HomeMy WebLinkAbout2007-01-10
1 . Call to Order.
2. Work Sessions:
a. 2:00 p.m. - 3:00 p.m. - Business Plan (Strategic Initiatives).
b. 3:00 p.m. - 5:00 p.m. - Mountain Overlay and Rural Areas Resource Protection (continued from
December 13,2006).
3. 5:15 D.m. - Recess.
4. Call to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
8. Consent Agenda (on next sheet).
9. PROJECT: SP-2006-020. First Christian Church (Sians #74.77): PROPOSED: New church on 15-acre parcel
with seating for 306 persons, (eventual expansion to 650 persons), rooms for youth/community events, church
office, and outdoor pavilions for church activities. LOCATION: Northeast corner of Richmond Road (US Rt 250)
and Keswick Road (Rt 731). TAX MAP/PARCEL: 79-24A. MAGISTERIAL DISTRICT: Scottsville.
10. PROJECT: ZMA-2006-018. Forest Ridge Lots 1 and 22 Amendment (Sians # 81.82). PROPOSED: Rezone
9.9 acres from property zoned R-10 (10 units/acre) with proffers to reduce reserved right-of-way, provide utility
easement, and allow building setbacks. Currently has 38 duplex units, rezoning would permit 4 more. LOCATION:
Property is located on southeast and southwest corners of Proffit Road/Moubry Lane intersection, approximately
1800 feet east of US 29 in Hollymead Development Area. TAX MAP/PARCEL: TMP 46B4-03, Parcels 1,22, B,
and C. MAGISTERIAL DISTRICT: Rivanna.
11. PROJECT: SP-2006-021 KaDDa Siama International Headauarters Amendment (Sian #78): PROPOSED:
Request to modify SP-03-91 (6.14 acres) (reconfigure grass stabilized parking and include future improvements,
such as picnic pavilions, maintenance building and recreational areas). LOCATION: 1612 Scottsville Rd. (Rt 20)
approx.1 mile south of Mill Creek Drive. TAX MAP/PARCEL: 91/16 and 91/16D. MAGISTERIAL DISTRICT:
Scottsville.
12. From the Board: Committee Reports and Matters Not Listed on the Agenda.
13. Adjourn.
FOR APPROVAL:
8.1 Resolution accepting FY 2004-05 and FY 2005-06 landowners' offers to sell conservation easements.
8.2 Resolution to modify the existing entrance to White Gables to a right-in, right-out only entrance.
8.3 Charlottesville Area Community Foundation Refund Request.
8.4 Resolution of Support - Lewis and Clark Enhancement Grant Application (deferred from January 3, 2007).
FOR INFORMATION:
8.5 Copy of letter dated December 29,2006, from John Shepherd, Manager of Zoning Administration, to Tom Gale,
Roudabush, Gale & Assoc., Inc., re: OFFICIAL DETERMINA TION OF PARCELS AND DEVELOPMENT
RIGHTS -- Tax Map 70, Parcels 37E & 37N-White Hall District (Property of Murray Investment Group LLC _
Highland Ridge Farm Series) Section 10.3.1.
BOARD OF SUPERVISORS
TENTATIVE
JANUARY 10, 2007
COUNTY OFFICE BUILDING
2:00 P.M. - AUDITORIUM
1 . Call to Order.
2. Work Sessions:
a. 2:00 p.m. - 3:00 p.m. - Business Plan (Strategic Initiatives).
b. 3:00 p.m. - 5:00 p.m. - Mountain Overlay and Rural Areas Resource Protection (continued from
December 13, 2006).
3. 5:15 D.m. - Recess.
6:00 P.M., AUDITORIUM
4. Call to Order.
5. Pledge of Allegiance.
6. Moment of Silence.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
8. Consent Agenda (on next sheet).
9. PROJECT: SP-2006-020. First Christian Church (Sians #74.77): PROPOSED: New church on 15-acre parcel
with seating for 306 persons, (eventual expansion to 650 persons), rooms for youth/community events, church
office, and outdoor pavilions for church activities. LOCATION: Northeast corner of Richmond Road (US Rt 250)
and Keswick Road (Rt 731). TAX MAP/PARCEL: 79-24A. MAGISTERIAL DISTRICT: Scottsville.
