Herb White review comments shortly, but there are some site plan design changes needed per
18-5.1.60. These are required regardless of the special exception, as they are design standards for all drive-thrus. This
is for the major site plan amendment SDP2019-35 that was submitted. We will be discussing with Herb at Site Review
Committee tomorrow as well.
Thank you for your patience with this process!
Tori
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 2019 10:01 AM
To: Bob Pineo <bob@designdevelopllc.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Also, I did check with other staff, and this is really more of a larger policy question. So if you cannot be there, we can
still answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
13
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and
then back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned
drive-thru ZTA will be at the meeting to address the Board and answer questions.
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo <bob desi$ndeveIoPIIC.com>; Katherine Salata <k.salata _ designdevelopllc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is schecluled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? i will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in
Block G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to
make these changes.
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <lpalmer@albemarle.org>; Board of Supervisors members <bos albemarle.ore>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarie.ore>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarig.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
14
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
n allawa albemarle.or
From: Liz Palmer
Serrt: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
15
From: Morgan Butler < m butler@ seIcva.or >
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly
identified as a by -right use in a project's code of development), the Board
simultaneously adopted a policy, and gave corresponding direction to staff, about the
process to use for reviewing special exception requests like this one. In instances in
which a proposal located in the NMD zoning district was originally approved without
drive -through windows allowed by -right, and that proposal subsequently seeks a
special exception to allow drive -through windows by -right (which is exactly the
situation we have with item 8.7), the Board directed that the special exception request
must first go to the Planning Commission for review and a recommendation prior to
the Board's review and action. (Please see the highlighted portions in the attached
excerpt from the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions
thereof since one of the primary characteristics sought to be encouraged in that
zoning district is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
16
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the
Board deliberately adopted for this type of request. We believe the Commission's
review will be beneficial for the Board as well as for the general public. Indeed, we
would recommend you request the Commission's review of this special exception
request pursuant to your authority under County Code §18-33.47(B) even if your
policy did not already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butter
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
17
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Tuesday, July 23, 2019 8:59 AM
To: Bob Pineo
Cc: Katherine Salata
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Attachments: 08.7_StonefieldDrive-Thru_Reso!ution5igned.pdf
Hi Bob and Katherine,
Please see signed resolution, attached for your records. I'll keep a lookout for the resubmittal of the site plan.
Best,
Tor!
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Wednesday, July 17, 2019 4:42 PM
To: Tor! Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: Katherine Salata <k.salata@designdevelopllc.com>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Great,
Thank you Tori.
We will wait to hear back from WW on next steps.
Thank you again for your help and movement laterally with this last-minute hiccup!
Ails well that ends well!
BP
On Wed, Jul 17, 2019 at 3:30 PM Tori Kanellopoulos <vkanellopoulos@albemarle.org> wrote:
Good news — it got approved! 1 will send the approved resolution once I receive it, but the condition is just the one
discussed —that this applies to this site only and not all of Block G.
Also, I will be sending Herb White review comments shortly, but there are some site plan design changes needed per
18-5.1.60. These are required regardless of the special exception, as they are design standards for all drive-thrus. This is
18
for the major site plan amendment SDP2019-35 that was submitted. We will be discussing with Herb at Site Review
Committee tomorrow as well.
Thank you for your patience with this processl
Tori
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 201910:01 AM
To: Bob Pineo <bob@desiendevelonllc.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Also, I did check with other staff, and this is really more of a larger policy question. So if you cannot be there, we can
still answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and
then back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned
drive-thru ZTA will be at the meeting to address the Board and answer questions.
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo <bob desi ndevelo Ilc.com>; Katherine Salata <k.salata desi ndevela Ilc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefieid special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (1_ane Auditorium, County Office Building, 401 Mcintire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
19
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.ors>; Board of Supervisors members <bos albemarle.or >
Cc: Tori Kanellopoulos <vkanello ouios albemarle.or >; Greg Kamptner <GKam the albemarle.or >; Andy Herrick
<aherrick albemarle.or >; Bill Fritz <BFRITZ albemarle.or >
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
n allawa albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
20
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefreld special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a
proposal located in the NMD zoning district was originally approved without drive-
21
through windows allowed by -right, and that proposal subsequently seeks a special
exception to allow drive -through windows by -right (which is exactly the situation we
have with item 8.7), the Board directed that the special exception request must first go
to the Planning Commission for review and a recommendation prior to the Board's
review and action. (Please see the highlighted portions in the attached excerpt from
the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions thereof
since one of the primary characteristics sought to be encouraged in that zoning district
is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review
will be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
22
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
23
Tori Kanello oulos
From: Claudette Borgersen on behalf of clerk
Sent: Monday, July 22, 2019 11:34 AM
To: Tori Kanellopoulos
Cc: Travis Morris
Subject: Stonefield Drive-Thru Signed Resolution
Attachments: 08.7_StonefieldDrive-Thru_ResoIutionSigned. pdf
Attached for your records.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborgersen@albemarle.org
24
Tor! Kanellopoulos
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Wednesday, July 17, 2019 4:42 PM
To: Tori Kanellopoulos
Cc: Katherine Salata
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Great,
Thank you Tori.
We will wait to hear back from WW on next steps.
Thank you again for your help and movement laterally with this last-minute hiccup!
Ails well that ends well!
BP
IN
On Wed, Jul 17, 2019 at 3:30 PM Tori Kanellopoulos <vkanellopoulos@albemarle.org> wrote:
Good news — it got approved! I will send the approved resolution once I receive it, but the condition is just the one
discussed — that this applies to this site only and not all of Block G.
Also, I will be sending Herb White review comments shortly, but there are some site plan design changes needed per
18-5.1.60. These are required regardless of the special exception, as they are design standards for all drive-thrus. This is
for the major site plan amendment SDP2019-35 that was submitted. We will bediscussing with Herb at Site Review
Committee tomorrow as well.
Thank you for your patience with this process!
Tor!
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 2019 10:01 AM
To: Bob Pineo <bob@designdevelopllc.com>; Katherine Salata <k.salata desi ndevelo Ilc.com>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
25
Also, I did check with other staff, and this is really more of a larger policy question. So if you cannot be there, we can
still answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and
then back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned
drive-thru ZTA will be at the meeting to address the Board and answer questions.
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo <bob@designdevelopllc.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
Best,
Tor!
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <I almer albemarle.or >; Board of Supervisors members <bos@albemarle.org>
Cc: Tor! Kanellopoulos <vkanello oulos albemarle.or >; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick albemarle.or >; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz . noted. I will pause for your change prior to adoption of the final agenda.
26
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
ngallaway@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
27
From: Morgan Butler <mbutler selcva.or >
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a
proposal located in the NMD zoning district was originally approved without drive -
through windows allowed by -right, and that proposal subsequently seeks a special
exception to allow drive -through windows by -right (which is exactly the situation we
have with item 8.7), the Board directed that the special exception request must first go.
to the Planning Commission for review and a recommendation prior to the Board's
review and action. (Please see the highlighted portions in the attached excerpt from
the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions thereof
since one of the primary characteristics sought to be encouraged in that zoning district
is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
28
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review
will be beneficial for the Board as well as for the general public. indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
29
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 3:30 PM
To: Bob Pineo; Katherine Salata
Subject. RE: Consent Agenda Item 8.7 (Stonefield special exception)
Good news —it got approved! I will send the approved resolution once I receive it, but the condition is just the one
discussed —that this applies to this site only and not all of Block G.
Also, I will be sending Herb White review comments shortly, but there are some site plan design changes needed per 18-
5.1.60. These are required regardless of the special exception, as they are design standards for all drive-thrus. This is for
the major site plan amendment SDP2019-35 that was submitted. We will be discussing with Herb at Site Review
Committee tomorrow as well.
Thank you for your patience with this process!
Tor!
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 201910:01 AM
To: Bob Pineo <bob@designdevelopllc.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Also, I did check with other staff, and this is really more of a larger policy question. So it you cannot be there, we can still
answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and then
back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned drive-
thru ZTA will be at the meeting to address the Board and answer questions.
