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HomeMy WebLinkAbout20030709actions ACTIONS Board of Supervisors Meeting of July 9, 2003 July 16, 2003 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. • Meeting was called to order at 3:30 p.m., by the Chairman, Lindsay Dorrier and Will Rieley. All BOS members present. 2. Presentation: Crozet Neighborhood Master Plan, Consultant’s Final Report. • ADOPTED a Resolution of Intent to amend the Comprehensive Plan. Clerk: Forward adopted resolution to Planning (Attachment 1) 5. Call to Order. • Meeting was called to order at 6:00 p.m., by the Chairman. All BOS members present. Also present were Bob Tucker, Larry Davis, David Benish and Georgina Smith. 8. From the Public: Matters not Listed on the Agenda. • Preston Coiner, of Coiners’ Scrap Iron and Metal expressed concerns about the County’s curdside recycling program. • Jeff Wimsett, a resident of Gilbert Station Road, expressed concerns about the paving of this road. • Kelvin Hawkins, representing St. John’s Baptist Church, asked the Board to expedite their special use permit request. • Robert Couch, Jr., owner of A & W Collectibles located on Route 250, spoke about the roadwork being done on Route 250 East and how it is affecting his business. He said that he should get some compensation for the loss of income due to the road being closed longer than it was expected to be. The Board urged VDOT to expedite their work due to the impact the road closure is having on businesses that depend upon Route 250 East. • Annette Jareb also expressed concerns about VDOT’s closure of Route 250 and the affect it is having on businesses. Clerk: Forward comments to VDOT. 9.2. Set public hearing for August 6, 2003 on a request to amend the Albemarle County Service Authority service area boundaries for water and sewer to Tax Map 56, Parcel 86, Lots 14 and 15 (Barry Easter). • SET public hearing for August 6, 2003 to consider providing public water and sewer to the site. Clerk: Advertise public hearing for August 6, 2003. 9.3. Set public hearing for August 6, 2003 to consider granting proposed easement to Dominion Virginia Power across Tax Map 61 Parcel 28. • SET public hearing for August 6, 2003 to consider granting the proposed easement. Clerk: Advertise public hearing for August 6, 2003. 9.4. Request from George K. Noteman for Military Leave Pay and Benefits (P-83). Kimberly Suyes: Proceed as approved. • APPROVED. 10. Public Hearing to consider the adoption of an ordinance to amend section 2-101, Jack Jouett Magisterial District, and section 2-106, White Hall Magisterial District, of Article I, Elections, of Chapter 2, Administration of the Albemarle County Code. • ADOPTED the ordinance. Clerk: Forward copy of signed ordinance to the County Attorney’s office, Planning and Registrar. (Attachment 2) 11. Public Hearing to consider authorizing the County to grant the City of Charlottesville a gas line easement across property identified as Tax Map Parcel 91-2E, adjacent to the Monticello Fire Station. • APPROVED the proposed easement. County Attorney’s Office: Provide Clerk’s office with a copy of fully signed documents. 12. SP-2002-079. Old Trail Golf Club Entrance (Signs #21&51). • APPROVED SP-2003-079, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 13. SP-2003-007. Greenbrier Service Center (Sign #43). • APPROVED SP-2003-007, by a vote of 6:0, subject to the 7 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 14. SP-2003-018. Olivet Presbyterian Church Amendment (Signs #82&86 • APPROVED SP-2003-018,by a vote of 6:0, subject to the 8 conditions recommended by the Planning Commission and amended at the Board meeting. Clerk: Set out conditions below. (Attachment 3) 15. ZMA-2003-001. Four Seasons Proffer Amendment (Signs #63,64&65). • APPROVED ZMA-2003-001, by a vote of 6:0, subject to the proffers signed by Philip G. Wendel, President and signed on May 25, 2003, dated July 9, 2003. Clerk: Set out proffers. (Attachment 3) 16. SP-2003-017. Four Seasons School Amendment (Sign #38). • APPROVED SP-2003-017, by a vote of 6:0, subject to the 3 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 17. SP-2003-028. Matheny Well Drilling (Signs #57&66). • APPROVED SP-2003-028, by a vote of 6:0, subject to the 4 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 18. SP-2003-031. Albemarle County Fire Communications Amendment (Signs #12&13). • APPROVED SP-2003-031, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 19. SP-2003-032. Albemarle County Fire Department Communications Amendment (Signs #20&22). • APPROVED SP-2003-032, by a vote of 6:0, subject to the 5 conditions recommended by the Planning Commission. Clerk: Set out conditions below. (Attachment 3) 20. Ivy Creek Agricultural/Forestal