10. PROJECT: ZMA-2006-018. Forest Ridae Lots 1 and 22 Amendment (Sians # 81.82). PROPOSED: Rezone
9.9 acres from property zoned R-10 (10 units/acre) with proffers to reduce reserved right-of-way, provide utility
easement, and allow building setbacks. Currently has 38 duplex units, rezoning would permit 4 more. LOCATION:
Property is located on southeast and southwest corners of Proffit Road/Moubry Lane intersection, approximately
1800 feet east of US 29 in Hollymead Development Area. TAX MAP/PARCEL: TMP 46B4-03, Parcels 1, 22, B,
and C. MAGISTERIAL DISTRICT: Rivanna.
11. PROJECT: SP-2006-021 KaDDa Siama International Headauarters Amendment (Sian #78): PROPOSED:
Request to modify SP-03-91 (6.14 acres) (reconfigure grass stabilized parking and include future improvements,
such as picnic pavilions, maintenance building and recreational areas). LOCATION: 1612 Scottsville Rd. (Rt 20)
approx. 1 mile south of Mill Creek Drive. TAX MAP/PARCEL: 91/16 and 91/160. MAGISTERIAL DISTRICT:
Scottsville.
12. From the Board: Committee Reports and Matters Not Listed on the Agenda.
13. Adjourn.
CONSENT AGENDA
FOR APPROVAL:
8.1 Resolution accepting FY 2004-05 and FY 2005-06 landowners' offers to sell conservation easements.
8.2 Resolution to modify the existing entrance to White Gables to a right-in, right-out only entrance.
8.3 Charlottesville Area Community Foundation Refund Request.
8.4 Resolution of Support - Lewis and Clark Enhancement Grant Application (deferred from January 3, 2007).
FOR INFORMATION:
8.5 Copy of letter dated December 29, 2006, from John Shepherd, Manager of Zoning Administration, to Tom Gale,
Roudabush, Gale & Assoc., Inc., re: OFFICIAL DETERMINA TION OF PARCELS AND DEVELOPMENT RIGHTS
-- Tax Map 70, Parcels 37E & 37N-White Hall District (Property of Murray Investment Group LLC - Highland
Ridge Farm Series) Section 10.3.1.
ACTIONS
Board of Supervisors Meeting of January 10, 2007
January 11, 2007
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
. Meeting was called to order at 2:00 p.m. by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Larry Davis, Ella
Carey and MeaQan Hoy.
2a. Work Session: Business Plan (Strategic Initiatives). Staff: Proceed as directed.
. DIRECTED staff to continue review of Strategic
Initiatives, with consideration for Community
Development and Work Plan issues
. DIRECTED staff to hold in reserve the $3.5
million realized as a result of moving to annual
reassessm ent.
At 3:04 p.m., the Board recessed.
2b. Work Session: Mountain Overlay and Rural Areas Staff: Proceed at directed.
Resource Protection.
. Marcia Joseph called the Planning Commission
to order.
. DIRECTED staff to summarize the consensus
decision items on Mountain Overlay District
provisions including application to the full rural
areas.
3. At 5:20 p.m., the Board recessed.
4. Call to Order.
. The meeting was called back to order at 6:00
p.m., by the Chairman, Mr. Boyd.
7. From the Public: Matters Not Listed on the Agenda.
. Jay Willer, Blue Ridge Home Builders, said
Thursday, January 18th, there will be a training
session at County Office Building on Earth Craft
Inspections. They are advancing the effort to
get builders to build greenhouses.
. Joe Jones, resident of White Hall and President
of the Albemarle County Farm Bureau, provided
Board members with a copy of a survey on land
use taxation done by the Farm Bureau.
. Rex Linville, PEC, provided Board members
with a copy of a handout asking members of
General Assembly to support the Governor's
conservation plans in his bi-annual budget. He
asked the Board to also encourage V ACO
support. He also gave an update on land
conservation in Albemarle County.
. Jeff Werner, PEC, presented to the County a
check for $5,000 to assist with historic research
of Crozet. He also spoke against the proposed
power line that would run through the Northern
section of the Piedmont. He provided
information on changing light bulbs to compact
fluorescents in order to conserve energy.
. John Martin commended the County Attorney's
staff for their work with the refund to the
Charlottesville Area Community Foundation.