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 B:13 AM
To: Bob Pineo <bob@desiendeveloplic.com>; Katherine Salata <k.saiata@desiendevelop!lc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
30
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.o>; Board of Supervisors members <bos@albemarle.ore>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.ore>; Greg Kamptner <GKamptne(&albemarle.ore>; Andy Herrick
<aherrick@albemarle.ore>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
naallawav(&albemarle.ore
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Sill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
31
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler @selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
32
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the HydraulicJ29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
33
Tori Kanellopoulos
From: Bill Fritz
Sent: Wednesday, July 17, 2019 2:09 PM
To: Greg Kamptner; Marsha Davis; Tori Kanellopoulos; clerk
Subject: RE: July 17 Stonefield Special Exception Resolution - Revised
Attachments: resolution for special exception for ZMA2001_7 stonefield.docx
Revised resolution. I also have a brief presentation I can show the BOS so they can understand the change and see the
area we are talking about.
William D. Fritz, AICP
Development Process Manager/ombudsman
434-296-5823 ext 3242
From: Greg Kamptner
Sent: Wednesday, July 17, 2019 2:04 PM
To: Marsha Davis <MDavis02@albemarle.org>; Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Bill Fritz
<BFRITZ@albemarle.org>; clerk <clerk@albemarle.org>
Subject: RE: July 17 Stonefield Special Exception Resolution - Revised
Ail -
I think the condition would be more clear if it said that the special exception "applies only to the area shown on
instead of that the "special exception must apply to the area shown on "
Greg Kamptner
County Attorney
County of Albemarle
ekamntner[cDaibemarle.ore
434-972-4067 ext. 3268
From: Marsha Davis
Sent: Wednesday, July 17, 2019 1:59 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; clerk
<clerk@albemarle.org>
Cc: Greg Kamptner <GKamptne@albemarle.org>
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Offrce
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
34
marshadavis@albemarle.ora
35
Tori Kanellopoulos
From: Bill Fritz
Sent: Wednesday, July 17, 2019 2:04 PM
To: Greg Kamptner; Marsha Davis; Tori Kanellopoulos; clerk
Subject. RE: July 17 Stonefield Special Exception Resolution - Revised
I will make the change. Thanks
William D. Fritz, AICP
Development Process Manager/Ombudsman
434-296-5823 ext 3242
From: Greg Kamptner
Sent: Wednesday, July 17, 2019 2:04 PM
To: Marsha Davis <MDavis02@albemarle.org>; Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Bill Fritz
<BFRITZ@albemarle.org>; clerk <clerk@albemarle.org>
Subject: RE: July 17 Stonefield Special Exception Resolution - Revised
All -
I think the condition would be more clear if it said that the special exception "applies only to the area shown on
instead of that the "special exception must apply to the area shown on ..."
Greg Kamptner
County Attorney
County of Albemarle
ekamotner@albemarle.org
434-972-4067 ext. 3268
From: Marsha Davis
Sent: Wednesday, July 17, 2019 1:59 PM
To: Tori Kanellopoulos <vkanello oulos albemarle.or >; Bill Fritz <BFRITZ albemarle.or >; clerk
<clerk@albemarle.org>
Cc: Greg Kamptner <GKamgtne@albemarie.ore>
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
marshadavis albemarle.or
36
37
Tori Kanellopoulos
From: Greg Kamptner
Sent: Wednesday, July 17, 2019 2:04 PM
To: Marsha Davis; Tori Kanellopoulos; Bill Fritz; clerk
Subject: RE: July 17 Stonefield Special Exception Resolution Revised
All -
I think the condition would be more clear if it said that the special exception "applies only to the area shown on
instead of that the "special exception must apply to the area shown on ..."
Greg Kamptner
County Attorney
County of Albemarle
ekamotner@albemarle.org
434-972-4067 ext. 3268
From: Marsha Davis
Sent: Wednesday, July 17, 2019 1:Sy wive
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>; clerk
<clerk@aIbemarle.org>
Cc: Greg Kamptner <GKamptne@albemarle.org>
Subject: July 17 Stonefield Special Exception Resolution - Revised
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
mars hadavisCcD-albemarle.org
38
Tod Kanellopoulos
From: Marsha Davis
Sent: Wednesday, July 17, 2019 1:59 PM
To: Tori Kanellopoulos; Bill Fritz; clerk
Cc Greg Kamptner
Subject: July 17 Stonefield Special Exception Resolution - Revised
Attachments: edb2970a-Ode2-4e34-a3e3-d3bl e028bac3.docx
Please find attached the reference resolution as the Board adopted it today. This includes the changes that were adopted.
Thank you,
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext. 7931
marshadavis@albemarle.ora
39
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 1:38 PM
To: Bob Pineo
Subject: RE: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob,
Great! I just stepped out fora minute and talked with Bill Fritz (who did the ZTA) and am now back sitting up front
behind Mark. We may need to go to the PC, which we could do on/before Aug 6 it seems. We would schedule the Board
date as soon as possible. If the PC also recommend approval, we can go back to consent agenda for approval.
The site plan comments are due tomorrow for Site Review Committee, and revisions will be needed, so hopefully this
does not add too much time to the process (since the site plan will need to be revised and resubmitted, as is typical with
site plans).
Tori
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Wednesday, July 17, 20191:30 PM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: Re: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Tori,
I am here right behind ne!I Williamson if you need me.
BP
Bob Pineo. cell phone.
On Wed, Jul 17, 2019, 8:13 AM Tori Kanellopoulos <vkanellogoulos@albemarle.org> wrote:
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
40
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <lpalmer@albemarle.orp- Board of Supervisors members <bos@albemarle.org>
Cc: Tori Kanellopoulos <vkanello oulos albemarle.or >; Greg Kamptner <GKamptne@albemarle.ore>; Andy Herrick
<aherrick albemarle.or >; Bill Fritz <BFRITZ albemarle.or >
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
ngallaway@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
41
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva,ore>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a
proposal located in the NMD zoning district was originally approved without drive-
42
through windows allowed by -right, and that proposal subsequently seeks a special
exception to allow drive -through windows by -right (which is exactly the situation we
have with item 8.7), the Board directed that the special exception request must first go
to the Planning Commission for review and a recommendation prior to the Board's
review and action. (Please see the highlighted portions in the attached excerpt from
the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions thereof
since one of the primary characteristics sought to be encouraged in that zoning district
is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review
will be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
43
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
44
Tod Kanellopoulos
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Wednesday, July 17, 2019 1.30 PM
To: Tori Kanellopoulos
Subject: Re: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Tori,
I am here right behind neil Williamson if you need me.
BP
Bob Pineo. cell phone.
On Wed, Jul 17, 2019, 8:13 AM Tori Kanellopoulos <vkanello oulos albemarle.o > wrote:
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. 6 was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.org>; Board of Supervisors members <bos@albemarle.org>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.ore>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.o>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
45
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
ngailaway@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6.:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
46
From: Morgan Butler <mbutler „selcva.ore>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefleld special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a
proposal located in the NMD zoning district was originally approved without drive -
through windows allowed by -right, and that proposal subsequently seeks a special
exception to allow drive -through windows by -right (which is exactly the situation we
have with item 8.7), the Board directed that the special exception request must first go
to the Planning Commission for review and a recommendation prior to the Board's
review and action. (Please see the highlighted portions in the attached excerpt from
the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects as referenced by Supervisor Randolph at the
Board's March 2, 2016 meeting —is that there are instances in which drive -through
windows may not be appropriate uses in some NMD developments or portions thereof
since one of the primary characteristics sought to be encouraged in that zoning district
is pedestrian orientation, and the Planning Commission's expertise and
recommendation on such requests would be particularly valuable to the Board before
it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
47
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this
one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review
will be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
48
Tori Kanellopoulos
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 11:56 AM
To: Tori Kanellopoulos
Subject RE: Consent Agenda Item 8.7 (Stonefield special exception)
Just spoke with Ned and he thinks we may just deal with it at the time of the adoption of the consent
agenda .... I guess just play it by ear and you already have a good plan. Thanks!
