HomeMy WebLinkAbout2009-9-09
B OARD OF SUPERVISORS
T E N T A T I V E
SEPTEMBER 9, 2009
6:00 P.M. LAN E AUDITORIU M
C OUNTY OFFICE BUILDIN G
1. C all to Order.
2. Pledge of Allegiance.
3. Moment of Silenc e.
4. From the Board: Matters Not Listed on the Agenda.
5. From the Public: Matters Not Lis ted for Public Hearing on the Agenda.
6. Consent Agenda (on next sheet).
PUBLIC HEAR INGS:
7. FY 2010 Budget A mendment.
8. Darden Towe Park Lease A greement. To c ons ider the approv al of a Leas e Agreement for the tenant hous e
located in Darden Towe Park, which is jointly owned by the County of Albemarle and the C ity of
C harlottesville. The house is proposed to be leased to tenants w ho assist in maintenance of the Park.
9. PROJECT: SP2008060. Albemarle Baptist Christian School. PROPOSED : Private school with up to 40
s tudents and up to 5 teaching staff on a 6.26 acre property in conjunction with the existing Albemarle
Baptist Church. ZON ING CATEGORY/GEN ERAL USAGE: R A Rural Areas agricultural, forestal, and
fishery uses; residential dens ity (0.5 unit/acre in development lots); EC Entranc e C orridor Ov erlay to
protect properties of historic, arc hitectural or cultural significance from visual impacts of development along
routes of touris t access. SEC TION: 10.2.2.5 Private schools . C OMPREHENSIVE PLAN LAN D
U SE/DENSITY: Rural Areas preserve and protect agricultural, forestal, open space, and natural, historic
and scenic resources/ density (.5 unit/acre in dev elopment lots). ENTRANCE COR RIDOR : Yes.
LOCATION: 1685 Roslyn Ridge Rd. at n/w corner of Hydraulic Rd. (Rt. 743) and R oslyn Ridge R d. TAX
MAP/PARCEL: 061000000001E0. MAGISTERIAL D ISTRICT: J ack Jouett.
10. PROJECT: SP2008066 20 South (Amendment). PROPOSED : Amend SP 200200022 (Home
Occupation Class B) to allow three storage sheds for an exis ting catering business. ZONING
C ATEGORY/GEN ERAL USAGE: RA Rural Areas agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots). SECTION: 10.2.2 (31) Home Occupation Class B.
C OMPREHENSIVE PLAN LAN D U SE/DENSITY: Rural Areas preserve and protect agricultural, forestal,
open space, and natural, historic and scenic resources/ density (.5 unit/acre in development lots).
EN TR ANCE CORRIDOR: No. LOCATION: 1156 R oundtop Farm; east side of Rt 20 Scotts ville Road,
approx. 1400 feet north of Rt. 708 Red Hill Rd. TAX MAP/PARCEL: 102000000017E0. MAGISTERIAL
D ISTRICT: Sc ottsville.
11. PROJECT: SP2009006. Kenridge. PROPOSED: Amendment to SP200452 to change the approved
application plan. Modification c onsists of revis ed location for acc ess road and parking for the commercial
building and the elimination of one of the single family attached units. Approv ed uses remain unchanged.
ZON ING CATEGORY/ GENERAL USAGE: CO Commercial Office offices , s upporting commercial and
s ervice uses; and residential use by special use permit (15 units/acre). SECTION: 23.2.2(9) R 15
residential15 units/acre. COMPREH ENSIVE PLAN LAND USE/D ENSITY: Office Servic e office uses,
regional scale res earch, limited production and marketing ac tivities, supporting commercial, lodging and
c onference facilities, and res idential (6.0134 units/acre) and R ural Areas preserve and protect agricultural,
forestal, open s pace, and natural, historic and sc enic resourc es/ density (.5 unit/acre in development lots )
in Neighborhood 7. EN TRANC E CORRIDOR: Yes. LOCATION: North side of Ivy Road (Route 250 W es t
across from Birdwood Golf Cours e) Approximately 1/2 mile west of the intersec tion of Ivy Road and the
29/250 Bypas s. TAX MAP/PARC ELS: 60K/61 & A2. MAGISTERIAL DISTRIC T: Samuel Miller.
12. PROJECT: SP2009016. Music Festival. PROPOSED: Special Use Permit to allow a special event at the
Misty Mountain Camp Resort. ZONIN G CATEGOR Y/GENERAL USAGE: RA R ural Areas agricultural,
forestal, and fis hery uses; res idential density (0.5 unit/acre in development lots). SEC TION : 10.2.2.50
Special events. COMPREHEN SIVE PLAN LAND USE/DEN SITY: Rural Areas preserv e and protect
agricultural, forestal, open spac e, and natural, his toric and sc enic resources/ density (.5 unit/ acre in
development lots ). ENTRAN CE C ORR IDOR: Yes. LOCATION: 56 Misty Mountain Road, approx. three
quarters of a mile west of 64E junction. TAX MAP/PARCEL: 07100000000300. MAGISTERIAL DISTRIC T:
Samuel Miller.
13. EMS Revenue Recovery Ordinance. Proposed ordinance to amend Chapter 6, Fire Protec tion, of the
Albemarle County Code by adding a new Article V, Emergency Medical Serv ices Cost Recov ery. Pursuant
to Virginia Code § 32.1111.14, the proposed ordinance would authorize and establish a framew ork for
c harging reas onable fees for emergency medic al services v ehic le transports provided by the Albemarle
C ounty Department of Fire and R escue and by any volunteer rescue squad that applies for and has been
is sued a permit by the County to charge fees . If the ordinanc e is adopted, it is anticipated that fees could
begin being charged in calendar y ear 2010.
14. From the Board: Matters Not Lis ted on the Agenda.
15. Adjourn.
CON SENT AGEND A
FOR APPR OVAL:
6.1 Approval of Minutes:
Ret urn t o Top of Agenda
Ret urn t o Board of Superv isors Home P age
Ret urn t o Count y Home Page
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2010 Budget Amendment
SUBJECT/PR OPOSAL/REQUEST:
Public H earing on the Proposed FY 2010 Budget
Amendment in the amount of $3,848,351.19 and
request approval of Budget Amendment and
Appropriations #2010023 and #2010024 to provide
funding for various local government and s chool
programs.
STAFF CON TA CT(S):
Messrs. Tucker, Foley and Wiggans
LEGAL R EVIEW: No
AGENDA DA TE:
September 9, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: YES
REVIEW ED BY:
BACK GROUND :
Virginia Code § 15.22507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fis cal year as shown in the currently adopted budget; provided, however, any such
amendment w hich exceeds one percent of the total expenditures shown in the currently adopted budget must be
accomplished by first publishing a notice of a meeting and holding a public hearing before amending the budget. The
Code section applies to all C ounty funds , i.e., General Fund, Capital Funds, E911, School SelfSus taining, etc.
The total of the new requested FY 2010 appropriations, itemized below, is $3,848,351.19. Because the cumulative
amount of the appropriations exceeds one percent of the currently adopted budget, a budget amendment public
hearing is required.
STRA TEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County’s growing needs.
DISCU SSION :
The proposed increase of this FY 2010 Budget Amendment totals $3,848,351.19. The estimated expenses and
revenues included in the proposed amendment are shown below:
ESTIMATED EXPEND ITURES
General Fund $ 831,453.00
Special R evenue Funds $ 113,138.00
School Program Funds $ 1,534,988.19
C apital Improvements Fund $ 1,312,902.00
Emergency Communication Center Funds $ 55,870.00
TOTAL ESTIMA TED EXPEN DITURES – All Funds $ 3,848,351.19
ESTIMATED REVEN UES
Local Revenues (Fees, C ontributions, Donations) $ 43,458.50
State Revenue $ 133,446.00
Federal R evenue $ 2,622,126.19
Other Fund Balances $ 1,049,320.50
TOTAL ESTIMA TED REVENUES – All Funds $ 3,848,351.19
The budget amendment is comprised of seven (7) separate appropriations, five (5) of which w ere recommended for
approval by staff at the Board’s September 2, 2009 meeting.
Recommended for approv al on September 2, 2009:
One (1) appropriation (#2010018) transferring $91,000.00 for road and drainage improv ements to Sun Ridge
R oad;
One (1) appropriation (#2010019) totaling $113,138.00 for a Community Policing grant;
One (1) appropriation (#2010020) totaling $55,870.00 for grants to replace equipment at the Emergency
C ommunications Center;
One (1) appropriation (#2010021) totaling $831,453.00 to change the way the Office of Facilities
D evelopment is funded; and
One (1) appropriation (#2010022) totaling $1,535,463.19 for various school programs and grants.
The tw o (2) new appropriations are as follow s:
One (1) appropriation (#2010023) reappropriating $1,195,760.00 for uncompleted general government c apital
projects; and
One (1) appropriation (#2010024) reappropriating $116.667.00 for uncompleted school capital projects.
A detailed description of these requests is provided on Attachment A.
RECOMMENDA TION S:
Staff recommends approv al of the FY 2010 Budget Amendment in the amount of $3,848,351.19 after the public
hearing, and then approval of Appropriations #2010023 and #2010024 to provide funds for various loc al government
and school projects and programs as des cribed in Attachment A.
ATTAC HMENTS
Attachment A – Desc ription of Appropriations
Ret urn t o regular agenda
Attachment A
Appropriation #2010023
$ 1,195,760.00
R evenue Sourc e: Local Rev enue $ 20,983.50
State Revenue $
77,576.00
Federal Revenue $ 996,000.00
Gen. Gov. CIP Fund Bal. $
101,200.50
This request reappropriates the urgent contract costs related to various General Gov ernment Capital Improvement
projects that were unc ompleted as of June 30, 2009. The following projects are included in the appropriation:
Hillsdale Drive sidewalk $368,468.00
Rivanna Greenway/Free Bridge C onnector Trail $89,950.00
A space s tudy for the Levy Building, formerly used $30,009.00
as the Juvenile and Domestic Relations Court
Relocation of the Sheriff’s Office to the renovated $7,333.00
J uvenile and D omestic Relations C ourt
Crozet Meadow s housing rehabilitation projec t $700,000.00
Appropriation #2010024
$116,667.00
R evenue Sourc e: School CIP Fund Balance $ 116,667.00
This request reappropriates the urgent contract costs of School Capital Improv ement projects that were
uncompleted as of June 30, 2009. This appropriation includes moving, furniture and change order cos ts related to
the following projects:
Brow nsville Elementary $64,350.00
Greer Elementary $47,000.00
Albemarle H igh
Sc hool
$5,317.00
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Towe Park Tenant Hous e Lease
SUBJECT/PR OPOSAL/REQUEST:
Public H earing to consider approval of a D arden Towe
Park tenant house lease agreement.
STAFF CON TA CT(S):
Messrs. Tucker, Elliott, Davis, Herrick and Mullaney
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 9, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The City and County jointly ow n a hous e located at Darden Towe Park which is leas ed at a reduced rate in
exchange for tenants providing approx imately 50 hours of park maintenance and security tasks each month.
Earlier this year, the C ity and the County were notified by the existing tenants that they did not desire to renew
their lease and the availability of this rental property w as publically advertised for two weekends in July in the
Charlottesv ille D aily Progress. Two parties responded to the advertisement and interview s w ere c onducted by
City and County Park s and Recreation s taff. Based upon the outcome of these interviews, the Park s and
Recreation Department is recommending that the City and County enter into a leas e agreement with Ms. D oraine
Glidden and Ms. Shelia McMillian.
STRA TEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Citizens.
Goal 2: Protect the County’s Natural R esources.
DISCU SSION :
Under the proposed lease, the tenants w ould be respons ible to pay $620 monthly rent to the County and all utility
bills, and to perform the following duties:
Assure that the park entrance gates, greenbelt gate, and restrooms are opened and closed at posted times
and upon special requests;
Assure that park v isitors leave the park at posted closing times;
During closing rounds, pick up loose litter and c heck restrooms for maintenance or plumbing issues, and
correct or advise park personnel as necessary;
Assist the public with information, as needed;
Clean and stock restrooms and c leanup and remove trash from parking lots and playing areas on days when
park employees are not scheduled to work;
In the absence of park personnel, perform emergency repair(s) or maintenance of park facilities and grounds,
to the extent poss ible, and contac t park personnel;
In the absence of park personnel, enforce field closures, and unauthorized use of athletic fields and park
areas; and
Mow and trim grass around the tenant house, as outlined by the Park Foreman.
The initial term of the lease is for one y ear, beginning October 1, 2009, follow ed by up to four additional oneyear
terms. The monthly rent for the initial year w ould remain at $620 per month (determined after review by the C ounty
Asses sor’s Office) and c ould be adjus ted to reflect any change in tenant responsibilities . The propos ed lease has
been review ed and approved by the County Attorney. Virginia Code Section 15.2 – 1800(B) requires that the
Board of Supervisors hold a public hearing prior to entering into this leas e agreement. The Clerk of the Board has
advertis ed the hearing as required. C ity Council is scheduled to consider the proposed Lease Agreement on
September 21, 2009.
BUDGET IMPACT:
It is ex pec ted that the lease will generate $7,440 in annual income. In addition, hav ing the tenants perform the
listed duties is much more efficient than having County employees perform these task s.
RECOMMENDA TION S:
Staff recommends that the Board, after the public hearing, approve the attached propos ed lease agreement and
authoriz e the County Ex ecutive to sign the lease agreement.
ATTAC HMENTS
A – Tow e Park Tenant House Lease Agreement
Ret urn t o regular agenda
July 6, 2009
Marcus Deloach
1685 Roslyn Ridge Road
Charlottesv ille, VA 22901
RE: SP200800060: A lbemarle B aptist C hristian School
TAX MA P/PA RCEL: 061000000001E0
Dear Mr. Deloach:
On June 23, 2009, the Albemarle County Planning Commission, by a vote of 4:3, approved a motion to recommend
denial of the abovenoted petition to the Board of Supervisors. This recommendation of denial was based on the
following staff recommendations:
1. The existing traffic c oncerns as represented by the neighbors,
2. The potential of expansion as outlined by the applicant, and
3. The potential negative impacts on the reservoir.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on September 9, 2009. It is the Board of Supervisor’s preference that a public hearing not
be advertis ed until all of the final materials for a zoning application hav e been received by the County and are
available for public review . Therefore any new or additional information regarding your application, inc luding final
proffers if applicable, mus t be submitted to our office at least twenty three (23) days prior to your s cheduled hearing
date, w hich is August 17, 2009. Please review the attached proffer policy established by the Board of Supervisors
on December 7, 2005.
View st aff report and at tac hment s
View PC minutes : J une 9 and J une 23, 2009
Ret urn t o regular agenda
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Sincerely,
Eryn Brennan
Senior Planner
Planning D ivision
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP200860 Albemarle Baptist Christian School Staff: Eryn Brennan
Planning Commission Public Hearing: June 23, 2009 Board of Supervisors Public Hearing: tbd
Owner: Albemarle Baptist Church; Marcus Deloach, Pastor Applicant: Albemarle Baptist Church; Marcus Deloach, Pastor
Acreage: 6.26 acres Special Use Permit: 10.2.2.5 Private Schools
TMP: Tax Map 61 Parcel 1E
Location: The parcel is located at 1685 Roslyn Ridge Road, at the
northwest corner of Hydraulic Road (Route 743) and Roslyn Ridge Road
Existing Zoning and Byright use:
Rural Areas: agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre); Entrance Corridor Overlay District
Magisterial District: Jack Jouett Conditions: Yes
RA (Rural Areas): X Requested # of Dwelling Units: N/A
Proposal: To allow the use of a private school with up to 40 students
and 5 teaching staff in conjunction with the existing Albemarle Baptist
Church
Comprehensive Plan Designation:
Rural Areas – preserve and protect agricultural, forestral, open space,
and natural, historic and scenic resources/density (0.5 unit/acre)
Character of Property: The church, a timber frame and hardiplank
construction, and a substantial parking lot are located in the center of the
site. Surrounding the church and parking lot is a mix of deciduous and
evergreen woods.
Use of Surrounding Properties: The properties to the south across
Rio Road are included in the Development Areas Comprehensive
Plan Land Use and are zoned R6 Residential. The properties to the
north, east, and west are included in the Rural Area Zoning District,
and are characterized by large singlefamily residential lots. A large
church and parking lot is located east of the site.
Factors Favorable:
1. No impacts on adjacent property resulting from the proposed use.
2. The proposed use will help sustain the continuing presence of a
vibrant community church, enhancing the quality of life for its
congregation.
3. The proposed use will minimally impact the existing character of the
church building.
Factor Unfavorable:
1. An increase in vehicle trips on Hydraulic Road during peak
morning hours.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions.
STAFF PERSON: ERYN S. BRENNAN
PRIVATE PLANNING COMMISSION: JUN E 23, 2009
SP 200860 Albemarle Baptist Christian School
Petition:
PROJECT: SP200800060 Albemarle Baptist Christian School
PROPOSED: Private school with up to 40 students and up to 5 teaching staff on a 6.26 acre property in conjunction with the existing
Albemarle Baptist Church
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas agricultural, forestal, and fishery uses; residential density (0.5 unit/acre
in development lots); EC Entrance Corridor Overlay to protect properties of historic, architectural or cultural significance from visual
impacts of development along routes of tourist access
SECTION: 10.2.2.5 Private schools
COMPREHENSIVE PLAN LAND USE/DENSITY: R ural Areas preserve and protect agricultural, forestal, open space, and natural,
historic and scenic resources/ density ( .5 unit/ acre in development lots)
ENTR ANCE COR RIDOR: Yes
LOCATION: 1685 Roslyn Ridge Rd. at n/w corner of H ydraulic Rd. (Rt. 743) and Roslyn R idge Rd.
TAX MAP/PARCEL: 061000000001E0
MAGISTERIAL DISTRICT: Jack Jouett
Character of the Area:
The Albemarle Baptist Christian Church and a substantial parking lot are located in the center of the parcel (see Attachment A).
Surrounding the church and parking lot is a mix of deciduous and evergreen woods (see Attachment B). The properties to the south
are included in the Development Area and are zoned R6 Residential (see Attachment C). The properties to the north, east, and west,
designated Rural Area in the Comprehensive plan, are included in the Rural Area Zoning District, and are generally characterized by
large singlefamily residential lots. A large church and parking lot is located east of the site.
Specifics of the Proposal:
The Albemarle Baptist C hristian Church is requesting a special use permit for a private school, to allow an elementary school to open
in the fall of 2009 (see Attachment G for a complete list of special use permits applications for private schools in Albemarle County
since 1998). The school would operate on the lower level of the existing church, with a maximum of 40 students and 5 teaching staff at
this time (see Attachment D). Initially, the enrollment would be for Grades 38; however, Grades 1 and 2 and 912 would be added as
the need develops. But, any expansion beyond a maximum of 40 students and 5 teaching staff will require an amendment to this
Special Use Permit. The school would operate from September to June, and hours of operation would be limited to regular school
hours, typically 8:304:30pm. Outdoor activities would be confined to the left side yard and parking lot. Although no exterior
construction is proposed with this application, the applicant has indicated that some playground equipment w ould be purchased for the
side yard. As students would be transported by their parents, the school would not operate a bus. Students w ould bring their own
lunches since no lunch service will be provided.
Planning and Zoning History:
In 1987, the parcel was originally created as a 21.1156 acre lot with the rightofway to have only one dwelling.
In 1999, VDOT established a rightofway for the future Route 29 Bypass, essentially splitting the site into two parcels.
SP200147, a special use permit to construct a church on the site farthest from the remainder of the original residential subdivision
lots, w as approved by the Board of Supervisors on May 15, 2002 (see Attachment E and F).
An application for a special use permit, SP200249, requesting to amend the existing special use permit to relocate the entrance from
Roslyn Ridge Road to Hydraulic Road, was withdrawn on October 31, 2002.
Conformity with the C omprehensive Plan: The land uses supported by the R ural Areas chapter of the Comprehensive Plan
include agriculture, forestry, and conservation. This chapter also outlines the vision and goals for the Rural Areas, and recommends
that land uses be smallscale and consistent with traditional rural scales. As stated in the chapter, “Ensure that the scale and scope of
any new use is consistent with the existing infrastructure and character of [a] crossroads community…without any requirement for
upgrade or expansion of infrastructure” (24). The proposed private school does constitute a smallscale use in keeping with a
traditional rural scale since a 40 student maximum is proposed. Furthermore, the private school would be utilizing an existing building,
and therefore would not require an upgrade of the existing infrastructure. Five private schools in the Rural Areas have been approved
since 1998. Of those private school approvals, approximately half were for 50 students or more (see Attachment G).
Staff Comment:
This application is subject to the First Amendment's Establishment and Free Exercise Clauses and the Religious Land Use and
Institutionalized Persons Act of 2000 ("RLUIPA"). One key provision of RLUIPA states:
No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious
exercise of a person, including a religious assembly or institution, unless the government demonstrates that imposition of the burden
on that person, assembly, or institution – (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive
means of furthering that compelling governmental interest. (italics added)
42 U .S.C. § 2000cc(a)(1). RLU IPA also requires that land use regulations: (1) treat a religious assembly or institution on equal terms
with nonreligious assemblies and institutions; (2) not discriminate against any assembly or institution on the basis of religion or religious
denomination; and (3) not totally exclude religious assemblies, or unreasonably limit religious assemblies, institutions or structures,
from the locality. 42 U.S.C. § 2000cc(b).
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:
31.2.4.1: Special Use Permits provided for in this ordinance may be issued upon a finding by the Board of Supervisors that
such use will not be of substantial detriment to adjacent property,
Staff does not anticipate any detrimental impacts to adjacent property. The school would utilize existing facilities and would not
interfere with the functions of the church. VDOT has confirmed that the proposed school will not significantly impact traffic on Hydraulic
Road, as the school will be limited in size to 40 students and 5 staff. The activities of the school will also not impact residential
properties given the distance of the school from neighboring residences.
that the character of the district will not be changed thereby and
There will be no site development changes or new construction on the property. The proposed private school will make use of the
existing community building, which has always been available for use during the daytime hours that the school proposes to use the
building.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose of the Rural Areas Zoning District is the preservation of agricultural and forestal lands and activities; water supply
protection; limited service delivery to the rural areas; and conservation of natural, scenic, and historic resources. Since the school w ill
be using an existing building, the use is not in conflict with Rural Areas zoning.
with uses permitted by right in the district,
The subject property and the adjacent properties to the north, east, and west are zoned Rural Areas. The uses permitted by right
under RA zoning directly support agriculture, forestry, and conservation of rural land. The private school would not adversely affect
the permitted by right uses in the Rural Area zoning district. The private school would not negatively impact the R 6 residential zoning
district located south of the parcel, as private schools are allowed by special use permit in this zoning district.
with the additional regulations provided in section 5.0 of this ordinance,
There are no regulations in Section 5.0 of the Zoning Ordinance that apply to private schools.
and with the public health, safety and general welfare.