8.1 Resolution accepting FY 2004-05 and FY 2005-06 Clerk: Forward signed resolutions to David
landowners' offers to sell conservation easements. Benish and Ches Goodall.
. ADOPTED the resolution accepting FY 2004-05 (Attachment 1)
applicants' offers (from Metcalf/South and
Davey) to sell a conservation easement to the
County, for the price specified and subject to
the terms and conditions contained in the
proposed deed of easement, and authorize the
County Executive to sign the final deed of
easement for each property
. ADOPTED the resolution accepting FY 2005- (Attachment 2)
006 applicants' offers (from Motley, Fields and
Huckleberry Hills Farm) to sell a conservation
easement to the County, for the prices specified
and subject to the terms and conditions
contained in the proposed deeds of easement,
and authorize the County Executive to sign the
final deed of easement for each property.
. CONSENUS of Board that staff provide a David Benish/Ches Goodall: Provide
cashflow analysis when these reports come requested information.
forward in the future.
8.2 Resolution to modify the existing entrance to White Clerk: Forward copy of resolution to Juan
Gables to a right-in, right-out only entrance. Wade and David Benish. (Attachment 3)
. ADOPTED resolution requesting that VDoT
approve an entrance permit for a right-in/right-
out only entrance and exit for the existing
entrance to the White Gables development.
8.3 Charlottesville Area Community Foundation Refund Clerk: Forward signed appropriation to OMB
Request. and Finance.
. APPROPRIATED and authorized the return of
$300,000 to CACF previously received by the
County from CACF as a grant for the purpose
of providing affordable housing in satisfaction of
the North Pointe proffer.
8.4 Resolution of Support - Lewis and Clark Clerk: Forward signed resolution to County
Enhancement Grant Application. Attorney's office. (Attachment 4)
. ADOPTED resolution.
9. PROJECT: SP-2006-020. First Christian Church Clerk: Set out conditions of approval in
(Sians #74. 77). Attachment 5.
. APPROVED, by a vote of 6:0, with the nine
conditions recommended by the Planning
Commission, and condition #6 amended.
10. PROJECT: ZMA-2006-018. Forest Ridae Lots 1 Clerk: Set out proffers in Attachment 5.
and 22 Amendment (Sions # 81. 82).
. APPROVED, by a vote of 4:2, subject to
acceptance of the applicant's proffers.
11. PROJECT: SP-2006-021 KaDDa Sioma Interna- Clerk: Set out conditions of approval in
tional Headauarters Amendment (Sian #78). Attachment 5.
. APPROVED, by a vote of 6:0, subject to the
nine conditions recommended by the Planning
Commission.
12. From the Board: From the Board: Committee
Reports and Matters Not Listed on the Agenda.
Sallv Thomas:
. Commented that the letter landowners, in the
Land Use Taxation Program, receive from
Finance does not include provisions they have
to be meet in order to remain in the Prooram.
2
Suggested that staff provide an addendum to
the letter outlining the requirements. Mr. Tucker
said he would have a draft letter prepared for
the Board's review.
. She asked the Board to join in the request for
support of the land conservation funding.
CONSENSUS of Board to support.
David Slutzky:
. Asked for the Board's support of a resolution of Clerk: Forward resolution to Delegate Toscano.
support for HB 2503 regarding transfer of
development rights enabling legislation. Bya
vote of 6:0, the resolution was ADOPTED.
Dennis Rooker:
. Discussed the process and expense for
acquiring easements.
. At a joint meeting with City officials, a formula
for transit rates was accepted. City and County
staff are now working to formalize that, and it
will come back to this Board.
. Interested in staff drafting a communication to
distribute to individuals, filing for building
permits, when their property lies in Mountain
Overlay areas, about the importance of those
areas, the County's interests in protecting the
areas, including the use of neutral colors on
their homes.
David Wvant:
. Offered a motion that the Board direct the
Planning Commission to move forward on a
proposed Comprehensive Plan amendment
application, from a developer, for the area
south of Hollymead Town Center. Mr. Cilimberg
explained that the proposed area is part of the
Places29 Master Plan. Following discussion,
the motion was withdrawn.
Ken Boyd:
. Suggested the Board hold a public hearing on
the new concept of the MOD before moving
forward on drafting the ordinance. This would
allow the public an opportunity to weigh in on
the proposed changes. Mr. Cilimberg
suggested that staff provide a recap of today's
discussion, and then suggest steps to move
forward.