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborciersennalbemarle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 11:16 AM
To: Claudette Borgersen <cborgersen@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
No worries! Bill and I will both be there. We were under the impression it would be right before closed, but either way
we are planning to be there at 1 PM for Mark. So we will stay for the meeting) The fire didn't help with this day being
busy lol.
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 10:15 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Based on Ms. Palmer's e-mail below, it looks like they will discuss it right before closed session. I will
clarify/confirm with the Chair, but it may not be until later. If you don't hear from me by 12:30ish, can you
follow up with me? My day is going to be super busy, so I don't want to forget.....
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor.gersenCa-aibemarle.org
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 2019 9:39 AM
To: Claudette Borgersen <cbo[gersen@aibemarle.ore>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
49
Hi Claudette,
Just to clarify, does my consent agenda item (now for discussion) go before the closed session? Or during it? I will plan
to be there at 1 PM anyway for Mark's recognition, and will certainly stay for my item. Bill or David will be there as well.
Thank you!
Tori
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Tori,
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborgersen(@-albemarle.orq
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <neallaway@albemarle.org>; Liz Palmer <Ipaimer@albemarle.org>; Board of Supervisors members
<bos albemarle.or >
Cc: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.orp; Bill Fritz
<BFRITZ@albemarie.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
I am the staff reviewer for this special exception, and 1 will be at the Board meeting today to discuss and answer
questions. I have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
50
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.or9>; Board of Supervisors members <bosCCOaibemarie.ore>
Cc: Tor! Kanellopoulos <vkanello oulos albemarle.or >; Greg Kamptner <GKamptne@albemarie.org>; Andy Herrick
<aherrlck@albemarle.ore>; Bill Fritz <BFRITZ@albemarle.ore>
Subject: Re: Consent Agenda Item 8.7 (Stonefleld special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
neallawavCcDalbemarle.ore
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Lori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefieid special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
51
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting --is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
52
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
53
Tori Kanellopoulos
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 .11:42 AM
To: Tori Kanellopoulos
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Tori. You are right, the fire didn't help....:
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborpersen (aal bem arle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 11:16 AM
To: Claudette Borgersen <cborgersen@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
No worries! Bill and I will both be there. We were under the impression it would be right before closed, but either way
we are planning to be there at i PM for Mark. So we will stay for the meeting! The fire didn't help with this day being
busy lol.
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 10:15 AM
To: Tori Kanellopoulos <vkaneilopoulos@aibemarle.ore>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Based on Ms. Palmer's e-mail below, it looks like they will discuss it right before closed session. I will
clarify/confirm with the Chair, but it may not be until later. If you don't hear from me by 12:30ish, can you
follow up with me? My day is going to be super busy, so I don't want to forget.....
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborgersen0albemarle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 9:39 AM
To: Claudette Borgersen <cborgersen@albemarle.00r >
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Claudette,
54
Just to clarify, does my consent agenda item (now for discussion) go before the closed session? or during it? I will plan
to be there at 1 PM anyway for Mark's recognition, and will certainly stay for my item. Bill or David will be there as well.
Thank youl
Tori
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos <vkanello oulos albemarle.or >
Subject: RE: Consent Agenda Item 8.7 (Stonefreld special exception)
Hi Tori,
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
coorgersen _ albemarle.orp
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <ngallaway@albemarle.ore>; Liz Palmer <Ipalmer@albemarle.ore>; Board of Supervisors members
<bos@aibemarle.ors>
Cc: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>; Bill Fritz
<BFRITZ albemarle.or >
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
I am the staff reviewer for this special exception, and a will be at the Board meeting today to discuss and answer
questions. I have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
55
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@aibemarle.org Board of Supervisors members <bos@albemarle.or�>
Cc: Tor! Kanellopoulos <vkanellogoulos@albemarle.org>; Greg Kamptner <GKam the albemarle.or >; Andy Herrick
<aherrick@albemarle.ore>; Bill Fritz <BFRITZ@albemarle.o>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
n allawa albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
56
Liz Palmer
(434)964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butter <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tod Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
57
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
58
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 11:41 AM
To: Bill Fritz
Subject: PPT for special exception
Attachments: Stonefield PPT 07-17-19.pptx
Hi Bill,
Please see attached PPT for today. Hope this is helpful and what you were looking for!! Claudette is confirming but is
pretty sure they are discussing right before the closed session.
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
59
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 11:16 AM
To: Claudette Borgersen
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
No worries! Bill and I will both be there. We were under the impression it would be right before closed, but either way
we are planning to be there at 1 PM for Mark. So we will stay for the meeting! The fire didn't help with this day being
busy lol.
From: Claudette Borgersen
Sent: Wednesday, July 17, 201910:15 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Based on Ms. Palmer's e-mail below, it looks like they will discuss it right before closed session. I will
clarify/confirm with the Chair, but it may not be until later. if you don't hear from me by 12:30ish, can you
follow up with me? My day is going to be super busy, so I don't want to forget.....
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cboraersena-albemarle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 9:39 AM
To: Claudette Borgersen <cborgersen@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Claudette,
Just to clarify, does my consent agenda item (now for discussion) go before the closed session? Or during it? I will plan
to be there at 1 PM anyway for Mark's recognition, and will certainly stay for my item. Bill or David will be there as well.
Thank you!
Tori
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Tori,
60
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborciersenO-al bemarle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <ngallaway@albemarle.org>; Liz Palmer <I almer albemarle.or >; Board of Supervisors members
<bos@albemarle.ore>
Cc: Greg Kamptner <GKamptne@albemarle.ora>; Andy Herrick <aherrick@albemarle.ore>; Bill Fritz
<BFRITZ@albemarle.o>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
am the staff reviewer for this special exception, and I will be at the Board meeting today to discuss and answer
questions. i have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tori
Tor! Kanellopoulos, AlcP candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <lpalmer@albemarle.org>; Board of Supervisors members <bos albemarle.or >
Cc: Tori Kanellopoulos <vkanellopoulos@aibemarle.ore>; Greg Kamptner<GKamptne@albemarle.ore>; Andy Herrick
<aherrick albemarle.or >; Bill Fritz <BFRITZ albemarle.or >
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
61
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
n allawa albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefleld special exception)
Dear Members of the Albemarle County Board of Supervisors:
62
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
63
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
�'
Tori Kanellopoulos
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 10:15 AM
To: Tori Kanellopoulos
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Based on Ms. Palmer's e-mail below, it looks like they will discuss it right before closed session. I will
clarify/confirm with the Chair, but it may not be until later. If you don't hear from me by 12:30ish, can you
follow up with me? My day is going to be super busy, so I don't want to forget.....
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor ersen albemarle.or
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 9:39 AM
To: Claudette Borgersen <cborgersen@albemarle.orga
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Claudette,
Just to clarify, does my consent agenda item (now for discussion) go before the closed session? Or during it? I will plan
to be there at 1 PM anyway for Mark's recognition, and will certainly stay for my item. Bill or David will be there as well.
Thankyoul
Tori
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos <vkanellopoulosC@albemarle.ore>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Tori,
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
65
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cboraersenO-albemarle.ora
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <neallawav@albemarle.ore>; Liz Palmer <Ivalmer@albemarle.ore>; Board of Supervisors members
<bos@albemarle.orp
Cc: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>; Bill Fritz
<BFRITZ@albemarie.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
I am the staff reviewer for this special exception, and I will be at the Board meeting today to discuss and answer
questions. I have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarie.ors>; Board of Supervisors members <bos@albemarle.ore>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.ore>; Greg Kamptner <GKamptne@albemarle.ore>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Hoard Chair
Supervisor, Rio District
66
Albemarle County
434-326-3834
ngallaway@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.ore>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
67
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
68
(434) 977-4090
69
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 10:01 AM
To: Bob Pineo; Katherine Salata
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Also, I did check with other staff, and this is really more of a larger policy question. So if you cannot be there, we can still
answer questions. We are considering revising the resolution so that drive-thru's only apply to your development,
instead of all of Block G, as that may address some of the concerns mentioned by the Board.