The public health, safety, and general w elfare of the community are protected through the special use permit process which assures
that the proposed uses are appropriate in the location requested. The Building Official has offered no concerns about the proposal.
The Albemarle County Service Authority (ACSA) has indicated that the site is not on public utilities and is served by a well and septic
system. The Health Department has stated that the current well and sewage disposal system is sufficient for the proposed school w ith
40 students and 5 teaching staff.
The proposed development of a private school with forty (40) students and five(5) staff would generate 36 trips during the morning
(7:00 – 9:00) and 24 trips during the evening (2:00 – 4:00) on Hydraulic Road. The most current traffic count for Hydraulic Road is
22,000 (2007 VDOT traffic count). There are currently three public schools to the south of the proposed development. The traffic
generation from the proposed school (as well as the public school complex) impacts the morning peak traffic period for Hydraulic Road
but does not impact the evening peak (4:00 – 6:00). Trip origin information is not known; therefore, it is possible that some of the trips
to and from the proposed school could already be traveling on Hydraulic Road. Based on a preliminary evaluation/modeling of turning
movements, VDOT staff determined that there would be a minor delay for vehicle departing Roslyn Ridge Road onto H ydraulic Road
(an additional 5 seconds for a total delay of approximately 40 seconds).
VDOT has reviewed the crash data for the intersection of Roslyn Ridge R oad at Hydraulic Road and determined that the crash rate is
very low. Based on the crash data staff evaluated from 2005 to August 31, 2008 for this intersection, there was one crash in 2006 and
there were no fatalities or injuries For the Hydraulic Road corridor between (and including) the H ydraulic Road/Rio Road intersection
and the Lambs Road/Whitewood Road intersection for the same period of time, there was an average of 18 accidents per year (over
onehalf of which were rearend accidents). This accident information is a tabulation of police accident report data. The data has not
been analyzed by VDOT (to confirm type, determine cause, trends, etc.). There were no fatal crashes or fatalities in this time period.
There is currently a left turn decision lane (center turn lane) on Hydraulic Road that serves Roslyn Ridge Road and Garden Court,
which are directly across Hydraulic Road from one another. VDOT has indicated that this left turn lane is an acceptable design at this
location to serve the proposed use.
In summary, the proposed school will have the most significant traffic impact to Hydraulic Road during the AM peak period by adding
an estimated 36 additional vehicle trips. VDOT is of the opinion that this level of impact is acceptable at this location, causing only
minor additional delays for turning movements out of R oslyn Ridge Road. How ever, further school expansion beyond this proposal
could prove problematic from a traffic standpoint, given the existing level of traffic on Hydraulic R oad. Therefore, any future expansion
that increases the number of students or staff will require a traffic impact analysis as part of the special use permit review . Additionally,
staff recommends that the applicant contact the Thomas Jefferson Planning District Commission RideShare Office to determine if their
services could benefit the applicant in reducing the number of vehicles trips generated per day.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. The private school would provide expanded educational opportunities to the community and nearby residential areas.
2. There are no anticipated detrimental impacts on adjacent property resulting from the proposed use.
3. The proposed use w ould minimally impact the existing character of the church building.
Staff has identified one factor unfavorable to this application:
1. An increase in vehicle trips on Hydraulic Road during peak morning hours.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2008060 Albemarle Baptist
Christian School, subject to the following conditions of approval. The conditions approved w ith SP 200149 are included below.
Conditions that no longer apply have been struck through and new conditions are indicated in italics.
1. The school is limited to the existing building and grounds, as indicated on the concept plan (Attachment A). Any additional building
or site changes beyond those shown on the approved site plan for SP 200147, prepared by Dex A. Sanders and dated November 28,
2007, will require an amendment to this Special Use Permit.
2. Maximum enrollment of students and staff shall be limited to forty (40) students and five (5) staff. Any increase in enrollment and/or
staff shall require an amendment to this Special Use Permit (SP 200960) and a traffic study shall be required to be submitted with the
amendment.
3. Hours of operation for the school shall be from 8:30 a.m. to 4:30 p.m., Monday through Friday, from September to June; and days
of operation shall not exceed 336, excluding special school events.
4. No additional outdoor lighting shall be allowed without an amendment to this Special Use Permit.
5. Food preparation for the private school use shall not be conducted without an amendment to this Special Use Permit.
6. All requirements of the Architectural Review Board of Supervisors shall be met, including the site plan indicating the existing tree
line and specific trees of six (6) inches or greater and retaining significant trees.
7. The area of assembly shall be limited to a maximum fourhundredthirtyfive (435) seat sanctuary.
8. Health Department approval of well and septic systems prior to final site plan approval.
9. Commercial setback standards, as set forth in Chapter 18, 21.7.2 of the Albemarle County Zoning Ordinance, shall be maintained
adjacent to residential uses or residentially zoned properties.
10. Any number of parking spaces in excess of the required minimum shall not be paved.
11. There shall be no day care center or private school onsite without the approval of a separate special use permit.
12. Construction of Phase 1 [6,800 sq. ft. sanctuary] shall commence within fortyeight (48) months or this special use permit shall
expire.
13. All requirements of VD OT shall be met prior to final site plan approval, including approval of one entrance from Roselyn Ridge
Road, with a onehundred (100)footrightturn lane and onehundred (100)foot taper lane.
ATTACHMENTS
Attachment A – C oncept Plan
Attachment B – Aerial Map
Attachment C – Zoning Map
Attachment D – Floor Plan
Attachment E – SP 200147 Staff R eport
Attachment F – Board of Supervisors Action Letter and Conditions for SP 200147
Attachment G – List and map of special use permit approvals for private schools in Albemarle C ounty since 1998
Return to PC actions letter
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 7
Attachment A
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 8
Attachment B
Attachment A
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 9
Attachment C
Attachment D
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 10
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 11
Attachment E
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 12
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 13
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 14
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 15
Attachment F
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 16
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 17
Attachment G
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 18
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 19
Map of Special Use Permit Approvals since 1998 for
Private Schools in the Rural Areas
SP 2008-60 Albemarle Baptist Christian Church School
PC June 23, 2009
Staff Report Page 20
Albemarle County Planning Commission
June 9, 2009
Items Requesting D eferral:
SP200800060 Albemarle Baptist Christian School (Signs # 2 &22) PR OPOSED: Private school with up to 40
students and up to 5 teaching staff on a 6.26 acre property in conjunction with the ex isting Albemarle Baptist
Church. ZONIN G CATEGORY/GEN ERAL USAGE: R A Rural Areas agricultural, forestal, and fishery uses;
residential density (0.5 unit/acre in dev elopment lots); EC Entrance Corridor Overlay to protect properties of
historic, architectural or c ultural significance from visual impacts of development along routes of tourist acces s.
SECTION: 10.2.2.5 Private schools . COMPR EHEN SIVE PLAN LAN D USE/DEN SITY: Rural Areas preserve
and protect agricultural, fores tal, open space, and natural, historic and scenic resources / density (.5 unit/ acre in
development lots). ENTRAN CE C ORRID OR: Yes. LOCATION: 1685 Roslyn Ridge Rd. at n/w corner of Hydraulic
Rd. (R t. 743) and Roslyn R idge Rd. TAX MAP/PARC EL: 061000000001E0. MAGISTERIAL D ISTRIC T: Jack
Jouett (Ery n Brennan)
DEFER TO JUNE 23, 2009, D UE TO A SIGN POSTING ERROR
Mr. Struck o noted that there has been a deferral request for SP200800060 to June 23, 2009.
Mr. C ilimberg noted that the deferral was requested by staff due to a sign posting error in each cas e. Staff wants to
make s ure that they had the proper sign posting before the public hearing.
Mr. Strucko opened the public hearing and invited public comment. There being none, he clos ed the public hearing
to bring the matter before the Commis sion.
Motion: Ms. Porterfield moved and Mr. Morris seconded to approve staff’s request for deferral of SP200800060,
Albemarle Baptist Chris tian School to June 23, 2009.
The motion passed by a vote of 6:0.
Mr. Strucko said that this item is being deferred to J une 23, 2009. The Planning Commission would welcome public
input at that time.
Go to next set of minutes
Return to PC actions letter
Albemarle County Planning C ommission
June 23, 2009
Deferred Items:
SP200800060 Albemarle Baptist Christian School
PROJECT: SP200800060 Albemarle Baptist C hristian School
PROPOSED: Private sc hool w ith up to 40 students and up to 5 teaching staff on a 6.26 acre property in conjunction
with the existing Albemarle Baptist Churc h
ZONING CATEGORY/GENER AL USAGE: R A Rural Areas agricultural, forestal, and fishery uses; residential density
(0.5 unit/acre in development lots); EC Entrance Corridor Overlay to protect properties of historic, architectural or
cultural significance from visual impacts of development along routes of touris t access
SECTION: 10.2.2.5 Private schools
COMPREHEN SIVE PLAN LAND USE/DENSITY: Rural Areas preserv e and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density ( .5 unit/ acre in development lots)
ENTRANCE COR RIDOR: Yes
LOCATION: 1685 Roslyn Ridge Rd. at n/w corner of Hydraulic Rd. (Rt. 743) and Roslyn Ridge R d.
TAX MAP/PARCEL: 061000000001E0
MAGISTERIAL D ISTRICT: Jack J ouett
(Eryn Brennan)
Ms. Brennan presented a PowerPoint Presentation and summarized the staff report.
The Albemarle Baptist Christian Church is reques ting a special use permit to allow a private school in an ex isting
church, w ith a maximum of 40 students and 5 teaching staff. The school would operate from September to June,
and hours of operation would be from 9 am to 3:30 pm; however staff has noted in the staff report that the hours of
operation w ould extend to 4:30 pm to allow children to be picked up from the school and teaching staff to finish out
their day.
As students would be transported by their parents, the school would not operate a bus. Students would also bring
their own lunches since no lunch service would be provided. The concept plan show s the existing building,
highlighted in orange, in which the school w ould be located. Staff parking would be located in the first row, and
visitor and parent parking located in the second row. The playground and outdoor recreational area is shown
shaded green, and you can also see in this s lide the concept plan is superimposed on a site plan that w as
approved by the Board of Supervis ors in May 2002.
In terms of conformity w ith the Comprehensive Plan, the Rural Areas chapter outlines the vision and goals for the
Rural Areas, and recommends that land uses be consistent with traditional rural scales. The proposed private
school does constitute a smallscale use in keeping with a traditional rural scale since a 40 student maximum is
proposed. Furthermore, the private school would be utilizing an existing building, and therefore w ould not require an
upgrade of the ex isting infrastructure.
Staff does not anticipate any detrimental impacts to adjacent property given the dis tance of the school from
neighboring residents, and because there will be no site development changes or new construction on the
property. VDOT has confirmed that the proposed school w ould not significantly impact traffic on Hydraulic Road,
as the school will be limited in size to 40 students and 5 staff. VDOT has assessed that the proposed school
would generate 36 additional trips in the morning and 24 trips during the afternoon from 24 pm, which would not
impact evening peak traffic, generally from 46 pm.
In order to contextualize the scope of this proposal, this slide show s a crosscomparison of this Special Use
Permit application w ith the Charlottesv ille Day School application that w as preliminarily reviewed by the Planning
Commission on September 16, 2008. The Charlottesville D ay School was requesting permission for a private
school to acc ommodate 185 to 228 students, and to construct two new buildings (in addition to the two existing
buildings) on the site. The proposed site constituted a 21.8 acre parcel characterized by open space, creeks, and
stream buffers, and the development most likely would have necessitated an intersection upgrade and new septic
facility. Bas ed on the large scale of the private school, staff determined that the proposal was not consistent w ith
the Rural Areas chapter of the Comprehensive Plan and recommended denial.
In contras t, the application before us today, is signific antly smaller than the Charlottesville Day School proposal,
and is proposed to occupy an already existing building on the site. The site is a 6.26 acre parcel of land, w ith
nothing in this application that would additionally impact natural resources on the site. Staff has found this
application to be consistent w ith the Comprehensive Plan, because it does constitute a s mallscale use in keeping
with a traditional rural character, given the 40 student maximum and the fact that the private s chool would utilize an
existing building. Furthermore, no upgrade of the existing infrastructure w ould be required.
The applicant is proposing a playground recreational area where the Phase 3 Building is shown on the concept
plan. The applicant is aw are that a playground in this area w ill require an amendment to the site plan, and that if
and/or when Phase 3 is built, relocating the playground recreational area to another area on the site would require
and/or when Phase 3 is built, relocating the playground recreational area to another area on the site would require
an amendment to this Special Use Permit.
Although a school on this site would increase the number of vehicles on Hydraulic Road in the morning and
afternoon, VDOT has determined that the increase would be minimal and would have no detrimental impact on
traffic patterns in the area.
Based on the school's relationship to the exis ting church, the relatively small scale of the s chool conforming with
the Comprehensive Plan, and the fac ts demonstrating no impact on health, s afety and welfare as prov ided by the
Health Department, VDOT and other reviewers; staff did not find a legitimate basis for recommending denial.
Staff recommends approval of SP200860 w ith the conditions lis ted in the staff report, as follows. Please note that
in Condition 1 – the attachment should read Attachment A and not Attachment C.
1. The school is limited to the existing building and grounds, as indicated on the concept plan (Attachment A). Any
additional building or site changes beyond those s hown on the approved site plan for SP 200147, prepared by Dex A.
Sanders and dated November 28, 2007, will require an amendment to this Special Use Permit.
2. Maximum enrollment of students and staff shall be limited to forty (40) students and five (5) staff. Any increase in
enrollment and/or s taff shall require an amendment to this Special Use Permit (SP 200960) and a traffic
study s hall be required to be submitted with the amendment.
3. Hours of operation for the school s hall be from 8:30 a.m. to 4:30 p.m., Monday through Friday , from September to
June; and days of operation shall not exceed 336, excluding special school events.
4. No additional outdoor lighting s hall be allowed without an amendment to this Special Use Permit.
5. Food preparation for the private school use shall not be conducted without an amendment to this Special Use Permit.
6. All requirements of the Architectural Review Board of Supervisors shall be met, including the site plan indicating the
existing tree line and specific trees of six (6) inches or greater and retaining significant trees.
7. The area of as sembly s hall be limited to a maximum fourhundredthirtyfive (435) seat sanctuary.
8. Health Department approval of well and septic systems prior to final s ite plan approval.
9. Commercial setback standards, as set forth in Chapter 18, 21.7.2 of the Albemarle C ounty Zoning Ordinance, shall be
maintained adjacent to residential uses or residentially zoned properties.
10. Any number of parking spaces in excess of the required minimum shall not be paved.
11. There shall be no day care center or private school onsite without the approval of a separate special use permit.
12. Construction of Phase 1 [6,800 sq. ft. sanctuary] shall commence within fortyeight (48) months or this special use
permit shall ex pire.
13. All requirements of VDOT shall be met prior to final site plan approval, including approval of one entrance from R oselyn
Ridge Road, with a onehundred (100)footrightturn lane and onehundred (100)foot taper lane.
Mr. Strucko invited questions from the C ommission.
Mr. Edgerton asked how the traffic count was calculated by VDOT.
Juan Wade, Transportation Planner, replied that it w as done based on the IT Trip Generation. The Seventh Addition is
the book staff uses to determine trip generation during peak hours and total trip generations for various uses. That w as
what it was based on. That is why it is exactly 36 and 24.
Mr. Edgerton asked if the traffic count was taken out of the table and not by on site v erification of w hat is happening.
Mr. W ade replied no.
Mr. Edgerton said that the school as noted in the staff report has been very open about the intent of ultimately
ex panding the school. He asked if anybody calc ulated what that would involv e.
Mr. Wade replied no, but that staff let the applicant know that if they plan to expand past 40 students then they w ould
have to come back and do a more thorough traffic analysis. Staff felt comfortable that the road netw ork could
ac commodate 40 students w ithout any problems. The applicant would have to come back in and do a more thorough
traffic analysis to expand past 40 s tudents.
Mr. Edgerton noted that he was a little surprised in the staff report on top of page 5 where it talks about traffic
information that there were no fatal crashes. H e asked if the accident involving the police officer jus t about a year and
half ago was in this area.
Mr. Wade replied that he believed that accident was on Hydraulic Road just a little past The R ock s Store. It was in
the vicinity, but it w as not at this exact location. Staff can get c rash data at a pretty precise location between certain
points and it was not in this area.
Mr. Morris asked what grade levels are represented with the 40 students.
Ms. Brennan replied it w as grades 3 through 8.
Ms. Porterfield questioned the hours of operation being September to June. She would read that to mean September 1
to June 1 and questioned if the school would really want to be done by the end of May.
Ms. Brennan replied that was what the applic ant requested in the applic ation.
Mr. Strucko suggested clarifying that with the applicant.
Ms. Brennan noted that the first day of sc hool would be on Wednesday, September 2 and the final day of school w ould
be Friday, June 4.
Mr. Strucko opened the public hearing and invited the applicant to address the Commission.
Mark DeLoach, Pastor of Albemarle Baptist C hurch, said that the school’s administrator, Jim Haddock, was present.
He pointed out that Mr. H addock had been a public school teacher for more than 39 years. He thanked the
Commission for their consideration of their application. He said they understand the Commiss ion’s concern for traffic.
Everyday they come to the church and it is always some problems in getting in and out for everybody. That is just the
way it is even without a s chool. Since their s chool will be closed enrollment and not open enrollment they do not
believe it w ill be a major problem at all for the traffic situation there. They will strongly recommend ride shares for the
sc hool in order to lessen the traffic. In fact the Christian School community lends itself to ride shares. Of course, their
goal is to be a positive influence in the community. There are only around ten or so families that are involved and two
of the families already come into the property ev ery day anyway. Therefore, they don’t believe the school will severely
impact the 2,200 other cars that use that road in the morning and ev ening. He offered to answer questions.
Mr. Strucko invited questions for the applicant.
Ms. Joseph noted in the staff report that the peak time is between 4 p.m. and 6 p.m. She ask ed if would be difficult for
the school to mov e up the time from 4:30 p.m. to sometime before 4 p.m.
Mr. DeLoach replied they would plan on ending s chool by 3:00 p.m. and that changing the time w ould not be a burden.
Ms. Joseph asked if the school curriculum was directly related to the churc h and a function of the church.
Mr. DeLoach replied that it is. They will use one of three different kinds of curric ulum whic h is typically what their kind
of schools use. The curriculum would be connected from a Christian view point although academically sound.
Mr. Edgerton noted that the staff report indicates their intention to expand the school to twelfth grade. He asked how
quickly they plan that to happen.
Mr. DeLoach replied that the phase one scope is not going to be any time soon and in phase two the school w ould
ex pand some. Their goal is not to have a large school, but to simply have a school mainly for their own church people.
At best they hope the expansion would occur within five y ears.
Mr. Edgerton asked if they have any idea what their maximum enrollment might be.
Mr. DeLoach replied that their gues s is that it would never be more than 100 s tudents.
Mr. Loach noted that the staff report says private school. He asked if the sc hool would be run under the offices of the
church and directly related to churc h functions.
Mr. DeLoach replied yes that it was a church school.
Mr. Strucko opened the public hearing and invited public c omment.
Debbie Goodman, resident of Roslyn Ridge Subdivision and a Board member of the Roslyn Ridge Homeowner’s
Association said she was speaking on behalf of the neighborhood. Several of their neighbors are present tonight, but
several were not able to attend this meeting. There are many reasons w hy they oppose the proposed school at the
Albemarle Baptist Church.
Number one is traffic and safety. When s he takes her c hild to Albemarle High School between 8:30 and 9:00 a.m.
it takes 5 minutes to turn right from Roslyn Ridge Road onto Hydraulic. A left hand turn is out of the question.
After dropping her son off at school it takes up to ten minutes to make a left hand turn from Hydraulic Road back
onto Roslyn Ridge Road to get back in the neighborhood. The afternoon traffic is often w orse. Several years ago
in the late afternoon her car was hit from behind as she waited on Hydraulic R oad for a safe opportunity to make a
in the late afternoon her car was hit from behind as she waited on Hydraulic R oad for a safe opportunity to make a
left hand turn from Hydraulic onto Roslyn Ridge R oad.
The proposed school would add traffic to an area that is already saturated with traffic especially in the mornings
and the afternoons. The four public schools in this corridor make the largest school complex in the county and
Albemarle High School is the largest school in the county . Thes e schools create traffic that includes school
buses, new teenage drivers, bicyclists and children w alking to school. Increasing traffic in this area is a safety
issue. Anyone that trav els this corridor regularly has witnes sed many accidents on Hydraulic Road between
Earlysville Road and Georgetown Road.
Another concern is that the church and the proposed school are in the designated no growth area. Since more
growth has already been planned and approved in the adjacent designated growth area, including the Oak Tree
development, this plan grow th must be abs orbed by the existing already saturated road network. There does not
appear to be any transportation funding in foreseeable future to improve these roads or expand the capacity. It
does not make sense to generate additional traffic in the no grow th area.
Jackie Bailey, resident of 1700 R oslyn Ridge Road adjac ent to the school, agreed with Ms. Goodman’s comments.
She noted the contour of the road slopes down at the driveway where the children w ould be dropped off. It is not a
commercial road and something that should be considered. She questioned if there would be extra curricular activities
at the sc hool. She asked if the school could be used for night events or other related school activities that would also
impact the traffic. In the report it said there were about eight accidents in the past eight years. The demographics
have changed dramatically. Therefore, those statistic s are somew hat outdated when looking at the impact of traffic
and accidents.
Tom Hubbard, resident of R oslyn Ridge, said he w as saddened to be in opposition to a neighbor, Albemarle Baptist
Church. H e thought that this proposal is a bad idea. It is supposed to be a rural area. There are already traffic
problems and the idea of adding a school here and somehow coupling it w ith a religious function is a mis take. He
opposed the school and hoped the Commission would tak e that into consideration.
Sadura Hundarali, resident of R oslyn Ridge, said that of all the spots on Hydraulic Road that this spot is the least able
to take on any more traffic. The traffic information indicates that the acc idents are not related to the junctions of
Hydraulic and Roslyn Ridge. But there have been many ac cidents further along the road certainly on Earlys ville Road.