District Review. • ADOPTED the ordinance. Clerk: Set out below (Attachment 4) 21. From the Board: Matters Not Listed on The Agenda. • At the request of Mr. Rooker, Mr. Davis provided the Board with an update on the status of the Hollymead proffers. Sally Thomas • Mentioned the extension of the ACSA water lines in the Ivy area. She asked staff about the jurisdiction for this area. Planning Staff: Provide response. /gak Attachment 1 – Resolution of Intent to amend the Comprehensive Plan. Attachment 2 – Ordinance for Jack Jouett Magisterial District & White Hall Magisterial District. Attachment 3 – Conditions of Approval for Planning items. Attachment 4 - Ordinance Ivy Creek Agricultural and Forestal District. Attachment 1 RESOLUTION OF INTENT WHEREAS, Section 7 of The Neighborhood Model: Building Block for the Development Areas, a part of the Albemarle County Comprehensive Plan, sets forth Guidelines for Implementation of the Neighborhood Model; and WHEREAS, the second of these Guidelines states: fund and develop individual Master Plans for the Development Areas; and WHEREAS, the Community of Crozet was selected by the Board of Supervisors on October 17, 2001 as the first Development Area to be master planned, and a Request for Proposals was prepared and awarded for consulting services to assist the County in preparing the master plan in collaboration with residents and other stakeholders; and WHEREAS, after an extensive public involvement process, consultation with property owners and other stakeholders, the Crozet Development Area Master Plan has been completed and presented to the Board of Supervisors and Planning Commission meeting in joint session. NOW, THEREFORE, BE IT RESOLVED THAT for the purposes of further implementing the Neighborhood Model, a part of the Albemarle County Comprehensive Plan, the Albemarle County Planning Commission and Board of Supervisors hereby adopt a resolution of intent to amend the Community of Crozet Profile as included in the Comprehensive Plan, Land Use Plan; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. * * * * * Attachment 2 ORDINANCE NO. 03-2(2) AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2, Administration, Article I, Elections, is hereby amended and reordained as follows: By Amending: Sec. 2-101 Jack Jouett Magisterial District. Sec. 2-106 White Hall Magisterial District. Sec. 2-101 Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676 and 601); then east and south on Garth Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U.S. Route 29/250 Bypass; then south along the U.S. Route 29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville; then meandering north and east along the limits of the City of Charlottesville to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. B. Voting precincts: The district shall be divided into three (3) voting precincts, as described herein: 1. Belfield Precinct: Beginning at the intersection of Garth Road (State Route 601) and Ivy Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its intersection with U. S. Route 29/250 Bypass; then northeast on U. S. Route 29/250 Bypass to its intersection with the western limits of the City of Charlottesville and Barracks Road, then northwest along Barracks Road to its intersection with Garth Road; then northwest along Garth Road to its intersection with Ivy Creek, the point of origin. 2. Georgetown Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south on Hydraulic Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to its intersection with Barracks Road (State Route 654); then southeast along Barracks Road to its intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits north and east to the intersection of Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the point of origin. 3. Jack Jouett Precinct: Beginning at the intersection of Barracks Road (State Route 654) and its intersection with Georgetown Road (State Route 656); then northeast on Georgetown Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth Road (State Routes 614, 676, and 601); then east and south on Garth Road to its intersection with Barracks Road; then east and south on Barracks Road to its intersection with Georgetown Road, the point of origin. 4. University Hall Precinct: Beginning at the intersection of the U.S. Route 29/250 Bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then north on said fire road to its intersection with Lewis Mountain Parkway; then north on Lewis Mountain Pkwy to its intersection with Reed Lane; then north on Reed Lane to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection with the northwestern city limits, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Belfield Precinct: St Anne’s Belfield Lower School, Faulconer Drive, Convocation Center. 