There is a chance the Board refers this to the Planning Commission, in which case this will need to go to the PC and then
back to the Board. I will let you know what the outcome is today. Staff who worked on the previously mentioned drive-
thru ZTA will be at the meeting to address the Board and answer questions.
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo <bob@designdeveloplic.com>; Katherine Salata <k.salata@designdevelopllc.com>
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <I almer albemarle.or >; Board of Supervisors members <bos@albemarle.org>.
Cc: Tor! Kanellopoulos <vkanellopoulos@albemarle.org>; Greg Kamptner <GKam the albemarle.or >; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
70
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
neallawav(Malbemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434)964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
71
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
72
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
73
Tor! Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 9:53 AM
To: Bill Fritz
Subject: Stonefield Special Exception
Hi Bill,
Please see current condition for this special exception, and proposed:
CURRENT:
1. The special exception must apply to Block Gas depicted on the application plan of ZMA201300009 entitled
"Amended Application Plan — Full Build, Exhibit A," prepared by W/W Associates, dated October 21, 2013.
PROPOSED:
1. The special exception must apply to the area shown on the application plan for this Variation Request entitled
"C&F Bank at Stonefield: Special Exception for Drive -Through", prepared by Design Develop, dated April 29,
2019.
Tori Kanellopoulos, AiCP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
74
Tor! Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 9:39 AM
To: Claudette Borgersen
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Claudette,
Just to clarify, does my consent agenda item (now for discussion) go before the closed session? Or during it? I will plan
to be there at 1 PM anyway for Mark's recognition, and will certainly stay for my item. Bill or David will be there as well.
Thank yowl
Tori
From:'Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Tori,
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor ersen@albemarle.org
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <ngallaway@albemarle.ore>; Liz Palmer <Ipalmer@albemarle.ore>; Board of Supervisors members
<bos@albemarle.or >
Cc: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>; Bill Fritz
<BFRITZ@albemarle.ore>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
I am the staff reviewer for this special exception, and I will be at the Board meeting today to discuss and answer
questions-1 have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
75
Best,
Tori
Tori Kanellopoulos, AICP candidate
Planner
Community Development Department
Phone: 434-296-SB32 ext. 3270
From: Ned Gallaway
Seat: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.org>; Hoard of Supervisors members <bos@albemarle.orp
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Greg Kamptner <GKamptne@albemarle.ori=>; Andy Herrick
<aherrick@albemarle.orp; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
neallawav(@albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
76
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects --as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
77
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
78
Tor! Kanellopoulos
From: Claudette Borgersen
Sent: Wednesday, July 17, 2019 9:26 AM
To: Tori Kanellopoulos
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Attachments: 00_Agenda.pdf
Hi Tori,
I am sure you have looked at the agenda, but just wanted to send it to you and let you know that we plan to
go into closed session around 2:45. Please plan to come a little early just in case we move through the agenda
a little quicker than anticipated. More than likely we will run late, but better to be on the safe side. It is hard to
predict and once the meeting starts, I don't have any control over the timing.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cborgersen -_albemarle.org
From: Tor! Kanellopoulos
Sent: Wednesday, July 17, 2019 8:16 AM
To: Ned Gallaway <ngallaway@albemarle.org>; Liz Palmer <Ipalmer@albemarle.org>; Board of Supervisors members
<bos@albemarle.org>
Cc: Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick <aherrick@albemarle.org>; Bill Fritz
<BFRITZ@albemarle.org>
Subject: RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
am the staff reviewer for this special exception, and U will be at the Board meeting today to discuss and answer
questions. I have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tor!
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <IPalmer@albemarle.ore>; Board of Supervisors members <bos albemarle.or >
Cc: Tor! Kanellopoulos<vkanellopoulos@albemarleM>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
79
<aherrick@al_bemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
neallawavPalbemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
80
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects --as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
81
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
82
Tor! Kanellopoulos
From:
Tori Kanellopoulos
Sent:
Wednesday, July 17, 2019 8:16 AM
To:
Ned Gallaway; Liz Palmer, Board of Supervisors members
Cc:
Greg Kamptner; Andy Herrick; Bill Fritz
Subject
RE: Consent Agenda Item 8.7 (Stonefield special exception)
Hi All,
I am the staff reviewer for this special exception, and I will be at the Board meeting today to discuss and answer
questions. I have contacted the applicant as well. I will look into the background on drive-throughs in NMD's as well.
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.org>; Board of Supervisors members <bos@albemarle.org>
Cc: Tor! Kanellopoulos <vkanellopoulos@albemarle.org>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
83
ngailawav@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick;. Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 20.16 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
84
for reviewing special exception requests We this one. in instances in Which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulict29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
85
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:13 AM
To: Bob Pineo; Katherine Salata
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
Hi Bob and Katherine,
The special exception is scheduled for the Board today at 1 PM (Lane Auditorium, County Office Building, 401 McIntire
Road, 22902). It appears it will be pulled off consent for approval and for discussion. Is someone for your team able to
be there today? I will be as well, but it may be helpful. Apologies for the late notice. I was not aware of previous 2016
discussions.
Also, perhaps we can change the resolution to allow for drive-thrus only for this particular use or development in Block
G, instead of allowing drive-thrus in all of Block G. I will see if I can get ahold of the County Attorney's Office to make
these changes.
Best,
Tori
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <Ipalmer@albemarle.org>; Board of Supervisors members <bos@albemarle.org>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
86
ngallaway@albemarle.or
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <m butler@ selcva.or >
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
87
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville. VA 22902
(434) 977-4090
88
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent: Wednesday, July 17, 2019 8:10 AM
To: David Benish; Megan Nedostup (mnedostup@albemarle.org)
Subject: FW: Consent Agenda Item 8.7 (Stonefield special exception)
This is my item today FYI:
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer <lpalmer@albemarle.org>; Board of Supervisors members <bos@albemarle.org>
Cc: Tori Kanellopoulos <vkanellopoulos@albemarle.org>; Greg Kamptner <GKamptne@albemarle.org>; Andy Herrick
<aherrick@albemarle.org>; Bill Fritz <BFRITZ@albemarle.org>
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
neallawavPalbemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
89
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.ore>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff:, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
90
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977- 090
91
Tori Kanellopoulos
From: Ned Gallaway
Sent: Tuesday, July 16, 2019 9:39 PM
To: Liz Palmer; Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Thanks Liz - noted. I will pause for your change prior to adoption of the final agenda.
Kindly,
Ned
Ned Gallaway
Board Chair
Supervisor, Rio District
Albemarle County
434-326-3834
ngallaway@albemarle.org
From: Liz Palmer
Sent: Tuesday, July 16, 2019 6:36:17 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selnra.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
92
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulicl29 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
93
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434)977-4090
94
Tori Kanellopoulos
From:
Liz Palmer
Sent:
Tuesday, July 16, 2019 6:36 PM
To:
Board of Supervisors members
Cc:
Tod Kanellopoulos; Greg Kamptner, Andy Herrick; Bill Fritz
Subject
Re: Consent Agenda Item 8.7 (Stonefield special exception)
Ned, I will request that we move 8.7 from the consent agenda for discussion during the
unscheduled time before we go into closed session Hopefully someone from staff will be
available to explain further and to address SELC concerns. I am assuming we still have the
time.
Thank you,
Liz Palmer
(434) 964-7876
Samuel Miller District Representative
Albemarle County Board of Supervisors
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:03 PM
To: Board of Supervisors members
Cc: Tor! Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject: Consent Agenda Item 8.7 (Stonefield special exception)
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns
with one of the items included on your Consent Agenda tomorrow, with a primary
concern being the fact that the request has been included on your Consent Agenda in
the first place. Item 8.7 concerns a request for a special exception to vary the
Stonefield Code of Development to allow drive -through windows throughout the
entirety of Block G of that development.