Many of those accidents further down Hydraulic Road have been caused by the pressure of the traffic turning into and
off of the Hydraulic Road w ith people trying to beat the turn light and trying to turn right and left ahead of ongoing
traffic. At peak hours everyone is in a hurry and that just creates the possibility for future accidents. The road into the
Roslyn Ridge neighborhood was built as an entrance into a residential neighborhood and not as something that could
be used for c ommercial purposes. As Ms. Bailey mentioned it impacts the residents who go in and out of the
neighborhood and they don’t know what kind of extra curricular activities the school is going to engage in. As new
facilities are built the temptation is alw ays there to use them for other purposes to raise revenue by renting this facility
out to other organizations. Other churches in the area rent their facilities out to others, which she acknowledged they
have the right to do. But these ac tivities do add to the pressures of traffic and the ability of the residents to enter and
ex it their neighborhood if the school does choose to use this facility in that way.
Kim Craig, resident in the R oslyn Ridge area, represented his parents who w ere out of the country. He noted that their
biggest concern was grow th. It starts small at 40 students, but potentially will grow. The number of students can really
multiply. He grew up in Charlottesville and went to Tandem, which has really grown. He was concerned with the
progress and potential growth of the school.
Mr. Strucko closed the public hearing to bring the matter back before the Commis sion
Mr. Loac h asked if they finalized the is sue about the start and end date of the school year.
Mr. Strucko noted that it was the beginning of September to the beginning of June.
Mr. Morris noted that the end date was June 4.
Ms. Porterfield suggested if the motion passes that they try to give them September 1 to June 10 because they were
basing it on this year’s calendar.
Mr. Edgerton said that he could not support the special use permit for the follow ing three reasons. One of the reasons
is not covered in the staff report. The other two reasons are covered in the staff report.
1. Traffic – H e lived in the neighborhood and this is his district. With all due respects to Mr. Wade’s calculation
in vehicle trips per today he did not think it was a realistic way to analyze what is happening on this road. It is
a v ery dangerous turning situation. The existing traffic at these hours is already in a dangerous zone. He
happens to agree w ith a number of speakers on that.
happens to agree w ith a number of speakers on that.
2. Expansion – The school hopes to expand to a K to 12 in 5 years if they could raise the funds and grow that
much. They may hav e as many as 100 students within a 5 year period. They need to realize that the intent is
to expand this program. Right now they are talking about using an existing building and obviously there is not
going to be any impact. If they look at the school’s phas e 2 and 3 plans they are intending to expand the
project considerably.
3. In comparison with the school the Commission had a work session on the adjacent property over on the
original Roslyn home site. There was quite a bit of discussion at that work session about the concern about
having to add a sew age line on this side of Hydraulic R oad. As they know the rural area line has been fairly
inflexible for about 30 years along the center line of Hydraulic Road because everything to the w est of
Hydraulic Road drains into the Rivanna Reservoir, which is a fairly significant environmental impact. For that
reason many proposals in the past 30 years that have been propos ed other than by right proposals have been
turned down along there. Therefore, from a planning perspective he did not think it made sense to ex pand the
potential for future growth on the west side of H ydraulic R oad. For these three reasons he was not going to be
able to support this application.
Mr. Loach supported the proposal. From what he had heard religious education is c ertainly consistent with the mission
of the church. It is a c ommunity churc h and he would assume that most of the students in the church would be
coming from the community. He noted that this proposal is limited to the 40 students. In the conditions should they
want to expand the s chool it would come back for a more intense traffic study. He thought that to deny this request
might be in conflict with the Religious Land Us e and Institutionalized Persons Act of 2000 as it is written. For those
reasons he w ould support the request.
Ms. Joseph asked for comment from Mr. Kamptner on how this proposal fits within the Religious Act.
Mr. Kamptner replied that this application is a little bit different than the ones the Commission has seen in the past
because they do have a c hurch that is already established. He noted that probably the biggest issue that arises under
the federal law is the decision that needs to be based upon substantial evidence and on what the courts have identified
as legitimate concerns. They have heard the recommendations from VDOT regarding the traffic impacts here. They
have also heard the statements from the c itizens who hav e raised s ome traffic concerns. So it comes down to a
question of the Commiss ion on that issue weighing the competing evidence that they have heard in the staff report, Mr.
Wade and the members of the public. As long as their decision in this particular case is based upon what the courts
have called substantial evidence and that is creditable evidence that a reasonable person would rely upon in either w ay
that w ould support the Commission’s recommendation.
Ms. Joseph questioned sev eral of the conditions. Staff struck condition #6, but she felt it was important to retain the
significant trees. She felt that it was important to remind everybody that the significant trees need to stay there. She
also felt it w as important to get something in w riting from the health department s aying that this is not going to cause a
problem.
Ms. Brennan pointed out that staff did get comments from the health department that said the septic w ould be fine.
Mr. Morris pointed out that he had seen the traffic on Hydraulic road at various times and it can be substantial.
However, he thought that the evidence the Commission has been presented really leaves him w ith a fairly safe feeling
that he c an support the request.
Mr. Kamptner s uggested that one condition the Commiss ion may want to discuss is clarifying the hours of operation.
There was a statement from the Pastor that they would be ending by 3:30 p.m. He assumed that was just class time
and not necessarily when the teachers would be leaving the premises.
Mr. Strucko asked Pastor DeLoach to come forward and address the issue.
James H addock said that in terms of setting the hours the sc hool would start at 9:30 a.m. with student arrival at 9:15
a.m. In order to meet the guidelines s et by the Department of Education and other operating standards the day w ould
end at 3:15 p.m. with hopefully everybody pick ed up by 3:30 p.m. There has to be some allowance of time there in
case there has to be other kinds of adjustments . One of the things they did when talking about hours of operation w as
to c ons ider the traffic associated with other schools in the area w hich included Albemarle H igh School. H e pointed out
that everyday he goes to Albemarle H igh School from Garden Court. So he understands the concern there. They have
tried to make an adjustment in that way that would make the hours fit.
Mr. Morris asked Mr. Haddock to address the is sue about before and after school extra curricular activities.
Mr. Haddock replied that at this time they have not entered into any agreements with any of the Christian school
as sociations and have no plans for extra curricular activities or any kind of athletic event. They may at one point be the
one that would host a Bible quiz evening. That goes on between the member schools and would happen about once a
one that would host a Bible quiz evening. That goes on between the member schools and would happen about once a
year. It would be after joining in with other associations. At this time there are no plans for extra curricular activities in
terms of any kind of sporting events or any of that. Every thing w ould be c onfined to the school day.
Mr. Strucko asked if there were any other comments.
Mr. Franco asked staff with respect to the health department if they gav e a maximum number of students that the
ex isting fac ilities would s upport.
Mr. Brennan replied that the health department did not, but their c omments are included in the staff report. Staff tried to
as k them that question, but they could not answer that and said that the 40 students was fine.
Ms. Porterfield noted that she w as having trouble with this iss ue because she was not opposed to the Charlottesville
Day School’s proposal. She felt that they need to go back and look at what the Commission as a whole said about that
because it was very similar. That particular site had public water, but not public sewer. She asked if this site does not
have public water or sewer.
Ms. Brennan replied that is c orrect.
Ms. Porterfield noted that the Charlottesville Day School proposed to construct new buildings and this proposal plans
to use existing structures. The Commission’s big concern was the fact that it is on the opposite side of what has been
the demarcation line between the rural and development areas for approximately 30 y ears. That is a substantial amount
of time. The Commission also w as worried about impacts on the South Fork Rivanna River being w ith the s eptic and in
this case also with the water us age. The Commission indicated as a w hole that they were not in support of the other
possibility, but would want to know more about things like quantity and poss ible contamination of water supply, septic
capacity and impacts on the drinking water reservoir and wanted a more detailed plan for buildings on the s ite. These
were the things that they were going to build before they started to talk about the s chool. She was in the minority on
those things. She could see from having driven by the site today that there are a number of churches on that side of
Hydraulic Road. If they open this up for one she did not know how they close it for the rest of them. Ev en though a
church is an allowed use in the rural area, whic h is obviously why they are there, she felt there is a lot of comparison
whether it is a church school or another type of school. They are all schools. Pers onally she was having a lot of
trouble with this issue.
Mr. Strucko noted that he was in general agreement with w hat Mr. Edgerton’s has described earlier for the three
reasons that he very clearly stated. H e felt that Mr. Edgerton’s discussion of the impact of this proposal on the road
and the traffic count is an important one. But also the school’s intent to expand to a greater number of students and
the impact it would have on a very sensitive area in their designated rural areas is enough for him not to be able to
support this. It was also for something that Ms. Porterfield said about maintaining a consis tency with w hat they did in
the past. He felt that her concerns were very valid in terms of setting a precedent for other religious institutions that
are on that s ide of the street. But he did think that on this particular issue as Mr. Kamptner announced that they have
had some creditable evidence stated that the traffic impact is a problem. For those reasons he would not be able to
support this partic ular proposal.
Motion: Mr. Morris moved and Mr. Loach seconded for approval of SP200800060, Albemarle Baptist Christian School
subject to the conditions recommended by staff.
Mr. Kamptner clarified that condition 1 would be amended to refer to attachment A. Condition 3 regarding hours of
operation w ould be amended to say something like hours of operation for student arrival s hall not be earlier than 9:15
a.m. and class instruction shall end by 3:15 p.m. Monday through Friday from September 1 to June 10.
Mr. Morris asked that it be June 15.
Mr. Kamptner noted the change from September to June 15, the reinstatement of condition 6 and continuing with the
rest of the conditions.
Mr. Morris agreed with the changes to the conditions as noted by Mr. Kamptner and Mr. Loach agreed.
Mr. Strucko asked for other discussion.
Mr. Franco noted that he was really on the fence on this is sue. He thought that the arguments or points that Mr.
Edgerton and other Commiss ioners have made about the expansion bothers him. That is not before the Commission
right now. What w as before the Commis sion was the 40 student version. Therefore, he w as inclined to say that at
that scale know ing it will use the existing facility and building that even though there are s ome traffic issues on that
road that scale is appropriate at that location. He was stuck on the intent and did not want to set a precedent that they
road that scale is appropriate at that location. He was stuck on the intent and did not want to set a precedent that they
are approving or laying the ground work for expans ion of that facility to 100 students. If that can be worked somehow
into the motion he would s upport it. It does not need to be a condition bec ause it is already a condition of the special
us e permit. He wanted it to at least go in the record that any expansion or intensification of that use is inappropriate in
that location.
Mr. Morris asked if any expansion would have to come back to the Commission, and Ms. Brennan replied absolutely.
Mr. Morris agreed with Mr. Franco that it does not belong in this motion at this time.
Mr. Loach noted that they also heard from Mr. Wade that if it went larger than 40 students that it would entail a much
more detailed traffic study to be done. So at that time the Commission as Mr. Edgerton said they would have more
specific data to make a decision on. He agreed with Mr. Franco that at this 40 s tudent level that he w as fairly
comfortable.
The motion failed by a vote of 3:4. (Mr. Franco, Mr. Morris and Mr. Loach voted aye) (Ms. Porterfield, Ms. Joseph, Mr.
Strucko and Mr. Edgerton voted nay.)
Mr. Kamptner noted that an affirmative vote was required under the Commission’s rules.
Motion: Mr. Edgerton mov ed and Ms. Porterfield seconded for denial of SP200800060, Albemarle Baptist Christian
School for the three reasons stated.
1 . The existing traffic concerns,
2 . The anticipated expansion as outlined by the applicant, and
3 . The potential negative impacts on the reservoir.
The motion passed by a vote of 4:3. (Ms. Porterfield, Ms. Jos eph, Mr. Strucko and Mr. Edgerton voted aye.) (Mr.
Franco, Mr. Morris and Mr. Loach voted nay.)
Mr. Strucko said that SP200800060, Albemarle Baptist Christian School w ould go to the Board of Supervisors at a
date to be determined with a recommendation for denial.
Return to PC actions letter
July 6, 2009
Pierce Mccleskey
1156 Roundtop Farm
Charlottesv ille, VA 22902
RE: SP200800066: 20 South Office – Amendment
TAX MA P/PA RCEL: 102000000017E0
Dear Mr. McCleskey:
The Albemarle County Planning Commission, at its meeting on June 23, 2009, by a vote of 7:0, rec ommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. Special Use Permit SP 200866 20 South Office shall be developed in general accord with the
concept application plan, provided by the applicant and received March 16, 2009 (Attachment C).
How ever, the Zoning Administrator may approve rev isions to the concept application plan to
allow conformance with the Zoning Ordinance;
2. There shall be no onsite sales ;
3. There shall be no outdoor storage of materials;
4. All requirements of the Health D epartment shall be satisfied;
5. No additional outdoor lighting shall be allowed w ithout an amendment to this Special U se Permit.
View s taff report and attachments
View PC minutes : J une 9 and J une 23, 2009
Ret urn t o regular agenda
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on September 9, 2009.
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Sincerely,
Eryn Brennan
Senior Planner
Planning D ivision
Projec t Name : SP 200866 20 South Offic e Staff: Eryn Brennan, Senior Planner
Planning Commission Public Hear ing: June 23, 2009 Board of Supervisor s Public Hear ing: tbd
Owne r : Clifton Mc Cleskey, Trustee and Mary jo Mc Cleskey, Trustee Applic ant: Pie rc e McCleskey
Acre age: 65 acres Spec ial Use Permit: Sec. 10.2.2.(31) Home O c cupation Class B
TMP: TM 102, P 17E
Location: East side of Route 20 Sc ottsville Roa d, approxima tely one
quarte r mile north of Route 708 Red Hill Road
Existing Zoning and Byright use:
RA Rural Areas: agricultural, forestal, a nd fishery use s;
residential density (0.5 unit/a cre in de velopment lots)
Magisterial Distric t: Scottsville Conditions: Ye s
RA (Rural Are a s): X Re quested # of Dwelling Units: NA
Proposal: Amend SP 200200022 (Home Oc c upation Class B) to a llow
three storage sheds for an existing ca tering busine ss
Compr e he nsive Plan De signation: Rural Are a s preserve a nd
prote c t a gricultural, fore stal, open spa ce, and natura l, historic and
sc e nic resources, reside ntia l de nsity (0.5 unit/ a c re in deve lopment
lots)
Characte r of Pr ope rty: A hilly, heavily forested site in the north
portion of property a nd are a along the west e ntranc e drive; southern
portion where house and business structure s are locate d is c leared.
Use of Surrounding Pr ope r ties: The parcel is loc a ted in the
Southe rn Albe marle Rura l Historic District and surrounded by large
residential farms a nd fore sts. An Agricultural/Forestal District abuts
the we ste rn edge of the parcel.
Factor s Favorable :
1. The storage she ds minimally impact the e xisting cha ra cter of the
site.
2. The re is no impa c t on a djacent prope rty resulting from the stora ge
sheds.
3. The sheds are compa tible with the design and sca le of the existing
buildings on the site .
4. The she ds do not ge nerate an increase in traffic.
Factor s Unfavorable:
None
RECOMMENDATION: Staff re commends a pproval of this Special Use Permit with c onditions.
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
STAFF PERSON: ERYN S. BRENNAN
PR IVATE PLANNING COMMISSION: JUNE 23, 2009
SP 200866 20 SOUTH OFFIC E
Pe tition:
PROJECT: 2000800066 20 South (Amendment)
PROPO SED: Amend SP 200200022 (Home Oc c upation Class B) to a llow three storage sheds for an e xisting catering busine ss
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas agricultural, fore sta l, and fishe ry uses; residential density (0.5 unit/ac re in
deve lopment lots)
SECTION: 10.2.2 (31) Home Occupation Class B
CO MPREHENSIVE PLAN LAN D U SE/DENSITY: Rural Areas preserve and protect agric ultura l, fore sta l, open space, and natural, historic
and sc e nic resources/ de nsity (.5 unit/ acre in developme nt lots)
ENTRANCE CORRIDOR: No
LOCATION: 1156 Roundtop Farm; e a st side of Rt. 20 Sc ottsville Road, approx. 1400 fe e t north of Rt. 708 Red Hill Rd.
TAX MAP/PARCEL: 102000000017E0
MAGISTERIAL DISTRICT: Sc ottsville
Char acter of the Area: This area is charac teriz ed by rolling terrain conta ining farmland, hedgerows, sca tte re d residential, and forestland. The
prope rty is accesse d from a side road, Roundtop Fa rm, off of Sc ottsville Roa d. The parcel is locate d in the Southe rn Albe marle Rura l Historic
District a nd abutted by the Carter’s Bridge Agricultura /Forestal District to the w e st (see Attachment A). Fa rms of significant historic importa nce
are loca ted in this are a of the County.
Spe cific s of the Proposal: The applicant was unaware that construc tion of a dditional sheds used for the 20 South cate ring business would require
an amendment to SP200222 for this site , and has alrea dy constructed the three storage sheds to store c a tering equipment (see Attachment B and
C). Therefore , the applicant is seeking retroactive a pproval for one 10’ x 16’ and tw o 10’ x 14” storage sheds on the site adja c ent to the catering
kitchen. No plumbing or ele c tric a l wiring is a ssociated with the storage she ds. The conc ept plan for the existing kitchen and stora ge sheds is
inc lude d as Atta c hme nt D. A photograph of the storage sheds is included a s Attachment E.
Planning and Zoning Histor y: A special use pe rmit, SP200222, to a llow a Home Occupation Class B for a cate ring busine ss to ope ra te on the
site was a pproved on Septembe r 4, 2002. A n application for amendment to the spe cial use was submitte d by the applicant in March; initially, the
applica tion re quested to a llow the c onstruction of thre e storage she ds and a n office tra iler. Since the time the application was submitte d, the
reque st to construct an office trailer has been withdrawn.
Confor mity with the Comprehensive Plan: The Comprehe nsive Plan designa tes the subject propertie s as Rura l Area s emphasizing the
preservation and protection of a gricultural, forestal, open spa c e, and na tural, historic and scenic re sourc e s as land use options. The catering
busine ss relies on local growers for its service s a nd, therefore , supports agricultural uses in the Rura l Areas, and promotes e conomic via bility for a
rural la ndow ner, both of which are goals outlined in the Rura l Areas se ction of the Compre hensive Plan.
STAFF COMMENT:
Staff a ddresses e a ch provision of Section 31.2.4.1 of the Zoning O rdinanc e :
31.2.4.1: Special Use Permits prov ided for in this ordinanc e may be issued upon a finding by the Board of Supervisors that such use will not be
of substantial de trime nt to adjacent property,
The stora ge she ds do not repre sent an increased intensity of use . Associa ted tra ffic pa tterns or ove rall activity on the site will not cha nge as a
result of this proposal. Staff fe els there will be no detrimental impacts on adjacent prope rty re sulting from the two 10’ x 14’ a nd one 10’ x 16’
storage she ds on the site a s the sheds will not be visible from those propertie s.
that the charac ter of the distric t will not be changed there by and
This a pplic ation has been reviewed by the Architec tural Revie w Board staff, and the y have determine d that the propose d use is not e xpected to
have an impac t on the EC since the she ds a re not visible from the EC. The she ds a re also not visible from adjacent prope rtie s a nd therefore have
no detrimental impact on the c haracter of the distric t.
that suc h use will be in harmony with the purpose and inte nt of this ordinance,
The purpose of the Rural Area s Zoning District is the preservation of a gricultura l and fore stal la nds and a ctivities; water supply protection; limited
se rvice delivery to the rural areas; a nd conserva tion of natura l, sce nic, and historic re sourc e s. The addition of sheds on the rea r of the prope rty
would not conflict with the inte nt of the RA District as the y will simply provide storage for the c urrently approved home occupation.
with uses pe rmitted by right in the district,
The Home Occupa tion, Class B for a catering busine ss on this site is pe rmitted by specia l use permit in the RA District, and provides support for
byright uses in the area, such as agric ulture and winerie s, as the a pplic ant purcha ses local food and wine for his c a tering business. Susta ining the
County’s Rural Area zoning district is dependent on including uses that support agric ultural and forestal communities. The proposed storage sheds
would not othe rwise a ffe ct the use s pe rmitted by right in the RA District
with the additional re gulations provided in section 5.0 of this ordinance,
The proposed storage sheds me et the additiona l regulations provide d in section 5.0 of the ordinanc e , regarding Home Occupations, Class B. The
square footage of the all the sheds tota ls 440 squa re fe e t and, measured internally, the area of the kitche n is 1,035 square feet; the re fore, the tota l
area of all the structures a ssociated with the Home Occupa tion, Class B does not exce e d the maximum 1,500 squa re feet a llowed (see Atta c hme nt
F). The sheds a re also compa tible with the de sign and sc ale of the buildings on the site, inc luding the main residenc e and barn, evident in the use of
gable roofs, 4/4 windows, and rustic style, ba rnlike double doors (see Attachment G). The storage sheds also do not gene ra te additional traffic on
the site .
and with the public health, safety and gene ral welfare.
The Virginia De partment of Transporta tion and the Health Depa rtme nt have revie wed this applic a tion and ha ve not offered any c oncerns or
recomme ndations. No change s to the a ccess have been proposed or will be re quired.
SUMMARY:
Sta ff has identified the following fac tors favora ble to this applic a tion:
1. The stora ge sheds minimally impa c t the e xisting cha ra cter of the site .
2. There is no impa c t on adjacent prope rty re sulting from the storage sheds.
3. The sheds are compatible with the design a nd scale of the e xisting buildings on the site.
4. The sheds do not gene ra te a n increase in tra ffic.
Staff has not ide ntified a ny fac tors unfavora ble to this a pplication.
RECOMMENDED ACTION:
Based on the findings contained in this staff re port, staff rec ommends approval of Special Use Permit 2008066 20 South Office, with the following
conditions (the conditions approve d with SP 200222 are included below; new conditions are italicized):
Special Use Pe rmit SP 200866 20 South Offic e shall be developed in general accord with the conc e pt application plan, provided by the applicant
and received March 16, 2009 (Attachment D). Howe v er, the Zoning Administrator may approve revisions to the c oncept applic ation plan to
allow c onformance with the Zoning Ordinance;
There shall be no onsite sales;
There shall be no outdoor storage of mate rials;
All require ments of the Health Department shall be sa tisfied;
No additional outdoor lighting shall be allowed without an amendment to this Special Use Pe rmit.