2. Georgetown Precinct: Albemarle High School, 2775 Hydraulic Road. 3. Jack Jouett Precinct: Jack Jouett Middle School, 210 Lambs Lane. 4. University Hall Precinct: University Hall, 300 Massie Road. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(2), § 2-102; Ord. 01-2(1), 5-9-01; Ord. 03-2(2), 7-9-03) Sec. 2-106 White Hall Magisterial District. The White Hall Magisterial District shall be bounded, and contain voting precincts and polling places, as follows: A. Description of district: Beginning at the intersection of the unnamed northern branch of the Mechums River and the Albemarle/Nelson County line; then meandering east along the unnamed branch to its confluence with the Mechums River; then continuing northeast along the Mechums River to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest along the Albemarle/Rockingham County line to its intersection with the Albemarle/Augusta County line; then south along the Albemarle/Augusta County line to its intersection with the Albemarle/ Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with the unnamed northern branch of the Mechums River, the point of origin. B. Voting precincts: The district shall be divided into four (4) voting precincts, as described herein: 1. Yellow Mountain Precinct: Beginning at the intersection of the Albemarle/Nelson County line and its intersection with Batesville Road (State Route 636); then east on Batesville Road to its intersection with Ortman Road (State Route 691); then north on Ortman Road to its intersection with Rockfish Gap Turnpike (U. S. Route 250); then east on Rockfish Gap Turnpike to its intersection with Interstate 64; then east on Interstate 64 to its intersection with the Mechums River; then meandering southwest along the Mechums River to its confluence with an unnamed northern branch of the Mechums River; the meandering west along the unnamed northern branch of the Mechums River to its intersection with the Albemarle/Nelson County line; then northwest on the Albemarle/Nelson County line to its intersection with State Route 636, the point of origin. 2. Brownsville Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Albemarle/Augusta County line; then southwest along the Albemarle/Augusta County line to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson County line to its intersection with Batesville Road (State Route 636); then east on Batesville Road to its intersection with Ortman Road (State Route 691); then north on Ortman Road to its intersection with Rockfish Gap Turnpike (U. S. Route 250); then east on Rockfish Gap Turnpike to its intersection with Interstate 64; then east on Interstate 64 to its intersection with the Mechums River; then northeast along the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road to its intersection with the Albemarle/Augusta County line, the point of origin. 3. Crozet Precinct: Beginning at the intersection of Jarmans Gap Road (State Route 611) and the Albemarle/Augusta County line; then northeast with the Albemarle/Augusta County line to its intersection with the Albemarle/ Rockingham County line; then northeast with the Albemarle/ Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then northwest on Jarmans Gap Road (State Route 611) to its intersection with the Albemarle/Augusta County line, the point of origin. 4. Earlysville Precinct: Beginning at the intersection of Seminole Trail (U.S. Route 29) and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with Dyke Road (State Route 810); then south on Dyke Road to its intersection with Markwood Road (State Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 671); then southwest on Davis Shop Road to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene County line, the point of origin. 5. Free Union Precinct: Beginning at the Albemarle/Rockingham/ Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the Mechums River; then meandering northeast with the Mechums River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with Davis Shop Road (State Route 671); then northeast on Davis Shop Road to its intersection with Markwood Road (State Route 664); then north on Markwood Road to its intersection with Dyke Road (State Route 810); then north on Dyke Road to its intersection with the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of origin. C. Polling places: Each voting precinct shall have a polling place at the location identified below: 1. Yellow Mountain Precinct: Mount Ed Baptist Church, 1606 Craigs Store Road. 2. Brownsville Precinct: Brownsville Elementary School, 5870 Rockfish Gap Turnpike. 3. Crozet Precinct: Crozet Elementary School, 1407 Crozet Avenue. 