Of direct relevance here, when the Board of Supervisors adopted a change to the
zoning ordinance on March 2, 2016 to allow drive -through windows to potentially be a
by -right use in the Neighborhood Model District (provided they are expressly identified
as a by -right use in a project's code of development), the Board simultaneously
adopted a policy, and gave corresponding direction to staff, about the process to use
for reviewing special exception requests like this one. In instances in which a proposal
located in the NMD zoning district was originally approved without drive -through
windows allowed by -right, and that proposal subsequently seeks a special exception to
allow drive -through windows by -right (which is exactly the situation we have with item
8.7), the Board directed that the special exception request must first go to the Planning
95
Commission for review and a recommendation prior to the Board's review and
action. (Please see the highlighted portions in the attached excerpt from the minutes
of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's
March 2, 2016 meeting —is that.there are instances in which drive -through windows
may not be appropriate uses in some NMD developments or portions thereof since one
of the primary characteristics sought to be encouraged in that zoning district is
pedestrian orientation, and the Planning Commission's expertise and recommendation
on such requests would be particularly valuable to the Board before it must make a
decision.
We are not necessarily opposed to allowing a drive -through window for the bank that
the applicant is proposing for Block G. However, the special exception request the
applicant has submitted would go much further than that by allowing drive -through
windows throughout the entirety of Block G. That gives us pause in light of the heavy
emphasis that both the Hydraulic129 Small Area Plan and the Places29 Master Plan
place on transforming the existing auto -dominated landscape along the Route 29
corridor into something that is more inviting to, and more oriented toward,
pedestrians. The request at hand is just the type of situation in which the Planning
Commission's expertise is needed, and that's precisely why the Board adopted the
policy that intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first
schedule a review with the Planning Commission, consistent with the policy the Board
deliberately adopted for this type of request. We believe the Commission's review will
be beneficial for the Board as well as for the general public. Indeed, we would
recommend you request the Commission's review of this special exception request
pursuant to your authority under County Code §18-33.47(B) even if your policy did not
already require it.
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
96
Tori Kanellopoulos
From: Morgan Butler <mbutler@selcva.org>
Sent: Tuesday, July 16, 2019 6:04 PM
To: Board of Supervisors members
Cc: Tori Kanellopoulos; Greg Kamptner; Andy Herrick; Bill Fritz
Subject Consent Agenda Item 8.7 (Stonefield special exception)
Attachments: BOS Minutes Excerpt 3-2-16.pdf
Dear Members of the Albemarle County Board of Supervisors:
On behalf of the Southern Environmental Law Center, I am writing to raise concerns with one of the items
included on your Consent Agenda tomorrow, with a primary concern being the fact that the request has been
included on your Consent Agenda in the first place. Item 8.7 concerns a request for a special exception to vary
the Stonefield Code of Development to allow drive -through windows throughout the entirety of Block G of that
development.
Of direct relevance here, when the Board of Supervisors adopted a change to the zoning ordinance on March
2, 2016 to allow drive -through windows to potentially be a by -right use in the Neighborhood Model District
(provided they are expressly identified as a by -right use in a project's code of development), the Board
simultaneously adopted a policy, and gave corresponding direction to staff, about the process to use for
reviewing special exception requests like this one. In instances in which a proposal located in the NMD zoning
district was originally approved without drive -through windows allowed by -right, and that proposal subsequently
seeks a special exception to allow drive -through windows by -right (which is exactly the situation we have with
item 8.7), the Board directed that the special exception request must first go to the Planning Commission for
review and a recommendation prior to the Board's review and action. (Please see the highlighted portions in
the attached excerpt from the minutes of the Board's March 2, 2016 meeting.)
The concern this policy reflects —as referenced by Supervisor Randolph at the Board's March 2, 2016
meeting —is that there are instances in which drive -through windows may not be appropriate uses in some
NMD developments or portions thereof since one of the primary characteristics sought to be encouraged in
that zoning district is pedestrian orientation, and the Planning Commission's expertise and recommendation on
such requests would be particularly valuable to the Board before it must make a decision.
We are not necessarily opposed to allowing a drive -through window for the bank that the applicant is proposing
for Block G. However, the special exception request the applicant has submitted would go much further than
that by allowing drive -through windows throughout the entirety of Block G. That gives us pause in light of the
heavy emphasis that both the Hydraulic/29 Small Area Plan and the Places29 Master Plan place on
transforming the existing auto -dominated landscape along the Route 29 corridor into something that is more
inviting to, and more oriented toward, pedestrians. The request at hand is just the type of situation in which the
Planning Commission's expertise is needed, and that's precisely why the Board adopted the policy that
intentionally involves the Commission in the review of requests like this one.
Please remove this item from the consent agenda tomorrow and ask staff to first schedule a review with the
Planning Commission, consistent with the policy the Board deliberately adopted for this type of request. We
believe the Commission's review will be beneficial for the Board as well as for the general public. Indeed, we
would recommend you request the Commission's review of this special exception request pursuant to your
authority under County Code §18-33.47(B) even if your policy did not already require it.
97
Thank you for your consideration.
Sincerely,
Morgan Butler
Morgan Butler
Senior Attorney
Southern Environmental Law Center
201 West Main Street, Suite 14
Charlottesville, VA 22902
(434) 977-4090
98
Tort Kanellopoulos
From: DoNotReply@Granicus.com
Sent: Monday, July 8, 2019 10:31 AM
To: Tod Kanellopoulos
Subject Approval Sequence Completed Notice
Tori Kanellopoulos
The proposed Special Exception, Number 19-397, which you submitted to one or more persons for review and/or
approval has successfully completed the Approval process. The current status of this item is Agenda Ready.
This email is an automatic email notice from your I_egistar® Approval Tracking System. Please do not 'Reply' to this
email, but use the links above. Thank you.
99
Tod Kanellopoulos
From:
Marsha Davis
Sent:
Tuesday, July 2, 2019 9:32 AM
To:
Tori Kanellopoulos
Cc:
clerk
Subject:
July 17 Stonefield SE
Ni Toril
just forwarded your materials on to Travis in Granicus.
We made some very minor tweaks to the TS (mostly replacing "per" with more exact language in a couple of places), and
we revised the Resolution (changed "Tax Map Parcel Number" to "Tax Parcel". removed reference of County Code § 18-
33.5, and in the condition, we changed "must apply" to "applies Only").
Thank you!
Marsha
Marsha A. Davis
Legal Services Coordinator
Albemarle County Attorney's Office
401 McIntire Road, Suite 325
Charlottesville, VA 22902
(434) 972-4067 ext.7931
marshadavis(cDalbemarle.or4
100
Tori Kanellopoulos
From: DoNotReply@Granicus.com
Sent: Tuesday, July 2, 2019 9:27 AM
To: Tori Kanellopoulos
Subject: Approval Sequence Restarted
Approval Sequence Restarted
Tori Kanellopoulos
The proposed Special Exception, Number 19-3y7, which you submitted to one or more persons for review and/or
approval and which had been PAUSED has now been RESTARTED by Marsha Davis.
The current status of this item is Approval Review.
This email is an automatic email notice from your Legistar* Approval Tracking System. Please do not'Reply'to this
email, but use the links above. Thank you.
101
Tod Kanellopoulos
From: DoNotReply@Granicus.com
Sent: Monday, July 1, 2019 10:08 AM
To: Tori Kanellopoulos
Subject: Approval Sequence Paused
Approval Sequence Paused
Tod Kanellopoulos
The proposed Special Exception, Number 19-397, which you submitted to one or more persons for review and/or
approval has been PAUSED by Marsha Davis prior to completing the Approval process. The current status of this item is
Approval Paused.
This email is an automatic email notice from your Legistar® Approval Tracking System. Please do not `Reply' to this
email, but use the links above. Thank you.
102
Tori Kanellopoulos
From:
Bob Pineo <bob@designdevelopllc_com>
Sena:
Friday, June 28, 2019 9:24 AM
To:
Tod Kanellopoulos
Cc:
Katherine Salata
Subject:
Re: Special Exception Application: C+F Bank
Great,
Thanks Toril
You have been great to work through in this process, so thank you!
BP
On Wed, Jun 26, 2019 at 9:03 AM Tor! Kanellopoulos <vkanellopoulos@albemarle.ore> wrote:
Hi Bob,
There is nothing else needed for this special exception! It will go to the Board July 1-ph and will be on consent agenda
for approval. I will let you know how the Board votes, but I expect it will be for approval, given that drive-thrus are now
by right in Neighborhood Model Districts.