ATTACHMENTS
Attachment A – Aerial Map
Attachment B – SP 200222 Staff Report
Attachment C – Boa rd of Supe rvisors Action Letter a nd Conditions for SP 200222
Attachment D – Conc ept Plan
Attachment E – Photogra ph of three storage sheds
Attachment F – Photograph of kitchen
Attachment G – Photograph of shed
Return to PC actions lette r
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 5
Attachment A
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 6
Attachment B
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 7
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 8
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 9
Attachment C
Attachment D
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 10
Attachment D
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 11
Attachment E
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 12
Attachment F
SP 2008-66 20 South Office
PC June 23, 2009
Staff Report Page 13
Attachment G
Albemarle County Planning Commission
June 9, 2009
SP200800066 20 South Office A mendment (Signs # 19 & 28) PROPOSED: Amend SP 200200022 (Home
Occupation Clas s B) to allow three storage s heds for an existing catering business ZONING
CATEGORY/GENERAL USAGE: RA Rural Areas agric ultural, forestal, and fishery uses; res idential density (0.5
unit/acre in development lots). SECTION: 10.2.2 (31) H ome Occupation C lass B. C OMPREHENSIVE PLAN LAND
USE/DEN SITY: R ural Areas preserve and protect agricultural, forestal, open space, and natural, historic and
scenic resources/ density (.5 unit/ acre in development lots). ENTRAN CE CORR IDOR: No. LOC ATION: 1156
Roundtop Farm; east side of Rt. 20 Scottsville Road, approx. 1400 feet north of Rt. 708 R ed Hill R d. TAX
MAP/PAR CEL: 102000000017E0. MAGISTERIAL D ISTRIC T: Scottsville (Eryn Brennan)
DEFER TO JUNE 23, 2009, D UE TO A SIGN POSTING ERROR
Mr. Struck o noted that s taff has requested deferral due to a sign posting error. He as ked if there was anyone present
that came specifically to address this. H e opened the public hearing and invited public comment. There being none,
he closed the public hearing to bring the matter before the Commission.
Motion: Ms. Porterfield moved and Mr. Morris sec onded to approv e staff’s reques t for deferral of SP200800066,
20 South Office Amendment to June 23, 2009.
The motion passed by a vote of 6:0.
Mr. Struck o said that this item is being deferred to June 23, 2009.
Go to next set of minutes
Return to PC actions letter
Albemarle County Planning Commission
June 23, 2009
D eferred Items:
SP200800066 20 South Office Amendment
PROJEC T: 2000800066 20 South (Amendment)
PROPOSED : Amend SP 200200022 (Home Occ upation Class B) to allow three storage sheds for an existing
catering business
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots )
SECTION: 10.2.2 (31) H ome Occupation Class B
COMPREHEN SIVE PLAN LAND U SE/DEN SITY: Rural Areas pres erve and protect agricultural, forestal, open
space, and natural, his toric and scenic resources/ density ( .5 unit/ acre in development lots)
ENTR ANCE CORRIDOR : N o
LOCATION: 1156 Roundtop Farm; east side of Rt. 20 Scottsville Road, approx. 1400 feet north of Rt. 708 Red Hill
Rd.
TAX MAP/PAR CEL: 102000000017E0
MAGISTER IAL DISTR ICT: Scottsville
(Eryn Brennan)
Ms. Brennan presented a PowerPoint Presentation and summarized the staff report.
This application is to amend Special Use Permit 200222 to allow three storage sheds on the site for an existing
catering business. The applicant was unaw are that cons truction of additional sheds would require an
amendment to the ex isting SP and has already constructed the sheds, s o the applicant is seeking a retroactive
approval.
The parcel, zoned R ural Area, is located in the Southern Albemarle Rural Historic D istrict, and is surrounded by
large residential farms and forests. The property is hilly and heavily forested in the north portion and along the
west entrance drive; w hile the s outhern portion of the property, w here the house and business structures are
located, has been primarily cleared.
A special use permit, SP200222, to allow a Home Occupation C lass B for a catering business to operate on
the site was approv ed on September 4, 2002. The catering busines s relies on local growers for its services and,
therefore, supports agricultural us es in the Rural Areas, and promotes economic viability for a rural landowner,
all of which are goals outlined in the Rural Areas s ection of the C omprehensive Plan.
The square footage of the all the s heds totals 440 square feet, and the area of the k itchen measured internally is
1,035 square feet. Therefore, the total area of all the s tructures ass ociated with the H ome Occ upation, Class B
does not exceed the maximum 1,500 square feet allow ed. Also, no plumbing or electrical wiring is associated
with the storage s heds. The applic ant has labeled one of the sheds as a “works hop” on the concept plan. In
actuality, the space is used as a tool shed, and is only colloquially referred to as a w orkshop.
Staff has not identified any unfavorable factors in regards to this application and recommends approval with the
follow ing conditions . In addition, Condition 1, Attachment C should read Attachment D .
Mr. Struck o invited questions for the Commission.
Mr. Edgerton asked how the three sheds came to staff’s attention.
Ms. Brennan replied that to her k now ledge s he was handed this case after the initial preliminary dis cussion. She
thought that the building ins pec tor found it, but she was not sure. She noted that the applicant’s could speak to it
better.
Mr. Edgerton ask ed if there had been any response from the neighbors particularly those in the agric ultural/fores tal
district, and Ms. Brennan replied that staff has not rec eived any phone calls.
Ms. J oseph asked Mr. Kamptner how this relates to the decision made w ith the Belvedere properties if something is
outside of the house.
Mr. Kamptner replied that w hat this applicant was doing is going from a Clas s A to a Class B home occupation.
That w as the case in Belvedere.
Mr. Cilimberg noted that it was a prior Class B spec ial use permit and now they have come back essentially to
amend it to include these extra structures.
Ms. Joseph asked if it was on the premises.
Mr. Kamptner replied yes, but that it w as a different s ituation. The applicant here is adding acces sory structures to
the us e. The issue in the Belvedere situation was where they had the primary house and the secondary dwelling
with the home occupation taking place in secondary dw elling.
Mr. Edgerton noted that in that case the original home occupation w as in a structure that w as not the residence.
Mr. Struck o opened the public hearing and invited the applicant to addres s the Commiss ion.
Pearson McCles key, applic ant, s aid that he did not have a presentation. To address the question about how this
came about, he pointed out that he informed the county of the presenc e of those sheds when he approached them to
get permiss ion to build a small office behind them. That idea has evaporated. When he told the county w here he
wanted to place the offic e behind the three sheds this issue came up and brought him before the Commiss ion
today. Therefore he told the county that the sheds were there innocently.
Mr. Strucko invited public comment. There being none, he c losed the public hearing to bring the matter before the
Commis sion.
Motion: Ms. Porterfield moved and Mr. Edgerton seconded to approve SP200800066, 20 South Office Amendment
with the conditions rec ommended by staff, as amended to change attachment D as opposed to attachment C in the
conditions.
1. Special Use Permit SP 200866 20 South Office shall be developed in general acc ord with the
concept application plan, provided by the applicant and received March 16, 2009 (Attachment D).
How ever, the Zoning Adminis trator may approve revisions to the conc ept application plan to
allow conformance with the Zoning Ordinance;
2. There shall be no onsite sales ;
3. There shall be no outdoor storage of materials;
4. All requirements of the Health D epartment shall be satisfied;
5. No additional outdoor lighting shall be allowed w ithout an amendment to this Special U se Permit.
The motion passed by a vote of 7:0.
Mr. Strucko said that SP200800066, 20 South Office Amendment w ould go to the Board of Supervisors on a date
to be determined with a recommendation for approval.
Return to PC actions letter
Augus t 12, 2009
Collins Engineering Scott Collins
800 E Jefferson Street
Charlottesv ille, Va 22902
RE: SP200900006 K enridge – Amendment
TAX MA P/PA RCELS: 60K/61 & A2
Dear Mr. Collins:
The Albemarle County Planning Commission, at its meeting on July 21, 2009, by a vote of 4:0, recommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. The approved final site plan shall be in general accord with the revised C onceptual Plan prepared by
C ollins Engineering, dated March 16, 2009 revision To be determined: 2009. (See Attachment).
Parking for the office use s hall be limited to the area and number of spaces shown on the Conceptual
Plan. If additional parking is required for the office use, an amendment of this special permit shall be
required;
2. There shall be a minimum front yard of two hundred seventy five (275) feet between the
southernmost structure (the “Main H ouse”) and the property line adjacent to Route 250 as shown on the
C onceptual Plan; side and rear yards shall be as shown on the C onceptual Plan;
3. All streets on the property connecting to adjacent properties as shown on the C onceptual Plan shall be
constructed by the applicant to an urban section with the intent that s uch streets on the property
connecting to adjacent properties w ill be built to a standard cons istent with the connecting street on the
W hite Gables property. All streets and pedestrian acc esses shall be constructed to a standard
acceptable to the C ounty Engineer in accordance with the highlighted s ections of Attac hment A, revis ed
and dated August 30, 2005 and initialed as CTG;
4. The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and across the
Kenridge property to its entrance at Ivy R oad, as show n on the Conceptual Plan, shall be established
as a private street in conjunction with the final subdiv ision plat or site plan. As a condition of final
subdivision plat or site plan approval, the applicant shall grant all easements deemed necessary by the
D irector of C ommunity D evelopment to ass ure the public's right to use the connecting road for purpos es
of ingress to and egress from Tax Map 60, Parcel 28;
5. The applicant shall comply with all requirements of the VD OT related to design and construction of the
entrance to the property, as shown on the Conceptual Plan, and s hall pay its pro rata share of the cost
for signaliz ation of this infras tructure contributed by traffic from the development as follow s:
(a) Prior to the issuance of a building permit, the applic ant s hall place funds in esc row or provide other
security (“security”) acc eptable to the County in an amount equal to its pro rata share of the cost of
the signal which amount shall be calc ulated by the Director of Community D evelopment in the year
in which the security is provided. The security shall continue so that it is available to pay for the
cost of the signal until ten (10) years after the date of approval of this special us e permit; security
provided that is not in an interes tbearing account s hall be annually renewed, and the amount of the
security shall be adjusted each year ac cording to the consumer price index, as determined by the
Director of C ommunity D evelopment; and
(b) If, at any time until ten (10) years after the date of approval of this special use permit, VDOT
authorizes in w riting the installation of the signal, and VDOT and the County’s Engineer approve the
signal’s installation before the applicant has obtained a building permit, the County may demand
payment of the applic ant’s pro rata share of the c ost of the traffic signal, and the applicant shall pay
its pro rata share of the c ost to the County within thirty (30) days of that demand.
6. Screening adjacent to the railroad rightofw ay and along the w est and east sides of the project shall be
provided and maintained as depicted on the Conceptual D iagram of Perimeter Screen and Privacy
Planting, dated May 12, 2005, by Charles J . Stick, attac hed as Attachment B. The continuous
evergreen trees noted as Leyland Cypress Hedge along the north, east and west s ides of the project
shall be installed at ten (10) feet to twelve (12) feet in height after lot grading but prior to issuance of a
building permit for any dwelling unit construction. The Ley land Cy press Hedge also shall be planted on
eight (8) foot centers. U nderground irrigation shall be provided for all the planting areas. Screening
deemed acceptable to the D irector of Community Development shall be provided adjacent to the railroad
to mitigate the impact of this development on adjacent property and the impact of the railroad on this
development;
7. Prior to any alteration or demolition of any building, a reconnaissanc e level documentation to include
black and white photographs and a brief architectural description shall be provided to the satisfaction of
the County's Historic Preservation Planner;
8. R egardless of the ownership of the open s pace and amenities, they shall be made available for use by
all residential and commercial units in the development;
9. Except for those attac hed single family buildings located in Zone (A) the exteriors of blocks of attached
single family buildings shall be either red brick, or white painted brick , with gable roofs . The ex teriors of
attached single family buildings in Zone (A) shall be red bric k with gable roofs. The features in Zone (A)
shall be reviewed and approved by the AR B during its review of the site plan for these buildings. The
exteriors of detached residenc es shall be either red bric k or painted w hite brick. Thes e materials shall
be review ed and approved by the Design Planner before the issuanc e of a building permit for the
buildings (See Attachment C );
10. Exterior roof surfaces shall be constructed of either copper or synthetic slate;
11. The new villa and town home units shall include garden improvements, generally as depicted on the
Front Garden Diagram, dated August 24, 2005, by Charles J. Stick, Lands cape Architect. (See
Attachment D). Maintenance of these areas shall be provided for and required by the H omeowner’s
Association whic h shall be s et forth in the C ovenants for this development. The decorative w alls, steps
and walks shall be constructed of either bric k or stone;
12. To ensure the retention of the majority of the existing trees in the tw o hundred seventyfive (275) foot
front y ard setback described in Condition 2 (located betw een the main house and the Route 250 West
Entrance Corridor), the applicant shall submit for review and approval by the County’s Design Planner a
tree conservation plan prepared by a state certified arborist that meets the requirements of Section
32.7.9.4 of the Zoning Ordinance. This plan shall be required for all erosion and sediment control plans,
site plans, and subdivision plats;
13. The site wall immediately adjacent to Route 250 W es t shall be included on all draw ings that include its
context. All grading, road alignments, turning lanes, and other improvements shall be adjusted to insure
that impacts to the wall only include closing the existing entrance and adding a s ingle entrance. Notes
shall be inc luded on the grading, s ite plans and subdivision plats that state: “The exis ting s ite wall shall
remain. Disturbance s hall be limited to the closure of the existing entrance and the opening of the
proposed entrance into the site." Any changes to the wall shall be minimal and articulated to blend w ith
the charac ter of the existing wall to the satis fac tion of the Architectural Rev iew Board. Prior to the
issuance of any building permits in the final block, the stone pillars shall be replaced at the new
entrance from Route 250;
14. The design of all single family detached residences, including but not limited to colors, roofing, siding
and foundation material selections, shall be coordinated with the Architectural Review Boardapprov ed
designs of the attached res idential units, as determined by the D esign Planner;
15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) c ash per new
dwelling unit to the County for funding affordable housing programs [inc luding the Housing Trus t Fund].
The cash contribution shall be paid at the time of the issuance of the Building Permit for such new unit.
The acceptance of this special use permit by the owner shall obligate the owner to mak e this
contribution;
16. Pedestrian ac cess deemed acceptable by the Director of Community Development shall be provided to
the Manor H ome and the C arriage Hous e; and
17. W ith the exception of the entrance road, all streets within the development shall conform to the
neighborhood model matrix deemed appropriate by the Director of Community D evelopment.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on September 9, 2009.
Go to ex ec summary
Ret urn t o regular agenda
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Sincerely,
Claudette Grant
Senior Planner
Planning D ivision
CC: Kenridge LLC
PO Box 5509
C harlottesville, VA 22905
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP2009 – 06 Kenridge
SUBJECT/PR OPOSAL/REQUEST:
Amendment to SP200452 to change the plan
approved with the special use permit.
Modification consists of revised location of
access road and parking for the office building
and the elimination of one of the single family
attached units. Approved residential use remains
unchanged.
STAFF CON TA CT(S):
Cilimberg, Echols, Grant
LEGAL R EVIEW: NO
A GENDA DATE:
September 9, 2009
A CTION: X INFOR MA TION:
C ONSENT AGENDA:
AC TION : INFOR MA TION:
A TTACHMENTS: YES
BACK GROUND :
On July 21, 2009, the Planning Commission held a public hearing for the Kenridge special use permit amendment
request. The Commission, by a vote of 4:0, recommended approval of conditions w ith revisions to the conceptual
plan referenced in the conditions. (See Action Letter)
DISCU SSION :
In the attached Planning Commission staff report, staff noted that the applicant should make minor rev isions to
the plan to include: labeling of the setback lines, location of the railroad and, the housing types. These features
were shown on the original plan, approv ed as part of SP200452. As rec ommended by staff and the Planning
Commis sion, the applicant has satisfac torily made the revisions to the plan and staff has modified condition
number one to accurately reference the plan. (Attachments II and III)
RECOMMENDA TION S:
Approval of Special Use Permit 200906 with the revised conceptual plan and conditions .
ATTAC HMENTS:
Attachment I: Planning Commission staff report, dated July 21, 2009
Attachment II: Revised plan, dated August 24, 2009 (on file in Clerk's office)
Attachment III: Recommended Kenridge Conditions
View PC minutes
Ret urn t o PC act ions letter
Ret urn t o regular agenda
PRIVATE ALBEMARL E COUNTY DEPARTMENT OF COMMUNIT Y DEVEL OPMENT
STAFF REPORT
Proposal: SP 2009 006 Kenridge Staff: Claudette Grant
Planning Commission Public Hearing:
July 21, 2009
Board of Supervisors Hearing: To be determined.
Owners: Kenridge, LLC Applicant: Kenridge, LLC
Acreage: Approximately 2.06 acres Special Use Permit for: Residential R15 by special use
permit in CO, Commercial Office districts.
TMP: TM: 60K P: 61 & A2
Location: Route 250 West across from Birdwood Golf Course
(Attachments A & B)
Byright use: CO, Commercial Office offices, supporting
commercial and service uses; and residential use by
special use permit 15 units/acre;
Section 23.2.2(9) R15 residential15 units/acre of the
Zoning Ordinance, which allow for residential uses.
Magisterial District: Samuel Miller Conditions: Yes EC: Yes
Proposal: Amendment to SP200452 to change the plan approved
with the special use permit. Modification consists of revised
location of access road and parking for the office building and the
elimination of one of the single family attached units. Approved
residential use remains unchanged. (Attachment C)
Approved # of Dwellings: 67
DA (Development Area): Neighborhood 7 Comp. Plan Designation: Office Service office uses,
regional scale research, limited production and marketing
activities, supporting commercial, lodging and conference
facilities, and residential (6.0134 units/acre) and Rural
Areas preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density
(.5 unit/acre in development lots).
Character of Property: This development is currently under
construction. Kenridge is made up primarily of newly constructed
single family residences. The original manor house remains as a
single family residence along with the original carriage house
which provides an office use on the site.
Use of Surrounding Properties: Single and multifamily
residences, office uses; Birdwood Golf course is located
across the street.
Factors Favorable:
1. The factors supporting approval of the
original special use permit have not changed.
Factors Unfavorable:
None
RECOMMENDATION: Staff recommends approval of SP 2009006, Kenridge provided the applicant makes minor
revisions to the plan.
STAFF PERSON: Claudette Grant
PLANNIN G COMMISSION: July 21, 2009
BOAR D OF SU PERVISORS:
SP2009006: KENRIDGE
Petition:
PROJECT: SP200900006 Kenridge
PROPOSED : Amendment to SP200452 to change the plan approved w ith the special use permit. Modification consists
of revised location for access road and parking for the commercial building and the elimination of one of the single family
attached units. Approved uses remain unchanged.
ZONIN G CATEGORY/GENERAL USAGE: CO Commercial Office offices, supporting commercial and service uses;
and residential use by special use permit (15 units/acre)
SECTION : 23.2.2(9) R 15 residential15 units/acre
COMPREHENSIVE PLAN LAND USE/DENSITY: Office Service office uses, regional scale research, limited
production and marketing activities, supporting commercial, lodging and conference facilities, and residential (6.0134
units/acre) and Rural Areas preserve and protect agricultural, forestal, open space, and natural, historic and scenic
resources/ density (.5 unit/acre in development lots) in N eighborhood 7.
ENTRANCE CORRID OR: Yes
LOCATION: North side of Ivy Road (R oute 250 West across from Birdwood Golf Course) Approximately 1/2 mile west of
the intersection of Ivy Road and the 29/250 Bypass.
TAX MAP/PARCELS: 60K61 & 60KA2
MAGISTERIAL DISTRIC T: Samuel Miller
Character of the Area and Adjoining properties:
Kenridge is currently under construction. This development is primarily made up of newly constructed residential units
with the exception of the existing manor house, which is a single family residence, and a carriage house used for office
purposes. Adjacent to the site on the east is the White Gables residential development w hich is also currently under
construction and on the w est side of Kenridge is a single family residence and business. The Birdwood Golf Course is
located to the south and across Route 250. A rail line for the CSX railway is at the rear of the site.
Specifics of Proposal:
The applicant would like approval for a change in the location of the access road and parking for the office building and
elimination of a single family attached dwelling unit. The applicant has graded out an entrance and parking area for the
office building that is in a different location than what is show n on the currently approved plan. The location of these
elements was conditioned with SP2004052. The applicant states that this new road was installed during construction in
order to provide access to the office building from Marsh Lane while it was being used as the sales center for the project.
The applicant also states that this new road was improved to county standards and drainage improvements were
installed to collect any runoff from the roadw ay. This new road provided access to the building while the remaining
portion of the site w as under construction. The applicant is now requesting approval of the newly relocated entrance and
parking for the office building.
A portion of the road that curves around the office building and leads to a dead end is narrow and steep and w ould not
be adequate for commercial use. The applicant has noted on the plan that this portion of the road will be eliminated,
which will allow the site plan to be approved.
One of the proposed single family attached homes will also be eliminated with this revised plan. (See Attachment C)
Applicant’s Justification for the Request:
The applicant has stated that the new road will provide a better access to the existing office building that works with the
topography of the site. The applicant has also stated that this change will lessen the extent of retaining w alls that will be
necessary. Since this access road has already been graded in, the developer w ould like to keep this connection as the
new access and parking for the office building.
Planning and Zoning History:
The history of the parcel is as follows: In 1980 this property was zoned C O, Commercial Office. This site was the former
national headquarters for Kappa Sigma Fraternity and a nonprofit foundation. The Planning C ommission reviewed
Kenridge in a December 14, 2004 work session. The Planning Commission then held a public hearing on March 29,
2005, where the applicant requested an indefinite deferral. On July 26, 2005, the Planning Commission held another
public hearing and recommended denial of Kenridge for the following reasons: 1) internal parking, 2) storm water
management 3) affordability issues, and 4) screening. Prior to the Board of Supervisors public hearing the applicant
addressed outstanding issues and concerns from the Planning Commission public hearing and on October 5, 2005, the
Board approved SP200400052 Kenridge w ith seventeen (17) conditions. Following the special use permit approval
several related site plans, subdivisions, and water protection ordinance items w ere processed and approved. (See
Attachment D for Planning C ommission and Board of Supervisors minutes)
Comprehensive Plan:
The Land Use Plan designates this area as Office Service in Neighborhood Seven (7). The Comprehensive Plan
supports both residential and office uses in Office Service designated areas.
A full N eighborhood Model Analysis was completed w ith the approved SP2004052 and is still applicable for this
amendment request. (See Attachment E for Neighborhood Model Analysis)
Staff C omment:
Section 31.6 of the Zoning Ordinance below requires that special use permits be assessed as follows:
Will the use be of substantial detriment to adjacent property?
Relocation of the road accessing the office building and parking for the office building will not be of substantial detriment
to adjacent property. The proposed change is all internal to the site.
Will the character of the zoning district change with this use?
The character of the zoning district will not change with the relocation of the road and parking area to the office building.
The residential use has already been approved in the zoning district.
Will the use be in harmony w ith the purpose and intent of the zoning ordinance?
The relocated road and parking area to the office building will be in harmony with the purpose and intent of the zoning
ordinance. The relocated road and parking support a byright use in the district.
Will the use be in harmony w ith the uses permitted by right in the district?
The relocated road and parking to the office building will be in harmony with the uses permitted by right in the district
because these uses are byright in the district.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
There are no additional regulations.
Will the public health, safety and general welfare of the community be protected if the use is approved?