4. Earlysville Precinct: Broadus Wood Elementary School, 185 Buck Mountain Road. 5. Free Union Precinct: Free Union Baptist Church, Millington Road, Free Union. (8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(6), § 2-106; Ord. 01-2(1), 5-9-01; Ord. 03-2(2), 7-9-03) Attachment 3 CONDITIONS OF APPROVAL SP-2002-079. Old Trail Golf Club Entrance (Signs #21&51). Request to allow stream crossing for access to proposed Old Trail Golf Club in accord w/Sec 30.3.05.2 of the Zoning Ord. TM 55, Ps 17B1&71 & TM 56, P 41, contains 2.07 acs. Loc on Rt 250 (Rockfish Gap Turnpike) across from entrance to Western Albemarle High School. Znd R1 & R6. White Hall Dist. 1) Engineering Department approval of computations and plans documenting changes to the floodplain. Plans must show floodplain limits and levels before and after construction. Ordinance Sections 18-30.3.02.2 and 18-30.3.03.2 allow no increase in flood levels; 2) Engineering Department receipt of copies of federal and state permits for disturbance of the stream channel and any associated wetlands, including changes to the FEMA maps for the area; 3) Engineering Department approval of a final mitigation plan for repair and enhancement of the stream buffers. [17-322] The mitigation is to follow that shown on the conceptual plans titled "Conceptual Stream Impact Mitigation Plan (Lickinghole Creek)" and "Conceptual Stream Impact Mitigation Plan (Slabtown Branch)," dated 6-05-03, and the stream-bank treatment schematic titled "Root Wad Detail" received by the Engineering Department on June 9, 2003. The existing Lickinghole Creek bridge is intended to become part of the trail system for the site, but improvements or modifications to it may be part of the final mitigation plans; 4) The location and nature of the crossings are to be as shown on sheets 3 and 4 of the preliminary road plan titled "Old Trail - Western Avenue (N-S Access Road)," dated 5/10/03. However, the Lickinghole Creek crossing may be a simple span, or an arch, with road and fill elevations lower than that shown on the preliminary plan. The road profile should be as low as reasonably achievable; and 5) A plan showing all areas to be disturbed during the construction of the Slabtown Branch crossing shall be submitted to the Planning Department. A Phase I archaeological survey shall be completed in those areas, and appropriate mitigation measures shall be carried out as directed by Planning staff, prior to issuance of a grading permit for the Slabtown Branch crossing. _______________________ SP-2003-007. Greenbrier Service Center (Sign #43). Request to allow expansion of motor vehicle sales & rental in accord w/Sec 22.2.2.8 of the Zoning Ord. TM 61 P 148 contains 1.636 acs. Loc on Gasoline Alley (Rt 650) approx 100 ft from intersec w/Rio Rd. Znd C-1. Rio Dist 1. Only vehicles for sale and rental shall be stored/displayed in the areas generally shown for display on the “Greenbrier Service Center LLC” plan dated 5/20/03. All other vehicles shall occupy an approved parking space; 2. The entrance onto the public road shall be improved to a standard commercial entrance; 3. The required parking areas and travelways around the building shall be improved to meet current Zoning Ordinance requirements at the discretion of the Engineering Department; 4. The access to the shed to the north shall either be closed off and an alternative constructed or the applicant shall obtain the proper access easement to the shed; 5. Appropriate signage shall be provided onsite to delineate the area for customer parking and the area for storage of the vehicles for sale and rental; 6. The recommended improvements above shall be approved through a site plan amendment; and 7. Vehicles for sale and rental shall not be elevated anywhere on site. __________________________ SP-2003-018. Olivet Presbyterian Church Amendment (Signs #82&86). Request to amend SP-2000-020 to expand an existing church for office/classroom uses & outdoor recreation area in accord w/Sec 10.2.2.35 of the Zoning Ord. TM 43, P 8, contains 9.187 acs. Loc on Rt 614 (Garth Rd) approx 300 ft W of Garth Rd & Rt 676 (Owensville Rd) intersec. Znd RA & EC. Samuel Miller Dist. 1. The church’s improvements and the scale and location of the improvements shall be developed in general accord with the site plan entitled, “Olivet Presbyterian Church Special Permit Amendment and Major Site Plan Amendment,” prepared by Joseph Associates, and dated February 24, 2003 and revised May 9, 2003; 2. The area of assembly shall be limited to a maximum one hundred and ninety-two (192)-seat sanctuary; 3. Commercial setback standards, as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties (including RA zoned property); 4. There shall be no day care or private school on the site without approval of a separate special use permit; 5. Health Department