Best,
Tor!
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Tuesday, June 25, 2019 7:40 PM
To: Tor! Kanellopoulos <vkanellopoulos@albemarle.ore>
Cc: Katherine Salata <k.salata@desisndevelopllc.com>
Subject: Re: Special Exception Application: C+F Bank
Thank you for your help Tor!.
We understand the special exemption would be for block G. Makes sense.
Is there anything else you need from us in regards to this item?
103
Best regards
Bob Pineo.
cell phone.
On Tue, Jun 25, 2019, 2:33 PM Tori Kanellopoulos <vkanellopoulos@albemarle.ore> wrote:
Hi Katherine and Bob,
Please see attached documents for the drive-thru special exception. This is still on consent agenda for the Board of
Supervisors for Wednesday, July 17t'. There is only one condition, which is just that this special exception only applies
to Block G, as requested in the application. Please let me know if you have any questions.
Best,
Tori
From: Tori Kanellopoulos
Sent: Thursday, May 30, 2019 11:59 AM
To: Katherine Salata<k.saiata@desiendeveloplic.com>; Bob Pineo <bob@desiendevelopllc.com>
Subject: Special Exception Application: C+F Bank
Hi Katherine and Bob,
I received your special exception application for a drive-thru for the proposed bank in stonetield. I have tentatively
scheduled the request for Wednesday, July 1711' at 1 PM on the consent agenda for the Board of Supervisor's
approval. I will let you know once the clerk has confirmed this is on the schedule. Consent agenda items are approved
all together in one motion (it is not a public hearing), and are only discussed if the Board pulls them off the agenda
(which I do not see happening here, given drive-thrus are now by -right in NMD). I likely do not need any additional
materials from you all for this application. I will write a short report (required for all special exceptions) and upload all
materials for review before the Board date.
104
I also received your site plan, which I will be the lead reviewer on. That Site Review Committee date will be Thursday,
July 18'h, and review comments will be due to you by that Monday the 151h. Please let me know if you have any
questions!
Best,
Tor,
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
105
Tor! Kanellopoulos
From: Cheryl Skeen
Sent: Wednesday, June 26, 2019 9:00 AM
To: Christopher Perez; Kevin McDermott; Greg Harper; Rachel Falkenstein; Scott Clark; Tim
Padalino; David Benish; Rebecca Ragsdale; Tori Kanellopoulos; Blake Abplanalp; Howard
Lagomarsino; Stephanie Banton; Carolyn Shaffer, Sid Russell
Cc: Marsha Davis; clerk
Subject: Legal Deadline Approaching for July 17th Agenda
Just a friendly reminder that you have an item on the July 171 BOS meeting agenda.
If your item requires legal review it was due in the system by the end of the day on Friday, June 28t'.
If your item does not require legal review, please keep in mind that all executive summaries are due to the
Deputy/Assistant County Executive by Wednesday, July 31d
Cheryl Skeen, Executive Assistant
County of Albemarle
County Executive's Office
434-296-5841 ext. 3383
cskeen0-albemarle. ors
106
Tori Kanellopoulos
From: Bob Pineo <bob@designdevelopllc.com>
Sent: Tuesday, June 25, 2019 7.40 PM
To: Tori Kanellopoulos
Cc: Katherine Salata
Subject: Re: Special Exception Application: C+F Bank
Thank you for your help Tori.
We understand the special exemption would be for block G. Makes sense.
Is there anything else you need from us in regards to this item?
Best regards
Bob Pineo.
cell phone.
On Tue, Jun 25, 2019, 2:33 PM Tori Kanellopoulos <vkanellopoulos@albemarle.org> wrote:
Hi Katherine and Bob,
Please see attached documents for the drive-thru special exception. This is still on consent agenda for the Board of
Supervisors for Wednesday, July 17". There is only one condition, which is just that this special exception only applies
to Block G, as requested in the application. Please let me know if you have any questions.
Best,
Tori
From: Tori Kanellopoulos
Sent: Thursday, May 30, 2019 11:59 AM
To: Katherine Salata<k.salata@designdeveloollc.com>; Bob Pineo <bob@designdevelopllc.com>
Subject: Special Exception Application: C+F Bank
Hi Katherine and Bob,
I received your special exception application for a drive-thru for the proposed bank in Stonefield. I have tentatively
scheduled the request for Wednesday, July 17"h at 1 PM on the consent agenda for the Board of Supervisor's approval.
107
I will let you know once the clerk has confirmed this is on the schedule. Consent agenda items are approved all
together in one motion (it is not a public hearing), and are only discussed if the Board pulls them off the agenda (which
I do not see happening here, given drive-thrus are now by -right in NMD). I likely do not need any additional materials
from you all for this application. I will write a short report (required for all special exceptions) and upload all materials
for review before the Board date.
I also received your site plan, which I will be the lead reviewer on. That Site Review Committee date will be Thursday,
July 181h, and review comments will be due to you by that Monday the 151h. Please let me know if you have any
questions!
Best,
Tori
Tor! Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
108
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent Tuesday, June 25, 2019 2:34 PM
To: Katherine Salata; Bob Pineo
Subject: RE: Special Exception Application: C+F Bank
Attachments: Attach B Staff Analysis.docx; Attach C Resolution.docx; Cover Memo Stonefield Block G
Special Exception.docx
Hi Katherine and Bob,
Please see attached documents for the drive-thru special exception. This is still on consent agenda for the Board of
Supervisors for Wednesday, July 17". There is only one condition, which is just that this special exception only applies to
Block G, as requested in the application. Please let me know if you have any questions.
Best,
Tori
From: Tori Kanellopoulos
Sent: Thursday, May 30, 201911:59 AM
To: Katherine Salata<k.salata@designdevelopllc.com>; Bob Pineo <bob@designdevelopllc.com>
Subject: Special Exception Application: C+F Bank
Hi Katherine and Bob,
I received your special exception application for a drive-thru for the proposed bank in Stonefield. t have tentatively
scheduled the request for Wednesday, July 17a` at 1 PM on the consent agenda for the Board of Supervisor's approval. I
will let you know once the clerk has confirmed this is on the schedule. Consent agenda items are approved all together
in one motion (it is not a public hearing), and are only discussed if the Board pulls them off the agenda (which I do not
see happening here, given drive-thrus are now by -right in NMD). I likely do not need any additional materials from you
all for this application. I will write a short report (required for all special exceptions) and upload all materials for review
before the Board date.
I also received your site plan, which I will be the lead reviewer on. That Site Review Committee date will be Thursday,
July Ir, and review comments will be due to you by that Monday the 151. Please let me know if you have any
questionsl
Best,
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
109
Tori Kanell000ulos
From: Megan Nedostup
Sent: Monday, June 24, 2019 3:38 PM
To: Tori Kanellopoulos
Subject: RE: Special Exception Stonefield Block G - allow drive-thrus by -right
Attachments: Cover Memo Stonefield Block G Special Exception-mnedits.docx; Attach B Staff Analysis-
mnedits.docx
See attached. I think I would use 2 for this one:
Changes to the arrangement of buildings and uses shown on the plan, provided that the
major elements shown on the plan and their relationships remain the same
They are changing the arrangement of uses shown on the plan/COD.
I didn't have any other changes. Thanks!
Megan Nedostup, AICP
(pronounced nuh-DAHST-up)
Principal Planner
Community Development Department
Planning Services
ph: 434.296.5832 ext. 3004
From: Tor! Kanellopoulos
Sent: Friday, June 21, 2019 9:58 AM
To: Megan Nedostup <mnedostup@albemarle.org>
Subject: Special Exception Stonefield Block G - allow drive-thrus by -right
Hi Megan,
Please see attached documents for the special exception request for Stonefield Block G to allow drive -through windows
by -right. I know David had coordinated with the applicant and said they could do a special exception, since drive -
through windows are now allowed by -right in NMD since 2016 (but are still SP in Stonefield's COD). However, I can't
figure out where this request fits under in 18-8 (see my comments in the attached docs). This is scheduled to go July 17th
on consent for approval, so my documents are due in Granicus June 28th (next Friday).