As previously discussed in this report, a portion of the new road that curves around the office building and leads to a
dead end is narrow and steep and would not be adequate for commercial use. As requested by staff, the applicant has
noted on the plan that this portion of the road will be eliminated upon site plan approval, which will allow the site plan to
be approved. Otherwise, changing the location of the access road to the office building from that shown on the originally
conditioned plan seems to be less obtrusive to the site. The location of the parking area for the office building is also
changing; however, as shown on the revised plan, the number of spaces remains the same as the original plan (six (6)
spaces) and the impact of the new location is no different than as originally shown. A condition of the special use permit
addresses the need for an amendment if additional parking is required for the office use. (See Attachment C)
Summary:
The purpose of this request is to amend Special Use Permit – SP2004052. The applicant graded in a road and parking
to the office building during construction of a portion of Kenridge. At the time the office building w as being used as a
sales center for the development. The location of the graded in road and parking area was not show n on the approved
plan. The applicant is now requesting approval of this location for the access road and parking to the office building
instead of the approved access road and parking to the office building that is show n on the approved plan.
Staff finds the following factors favorable to this request:
1. The factors supporting approval of the original special use permit have not changed.
Staff finds no factors unfavorable to this request.
Recommended Action:
Before this request goes to the Board of Supervisors, staff has requested that the applicant make minor revisions to the
plan that include things like labeling the setback lines, railroad, the housing types with locations, etc. These were shown
on the original approved plan, w hich the applicant submitted as part of the revised plans. Staff has recently made this
request of the applicant in order to avoid confusion.
Staff recommends conditional approval of SP 2009006, Kenridge provided the applicant makes minor revisions to the
conceptual plan prior to submitting the plan for the Board of Supervisors public hearing.
The conditions are the same as the ones previously approved, except for the plan.
1. The approved final site plan shall be in general accord with the revised Conceptual Plan prepared by C ollins Engineering
McKee Carson, dated June 16, 2005 March 16, 2009 revision To be determined: 2009 (“Conceptual Plan”). (See
Attachment). Parking for the office use shall be limited to the area and number of spaces shown on the Conceptual Plan. If
additional parking is required for the office use, an amendment of this special permit shall be required;
2. There shall be a minimum front yard of two hundred seventy five (275) feet between the southernmost structure (the “Main
House”) and the property line adjacent to Route 250 as shown on the Conceptual Plan; side and rear yards shall be as
shown on the Conceptual Plan;
3. All streets on the property connecting to adjacent properties as shown on the Conceptual Plan shall be constructed by the
applicant to an urban section with the intent that such streets on the property connecting to adjacent properties will be built
to a standard consistent with the connecting street on the White Gables property. All streets and pedestrian accesses shall
be constructed to a standard acceptable to the County Engineer in accordance with the highlighted sections of Attachment
A, revised and dated August 30, 2005 and initialed as CTG;
4. The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and across the Kenridge property to its
entrance at Ivy Road, as shown on the Conceptual Plan, shall be established as a private street in conjunction with the final
subdivision plat or site plan. As a condition of final subdivision plat or site plan approval, the applicant shall grant all
easements deemed necessary by the Director of C ommunity Development to assure the public's right to use the
connecting road for purposes of ingress to and egress from Tax Map 60, Parcel 28;
5. The applicant shall comply with all requirements of the VDOT related to design and construction of the entrance to the
property, as shown on the Conceptual Plan, and shall pay its pro rata share of the cost for signalization of this infrastructure
contributed by traffic from the development as follows:
(a) Prior to the issuance of a building permit, the applicant shall place funds in escrow or provide other security (“security”)
acceptable to the County in an amount equal to its pro rata share of the cost of the signal which amount shall be calculated
by the Director of Community Development in the year in which the security is provided. The security shall continue so that
it is available to pay for the cost of the signal until ten (10) years after the date of approval of this special use permit;
security provided that is not in an interestbearing account shall be annually renew ed, and the amount of the security shall
be adjusted each year according to the consumer price index, as determined by the Director of Community D evelopment;
and
(b) If, at any time until ten (10) years after the date of approval of this special use permit, VDOT authorizes in writing the
installation of the signal, and VDOT and the County’s Engineer approve the signal’s installation before the applicant has
obtained a building permit, the County may demand payment of the applicant’s pro rata share of the cost of the traffic
signal, and the applicant shall pay its pro rata share of the cost to the C ounty within thirty (30) days of that demand.
6. Screening adjacent to the railroad rightofway and along the west and east sides of the project shall be provided and
maintained as depicted on the Conceptual D iagram of Perimeter Screen and Privacy Planting, dated May 12, 2005, by
Charles J. Stick, attached as Attachment B. The continuous evergreen trees noted as Leyland Cypress H edge along the
north, east and west sides of the project shall be installed at ten (10) feet to twelve (12) feet in height after lot grading but
prior to issuance of a building permit for any dwelling unit construction. The Leyland Cypress Hedge also shall be planted on
eight (8) foot centers. U nderground irrigation shall be provided for all the planting areas. Screening deemed acceptable to the
Director of Community Development shall be provided adjacent to the railroad to mitigate the impact of this development on
adjacent property and the impact of the railroad on this development;
7. Prior to any alteration or demolition of any building, a reconnaissance level documentation to include black and white
photographs and a brief architectural description shall be provided to the satisfaction of the County's H istoric Preservation
Planner;
8. Regardless of the ownership of the open space and amenities, they shall be made available for use by all residential and
commercial units in the development;
9. Except for those attached single family buildings located in Zone (A) the exteriors of blocks of attached single family
buildings shall be either red brick, or white painted brick, with gable roofs. The exteriors of attached single family buildings
in Zone (A) shall be red brick with gable roofs. The features in Zone (A) shall be reviewed and approved by the ARB during
its review of the site plan for these buildings. The exteriors of detached residences shall be either red brick or painted w hite
brick. These materials shall be reviewed and approved by the Design Planner before the issuance of a building permit for
the buildings (See Attachment C);
10. Exterior roof surfaces shall be constructed of either copper or synthetic slate;
11. The new villa and town home units shall include garden improvements, generally as depicted on the Front Garden Diagram,
dated August 24, 2005, by Charles J. Stick, Landscape Architect. (See Attachment D). Maintenance of these areas shall be
provided for and required by the H omeowner’s Association which shall be set forth in the Covenants for this development.
The decorative walls, steps and walks shall be constructed of either brick or stone;
12. To ensure the retention of the majority of the existing trees in the two hundred seventyfive (275) foot front yard setback
described in Condition 2 (located between the main house and the Route 250 West Entrance Corridor), the applicant shall
submit for review and approval by the County’s Design Planner a tree conservation plan prepared by a state certified
arborist that meets the requirements of Section 32.7.9.4 of the Zoning Ordinance. This plan shall be required for all erosion
and sediment control plans, site plans, and subdivision plats;
13. The site wall immediately adjacent to Route 250 W est shall be included on all drawings that include its context. All grading,
road alignments, turning lanes, and other improvements shall be adjusted to insure that impacts to the wall only include
closing the existing entrance and adding a single entrance. Notes shall be included on the grading, site plans and
subdivision plats that state: “The existing site wall shall remain. Disturbance shall be limited to the closure of the existing
entrance and the opening of the proposed entrance into the site." Any changes to the wall shall be minimal and articulated
to blend with the character of the existing wall to the satisfaction of the Architectural Review Board. Prior to the issuance of
any building permits in the final block, the stone pillars shall be replaced at the new entrance from Route 250;
14. The design of all single family detached residences, including but not limited to colors, roofing, siding and foundation
material selections, shall be coordinated with the Architectural Review Boardapproved designs of the attached residential
units, as determined by the Design Planner;
15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) cash per new dwelling unit to the
County for funding affordable housing programs [including the Housing Trust Fund]. The cash contribution shall be paid at
the time of the issuance of the Building Permit for such new unit. The acceptance of this special use permit by the owner
shall obligate the ow ner to make this contribution;
16. Pedestrian access deemed acceptable by the Director of Community D evelopment shall be provided to the Manor Home
and the Carriage House; and
17. With the exception of the entrance road, all streets within the development shall conform to the neighborhood model matrix
deemed appropriate by the Director of Community Development.
ATTACHMENTS
Attachment A – Tax Map
Attachment B – Vicinity Map
Attachment C – Kenridge Special Use Permit Amendment Plan, dated March 16, 2009, revised 62409
Attachment D – Planning C ommission Minutes dated July 26, 2005 and Board of Supervisors minutes dated October 5,
2005
Attachment E – Planning Commission Staff Report dated March 29, 2005
Attachment F – Board of Supervisors’ Action letter to Steven Blaine, dated October 13, 2005
Return to exec summary
Reco mmended Kenridg e Conditions (Board of Supervisors Public Hearin g September 9, 2009)
1. The approv ed final site plan shall be in general accord w ith the revised Conceptual Plan prepared by
C ollins Engineering McKee Carson, revision date June 16, 2005 August 25, 2009 (“Conceptual Plan”).
(See Attachment). Parking for the office use shall be limited to the area and number of s paces shown
on the Conceptual Plan. If additional parking is required for the office us e, an amendment of this special
permit shall be required;
2. There shall be a minimum front yard of two hundred seventy five (275) feet between the
southernmost structure (the “Main Hous e”) and the property line adjacent to Route 250 as shown on the
C onceptual Plan; side and rear yards shall be as shown on the C onceptual Plan;
3. All streets on the property connecting to adjacent properties as shown on the C onceptual Plan shall be
constructed by the applic ant to an urban s ection with the intent that suc h s treets on the property
connecting to adjacent properties w ill be built to a standard consistent w ith the connecting street on the
W hite Gables property. All s treets and pedestrian accesses shall be constructed to a standard
acceptable to the C ounty Engineer in accordance with the highlighted s ections of Attac hment A, revised
and dated August 30, 2005 and initialed as CTG;
4. The connec ting road extending from the former ITT property (Tax Map 60, Parcel 28) and across the
Kenridge property to its entrance at Ivy Road, as shown on the Conceptual Plan, shall be established
as a private street in conjunction w ith the final subdivision plat or site plan. As a condition of final
subdivision plat or site plan approval, the applicant shall grant all easements deemed nec essary by the
D irector of C ommunity D evelopment to ass ure the public's right to use the connecting road for purposes
of ingress to and egress from Tax Map 60, Parcel 28;
5. The applicant shall comply w ith all requirements of the VDOT related to design and construction of the
entrance to the property, as shown on the C onceptual Plan, and shall pay its pro rata share of the cos t
for signaliz ation of this infras tructure contributed by traffic from the development as follow s:
(a) Prior to the issuance of a building permit, the applicant shall place funds in escrow or provide other
security (“security”) acc eptable to the County in an amount equal to its pro rata share of the cost of
the signal which amount shall be calculated by the Director of Community D evelopment in the year
in which the security is provided. The security shall c ontinue so that it is available to pay for the
cost of the signal until ten (10) years after the date of approval of this special use permit; security
provided that is not in an interestbearing account s hall be annually renewed, and the amount of the
security s hall be adjusted each year according to the consumer pric e index, as determined by the
Director of C ommunity D evelopment; and
(b) If, at any time until ten (10) years after the date of approval of this special use permit, VD OT
authorizes in writing the installation of the signal, and VDOT and the C ounty’s Engineer approve the
signal’s installation before the applicant has obtained a building permit, the County may demand
payment of the applic ant’s pro rata share of the cost of the traffic signal, and the applicant shall pay
its pro rata share of the c ost to the County within thirty (30) days of that demand.
6. Screening adjacent to the railroad rightofw ay and along the w est and eas t sides of the project shall be
provided and maintained as depicted on the Conceptual D iagram of Perimeter Screen and Privacy
Planting, dated May 12, 2005, by C harles J. Stick, attac hed as Attachment B. The continuous
evergreen trees noted as Leyland Cypress Hedge along the north, east and west sides of the project
shall be ins talled at ten (10) feet to twelve (12) feet in height after lot grading but prior to iss uance of a
building permit for any dw elling unit construction. The Leyland C ypress H edge also shall be planted on
eight (8) foot c enters. Underground irrigation shall be prov ided for all the planting areas. Screening
deemed acceptable to the D irector of Community Development shall be provided adjacent to the railroad
to mitigate the impact of this development on adjacent property and the impact of the railroad on this
development;
7. Prior to any alteration or demolition of any building, a reconnaissance lev el documentation to include
black and white photographs and a brief arc hitectural description shall be provided to the s atisfaction of
the County's Historic Preservation Planner;
8. Regardles s of the ownership of the open s pace and amenities, they shall be made available for use by
all residential and commercial units in the development;
9. Except for those attached single family buildings located in Zone (A) the ex teriors of block s of attached
single family buildings shall be either red brick, or white painted brick, with gable roofs . The exteriors of
attached single family buildings in Zone (A) shall be red brick with gable roofs. The features in Zone (A)
shall be review ed and approved by the ARB during its review of the site plan for these buildings. The
exteriors of detached residences shall be either red bric k or painted white brick. These materials shall
be reviewed and approved by the D esign Planner before the issuance of a building permit for the
buildings (See Attachment C );
10. Exterior roof surfaces shall be constructed of either copper or synthetic slate;
11. The new villa and town home units shall include garden improvements, generally as depic ted on the
Front Garden D iagram, dated August 24, 2005, by Charles J. Stick, Lands cape Architec t. (See
Attachment D ). Maintenance of these areas shall be provided for and required by the Homeowner’s
Association which shall be set forth in the Covenants for this development. The decorative walls, steps
and walks shall be constructed of either bric k or stone;
12. To ensure the retention of the majority of the existing trees in the two hundred seventyfive (275) foot
front yard s etback described in Condition 2 (located between the main house and the Route 250 West
Entrance C orridor), the applic ant shall submit for review and approval by the C ounty’s D esign Planner a
tree cons erv ation plan prepared by a state certified arborist that meets the requirements of Section
32.7.9.4 of the Zoning Ordinance. This plan s hall be required for all erosion and sediment control plans,
site plans, and subdivision plats;
13. The site wall immediately adjacent to Route 250 West shall be included on all drawings that include its
context. All grading, road alignments, turning lanes, and other improvements shall be adjus ted to insure
that impacts to the wall only include closing the existing entrance and adding a single entrance. Notes
shall be inc luded on the grading, site plans and subdivis ion plats that s tate: “The existing s ite wall shall
remain. D isturbance shall be limited to the c losure of the existing entrance and the opening of the
proposed entrance into the site." Any changes to the wall shall be minimal and articulated to blend with
the character of the existing w all to the satisfaction of the Architectural R eview Board. Prior to the
issuance of any building permits in the final block, the stone pillars shall be replaced at the new
entrance from Route 250;
14. The design of all single family detached residences, including but not limited to colors, roofing, siding
and foundation material s elec tions, shall be c oordinated w ith the Architectural Review Boardapproved
designs of the attached res idential units, as determined by the D esign Planner;
15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) cash per new
dwelling unit to the County for funding affordable housing programs [inc luding the Housing Trust Fund].
The cash contribution shall be paid at the time of the issuance of the Building Permit for s uch new unit.
The acceptance of this special use permit by the owner s hall obligate the owner to make this
contribution;
16. Pedestrian access deemed acceptable by the Director of Community Development shall be provided to
the Manor H ome and the C arriage Hous e; and
17. W ith the exception of the entrance road, all streets within the development shall conform to the
neighborhood model matrix deemed appropriate by the Director of Community D evelopment.
Return to exec summary
Albemarle County Planning Commission
July 21, 2009
The Albemarle County Planning Commission held a public hearing and meeting on Tuesday,
July 21, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Linda Porterfield, Marcia Joseph and Bill Edgerton,
Acting Chair. Absent were Calvin Morris, Thomas Loach, Vice Chair and Eric Strucko,
Chairman. Julia Monteith, AICP, nonvoting representative for the University of Virginia was
absent.
Other officials present were Wayne Cilimberg, Director of Planning; Philip Custer, Engineer;
Summer Frederick, Senior Planner; Judy Wiegand, Senior Planner; Claudette Grant, Senior
Planner; Eryn Brennan, Senior Planner; David Benish, Chief of Planning; Amelia McCulley,
Director of Zoning/Zoning Administrator; Bill Fritz, Director of Current Development and Greg
Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Cilimberg called the regular meeting to order at 6:00 p.m. and established a quorum.
SP200900006 Kenridge
PROPOSED: Amendment to SP200452 to change the approved application plan. Modification
consists of revised location for access road and parking for the commercial building and the
elimination of one of the single family attached units. Approved uses remain unchanged.
ZONING CATEGORY/GENERAL USAGE: CO Commercial Office offices, supporting
commercial and service uses; and residential use by special use permit (15 units/acre)
SECTION: 23.2.2(9) R15 residential15 units/acre
COMPREHENSIVE PLAN LAND USE/DENSITY: Office Service office uses, regional scale
research, limited production and marketing activities, supporting commercial, lodging and
conference facilities, and residential (6.0134 units/acre) and Rural Areas preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5
unit/acre in development lots) in Neighborhood 7.
ENTRANCE CORRIDOR: Yes
LOCATION: North side of Ivy Road (Route 250 West across from Birdwood Golf Course)
Approximately 1/2 mile west of the intersection of Ivy Road and the 29/250 Bypass.
TAX MAP/PARCELS: 60K/61 & A2
MAGISTERIAL DISTRICT: Samuel Miller
(Claudette Grant)
Ms. Grant presented a PowerPoint presentation and summarized the staff report.
The applicant is requesting to amend the approved Special Use Permit SP2004052. The
requested change consists of revising the location of the access road and parking for the
office building and eliminating one of the singlefamily attached units. The purpose of this
public hearing is for the Commission to act on this request.
The new access road was installed during site construction to provide access to the office
building from Marsh Lane while the building was being used as the sales center for the
project. The location of the graded in road and parking area was not shown on the approved
plan. The applicant is now requesting approval of this location for the access road and
parking to the office building instead of the approved access road and parking to the office
building that is shown on the approved plan.
Staff finds the following factors favorable to this request:
1. The factors supporting approval of the original special use permit have not changed.
Staff finds no factors unfavorable to this request.
Staff recommends conditional approval of SP 2009006, Kenridge provided the applicant
makes minor revisions to the conceptual plan prior to submitting the plan for the Board of
Supervisors public hearing.
The conditions are the same as the ones previously approved, except for the plan change
shown in condition 1, as follows.
1. The approved final site plan shall be in general accord with the revised Conceptual Plan
prepared by Collins Engineering McKee Carson, dated June 16, 2005 March 16, 2009
revision To be determined: 2009 (“Conceptual Plan”). (See Attachment). Parking for the
office use shall be limited to the area and number of spaces shown on the Conceptual
Plan. If additional parking is required for the office use, an amendment of this special
permit shall be required;
Mr. Edgerton opened the public hearing and invited the applicant to address the Commission.
Scott Collins, representative for Kenridge, LLC, noted that staff has done a wonderful job in
laying out the request. He offered to answer any questions the Commission may have in
regards to what they are proposing at this time.
Mr. Edgerton invited questions for Mr. Collins from the Commission.
Ms. Joseph noted when she saw the site plan that was approved she really liked it. When the
Commission first looked at this there was just a slope going right back into those units and she
kept trying to figure out how they were going to divert the water from just going into those units.
This plan has a series of three retaining walls on it and it looked like a very eloquent plan in
answer to what was going to happen. This is difficult because this plan is so far superior to just
blasting in that road. They have two parallel roads now. They have one unit that sits to the
side of one of the roads that is separated by this road now. The plan is lovely with the three
retaining walls coming down. She could not read the elevations of the retaining walls, but it
looks as if they are 3’ or 5’ stepping down the hill. It gives the people a nice backyard and a
lovely swale. She asked if they are requesting this because the road has already been cut in
there. She was trying to figure out why they can’t do the plan that was approved.
Mr. Collins replied that the biggest issue was the retaining walls that they had to put in beside
the singlefamily homes and the existing homes. The 10’ retaining walls would be right next to
these units and could be seen from Route 250. It was not ideal from any aspect to put in such
tall retaining walls to try to force a road in at 10 percent grade from Colridge Road up to the
office building.
Ms. Joseph asked on Sheet 3 of the site plan layout if he was talking about the retaining wall
behind units 62, 63, 64 and 65 being 10’ tall.
Mr. Collins replied no that he was talking about the retaining wall between units 12 and 65. In
trying to get that road through there was going to be very hard. The retaining wall that is shown
behind units 62, 63, 64 and 65 is still going to be there. That is no going to go away. That is
still fairly necessary.
Ms. Joseph noted that she was trying to figure out what was going on here. She asked if he
was saying to put that road in would require jumping up 10’.
Mr. Collins replied that basically cutting that road between units 12 and 65 is ten percent at a
maximum and is going straight up. But units 12 and 65 are basically a flat house and the yards
just go straight back. So they would have a road going up 10 percent next to a yard that is flat.
It starts at 2’ at the road and at the back of the house people would be looking at a 10’ to 12’
wall.
Ms. Joseph said that the 10’ wall would be visible from the occupants of the house and not from
the Entrance Corridor.
Mr. Collins pointed out that actually that wall was visible from the Entrance Corridor as well. All
of the exhibits done for the ARB during their review did show that wall being visible from the
Entrance Corridor.
Mr. Edgerton invited public comment. There being none, the public hearing was closed and the
matter before the Commission.
Motion: Ms. Porterfield moved and Mr. Franco seconded to approve SP200900006 Kenridge
subject to the conditions recommended in the staff report with minor revisions to the conceptual
plan with administrative approval by staff.
1. The approved final site plan shall be in general accord with the revised Conceptual Plan
prepared by Collins Engineering, dated March 16, 2009 revision To be determined:
2009. (See Attachment). Parking for the office use shall be limited to the area and number
of spaces shown on the Conceptual Plan. If additional parking is required for the office
use, an amendment of this special permit shall be required;
2. There shall be a minimum front yard of two hundred seventy five (275) feet between the
a. southernmost structure (the “Main House”) and the property line adjacent to Route
250 as shown on the Conceptual Plan; side and rear yards shall be as shown on the
Conceptual Plan;
3. All streets on the property connecting to adjacent properties as shown on the Conceptual
Plan shall be constructed by the applicant to an urban section with the intent that such
streets on the property connecting to adjacent properties will be built to a standard
consistent with the connecting street on the White Gables property. All streets and
pedestrian accesses shall be constructed to a standard acceptable to the County
Engineer in accordance with the highlighted sections of Attachment A, revised and dated
August 30, 2005 and initialed as CTG;
4. The connecting road extending from the former ITT property (Tax Map 60, Parcel 28) and
across the Kenridge property to its entrance at Ivy Road, as shown on the Conceptual
Plan, shall be established as a private street in conjunction with the final subdivision plat
or site plan. As a condition of final subdivision plat or site plan approval, the applicant
shall grant all easements deemed necessary by the Director of Community Development
to assure the public's right to use the connecting road for purposes of ingress to and
egress from Tax Map 60, Parcel 28;
5. The applicant shall comply with all requirements of the VDOT related to design and
construction of the entrance to the property, as shown on the Conceptual Plan, and shall
pay its pro rata share of the cost for signalization of this infrastructure contributed by
traffic from the development as follows:
a. Prior to the issuance of a building permit, the applicant shall place funds in escrow
or provide other security (“security”) acceptable to the County in an amount equal to
its pro rata share of the cost of the signal which amount shall be calculated by the
Director of Community Development in the year in which the security is provided.