approval of well and/or septic systems shall be required prior to the issuance of a building permit; 6. No parking lot lighting shall be installed in the parking areas. Only walkway lighting to the parking areas, with no more than three thousand (3,000) lumens, shall be permitted to be installed. The structure to which the lighting fixture is attached shall not be taller than three (3) feet from the ground. The walkway lighting shall be turned on only for nighttime services or meetings; 7. No outdoor recreational/play activities shall be permitted after dark; and 8. The outdoor light will be brought into compliance with the existing lighting ordinance. ______________________ ZMA-2003-001. Four Seasons Proffer Amendment (Signs #63,64&65). Request to amend existing proffers for PUD district on 7.979 acs to allow office use in existing facility. TM 61X2 Ps 4A, 4B, & 4D. Loc on Rt 1456 (Four Seasons Dr) approx 1/2 mile S of intersec of Four Seasons Dr & Rt 631 (Rio Rd W). (The Comprehensive Plan designates this property as Urban Density Residential [6.01-34 du/ac] Neighborhood 1.) Rio Dist. Original Proffer 98-04 PROFFER FORM Date: July 9, 2003 ZMA# 2003-001 Tax Map and Parcel Number(s): 061X1-00-00-004A0, 061X1-00-00-004B0, and 061X1-00-00-004D0 7.979 Acres to be rezoned from PUD Commercial/Service to PUD Commercial/Service Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation to the rezoning requested. 1. Within this commercial/service area, only the following uses shall be permitted by right: a) Pursuant to subsection 22.2.1 of Section 22.2, C-1 Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 22.2.1 numbers (b)1; (b)8; (b)12; (b)13; (b)17; (b)18; (b)19; (b)24; and, (b) 26; b) Pursuant to subsection 23.2.1 of Section 23.2, C-O Commercial zoning district, of the Albemarle County Zoning Ordinance, as those regulations exist on July 9, 2003, as set forth below: Section 23.2.1 numbers 1; 2; 5; 7; 8; 9; 12; and 13. 2. Where permitted uses under the Zoning Ordinance have been further modified, such modifications are indicated in italics and bold font. Uses which are not permitted have been indicated by strikethrough. 22.2. 1 BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices--The primary business of any office use shall be either recreation or education. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2- 93) 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9- 9-92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 23.2.1 BY RIGHT The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices--The primary business of any office use shall be either recreation or education. 2. Professional offices, including medical, dental and optical. --The primary business of any office use shall be either recreation or education. 3. Financial institutions. 4. Churches, cemeteries. 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. Such uses in combination shall not occupy more that twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing services; -Central reproduction and mailing services and the like; -Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; -(Repealed 3-17-82) -Sale/service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel. (Added 12-3-86) 7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 9. Temporary construction uses (reference 5.1.18). 10. Dwellings (reference 5.1.21). (Added 3-17-82) 11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) 13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01) Four Seasons of Virginia LLC: By: (Signed) Philip G. Wendel___ Philip G. Wendel, President May 25, 2003 ______________________ SP-2003-017. Four Seasons School Amendment (Sign #38). Request to allow priv school in accord w/Sec 20.4.2(1) of the Zoning Ord. TM 61X2 P 4B contains 2.256 acs. Loc on Rt 1456 (Four Seasons Dr) approx 1/2 mile S of intersec of Four Seasons Dr & Rt 631 (Rio Rd W). Znd PUD & Airport Protection Overlay. Rio Dist 1. Maximum enrollment will be eighty-five (85) students; 2. Normal hours of operation for school shall be from 7:30 a.m. to 6:00 p.m. with occasional uses in the evenings and weekend; and 3. The applicant shall construct a pedestrian pathway connecting the school and pool buildings to Four Seasons Drive, to a standard acceptable to the Departments of Planning and Engineering and Public Works. The pedestrian pathway shall be complete by December 31, 2003. _______________________ SP-2003-028. Matheny Well Drilling (Signs #57&66). Request to allow well drilling business in accord w/Sec 10.2.2(31) of the Zoning Ord. TM 84, P 14E2, contains 2.586 acs. Znd RA. Loc on Kacey Lane, approx 700 ft NW from the intersec of Kacey Lane & Rt 635 (Craigs Store Rd). Samuel Miller Dist. 1. There shall be no outdoor storage permitted