Thanks and hope you're enjoying the time off!!
Tori
Tor! Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
110
Tori Kaneil000ulos
From: Tori Kanellopoulos
Sent: Friday, June 21, 2019 9:58 AM
To: Megan Nedostup (mnedostup@albemarle.org)
Subject: Special Exception Stonefield Block G - allow drive-thrus by -right
Attachments: Attach B Staff Analysis.docx; Attach C Resolution.docx; Cover Memo Stonefield Block G
Special Exception.docx
Hi Megan,
Please see attached documents for the special exception request for Stonefield Block G to allow drive through windows
by -right. I know David had coordinated with the applicant and said they could do a special exception, since drive -
through windows are now allowed by -right in NMD since 2016 (but are still SP in Stonefield's COD). However, I can't
figure out where this request fits under in 18-8 (see my comments in the attached docs). This is scheduled to go July 17th
on consent for approval, so my documents are due in Granicus June 28th (next Friday).
Thanks and hope you're enjoying the time off!!
Tori
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
111
Tori Kanellopoulos
From:
Claudette Borgersen on behalf of clerk
Sent:
Monday, June 10, 2019 1:18 PM
To:
Alyssa Mezzoni; Ana Kilmer; Andrew Knuppel; Andy Reitelbach; Bill Fritz; Blake
Abplanalp; Brent Nelson; Carla Harris - CDD; Carolyn Shaffer; Cheryl Skeen; Ches
Goodall; Christopher Perez; Claudette Borgersen; County Attorney, David Benish; Elise
Kiewra; Greg Harper; Jack Kelsey; Jennifer Johnston; Johnathan Newberry; Kevin
McDermott; Lea Brumfield; Leadership Council; Lisa Breeden; Margaret Maliszewski;
Megan Nedostup; Michaela Accardi; OMB; Pam Shifflett; Peter Lynch; Phil Giaramita;
Rachel Falkenstein; Rebecca Ragsdale; Roclo Lamb; Ruth Emerick; Scott Clark, Sherry
Short; Siri Russell; Stacy Pethia; Stephanie Banton; Steven Allshouse; Tex Weaver, Tia
Mitchell; Tori Kanellopoulos
Cc:
Travis Morris
Subject:
July Agenda's
Attachments:
0d Agenda_Staff.pdf, 00 Agenda_Staff.pdf
Good Afternoon,
Attached are the tentative agendas for the July 3 and June 17 Board of Supervisor's meetings. If you have any
changes or deletions, please e-mail clerk(d-)albemarle.org by Wednesday, June 12.
Please note the due dates for Executive Summaries and Agenda Material:
JULY 3:
EXECUTIVE SUMMARIES DUE TO COUNTY ATTORNEY NO LATER THAN FRIDAY, JUNE 14.
ALL AGENDA MATERIAL DUE TO CLERK NO LATER THAN MONDAY, JUNE 24.
JULY 17:
EXECUTIVE SUMMARIES DUE TO COUNTY ATTORNEY NO LATER THAN FRIDAY, JUNE 28.
ALL AGENDA MATERIAL DUE TO CLERK NO LATER THAN TUESDAY, JULY 9.
Please be sure to make agenda requests and changes to any items that have been entered into the Agenda
Item Request Form. You will need to sign in with your AC credentials.
Executive Summary Deadlines for agenda items can be found here.
The deadlines for requesting agenda items for the 2019 meetings can be found on the here. Please be
advised that requests made after these dates will be placed on the next available agenda.
Please let me know if you have any questions.
Best Regards,
Claudette K. Borgersen
Clerk, Albemarle County Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
(434) 296-5843 ext. 3405
cbor ersen albemarle.or
112
Tori Kanellopoulos
From: Office of the Clerk < no-reply@sharepointonline.com >
Sent: Thursday, May 30, 2019 4:42 PM
To: Claudette Borgersen; Travis Morris; Mark Graham; Tori Kanellopoulos; Claudette
Borgersen; Tori Kanellopoulos
Cc: Cheryl Skeen; Sid Russell
Subject: Claudette Borgersen made a change to Special Exception to vary Stonefield Code of
Development ZMA2001-7 to allow for drive-thru per 18-8.5.5.3
Please do not reply to this message as it was sent from an unmonitored account. If you have questions about this e-
mail or the board agenda item request process, contact the Office of the Clerk.
Claudette Borgersen has changed this agenda item:
Change made: Approved for 7/17/2019. Deadline to legal for review is 6/28.
Agenda item title: Special Exception to vary Stonefield Code of Development ZMA2001-7 to allow for drive-thru per
18-8.5.5.3
Board mtg date: 7/17/2019 12:00:00 AM
Board action/outcome: Consent agenda for approval
Urgent? No
Agenda category: Consent AgendaTor Approval
Time needed: 0 mins (e.g., consent item)
ES required? No
TS required? Yes
Special Exception Memorandum required? Yes
Legal review required? Yes
Primary author: Tori Kanellopoulos
Name(s) of contributing author(s): ; ; ; ;
Primary presenter: Tori Kanellopoulos
113
Name of additional presenter:
Dept bead: Mark Graham
CE lead: Doug Walker
Item requested by: Tod Kanellopoulos
Note to Clerk:
Special exception on consent agenda with recommendation for approval
My Board Agenda Items
114
Tori Kanellopoulos
From: Tori Kanellopoulos
Sent Thursday, May 30, 2019 11:59 AM
To: Katherine Salata; Bob Pineo
Subject: Special Exception Application: C+F Bank
Hi Katherine and Bob,
I received your special exception application for a drive-thru for the proposed bank in Stonefield. I have tentatively
scheduled the request for Wednesday, July 171 at 1 PM on the consent agenda for the Board of Supervisor's approval. I
will let you know once the clerk has confirmed this is on the schedule. Consent agenda items are approved all together
in one motion (it is not a public hearing), and are only discussed if the Board pulls them off the agenda (which I do not
see happening here, given drive-thrus are now by -right in NMD). I likely do not need any additional materials from you
all for this application. I will write a short report (required for all special exceptions) and upload all materials for review
before the Board date.
I also received your site plan, which I will be the lead reviewer on. That Site Review Committee date will be Thursday,
July le, and review comments will be due to you by that Monday the 151. Please let me know if you have any
questions!
Best,
Tori
Tor! Kanellopoulos, AICP candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
115
Tori KanelloDoulos
From: Office of the Clerk <no-reply@sharepointonline.com>
Sent: Thursday, May 30, 2019 11:42 AM
To: Mark Graham; Tori Kanellopoulos; Doug Walker; Tori Kanellopoulos; Tori Kanellopoulos
Cc: Claudette Borgersen; Travis Morris, Siri Russell; Cheryl Skeen
Subject: Tori Kanellopoulos has requested Special Exception to vary Stonefield Code of
Development ZMA2001-7 to allow for drive-thru per 18-8.5.5.3 as a future Board
agenda item
Please do not reply to this message as it was sent from an unmonitored account. If you have questions about this e-
mail or the board agenda item request process, contact the Office of the Clerk.
Agenda item title: Special Exception to vary Stonefield Code of Development ZMA2001-7 to allow for drive-thru per 18-
9.5.5.3
Board mtg date: 7/17/201912:0000 AM
Board action/outcome: Consent agenda for approval
Urgent? No
Agenda category: Consent Agenda:For Approval
Time needed: 0 mins (e.g., consent item)
ES required? No
TS required? Yes
Special Exception Memorandum required? Yes
Legal review required? Yes
Primary author: Tor! Kanellopoulos
Name(s) of contributing author(s): ; ; ; ;
Primary presenter: Tori Kanellopoulos
Name of additional presenter:
Dept head: Mark Graham
CE lead: Doug Walker
Item requested by: Tori Kanellopoulos
Board action/outcome: Consent agenda for approval
116
Note to Clerk:
Special exception on consent agenda with recommendation for approval
My Board Agenda Items
117
Tori Kanellopoulos
From:
Tori Kanellopoulos
Sent:
Tuesday, April 30, 2019 2:40 PM
To:
Katherine Salata
Cc:
Bob Pineo
Subject:
RE: Applying for a Special Exception
Hi Katherine,
Thank you for your draft application. It looks good to me — I don't see anything missing there.