The security shall continue so that it is available to pay for the cost of the signal until
ten (10) years after the date of approval of this special use permit; security provided
that is not in an interestbearing account shall be annually renewed, and the amount
of the security shall be adjusted each year according to the consumer price index,
as determined by the Director of Community Development; and
b. If, at any time until ten (10) years after the date of approval of this special use
permit, VDOT authorizes in writing the installation of the signal, and VDOT and the
County’s Engineer approve the signal’s installation before the applicant has
obtained a building permit, the County may demand payment of the applicant’s pro
rata share of the cost of the traffic signal, and the applicant shall pay its pro rata
share of the cost to the County within thirty (30) days of that demand.
6. Screening adjacent to the railroad rightofway and along the west and east sides of the
project shall be provided and maintained as depicted on the Conceptual Diagram of
Perimeter Screen and Privacy Planting, dated May 12, 2005, by Charles J. Stick, attached
as Attachment B. The continuous evergreen trees noted as Leyland Cypress Hedge along
the north, east and west sides of the project shall be installed at ten (10) feet to twelve
(12) feet in height after lot grading but prior to issuance of a building permit for any
dwelling unit construction. The Leyland Cypress Hedge also shall be planted on eight (8)
foot centers. Underground irrigation shall be provided for all the planting areas. Screening
deemed acceptable to the Director of Community Development shall be provided adjacent
to the railroad to mitigate the impact of this development on adjacent property and the
impact of the railroad on this development;
7. Prior to any alteration or demolition of any building, a reconnaissance level documentation
to include black and white photographs and a brief architectural description shall be
provided to the satisfaction of the County's Historic Preservation Planner;
8. Regardless of the ownership of the open space and amenities, they shall be made
available for use by all residential and commercial units in the development;
9. Except for those attached single family buildings located in Zone (A) the exteriors of
blocks of attached single family buildings shall be either red brick, or white painted brick,
with gable roofs. The exteriors of attached single family buildings in Zone (A) shall be red
brick with gable roofs. The features in Zone (A) shall be reviewed and approved by the
ARB during its review of the site plan for these buildings. The exteriors of detached
residences shall be either red brick or painted white brick. These materials shall be
reviewed and approved by the Design Planner before the issuance of a building permit for
the buildings (See Attachment C);
10. Exterior roof surfaces shall be constructed of either copper or synthetic slate;
11. The new villa and town home units shall include garden improvements, generally as
depicted on the Front Garden Diagram, dated August 24, 2005, by Charles J. Stick,
Landscape Architect. (See Attachment D). Maintenance of these areas shall be provided
for and required by the Homeowner’s Association which shall be set forth in the
Covenants for this development. The decorative walls, steps and walks shall be
constructed of either brick or stone;
12. To ensure the retention of the majority of the existing trees in the two hundred seventy
five (275) foot front yard setback described in Condition 2 (located between the main
house and the Route 250 West Entrance Corridor), the applicant shall submit for review
and approval by the County’s Design Planner a tree conservation plan prepared by a
state certified arborist that meets the requirements of Section 32.7.9.4 of the Zoning
Ordinance. This plan shall be required for all erosion and sediment control plans, site
plans, and subdivision plats;
13. The site wall immediately adjacent to Route 250 West shall be included on all drawings
that include its context. All grading, road alignments, turning lanes, and other
improvements shall be adjusted to insure that impacts to the wall only include closing the
existing entrance and adding a single entrance. Notes shall be included on the grading,
site plans and subdivision plats that state: “The existing site wall shall remain.
Disturbance shall be limited to the closure of the existing entrance and the opening of the
proposed entrance into the site." Any changes to the wall shall be minimal and articulated
to blend with the character of the existing wall to the satisfaction of the Architectural
Review Board. Prior to the issuance of any building permits in the final block, the stone
pillars shall be replaced at the new entrance from Route 250;
14. The design of all single family detached residences, including but not limited to colors,
roofing, siding and foundation material selections, shall be coordinated with the
Architectural Review Boardapproved designs of the attached residential units, as
determined by the Design Planner;
15. The owner agrees to voluntarily contribute a sum of three thousand dollars ($3,000) cash
per new dwelling unit to the County for funding affordable housing programs [including the
Housing Trust Fund]. The cash contribution shall be paid at the time of the issuance of the
Building Permit for such new unit. The acceptance of this special use permit by the owner
shall obligate the owner to make this contribution;
16. Pedestrian access deemed acceptable by the Director of Community Development shall
be provided to the Manor Home and the Carriage House; and
17. With the exception of the entrance road, all streets within the development shall conform
to the neighborhood model matrix deemed appropriate by the Director of Community
Development.
Ms. Echols asked if that included all of the conditions listed in the staff report, and Ms.
Porterfield replied yes.
The motion passed by a vote of 4:0.
Mr. Edgerton said that SP200900006 Kenridge would go to the Board of Supervisors at a date
to be determined with a recommendation for approval subject to the conditions of approval as
modified by the Planning Commission.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN DA TITLE:
SP 200916 Mus ic Festival
SUB JEC T/PROPOSA L/REQUEST:
Special Use Permit to allow a special event at the
Misty Mountain C amp Resort
STAFF CONTACT(S):
Cilimberg, Brennan
LEGAL REVIEW : N o
AGENDA DATE:
September 9, 2009
ACTION: X INFORMATION:
CONSEN T AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: No
REVIEW ED BY:
BA C KGROUND:
The Planning Comm ission held a public hearing f or t his project on August 18, 2009. At that meeting the
Planning Commission request ed that staff add language t o Condit ion 2 t o limit t he area of the activities relat ed t o
t he special event t o a specif ic locat ion on t he parcel.
DISCUSSION:
Planning and Zoning st af f suggest ed adding the following language t o Condition 2, “All act ivit ies related to the
m usic festival shall t ake place wit hin the area of t he site bound by t he Rockf ish Gap Turnpike, M isty Mount ain
Road, Stockt on Creek and t he west ern parcel boundary.” Condition 2 would read as such:
1. Developm ent of t he use shall be in conf orm ity wit h t he Concept Plan entit led M isty Mount ain Cam p
Resort SP200916 Music Festival, prepared by Albem arle Count y Of fice of Geographic Dat a Services,
and signed by Mike Leo and dat ed August 6, 2009, (hereinaf t er, the “Conceptual Plan”), as determ ined
by t he Direct or of Planning and t he Zoning Administ rat or.
To be in conf ormity with t he plan, developm ent shall ref lect the following cent ral f eatures wit hin the
development essent ial t o the design of the development:
location of t emporary parking areas 1,2, and 3
location of t emporary st age
All activities relat ed t o the m usic festival shall t ake place wit hin the area of t he site bound by the
Rockf ish Gap Turnpike, Mist y M ountain Road, Stockt on Creek and t he west ern parcel boundary. Minor
modif icat ions t o the plan which do not conflict with t he elem ent s above may be made t o ensure
compliance wit h t he Zoning Ordinance.
I n reviewing the conditions since t he Planning Commission m eeting, staff also suggests the f ollowing m odif ied
language to provide m ore clarity t o condition 10:
10. The maximum number of vehicles allowed to be parked on the sit e f or the special event on each day shall not
exceed 224.
RECOMMENDATION:
With the added language t o Condition 2 and change t o condit ion 10, st af f and the Planning Com m ission recommend
approval of SP 200916 M usic Fest ival wit h t he seventeen (17) conditions as follows:
1. The use shall conform to any exist ing applicable special use permit s, including but not limit ed t o SP 199430,
whose t erms are hereby incorporat ed by reference.
2. Development of the use shall be in conf orm it y wit h t he Concept Plan ent itled Mist y M ountain Camp Resort
SP200916 Music Fest ival, prepared by Albemarle County Of f ice of Geographic Data Services, and signed by
M ike Leo and dated August 6, 2009, (hereinaf t er, the “Conceptual Plan”), as det erm ined by t he Direct or of
Planning and the Zoning Adm inist rat or.
To be in conf orm ity with t he plan, developm ent shall ref lect t he following central feat ures wit hin t he
developm ent essential to t he design of t he developm ent :
locat ion of tem porary parking areas 1,2, and 3
locat ion of tem porary st age
All activities relat ed t o t he music f estival shall t ake place wit hin t he area of the site bound by t he Rockf ish
Gap Turnpike, M isty Mount ain Road, Stockt on Creek and t he west ern parcel boundary. M inor m odif ications
to the plan which do not conf lict wit h the element s above m ay be made t o ensure com pliance wit h t he
Zoning Ordinance.
3. A music f est ival special event shall be perm it t ed once every twelve (12) mont h period, f or a m axim um of
three (3) consecut ive days consist ing of one week day and t wo weekend days. Any increase in t he number of
special event s shall require an amendment to t his special use perm it.
4. A maximum of f ift een (15) vendors shall be allowed t o operate on any given day during t he music f estival.
5. Writ ten approval f rom t he Police Department , Fire and Rescue, and t he Health Depart ment shall be required
each year prior t o t he issuance of a zoning clearance t o allow t he special event use.
6. No tree rem oval, grading, or dist urbance shall take place within the driplines of t he t rees as shown on the
Concept Plan prepared by Mike Leo, and dat ed March 25, 2009. Any grading or dist urbance wit hin t en (10)
feet of any dripline shall necessit at e subm itt al of a "Tree Protect ion Plan" in accord with sect ion 32.7.9.4 of
the Zoning Ordinance. No grading or disturbance wit hin t en (10) f eet of any dripline shall be permit ted until a)
a survey and f encing have been com plet ed and b) t he Planning Director approves a plan which shows t he
grading or dist urbance and t he surveyed dripline of the exist ing t rees.
7. Hours of operation for t he music event shall be between 12:00 p.m . and 10:00 p.m.
8. Offsite parking shall not be perm it t ed.
9. The m axim um num ber of people allowed on t he sit e f or the special event on each day shall not exceed 500
persons.
10. The m axim um num ber of vehicles allowed t o be parked on the sit e f or the special event on each day shall
not exceed 224.
11. A m inimum of 20 privat e securit y, parking, and traff ic cont rol staff m embers shall be required on site each
day of t he music f estival.
12. Overnight camping out side t he designated camping areas shall be prohibited.
13. All outdoor lighting shall be only full cut of f f ixtures and shielded t o ref lect light away f rom all abut ting
properties. A lighting plan lim iting light levels at all propert y lines to no greater t han 0.3 foot candles shall be
submit ted t o the Zoning Administrator or t heir designee f or approval.
14. The m axim um level of noise shall not exceed 65 dBA as m easured f rom an adjacent propert y.
15. The applicant shall reseed and restore the parking area site(s) as required by the zoning administ rat or within
30 days of the last day of the special event .
16. The sit e shall be restored and cleared of all t rash, debris, and tem porary st ruct ures associat ed with the
special event within two days af ter t he final day of t he special event.
17. Special use permit 200916 shall be valid unt il June 30, 2011.
View PC ac tions letter
View staff report and attac hment s
View PC minutes
Ret urn t o regular agenda
August 27, 2009
Mike Leo
56 Misty Mountain Road
Greenwood, VA 22943
RE: SP200900016 Music Festival
TAX MAP/PARCEL: 07100000000300
Dear Mr. Leo:
The Albemarle County Planning Commission, at its meeting on August 18, 2009, by a vote of 7:0 recommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following c onditions:
1. The use shall conform to any existing applicable s pecial use permits, including but not limited to SP 199430,
whose terms are hereby incorporated by reference.
2. Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain Camp Resort
SP200916 Music Festival, prepared by Albemarle C ounty Office of Geographic Data Services, and signed by
Mike Leo and dated August 6, 2009, (hereinafter, the “Conceptual Plan”), as determined by the Director of
Planning and the Zoning Administrator.
To be in conformity with the plan, development shall reflect the following central features within the
development essential to the design of the development:
location of temporary parking areas 1,2, and 3
location of temporary stage
All activities related to the music festival shall take place within the area of the site bound by the
Rockfish Gap Turnpike, Misty Mountain Road, Stockton C reek and the western parcel boundary.
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
3. A music festiv al special event s hall be permitted once every twelv e (12) month period, for a maximum of three
(3) consecutiv e days consisting of one week day and tw o weekend days. Any increase in the number of special
events shall require an amendment to this special use permit.
4. A maximum of fifteen (15) vendors shall be allowed to operate on any given day during the music festival.
5. Written approval from the Police Department, Fire and Rescue, and the Health Department shall be required each
year prior to the issuance of a zoning clearance to allow the special event use.
6. No tree removal, grading, or disturbance shall take place within the driplines of the trees as shown on the
Concept Plan prepared by Mike Leo, and dated March 25, 2009. Any grading or disturbanc e within ten (10) feet
of any dripline shall necessitate submittal of a "Tree Protection Plan" in accord with section 32.7.9.4 of the
Zoning Ordinance. No grading or disturbance within ten (10) feet of any dripline shall be permitted until a) a
survey and fencing have been completed and b) the Planning Director approves a plan which shows the grading
or disturbance and the surveyed dripline of the exis ting trees.
7. Hours of operation for the music event shall be between 12:00 p.m. and 10:00 p.m.
8. Offsite parking shall not be permitted.
9. The maximum number of people allowed on the site for the spec ial event on each day shall not exceed 500
persons.
10. A maximum of 224 vehicles shall be allowed to be parked on site on any given day of the music festival.
11. A minimum of 20 private security, parking, and traffic control staff members shall be required on site each day of
the music festival.
12. Overnight camping outside the designated camping areas shall be prohibited.
13. All outdoor lighting shall be only full cutoff fix tures and shielded to reflect light away from all abutting
properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles shall be
submitted to the Zoning Administrator or their designee for approval.
14. The maximum level of noise shall not exceed 65 dBA as measured from an adjacent property.
15. The applicant shall reseed and restore the parking area site(s) as required by the z oning adminis trator within 30
days of the last day of the special event.
days of the last day of the special event.
16. The site shall be restored and cleared of all trash, debris, and temporary structures associated with the special
event within two days after the final day of the s pecial event.
17. Special use permit 200916 shall be valid until June 30, 2011.
Please be advised that the Albemarle C ounty Board of Supervisors will review this petition and receiv e public comment
at their meeting on September 9, 2009.
Ret urn t o exec s ummary
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me
at (434) 2965832.
Sincerely,
Eryn Brennan
Senior Planner
Planning Division
cc : 1906 LLC
30 Tupelo Road
Hilton Head Island, SC 29928
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: SP200916 Music Festival Staff: Eryn Brennan, Senior Planner
Planning Commission Public Hearing:
August 18, 2009
Board of Supervisors Public Hearing:
September 9, 2009
Owner: 1906, LLC Applicant: Mik e Leo
A creage: 47.11 acres Special U se Permit: 10.2.2.50 Special events
TMP: Tax Map 71 Parc el 3
Location: 56 Misty Mountain Road,
approximately threequarters of a mile wes t of I
64E junc tion
Existing Zoning and B yright use:
Rural Areas: agricultural, forestal, and fishery
uses; residential density (0.5 unit/acre); Entrance
Corridor Overlay District
Magisterial District: Whitehall Conditions: Yes
R A (Rural Areas): X Requested # of D welling Units: N /A
Proposal: Special Use Permit to allow a special
event at the Misty Mountain C amp Res ort
Comprehensive Plan Designation:
Rural Areas – preserve and protec t agricultural,
forestral, open space, and natural, historic and
scenic resources/residential density (0.5 unit/acre)
C haracter of Property: The camping area for the
Misty Mountain Camp Resort is located in the
northeast portion of the parcel closest to Rockfish
Gap Turnpike. The recreation center and store,
and the main house, are located in the northw est
portion of the parcel. An open field lies south of
the recreation center, and the entire southern
portion of the property is densely wooded.
Use of Surrounding Properties: The properties
surrounding the parcel are included in the Rural
Area Zoning District, and are c haracterized by
large farms and s inglefamily residential lots.
Factors Favorable:
1. The proposed use would minimally impact the
character of the site, given that the festival is a
temporary s pecial event and not permanent.
2. There are no anticipated detrimental impacts
on adjacent properties resulting from the proposed
use.
Factor Unfavorable:
1. The use does not direc tly contribute to the
goals outlined in the Rural Areas section of the
Comprehensive Plan.
2. The use would inc rease traffic in the area
during the three days of the fes tival.
R ECOMMEND ATION: Staff recommends approval of this Special U se Permit, with conditions.
STAFF PERSON : ER YN S. BR EN NAN
PRIVA TE PLANN IN G C OMMISSION: AU GUST 18, 2009
SP 200916 Music Festival
Petition:
PROJECT: SP200900016 Music Festival
PROPOSED: Special Use Permit to allow a special event at the Misty Mountain Camp R esort ZONIN G
C ATEGOR Y/GENERAL USAGE: R A Rural Areas agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre in development lots)
SECTION: 10.2.2.20 Day camp, boarding camp; 10.2.2.50 Special events
C OMPR EH EN SIVE PLAN LAND USE/DENSITY: Rural Areas preserve and protect agricultural,
forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre in development lots)
ENTR ANC E CORRIDOR : Yes
LOCATION: 56 Misty Mountain Road, approx. threequarters of a mile w est of I64E junction
TAX MAP/PAR CEL: 07100000000300
MAGISTERIAL DISTRICT: Whitehall
C haracter of the Area:
The 47 acre parcel where Misty Mountain Camp Resort is located is bifurcated by Misty Mountain R oad.
The camping area is located in the northeast portion of the parcel closest to Rockfish Gap Turnpike (see
Attachment A). The Community Building and bathhouse, are located in the northw est portion of the parcel,
also along Rockfish Gap Turnpike. A large, open field is located south of the Community Building and
bathhouse. Stockton C reek passes through the property approximately 70’ south of the field. The entire
parcel south of the Creek is densely wooded, and large swaths of critical slopes exist adjacent and
perpendicular to the Creek in this area. The properties surrounding the campground are designated Rural
Area in the C omprehensive Plan, and are included in the R ural Area Zoning District. These properties are
generally characterized by large farms and singlefamily residential lots. Several parcels north of Rockfish
Gap Turnpike are under conservation easement, and the parcel directly northwest of Misty Mountain
C amp Resort is located in the Yellow Mountain Agricultural/Forestal District.
Specifics of the Proposal:
The applicant is requesting a special use permit for a special event that would allow one threeday music
festival per year. The festival has already been scheduled to be held this year from October 2 – 4. The
music festival would have no more than 500 people in attendance per day and tickets w ould be sold in
advance, in order to ensure that the number of people on the site at any given point for the special event
w ould be managed. Any unsold tickets would be sold at the gate the day of the event. As the 500 person
request exceeds the number of participants allow ed by special use permit for a special event in the Rural
Areas, the applicant has requested a waiver for Section 5.1.43(e.5) of the Zoning Ordinance, which has
been included with the application.
The hours of operation for the music festival would be from noon to 10:00 pm. The primary stage would
consist of a semitruck that converts into a stage, and it would be located in the open field south of the
proposed parking area behind the structure labeled #50 on the concept plan (Attachment B). A building
permit w ould not be required for the temporary stage. A second stage w ould be located in the Community
Building labeled #56 on the concept plan. As the noise w ould exceed sound levels allowed in the Rural
Areas (60 dBA during the day and 55 dBA during the night), the applicant has requested a waiver for
Section 4.18.04 of the Zoning Ordinance, w hich is also included with the application. A condition has been
offered to restrict noise levels to no higher than 65 dBA during the event as measured from an adjacent
property (C ondition 14). Fifteen vendors selling food, w ine, beer, and souvenirs would set up the first day
of the event and w ould be dismantled and removed from the property the Monday follow ing the festival.
All festival parking would be onsite, and no offsite parking would be allowed. A condition has been
offered to restrict parking to onsite (Condition 8) in order to avoid unsafe traffic conditions on R oute 250.
Three separate parking areas have been identified on the concept plan (Attachment B), as w ell as a
handicapped parking area. The available space on the site can accommodate up to 224 cars, which
equals a maximum of 560 participants according to the calculation of 2.5 participants per one car, as
determined in Section 4.12.6 of the Zoning Ordinance.
The applicant has contracted for trash removal and recycling, and a total of 10 portable bathrooms would
be available for festival participants. The campground bathroom facilities would be closed to the general
public and keys would be given to those staying in the campground to access those facilities. The H ealth
D epartment has no issues with the event, but has stated that the applicant would need to obtain a permit
at least 14 days prior to the event, ensuring that the vendors are licensed and the number of portable
toilets is adequate.
Staff held a meeting with the police department and fire and rescue to discuss safety issues related to the
music festival. As in the past, the police would be notified of the event and encouraged to drive through the
park during the event. The applicant w ould have 12 private security staff members on site to assist with
parking and regulate the gates and entrance. An additional 10 private security staff provided by the festival
organization would be stationed in the festival area. Camping outside the designated camping areas would
not be allowed, and this rule would be enforced through signage in the parking areas and private security
personnel monitoring the venue. Emergency exits for Fire and R escue have been identified on the concept
plan, and the Fire and Rescue Division has issued a fire inspection report approving the proposed layout
of the emergency ingress and egress (Attachment C).
Staff has offered a condition to limit the validity of the special use permit to allow a trial period consisting of
two events (one in 2009 and one in 2010) in order to monitor impacts of the music festival, and to ensure
that no unforeseen impacts arise that w ould jeopardize the health, safety, and welfare of the general public
(Condition 17). The time limit for the special use permit w ould also allow the opportunity for Albemarle
C ounty to recommend additional conditions, if the applicant should chose to extend the special use permit,
should unforeseen issues regarding the music festival arise during the trial period.
Planning and Zoning History:
In 1969, Conditional Use Permit 116 was approved by the Board of Supervisors to allow a campground
on the site (see Attachment D).
In 1982, SP8261 w as approved to expand the number of camping sites allowed on the parcel to 112
(see Attachment E).
In 1994, SP9430 was approved to construct ten tourist cabins (see Attachment F).