except for the five (5) foot by twenty-one (21) foot outdoor storage area for piping as shown on the sketch plan in Attachment A; 2. The home occupation shall have no more than ten (10) visits per week; 3. No more than four (4) vehicles associated with the home occupation shall be parked on the site at any given time (one drill rig, one service truck, and two pickup trucks); and 4. Hours for the home occupation shall be Monday through Friday, 6:00 a.m. to 8:00 p.m. _______________ SP-2003-031. Albemarle County Fire Communications Amendment (Signs #12&13). Request to allow attachment of antenna, consisting of two 15-inch segments supporting communications for the County of Albemarle's Fire-Rescue services, at 165 ft on existing tower 205-foot tall tower, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 91, P 28, contains 234.165 acs. Znd RA. Loc on Carter's Mountain Trail, approx 1 mile S of intersec w/Rt 53 (Thomas Jefferson Parkway). Scottsville Dist 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The highest portions of the antennas shall not exceed one hundred and sixty-five (165) feet above ground; b. The antennas shall not exceed seven (7) feet in height nor two (2) feet in width, and shall be of a color that matches the tower; c. The antennas shall be mounted no further than two (2) feet from the tower structure; and d. The antennas subject to this approval may be replaced administratively, provided that the sizing, mounting distances and heights of the replacement antennas are as proposed by the applicant. 3. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 4. The permittee shall submit a report to the Zoning Administrator once (1) per year, by not later than July 1 of that year. The report shall identify each user of the tower; and 5. The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. _____________________ SP-2003-032. Albemarle County Fire Department Communications Amendment (Signs #20&22). Request to install an add'l antenna at an existing emergency communication facility, in accord w/Sec 10.2.2.6 of the Zoning Ord. TM 109, P 60, contains approx 111.5 acs. Znd RA. Loc on Fan Mountain Road approx 4.5 mls from the intersec w/Rt 29 S, past the University of Virginia’s Fan Mountain Observatory. Scottsville Dist. 1. The tower shall not be increased in height; 2. The additional antenna may be attached only as follows: a. The antenna design shall be as shown on the attached brochure, entitled “Ground Plane Omni Antenna”, dated July 8, 2003; b. The highest portions of the antenna shall not exceed 104 feet above ground; c. The new antenna shall be attached to the tower by two mounting brackets at 97 and 99 feet above ground. The mounting brackets shall extend no more than five (5) feet from the tower structure. The center pole of the antenna shall be mounted no further than six (6) feet from the face of the tower structure. The maximum height of the antenna shall not exceed eighty (80) inches. The height above the base plate shall not exceed 60 inches. The maximum width shall not exceed thirteen (13) feet. The antenna shall be a color that matches the tower; d. All ground equipment related to this antenna shall be contained within the existing building; and e. The antenna subject to this approval may be replaced administratively, provided that the matches the tower; 3. With the exception of the safety lighting required by Federal Aviation Administration regulations, outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required by Section 4.17 of the Zoning Ordinance; 4. The permittee shall submit a report to the Zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower; and The tower and all supporting facilities shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless communications purposes is discontinued. Attachment 4 ORDINANCE NO. 03-3(1) AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, OF CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal Districts, of the Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows: By amending: Sec. 3-217 Ivy Creek Agricultural and Forestal District ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE DIVISION 2. DISTRICTS Sec. 3-217 Ivy Creek Agricultural and Forestal District. The district known as the “Ivy Creek Agricultural and Forestal District” consists of the following described properties: Tax map 44, parcels 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21D, 35, 35A; tax map 45, parcels 5F, 5F4, 7A. This district, created on November 2, 1988 for not more than 7 years, since amended at its last review on July 9, 2003 to continue for not more than 10 years, shall next be reviewed prior to July 9, 2013. (4-14-93; 2-14-96; Code 1988, § 2.1-4(n); Ord. 98-A(1), 8-5-98; Ord. 03-3(1), 7-9-03)