One thing to note is that the property owner's signature will be required on the application (that is, whoever owns
parcels in Block G). It looks like it may all be one parcel at the moment.
Ideally the Code of Development would be changed for all Blocks in Stonefield, however that would require the
signatures of all parcel owners in the development, which would be an extra burden for you all. If you want to check
with the owner of some of the larger portions of Stonefield and see if they are interested in extending this special
exception to other Blocks, you may do so, but this is not a requirement.
This is a straightforward special exception that can go on the Board's consent agenda. This means there is no public
hearing or discussion, unless the Board decides to pull the item (this is rare). Given that drive-thru's are by -right in NMD
zoning, this is really a formality/technicality to do the special exception. Once you submit your application, I will get it
scheduled as soon as possible. [ will still need to write a summary but it is a simple review.
Best,
Tori
From: Katherine Salata <ksalata@designdevelopllc.com>
Sent: Tuesday, April 30, 201910:56 AM
To: Tori Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: Bob Pineo <bob@designdevelopllc.com>
Subject: Re: Applying for a Special Exception
Hello Tori,
Thank you for walking us through the application process for a Special Exception. We have put together a booklet that
believe meets all the criteria for the application. Would it be possible for you to glance through it to see if there are any
issues that might slow the approval down before we send in our final submission? If you are able to do so, the booklet is
linked below. Thanks!
2019-04-30 Special Exception Booklet
Best,
Katherine
On Tue, Apr 23, 2019 at 3:28 PM Tori Kanellopoulos <ykanellopoulos@albemarle.ore> wrote:
Hi Katherine,
118
My name is Tori, and I will likely be the Planning Reviewer for your application. After talking with David, it sounds like
he checked with Zoning and that you would need a Special Exception to Stonefield's Code of Development ZMA2001-
7). The special exception application can be found here. I am not sure if someone else already got back to you all, but
here is the process:
The Special Exception is scheduled for the Board of Supervisors within 90 days of submittal. Assuming Staff
recommends approval, it is scheduled on the consent agenda and is approved at the beginning of the meeting (and is
not a public hearing). This seems like a straightforward request, as drive-thrus are now by -right, and this is really just an
amendment to the Code of Development for Stonefield. Staff writes a brief report which analyzes the request and
makes a recommendation. See an example attached (which is also a variation to the Code of Development, like your
application).
You would need to submit an application that addresses the criteria under Zoning Ordinance 18-8.5.5.3 (variations
from approved codes). There are five (5) criteria listed under section c. You do not need a long narrative, however you
do need to specifically address those requirements. Most are very brief (e.g. #4 a special use permit is not required).
Please also reference Page 37 (Page 52 out of 62 in PDF) of the Code of Development to show where the Code is being
varied.
You may submit the special exception at any time in the process, including concurrently with the site plan. The special
exception must be approved before the site plan may be approved, however we can begin reviewing the site plan at
any time. It could even be ready for approval and just wait for the special exception to be approved.
Therefore, you would also need either a Major Site Plan Amendment or an Initial and then Final Site Plan for the bank.
They are fairly similar processes and timelines, although the Major is just one application.
Please let me know if you have any questions!
Best,
Tor!
Tori Kanellopoulos, AICP Candidate
Planner
Community Development Department
119
Phone: 434-296-5832 ext. 3270
From: Katherine Salata <k.salata@designdeveloollc.com>
Sent: Wednesday, April 17, 2019 10:19 AM
To: David Benish <DBENISH albemarle.or >; Tor! Kanellopoulos <vkanellopoulos@albemarle.org>
Cc: Bob Pineo <bob@desiendevelopllc.com>
Subject: Applying for a Special Exception
Hello David and Tod,
I am with the architecture firm Design Develop and we are working on a new C&F Bank to be located in Block G of
Stonefield.
.The Code of
Development allows for tinanc[al institutions in this location; however we have an associated drive-thru window which
requires a special use permit. Following the zoning text amendment that was approved in 2016 to make a drive thru
window by right, death McMahon mentioned that we may request a Special Exception to revise the use table in the
Code of Development, rather than apply for a Special Use Permit for this drive-thru window. The ARB voted in favor of
allowing a drive thru window at this location at their meeting this past Monday. Could you please explain the process to
apply for this Special Exception moving forward? Thanks!
Best,
Katherine
120
121
Tori Kanellopoulos
From: Katherine Salata <k.salata@designdevelopllc.com>
Sent: Tuesday, April 30, 2019 10:56 AM
To: Tori Kanellopoulos
Cc: Bob Pineo
Subject: Re: Applying for a Special Exception
Hello Tori,
Thank you for walking us through the application process for a Special Exception. We have put together a booklet that I
believe meets all the criteria for the application. Would it be possible for you to glance through it to see if there are any
issues that might slow the approval down before we send in our final submission? If you are able to do so, the booklet is
linked below. Thanks!
2019-04-30 Special Exception Booklet
Best,
Katherine
On Tue, Apr 23, 2019 at 3:28 PM Tori Kanellopoulos <vkanellopoulos@albemarie.org> wrote:
Hi Katherine,
My name is Tod, and i will likely be the Planning Reviewer for your application. After talking with David, it sounds like
he checked with Zoning and that you would need a Special Exception to Stonefield's Code of Development (ZMA2001-
7). The special exception application can be found here. I am not sure if someone else already got back to you all, but
here is. the process:
The Special Exception is scheduled for the Board of Supervisors within 90 days of submittal. Assuming Staff
recommends approval, it is scheduled on the consent agenda and is approved at the beginning of the meeting (and is
not a public hearing). This seems like a straightforward request, as drive-thrus are now by -right, and this is really just an
amendment to the Code of Development for Stonefield. Staff writes a brief report which analyzes the request and
makes a recommendation. See an example attached (which is also a variation to the Code of Development, like your
application).
You would need to submit an application that addresses the criteria under Zoning Ordinance 18-8.5.5.3 (variations
from approved codes). There are five (5) criteria listed under section c. You do not need a long narrative, however you
do need to specifically address those requirements. Most are very brief (e.g. #4 a special use permit is not required).
Please also reference Page 37 (Page 52 out of 62 in PDF) of the Code of Development to show where the Code is being
varied.
You may submit the special exception at any time in the process, including concurrently with the site plan. The special
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exception must be approved before the site plan may be approved, however we can begin reviewing the site plan at
any time. It could even be ready for approval and just wait for the special exception to be approved.
Therefore, you would also need either a Major Site Plan Amendment or an Initial and then Final Site Plan for the bank.
They are fairly similar processes and timelines, although the Major is just one application.
Please let me know if you have any questions!
Best,
Tori
Tori Kanellopoulos, AiCP Candidate
Planner
Community Development Department
Phone: 434-296-5832 ext. 3270
From: Katherine Salata <k.salata@designdevelop] lc.com>
Sent: Wednesday, April 17, 2019 10:19 AM
To: David Benish <DBENISH@albemarle.org>; Tori Kanellopoulos <vkane!lopoulos@albemarle.org>
Cc: Bob Pineo <bob@designdeveloplic.com>
Subject: Applying for a Special Exception
Hello David and Tori,
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I am with the architecture firm Design Develop and we are working on a new C&F Bank to be located in Block G of
Stonefield.
Code of
Development allows for financial institutions in this location; however we have an associated drive-thru window which
requires a special use permit. Following the zoning text amendment that was approved in 2016 to make a drive thru
window by right, Heath McMahon mentioned that we may request a Special Exception to revise the use table in the
Code of Development, rather than apply for a Special Use Permit for this drive-thru window. The ARB voted in favor of
allowing a drive thru window at this location at their meeting this past Monday. Could you please explain the process to
apply for this Special Exception moving forward? Thanks!
Best,
Katherine
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n
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