C onformity with the Comprehensive Plan: The land uses supported by the Rural Areas chapter of the
C omprehensive Plan include agriculture, forestry, and conservation. The proposed special event does not
directly contribute to these land uses, but also does not negatively impact these land uses. The proposal is
temporary in nature and will occur over a very limited timeframe. The activity would occur on an existing
developed site (campground) and there are no permanent improvements proposed to the site to
accommodate the event. The agricultural activities and properties under conservation easement located
nearby and the adjacent Agricultural/Forestal D istrict would not be significantly impacted by the activity as
proposed and w ith the conditions recommended by staff. In summary, the scale and duration of this
proposal is such that it is not detrimental to the important elements that define Rural Area
(agricultural/forestal resources; land preservation/conservation; w ater supply resource;
natural/scenic/historic/cultural resources). There are no provisions in the C omprehensive Plan regarding
areas of assembly or number of people assembling in the R ural Area.
Staff Comment:
Staff will address each provision of Section 31.6 of the Zoning Ordinance as follows:
31.6: Special Use Permits provided for in this ordinance may be issued upon a finding by the
B oard of Supervisors that such use will not be of substantial detriment to adjacent property,
Staff does not anticipate any detrimental impacts to adjacent property. The music area is completely
buffered by a dense forest to the south. The nearest residences are located north and east of the music
area, the closest of which is 700 feet away and the farthest of which is 1200 feet away (see Attachment
G). Other residences to the west are located approximately onehalf mile from the site.
The Virginia D epartment of Transportation has determined that the proposed use would not have a
detrimental impact on traffic in the area because: 1) the special event is proposed only once per year, and
2) since the existing traffic on Route 250 in this location is only approximately 8000 vehicles per day, the
addition of up to 224 more vehicles arriving and leaving on the days of the operation w ould constitute only
a 3% increase in the number of cars on the road per day.
that the character of the district will not be changed thereby and
There will be no site development changes or permanent new construction on the property; therefore, the
use would have no longterm impact on the character of the district. The one stage proposed to be
assembled outdoors for the event would be temporary and removed the day follow ing the music festival.
The AR B staff has also determined that since no permanent structures are associated w ith the proposed
use, there w ould be no permanent impacts to the Entrance Corridor.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose of the R ural Areas Zoning District is the preservation of agricultural and forestal lands and
activities; water supply protection; limited service delivery to the rural areas; and conservation of natural,
scenic, and historic resources. The proposed use does not directly promote the purposes of the Rural
Areas Zoning District; however, special events are allowed by special use permit in the Rural Areas. Given
that the requested use would be a temporary event, it is not discordant with the goals and intent of the
R ural Areas Zoning and would have no permanent or detrimental impact on the district. The proposed
special event also would have no adverse impact on the w ater supply in the area since portable toilets are
being used for the event.
with uses permitted by right in the district,
The subject property and the surrounding adjacent properties are zoned Rural Areas. The uses permitted
by right under RA zoning directly support agriculture, forestry, and conservation of rural land. The special
event would not adversely affect the permitted by right uses in the R ural Area zoning district.
with the additional regulations provided in section 5.0 of this ordinance,
The additional regulations provided in section 5.0 of the Zoning Ordinance address zoning compliance and
special event structures and operations.
Staff will address each provision of Section 5.1.43 of the Zoning Ordinance as follows:
Each special event authorized by section 10.2.2(50) shall be subject to the following:
a. Eligibility and applicability. Special events may be authorized on those parcels in the Rural
Areas (R A) zoning district on which there is an existing and ongoing byright (section
10.2.1) primary use. A special event special use permit issued under section 10.2.2(50) and
this section shall not be required for special events associated with farm wineries or
historical centers, or for events determined by the zoning administrator to be accessory to
a primary use of the parcel.
The proposed special event does require a special use permit, as determined by the zoning administrator.
b. Information to be submitted with application for special use permit. In addition to any
information otherwise required to be submitted for a special use permit, each application
for a special use permit shall include the following:
1. Concept plan. A preliminary schematic plan (the “concept plan”) satisfying section 32.6.
The concept plan shall identify the structure(s) to be used for the special event, include
the area of the structure(s) in which the proposed special events will be conducted, the
parking area, and the entrance to the site from the street. The concept plan shall address,
in particular, provisions for safe and convenient access to and from the street, the
location of the parking area, the location of portable toilets if they may be required,
proposed screening as required by this section for parking areas and portable toilets, and
information regarding the exterior appearance of the proposed site. B ased on the concept
plan and other information submitted, the board of supervisors may then waive the
requirement for a site plan in a particular case, upon a finding that the requirement of a
site plan would not forward the purposes of this chapter or otherwise serve the public
interest.
A concept plan identifying the proposed stages, parking areas, entrance, and portable toilets has been
submitted (Attachment B). Images showing the exterior appearance of the site have also been submitted
(Attachment H & I). The zoning administrator has suggested that a site plan requirement be waived.
2. Information from the Virginia Department of Health. The applicant shall submit written
comments from the Virginia D epartment of H ealth regarding the private water supply and
the septic disposal system that will serve the proposed special event site, the ability of the
water supply and the septic disposal system to handle the proposed events, and the need
to improve the supply or the system in order to handle the proposed events.
The use of permanent bathroom facilities on the site would be restricted to campers at the Misty Mountain
C amp Resort. Ten portable toilets would be available onsite for the festival participants. The Health
D epartment has no objection to the proposed event, but has stated that the applicant would need to obtain
a permit at least 14 days prior to the event ensuring that the vendors are licensed and the number of
portable toilets is adequate.
3. Building and fire safety. The building official and the county department of fire and rescue
shall review and comment on the application, identifying all Virginia U niform Statewide
Building Code and Virginia Statewide Fire Prevention Code issues and requirements.
Building Inspections has no objection to the application. The Fire and Rescue Division has issued a fire
inspection report approving the site for the proposed use (Attachment C ).
c. Zoning compliance clearance. The applicant shall obtain a zoning compliance clearance
prior to conducting a special event. A single zoning clearance may be obtained for one (1)
or more such special events in a calendar year as follows:
1. The zoning administrator may issue a single zoning compliance clearance for more than
one (1) special event if: (i) the application submitted by the applicant includes the required
information in subsection 5.1.43(c)(3) for each special event to be covered by the zoning
compliance clearance: (ii) the zoning administrator determines that each special event is
substantially similar in nature and size; and (iii) the zoning administrator determines that a
single set of conditions that would apply to each such special event may be imposed with
the zoning compliance clearance.
2. The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior
to the date of the first special event to be authorized by the zoning compliance clearance.
The application shall be submitted to the zoning administrator, who shall forward copies
of the application to the county police department, the county building official, the county
department of fire and rescue, and the local office of the Virginia Department of Health. As
part of his review, the building official shall determine whether the structure(s) proposed
to be used for the special events satisfies the requirements of the Virginia Uniform
Statewide Building Code for that use.
3. The application shall describe the nature of each special event to be authorized by the
zoning compliance clearance, the date or dates and hours of operation of each such
special event, the facilities, structures to be used, and the number of participants and
support staff expect to attend each special event.
4. Upon a determination that all requirements of the zoning ordinance and all conditions of
the special use permit are satisfied, and imposing all conditions of such approval required
by the offices identified in subsection 5.1.43(c)(2), the zoning administrator shall issue a
zoning compliance clearance for one or more special events. The validity of the zoning
compliance clearance shall be conditional upon the applicant’s compliance with all
requirements of the zoning ordinance, all conditions of the approved special use permit,
the approved concept plan or site plan, and all conditions imposed by the zoning
compliance clearance.
The applicant would be required to obtain a Zoning Clearance prior to the event, if the special use permit
is approved. A condition has been offered to ensure this procedure is required (C ondition 5).
d. Special events sites and structures. In addition to all other applicable requirements of this
chapter, special events sites and structures shall be subject to the following:
1. Structures used for special events. Each structure used for a special event shall satisfy
the following: (i) the structure shall have been in existence on the date of adoption of this
section 5.1.43, provided that this requirement shall not apply to accessory structures less
than one hundred fifty (150) square feet in size; (ii) the structure shall be a lawful
conforming structure and shall support or have supported a lawful use of the property;
and (iii) modifications to farm buildings or farm structures as those terms are defined in
Virginia Code § 3697 shall allow the structure to revert to an agricultural use, as
determined by the building official.
There are no permanent structures proposed for the special event.
2. Minimum yards. N otwithstanding any other provision of this chapter, the minimum front
yard shall be seventyfive (75) feet. The minimum side yard shall be twentyfive feet (25)
feet. The minimum rear yard shall be thirtyfive (35) feet. All yards shall be measured from
structures and offstreet parking areas. These minimum yard requirements shall apply to
all accessory structures established after the effective date of this section 5.1.43 and all
tents, parking areas and portable toilets used in whole or in part to serve special events.
The minimum yard requirements for the portable toilets w ould be met according to the concept plan dated
March 25, 2009.
3. Parking. The number of offstreet parking spaces for a special event shall be as required
in section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the additional parking
area(s) for special events shall consist of or be constructed of pervious materials
including, but not limited to stabilized turf, approved by the county engineer. Asphalt and
impervious materials are prohibited. If the parking area is on grass or in a field, the
applicant shall reseed and restore the parking area site as required by the zoning
administrator. In addition to the requirements of section 4.12.5, the parking area shall be
onsite and screened from abutting parcels by topography, structures or new or existing
landscaping. Notwithstanding section 4.12.16(d) and (e), the delineation of parking spaces
and the provision of bumper blocks shall not be required.
Only onsite parking in grassy areas is proposed for the special event, and the applicant would be required
to reseed and restore the parking area site as required by the Zoning Ordinance. The locations of the
three proposed parking areas would be obscured from abutting parcels by the topography of the site and
existing landscaping.
4. Water and sewer. The private water supply and septic disposal system serving a special
event shall be approved by the Virginia D epartment of H ealth.
There would be no impact on the private w ater supply or septic disposal system since portable toilets and
bottled w ater would be used for the special event.
5. Streets and access. Streets serving the site shall be adequate for anticipated traffic
volume for a special event. Access from the street onto the site shall be adequate to
provide safe and convenient access to the site, and applicant shall install all required
improvements and provide adequate sight distance in order to provide safe and
convenient access.
The Virginia Department of Transportation has determined that the street and entrance drive are adequate
for the proposed special event.
e. Special events operations. In addition to all other applicable requirements of this chapter,
special events operations shall be subject to the following:
1. Number of participants. The number of participants at a special event at any one time shall
not exceed one hundred fifty (150) persons.
The applicant is requesting that up to 500 participants of the music festival be allowed on the site each
day, and hence, is requesting a waiver for this supplementary regulation. Currently, approximately 600
people are allowed on site under the auspices of the special use permit for the campground. Staff
recommended that no more than 500 additional people be allowed on the site for the music festival (for a
total of 1100 people allowed on the site for both the music festival and campground) to ensure the safety
and manageability of campers and festival participants.
2. Number of special events per year. The special use permit shall identify the number of
approved special events per calendar year, which number shall not exceed twentyfour
(24).
The current special use permit application is for only one threeday special event per year.
3. Signs. Permanent and temporary signs advertising a special event shall be permitted as
provided in sections 4.15.4 and 4.15.8.
N o additional signage advertising the special event w ould be posted on the site.
4. Food service. No kitchen facility permitted by the Virginia D epartment of H ealth as a
commercial kitchen shall be allowed on the site. A kitchen may be used by licensed
caterers for the handling, warming and distribution of food, but not for cooking food, to
be served at a special event.
The food vendors w ould distribute food at the special event, but they would not utilize a kitchen facility on
the site. The H ealth Department has determined that the applicant would need to obtain a permit at least
14 days prior to the event ensuring that the vendors are licensed.
5. Portable toilets. If required, portable toilets are permitted on the site, provided that they
comply with the yard requirements in section 5.1.43(d)(2) and shall be screened from that
parcel and any street by topography, structures or new or existing landscaping.
The portable toilets would be screened from any street view by the topography of the site and existing
landscaping.
f. Prohibition of development to a more intensive use. A parcel subject to a special events
special use permit shall not be subdivided so as to create one or more parcels, including
the parent parcel, of less than twentyone acres in size without first amending the special
use permit to expressly authorize the subdivision. If a parcel is so subdivided without first
amending the special use permit, special events shall thereafter be prohibited on the
resulting parcels unless a new special use permit is obtained.
The applicant has not proposed to subdivide the property.
and with the public health, safety and general welfare.
The public health, safety, and general w elfare of the community are protected through the special use
permit process w hich assures that the proposed uses are appropriate in the location requested. The
Building Official has offered no concerns about the proposal.
The H ealth D epartment has no objection to the proposed special use permit application, but has stated
that the applicant w ould need to obtain a permit prior to the event to ensure that the food vendors are
licensed and the number of portable toilets is adequate. The Fire and Safety D epartment has conducted
and approved a fire safety inspection report for the special event (Attachment C).
The Virginia D epartment of Transportation has no objection to the proposed special use permit. However,
the proposed use would generate 224 more vehicles per day on R ockfish Gap Turnpike and, therefore,
w ould have some impact on traffic in this area.
SUMMAR Y:
Staff has identified the follow ing factors favorable to this application:
1. The proposed use would minimally impact the character of the site, given that the festival is a
temporary special event and no permanent structures or improvements would be constructed.
2. There are no anticipated detrimental impacts on adjacent property resulting from the proposed use.
Staff has identified the follow ing factors unfavorable to this application:
1. The use does not directly contribute to the goals outlined in the R ural Areas section of the
Comprehensive Plan.
2. The use w ould increase traffic in the area during the three days of the festival.
SP 199430 Conditions for Misty Mountain C ampground
The conditions approved with SP 199430 have been italicized and included below for your information.
1. No more than a total of 112 camping sites on property described as County Tax Map 71, Parcel 3,
Samuel Miller Magisterial District, consisting of 47.11 acres zoned R A R ural Areas. N ot more than
six of these camp sites may be used for cabins which are to be located on the south side of
Stockton C reek in existing camp sites. N ot more than four of these cabins may qualify as dwelling
units. Any cabins constructed as dwelling units shall comply w ith the provisions of Section 10.2.1.1.
No cabins shall be utilized until all appropriate Building Code and Health D epartment requirements
have been met;
2. No new camping sites shall be located in the flood plain, as determined by the Army C orps of
Engineers;
3. All such uses shall conform to the requirements of the Virginia D epartment of Health Bureau of
Tourist Establishment Sanitation and other applicable requirements;
4. Provisions for outdoor cooking, campfires, cooking pits, ect., shall be subject to Albemarle County
Fire Official approval;
5. Conditions one and six of C onditional U se Permit #116 shall be met to the reasonable satisfaction
of the Zoning Administrator;
6. No new camping sites or additional storage of parked trailers, campers and recreational vehicles
within the 150foot setback. New and additional vehicles shall be in compliance with a 150foot
setback from the edge of the R oute 250 rightofway;
7. The cabins w ould not be used from N ovember 15 to March 15.
R EC OMMEN DED A CTION:
Based on the findings contained in this staff report, staff recommends approval of Special U se Permit
2009016 Music Festival, subject to the following conditions of approval.
1. The use shall conform to any existing applicable special use permits, including but not limited to SP
199430, whose terms are hereby incorporated by reference.
2. Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain Camp
Resort SP200916 Music Festival, prepared by Albemarle County Office of Geographic D ata
Services, and signed by Mike Leo and dated August 6, 2009, (hereinafter, the “Conceptual Plan”),
as determined by the Director of Planning and the Zoning Administrator.
To be in conformity with the plan, development shall reflect the follow ing central features w ithin the
development essential to the design of the development:
location of temporary parking areas 1,2, and 3
location of temporary stage
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
3. A music festival special event shall be permitted once every tw elve (12) month period, for a
maximum of three (3) consecutive days consisting of one week day and tw o weekend days. Any
increase in the number of special events shall require an amendment to this special use permit.
4. A maximum of fifteen (15) vendors shall be allowed to operate on any given day during the music
festival.
5. Written approval from the Police D epartment, Fire and R escue, and the Health Department shall
be required each year prior to the issuance of a zoning clearance to allow the special event use.
6. No tree removal, grading, or disturbance shall take place w ithin the driplines of the trees as show n
on the C oncept Plan prepared by Mike Leo, and dated March 25, 2009. Any grading or
disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree Protection
Plan" in accord w ith section 32.7.9.4 of the Zoning Ordinance. N o grading or disturbance within ten
(10) feet of any dripline shall be permitted until a) a survey and fencing have been completed and
b) the Planning Director approves a plan which show s the grading or disturbance and the surveyed
dripline of the existing trees.
7. Hours of operation for the music event shall be between 12:00 p.m. and 10:00 p.m.
8. Offsite parking shall not be permitted.
9. The maximum number of people allowed on the site for the special event on each day shall not
exceed 500 persons.
10. A maximum of 224 vehicles shall be allow ed to be parked on site on any given day of the music
festival.
11. A minimum of 20 private security, parking, and traffic control staff members shall be required on
site each day of the music festival.
12. Overnight camping outside the designated camping areas shall be prohibited.
13. All outdoor lighting shall be only full cutoff fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3
foot candles shall be submitted to the Zoning Administrator or their designee for approval.
14. The maximum level of noise shall not exceed 65 dBA as measured from an adjacent property.
15. The applicant shall reseed and restore the parking area site(s) as required by the zoning
administrator within 30 days of the last day of the special event.
16. The site shall be restored and cleared of all trash, debris, and temporary structures associated w ith
the special event within tw o days after the final day of the special event.
17. Special use permit 200916 shall be valid until June 30, 2011.
A TTA CHMENTS
A ttachment A – Map of the Site
A ttachment B – Concept Plan
A ttachment C Fire and R escue Inspection R eport
A ttachment D – Board of Supervisors Action Letter, CUP 116
A ttachment E – Board of Supervisors Action Letter, SP8261
A ttachment F – Board of Supervisors Action Letter, SP9430
A ttachment G – Map of Area
A ttachment H – Images of the site from Rockfish Gap Turnpike
A ttachment I – Images of the proposed festival area
Return to PC exec summary
Albemarle County Planning Commission
August 18, 2009
The Albemarle County Planning Commission held a public hearing and meeting on Tuesday,
August 18, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Don Franco, Linda Porterfield Marcia Joseph, Calvin Morris, Bill
Edgerton, Thomas Loach, Vice Chair and Eric Strucko, Chairman. Julia Monteith, AICP, non
voting representative for the University of Virginia was present.
Other officials present were Rebecca Ragsdale, Senior Planner; David Benish, Chief of Planning;
Eryn Brennan, Senior Planner; Wayne Cilimberg, Director of Planning; Elizabeth Moratta, Senior
Planner; Glenn Brooks, County Engineer; Ron Higgins, Chief of Zoning; Scott Clark, Senior
Planner; Bill Fritz, Director of Current Development and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Strucko called the regular meeting to order at 6:00 p.m. and established a quorum.
Other Matters Not Listed on the Agenda from the Public:
Mr. Strucko invited comment from the public on other matters not listed on the agenda. There
being none, the meeting moved to the next item.
SP20090016 Music Festival
PROPOSED: Special Use Permit to allow a special event at the Misty Mountain Camp Resort
ZONING CATEGORY/GENERAL USAGE: RA Rural Areas agricultural, forestal, and fishery
uses; residential density (0.5 unit/acre in development lots). SECTION: 10.2.2.50 Special events
.COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas preserve and protect
agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5 unit/ acre
in development lots)
ENTRANCE CORRIDOR: Yes. LOCATION: 56 Misty Mountain Road, approx. threequarters of a
mile west of 64E junction. TAX MAP/PARCEL: 07100000000300. MAGISTERIAL DISTRICT:
Samuel Miller
(Eryn Brennan)
Ms. Brennan presented a PowerPoint presentation and summarized the staff report.
The applicant is requesting a special use permit for a special event that would allow one three
day music festival per year. The festival has already been scheduled to be held this year from
October 2 – 4.
The 47 acre parcel where Misty Mountain Camp Resort is located is bifurcated by Misty Mountain
Road. The camping area is located in the northeast portion of the parcel closest to Rockfish Gap
Turnpike. The Community Building and bathhouse, are located in the northwest portion of the
parcel, also along Rockfish Gap Turnpike. A large, open field is located south of the Community
Building and bathhouse. Stockton Creek passes through the property approximately 70’ south of
the field. The entire parcel south of the Creek is densely wooded, and large swaths of critical
slopes exist adjacent and perpendicular to the Creek in this area. The properties surrounding the
campground are designated Rural Area in the Comprehensive Plan, and are included in the Rural
Area Zoning District. These properties are generally characterized by large farms and single
family residential lots. Several parcels north of Rockfish Gap Turnpike are under conservation
family residential lots. Several parcels north of Rockfish Gap Turnpike are under conservation
easement, and the parcel directly northwest of Misty Mountain Camp Resort is located in the
Yellow Mountain Agricultural/Forestal District.
The concept plan shows the layout of the location of the stages, vendors, parking areas,
entrance, emergency access, gates and portable toilets. This concept plan will be tied to the
conditions of approval for the special use permit. The primary stage will consist of a semi
truck that converts into a stage and it would be located in the open field south of the proposed
parking area as shown in the concept plan. A building permit would not be required for the
temporary stage. The second temporary stage would be located inside the community
building.
The applicant is asking that the special use permit limit the number in attendance of the music
festival to 500. However, this number is in addition to the approximately 600 people allowed
on site with the campground use of the property. The applicant is also requesting a waiver of
the number of people allowed to attend this special event in the Rural Areas, which is 150.
They are also requesting a waiver from the noise restrictions which limits the noise limits in the
Rural Areas to 55 decibels at night.
The Virginia Department of Transportation has determined that the proposed use would not
detrimentally impact traffic in the area because the event is temporary and would only
constitute a three percent increase in traffic. However, some increase in traffic is anticipated
over the course of the proposed threeday event.
Staff has identified the following factors favorable to this application:
1. The proposed use would minimally impact the character of the site, given that the festival is a
temporary special event and no permanent structures or improvements would be constructed.
2. There are no anticipated detrimental impacts on adjacent property resulting from the proposed
use.
Staff has identified the following factors unfavorable to this application:
1. The use does not directly contribute to the goals outlined in the Rural Areas section of the
Comprehensive Plan.
2. The use would increase traffic in the area during the three days of the festival.
Staff recommends approval of Special Use Permit 2009016 Music Festival with the conditions
listed in the staff report.
Mr. Strucko invited questions for staff.
Ms. Porterfield asked where the other 600 people would park.
Ms. Brennan replied that the other parking will be included with the campground special use
permit. The campground activity already has parking accounted for 600 people and the cars
associated with that.
Mr. Cilimberg pointed out that the campground was approved with camp sites where the campers
will park.
Ms. Brennan noted that the proposed parking areas are not normally parked in and would solely
be used for the music festival. The temporary parking was allowed on the grass, but the area
would have to be reseeded after the event.
Mr. Strucko noted that there could be 600 people camping with an additional 500 to attend the
music festival and the 600 campers could attend the music festival. Therefore, there could be
1,100 people allowed on the site.
1,100 people allowed on the site.
Ms. Brennan said that there would be a total of 1,100 people allowed on the site.
Mr. Loach asked if this event was similar to the 2007 event.
Ms. Brennan replied yes noting that the 500 tickets are how staff determined it.
Mr. Cilimberg noted that if 300 campers wanted to go to the concert, then they would have to buy
300 tickets that would be out of the 500. It was assumed that there would be 500 at the concert
and 600 campers who were not going to the concert to get a maximum.
Mr. Strucko noted that the maximum ticket sales would be 500, and Ms. Brennan agreed.
Ms. Joseph noted that there still could be 1,100 people on the site.
Ms. Brennan agreed that 1,100 would be the maximum, which was larger than the 2007 festival.
In 2007 they had about 250 the first day and maybe 300 the second day. The applicant is asking
for 500 because they would like to allow the possibility to expand. The applicant has indicated
that they would not feel comfortable with more than 500 people on the site just from a
management type of perspective. But they are asking for more than what they have had in the
past.
Mr. Cilimberg pointed out that one of the conditions was that the applicant was starting out with a
two year permit basically to allow us to see how it goes and then it would be their responsibility to
come in for continuation of the special use permit through a reapproval.
Ms. Porterfield questioned condition 11 regarding the minimum 20 security persons. She asked if
that was 20 at any one time or is that 20 over the entire event.
Ms. Brennan replied that it was 20 at any one time.
Ms. Porterfield reiterated that they must have 20 security persons at any one time for the entire
time that the festival is operating.
Ms. Brennan replied that is correct, which would be from the hours of 12 noon to 10 p.m.
Ms. Porterfield noted that at 10 p.m. the security would still be needed to get them out of the
parking lots and back onto the main highway. Therefore, she assumed that staff would not leave
at 10 p.m.
Ms. Brennan replied yes, that is correct because staff would be there to assist the people leaving.
Mr. Edgerton asked if staff had heard any concerns from the neighbors.
Ms. Brennan replied that she had spoken to two neighbors who were present to speak this
evening. She also spoke with another set of neighbors. The primary concern expressed from the
neighbors has been the noise.
Mr. Edgerton pointed out that from the previous application he remembered that two dogs barking
was110 decibels. Therefore, he was trying to figure out how they were limiting this to 65
decibels. He asked if 65 decibels was reasonable.
Ms. Brennan replied that staff considered 65 decibels because that was what was allowed during
Ms. Brennan replied that staff considered 65 decibels because that was what was allowed during
the day in commercial areas. Staff also considered 65 decibels from adjacent property owners
understanding that music as measured from the stage area festival area or perhaps even the
entrance to the site would exceed 65 decibels, but given the distance from the adjacent property
owners the decibels would be measured from the adjacent property owner’s property. She asked
if the Commission wanted to tailor that condition to their front door step or to their parcel lot line,
which is something that can be discussed. She noted that Ron Higgins did some great work on
decibel levels and the average music festival measured at about 110 decibels near the stage.
With every 20’ to 30’ the level significantly degreased. At 40’ it dropped down at least 20
decibels. She noted that Mr. Higgins’ research is more accurate than her memory. But that is the
suggestion that staff came up with, which is open to discussion.
Mr. Strucko opened the public hearing and invited the applicant to address the Commission.
Mike Leal, property manager at Misty Mountain Camp Resort, said that the first concert was held
last year. From their standpoint it went off without a hitch. They had no traffic concerns, public
drinking concerns or issues of any kind that were brought to their attention by the law
enforcement or fire department. They want to do the festival as a community event for the local
businesses in their area. Most of the proceeds from the festival are for the rescue squad. That is
what they want to continue to do with this festival each year. They do not want to exceed the
maximum of 500 people due to the topography of the land and the layout of the facility and
parking. The 500 people would be the maximum number they would ever want for that type of
festival. He would be happy to answer questions.
Mr. Strucko invited questions for the applicant.
Ms. Porterfield asked if they had a full campground when they held the last festival.
Mr. Leal replied that the campground was approximately 70 percent occupied at the time of the
last festival. He noted that October is typically a busy time of year for the campground.
Ms. Porterfield asked how that works with the existing traffic flow.
Mr. Leal replied that the festival traffic is immediately diverted to the west when entering the
property into the parking area. All of the other registered guests proceed straight ahead to either
the lower camping area or across the bridge to the upper camping area. There are 65 camp sites
located across the bridge on the west side of Misty Mountain Road in the dense forest area.
There are only about 35 camp sites in the lower park area. A lot of the camping is past Stockton
Creek.
Ms. Porterfield asked if any of the campers wanted to buy tickets to attend the festival would they
have to move their cars.
Mr. Leal replied no because most campers would just walk down to the festival and leave their
cars at the camp site. When checking in last year they told the campers to leave their cars at the
camp site.
Ms. Porterfield asked how many employees they normally have in operating the campground.
Mr. Leal replied that there were approximately 10 employees during normal operating times and
at the festival there would be approximately 25. Out of the 10 employees only 5 handle the office
and ground site work. The other 5 employees are mainly for security and management personnel
and would be part of the 20 persons for the event.
Mr. Strucko invited public comment.
Kelly Strickland, resident of Crozet, said that he was a big supporter and fan of the festival and
had attended the last two festivals. He loved what they were doing for the community and
Crozet. He thought that this is a great spot for it. He was present to show his support.
Jim Rovnyak said that he and his wife Virginia have a few words to say. They live at 6861
Castlebury Court. Their property shares a boundary with Misty Mountain. They thank staff for
their careful work and safeguards. They support the conditions and think they are important
particularly for possible future additions of the music festival. Noise is their greatest concern.
Their home is a haven and they enjoy the rural atmosphere very much. They think that this
concern has been addressed in the staff report provided that the activity for the festival takes
place in the area shown in the concept plan that is west of Misty Mountain Road and north of
Stockton Creek. They don’t find in the staff report an explicit statement that says that the
activities of the festival shall be located here. The plan for the moment appears that they would
be. They would feel more comfortable and ask that this be made explicit. Along with that he
suggested that for future events there be no amplified sound system placed outside of the
specified area. If these conditions were met, they would agree that the impact on their property
and the other properties on Castlebury Court would indeed be minimal.
Virginia Rovnyak noted that they do get noise sometimes from the campgrounds. The
campground has a haunted house in the fall and they hear amplified organ music, screams and
so on. There are other times that they get noise from the campgrounds. They hope very much
that the Commission will add these two conditions to the special use permit. One would be that
all festival like activities be confined to the area north of Stockton Creek and west of Misty
Mountain Road. The concept plan pins down a few locations, the stages, the parking, the vendor
area and the portable lavatories. But the concept plan does not say the activities must be all in
this area. They would be very happy if the Commission would simply add that requirement as a
condition and specifically underline that all sound amplification must be restricted to that area.
The event as planned now seems to be very nice, but it is attached to the land and the land could
be sold, the music festival could run out of money and somebody else might come in. So they are
looking down the road. There is nothing in the special use permit that limits the kind of activities
that could take place or the kind of music. Someone could have a festival featuring hog calling,
acid rock, etc. There is no guarantee of the kind of music nor does it list or restrict the type of
activities that could take place. Obviously they don’t want to specify the kind of music or make a
list of allowed activities. Therefore, their request is that they contain whatever is going on to this
area west of the road and north of Stockton Creek.
Dan Hunt, an abutting property owner to Misty Mountain Campground, pointed out that they had
just heard some good comments from his next door neighbors. Misty Mountain has been a great
neighbor and it sounds like they are doing a great thing in helping some organizations with their
fundraising. The music festival sounds like a great idea. He would join his neighbors in their
comments to say that the concept plan should explicitly detail where the activity should occur.
They want to avoid having 500 people running through the woods doing whatever they want to on
Sunday afternoon after three days of music and being served alcohol. That would be his only
comment. He said that in general he felt that it was a good idea.
There being no further public comment, the public hearing was closed and the matter before the
Planning Commission.
Mr. Loach noted that the Commission needs to craft the two conditions.
Mr. Cilimberg noted that Ms. Brennan had some additional language that could be used as part of
the condition.
the condition.
Ms. Brennan noted that staff checked with zoning who said the language in condition #2 says in
conformity with the concept plan which would tie this concept plan to this special use permit. Staff
has crafted some additional language to add prior to the sentence, “Minor modifications may be
allowed. . .” to state “All activities related to the music festival shall take place within the area of
the site bound by the Rockfish Gap Turnpike, Misty Mountain Road, Stockton Creek and the
western parcel boundary.”
Mr. Strucko asked if the emergency service access was for fire/rescue, and Ms. Brennan replied
that was correct.
Mr. Loach questioned if it would be possible to add the second change to limit all the amplified
music to the stage area.
Mr. Cilimberg replied that it was all covered because the condition says all activities related to the
music festival shall take place within those boundaries, which would include amplified music.
Mr. Loach asked if 65 dBA would cover the amplified music.
Mr. Cilimberg replied yes, that the noise level would be measured from the neighboring
properties. This would apply in the case of the people who spoke whose property was some
distance away.
Motion: Mr. Loach moved and Ms. Porterfield seconded to approve SP20090016, Music
Festival with the recommended conditions as amended by staff.
Mr. Kamptner asked staff if the decibel level of 65 dBA listed in condition #14 exceeds the
standard in Section 4.18.04.
Mr. Brennan replied yes, it exceeds the decibel limit by 10 decibels.
Mr. Kamptner asked if a modification was requested and noticed.
Ms. Brennan replied yes, that a modification was requested to the Noise Ordinance in the Rural
Areas.
Mr. Cilimberg pointed out that it was a modification of the decibel limit and the number exceeding
150, which are both noted in the conditions.
Mr. Strucko asked that the staff report be corrected to note that the property is in the White Hall
District and not the Samuel Miller District.
The motion passed by a vote of 7:0.
Mr. Strucko said that SP200900016, Music Festival would go to the Board of Supervisors on
September 9, 2009 with the recommendation for approval with the following conditions.
1 . The use shall conform to any existing applicable special use permits, including but not
limited to SP 199430, whose terms are hereby incorporated by reference.
2 . Development of the use shall be in conformity with the Concept Plan entitled Misty Mountain
Camp Resort SP200916 Music Festival, prepared by Albemarle County Office of
Geographic Data Services, and signed by Mike Leo and dated August 6, 2009, (hereinafter,
Geographic Data Services, and signed by Mike Leo and dated August 6, 2009, (hereinafter,
the “Conceptual Plan”), as determined by the Director of Planning and the Zoning
Administrator.
To be in conformity with the plan, development shall reflect the following central features
within the development essential to the design of the development:
location of temporary parking areas 1,2, and 3
location of temporary stage
All activities related to the music festival shall take place within the area of the site bound
by the Rockfish Gap Turnpike, Misty Mountain Road, Stockton Creek and the western
parcel boundary. Minor modifications to the plan which do not conflict with the elements
above may be made to ensure compliance with the Zoning Ordinance.
3 . A music festival special event shall be permitted once every twelve (12) month period, for a
maximum of three (3) consecutive days consisting of one week day and two weekend days.
Any increase in the number of special events shall require an amendment to this special use
permit.
4 . A maximum of fifteen (15) vendors shall be allowed to operate on any given day during the
music festival.
5 . Written approval from the Police Department, Fire and Rescue, and the Health Department
shall be required each year prior to the issuance of a zoning clearance to allow the special
event use.
6 . No tree removal, grading, or disturbance shall take place within the driplines of the trees as
shown on the Concept Plan prepared by Mike Leo, and dated March 25, 2009. Any grading
or disturbance within ten (10) feet of any dripline shall necessitate submittal of a "Tree
Protection Plan" in accord with section 32.7.9.4 of the Zoning Ordinance. No grading or
disturbance within ten (10) feet of any dripline shall be permitted until a) a survey and
fencing have been completed and b) the Planning Director approves a plan which shows the
grading or disturbance and the surveyed dripline of the existing trees.
7 . Hours of operation for the music event shall be between 12:00 p.m. and 10:00 p.m.
8 . Offsite parking shall not be permitted.
9 . The maximum number of people allowed on the site for the special event on each day shall
not exceed 500 persons.
10 . A maximum of 224 vehicles shall be allowed to be parked on site on any given day of the
music festival.
11 . A minimum of 20 private security, parking, and traffic control staff members shall be
required on site each day of the music festival.
12 . Overnight camping outside the designated camping areas shall be prohibited.
13 . All outdoor lighting shall be only full cutoff fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than
0.3 foot candles shall be submitted to the Zoning Administrator or their designee for
approval.
approval.
14 . The maximum level of noise shall not exceed 65 dBA as measured from an adjacent
property.
15 . The applicant shall reseed and restore the parking area site(s) as required by the zoning
administrator within 30 days of the last day of the special event.
16 . The site shall be restored and cleared of all trash, debris, and temporary structures
associated with the special event within two days after the final day of the special event.
17 . Special use permit 200916 shall be valid until June 30, 2011.
Return to PC exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend Chapter 6, Fire Protection, of the
County C ode by adding Article V, Emergency Medical
Services C ost Recovery
SUBJECT/PR OPOSAL/REQUEST:
Public hearing on an ordinance that would authorize
and establish a framework for fees for emergency
ambulanc e transports.
STAFF CON TA CT(S):
Messrs. Tucker, Elliott, Davis and Eggles ton; and Ms.
Kim
LEGAL R EVIEW: Yes
AGENDA D ATE:
September 9, 2009
ACTION : X
IN FORMATION:
CONSENT AGEN DA:
ACTION :
INFORMATION :
ATTACHMENTS: Yes
REVIEWED BY:
BACK GROUND :
Virginia Code § 32.1111.14 authorizes localities to charge reasonable fees for emergency medical services vehicle
transports in order to as sure the provis ion of adequate and continuing emergency medical services and to preserve,
protect and promote the public health, s afety and general welfare. More than 40 jurisdic tions in Virginia have
enacted ordinances pursuant to this authority and are c urrently implementing emergency medical s erv ices (“EMS”)
revenue recovery programs. Those jurisdictions include Nelson, Louis a, Orange, Fauquier, Roanoke, R ichmond,
Chesterfield, H anover, Petersburg, Colonial Heights, Hopewell, Stafford and Spotsy lvania. Many other Virginia
localities are actively considering EMS revenue recovery programs. Overall, nearly 80% of Virginia residents live in
localities that bill for EMS transport; nationw ide, that percentage approaches 85%.
EMS revenue recovery program fees are primarily paid by Medicaid, Medicare and private insurance companies.
The fees allow localities to recoup system costs from those individuals w ho benefit directly from EMS delivery,
including many nonC ounty residents . Programs ass ure that all emergency medical services are prov ided regardless
of the patient’s ability to pay and apply compassionate billing policies. Fees for ambulance transports are typically
set by the governing body of the locality authorizing the fees.
STRA TEGIC PLAN:
Goal #1: To enhance the quality of life in Albemarle County
DISCU SSION :
The development of an EMS revenue recovery program requires the County to:
Adopt an ordinance that authorizes and establishes a framework for EMS billing;
Secure a billing contrac tor;
Continue discussions w ith the volunteer rescue squads to determine if they w ill participate in EMS
billing and establish EMS billing policies in collaboration with the volunteer rescue squads ;
Adopt transport fees by Board resolution; and
Create and execute a c omprehensiv e public information plan.
Adopt an ordinance that authorizes and es tablishes a framew ork for EMS billing:
Staff has prepared an ordinance (Attac hment A) that would authorize the County to charge reasonable fees for
transport services provided by emergenc y medical servic es vehicles and would establis h the framework for an EMS
revenue recovery billing process. If adopted, fees would be authorized for ambulanc e transports prov ided by the
Department of Fire and Rescue. In addition, volunteer rescue squads may elect to participate in the EMS revenue
recovery program by obtaining a permit from the County. The ordinanc e provides that the fee amounts shall be
established by a resolution adopted by the Board. The ordinance specifically provides that no person shall be denied
emergency medical services due to an inability to pay the fee and requires that polic ies and procedures
implementing the revenue recovery program include payment standards for persons demonstrating economic
hardship.
Secure a billing contractor:
If the ordinance is adopted, staff recommends that the County contrac t w ith an EMS billing company to assist in
developing the EMS revenue recovery program. The EMS billing company w ould prov ide training on the legal
mandates for billing sys tems, give adv ice concerning policies and fees, and adminis ter the billing program.
Continue discussions with the volunteer rescue squads to determine if they will participate in EMS billing and
establish EMS billing polic ies in collaboration w ith the v olunteer rescue squads:
The proposed ordinanc e provides the legal framework for charging fees for transport services provided by emergency
medical services vehicles operated by the Department of Fire and R esc ue and by any volunteer rescue squad that
applies for and has been is sued a permit by the County to charge fees . D iscussions between the C ounty and the
three v olunteer rescue squads providing transport servic es in the County are continuing to determine if the volunteer
rescue squads will partic ipate in the EMS revenue rec overy program and, if so, to establish a unified billing system.
Participation by the volunteer rescue squads in the EMS revenue rec overy program will be contingent upon the
negotiation of an agreement between the County and the volunteers to establish a collaborative sys tem that helps
financially support the operations of the v olunteer res cue squads.
Adopt trans port fees by Board resolution:
As set forth in the ordinance, fees would be established by a resolution adopted by the Board and fees would be
based upon the usual and customary cos t of providing transport servic es. Policies would be developed to ensure
that fees are assessed only if a patient is actually trans ported to the hos pital. Billing information would be requested
only when an emergenc y medical trans port has been provided. Based on information from the patient, a claims form
would be forwarded to the insurance prov ider, Medicare or Medicaid. Patients, themselves, w ould not be billed until
all insurance options were exhausted. Most insurance policies, including Medicare and Medicaid, provide coverage
for the cost of this serv ice. N o one will be denied treatment or emergency transport because of an inability to pay .
A compassionate billing policy will be in place for those with financial hardship.
Create and execute a comprehensive public information plan
A succes sful implementation of a revenue recovery program will require extensive public information and education
about the program. Staff is developing a Frequently As ked Questions s heet, a Program Overview and a Public
Information Plan. The Public Information Plan w ill be c oordinated to prov ide relevant information for the public
hearing for the ordinance, after the ordinance is adopted, and at the commencement of billing.
Adoption of the attached ordinance would be just the first step in a proc ess to establish fees to recov er the cost for
providing emergency trans port services. Fees will not be charged until after policies and procedures have been
established, the Board has adopted a resolution setting the amount of the fees, and the comprehens ive information
program has been initiated. If the ordinance is adopted, it is anticipated that EMS fees could begin being charged in
calendar year 2010.
BUDGET IMPACT:
Preliminary estimates show revenue roughly equal to $200,000 per 1000 transports. Staff estimates that the
Monticello and Hollymead Fire Stations w ill generate approximately 2000 transports/year. Should the v olunteer
rescue squads also participate in revenue recovery, the revenue would likely approach $1.6 million/year.
Funds rec eived from this program would be used to support and strengthen the County ’s combination v olunteer
career firerescue sys tem and to offset the rising cos ts associated w ith providing emergency medical services. The
County provides financial support to loc al volunteer fire and rescue squads for basic operating costs such as vehicle
fuel, cars, utility vehicles, equipment and disposables; for capital funding for equipment and vehicles; by providing
career staff in stations, when requested by the volunteers to provide cov erage during daytime hours ; and for training
and volunteer incentives .
RECOMMENDA TION S:
After the public hearing, staff recommends that the Board adopt the attached ordinance.
ATTAC HMENTS
A – Draft Ordinance
Ret urn t o regular agenda
Attachment A
Draft: August 10, 2009
1
ORDINANCE NO. 09-6( )
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, FIRE PROTECTION, 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 6,
Fire Protection, of the Code of the County of Albemarle, is hereby amended and reordained as follows:
By Adding:
Article V Emergency Medical Services Cost Recovery
Sec. 6-500 Purpose
Sec. 6-501 Definitions
Sec. 6-502 Permits Required
Sec. 6-503 Fees for emergency medical services vehicle transports
CHAPTER 6. FIRE PROTECTION
ARTICLE V: EMERGENCY MEDICAL SERVICES COST RECOVERY
Sec. 6-500 Purpose.
Pursuant to Virginia Code §32.1-111.14, it is hereby determined that the powers set forth herein
must be exercised in order to assure the provision of adequate and continuing emergency services and to
preserve, protect and promote the public health, safety and general welfare.
State law reference—Virginia Code § 32.1-111.14
Sec. 6-501 Definitions.
"Agency" means any person engaged in the business, service or regular activity, whether or not for profit,
of transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless, or of
rendering immediate medical care to such persons.
"Ambulance" means any vehicle, vessel or aircraft, which holds a valid permit issued by the Office of
Emergency Medical Services, that is specially constructed, equipped, maintained and operated, and is
intended to be used for emergency medical care and the transportation of patients who are sick, injured,
wounded, or otherwise incapacitated or helpless. The word "ambulance" may not appear on any vehicle,
vessel or aircraft that does not hold a valid permit.
"Emergency medical services vehicle" means any vehicle, vessel, aircraft, or ambulance that holds a valid
emergency medical services vehicle permit issued by the Office of Emergency Medical Services that is
equipped, maintained or operated to provide emergency medical care or transportation of patients who are
sick, injured, wounded, or otherwise incapacitated or helpless.
State law reference—Definitions, Virginia Code § 32.1-111.1
Sec. 6-502 Permits required.
No agency shall charge fees for transport services provided by a private emergency medical
services vehicle within the county in response to a call for service originating from the county without
Attachment A
Draft: August 10, 2009
2
first obtaining a permit pursuant to this section. Permits shall be issued in accordance with section 32.1-
111.14 of the Virginia Code, as amended, by the county executive or his designee, upon such terms and
conditions as may be needed to ensure the public health, safety and welfare. No permit shall be required
for any person acting pursuant to a mutual aid agreement with the county or while assisting the county
during a state of emergency. Agencies permitted pursuant to this article shall comply with all terms and
conditions of their permits.
State law reference—Virginia Code § 32.1-111.14
Sec. 6-503 Fees for emergency medical services vehicle transports.
(a) Reasonable fees shall be charged for transport services provided by emergency medical
services vehicles operated by the department of fire and rescue or by any private agency permitted under
this article. The schedule of fees shall be established by resolution of the board. In no event shall a
person be denied transport for emergency medical services due to his or her inability to pay.
(b) The county executive shall establish policies and procedures to implement this section in
accordance with applicable law, including payment standards for persons demonstrating economic
hardship.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dorrier ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Slutzky ____ ____
Ms. Thomas ____ ____