13. Adjourn.
. The meetinQ was adjourned at 9:08 p.m.
/ewc
Attachment 1 - ACE Resolution Accepting Offers to Sell FY 2004-05 Easements to the County
Attachment 2 - ACE Resolution Accepting Offers to Sell FY 2005-06 Easements to the County
Attachment 3 - White Gables Resolution
Attachment 4 - Lewis and Clark Resolution
Attachment 5 - Conditions of Approval on Planning items
3
ATTACHMENT 1
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement under the ACE
Program from the owner(s) of the following properties:
Davey
TM 112, Parcel 15
TM 112. Parcel 15B
Total
(271.740 acres)
( 22.490 acres)
(294.230 acres)
Metcalf/South
TM 97, Parcel24A
(145.710 acres)
WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to
the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of
easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed
necessary by the County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to
sell a conservation easement for each of the properties described above, and authorizes the County
Executive to execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to
send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons.
4
ATTACHMENT 2
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement under the ACE
Program from the owner(s) of the following properties:
Motley
TM 66, Parcel 3 (36.600 acres)
TM 81, Parcel 48 (110.810 acres)
Fields
Huckleberry Hill Farm TM 19, ParceI1(A) (181.320 acres)
TM 19, ParceI1(B) ( 17.750 acres)
TM 19, Parcel1@ ( 4.980 acres)
TM 19, Parcel 1(0) ( 14.690 acres)
TM 19. Parcel 4 (18.910 acres)
Total (237.650 acres)
WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to
the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of
easement enclosed with the County's invitation to offer to sell, subject to any further revisions deemed
necessary by the County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to
sell a conservation easement for each of the properties described above, and authorizes the County
Executive to execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to
send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons.
5
ATTACHMENT 3
RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION APPROVE AN ENTRANCE PERMIT FOR A
RIGHT-IN/RIGHT-OUT ONLY ENTRANCE AND EXIT DESIGN FOR
THE EXISTING ENTRANCE TO THE WHITE GABLES DEVELOPMENT
WHEREAS, the White Gables development (Tax Map 60, Parcels 26 and 27 A) is located on
Route 250 West and it has an existing entrance (hereinafter, the "Existing Entrance") that preceded the
approval of the White Gables development; and
WHEREAS, one of the conditions of approval of the special use permit for the White Gables
development provides that if a consolidated entrance is established that will provide an entrance from
Route 250 West to both the White Gables development and the development to the west (now known as
the Kenridge development), either the Virginia Department of Transportation or the County Engineer
could require the White Gables developer to close the Existing Entrance, convert it to a right-in/right-out
only entrance and exit, or require that other modifications be made to the Existing Entrance; and
WHEREAS, a consolidated entrance as described herein has been constructed in conjunction
with the Kenridge development; and
WHEREAS, the County Engineer recommends that the Existing Entrance be converted to a right-
inlright-out only entrance and exit.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia
Department of Transportation approve an entrance permit for a right-inlright-out only entrance and exit
design for the Existing Entrance to the White Gables development.
6
ATTACHMENT 4
RESOLUTION
WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational center
for visitors of all ages commemorating the Lewis and Clark Expedition; and
WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated their
support of LCEC's mission by granting a long-term lease of land in Darden Towe Park, participation by
the City Parks and Recreation Department in the boatbuilding program for youths, donation of office
space by Albemarle County, and participation by area schools in LCEC programs; and
WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds from
the Virginia Department of Transportation which, when combined with other grant funds, will be used to
construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails, and create a
ferry boat crossing to allow pedestrian passage across the Rivanna River to the greenbelt trails in Pen
Park; and
WHEREAS, the Board of Supervisors strongly supports the educational mission of the Lewis and
Clark Exploratory Center, and values the LCEC as an important community resource; and
WHEREAS, the Board of Supervisors strongly supports the grant application made by the Lewis
and Clark Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement Funds from the
Virginia Department of Transportation; and
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be received from the Board of Supervisors before
the Virginia Department of Transportation can program a transportation enhancement project in the
County of Albemarle.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia, hereby requests that the Commonwealth Transportation Board establish a project for the Lewis
and Clark Exploratory Center.
BE IT FURTHER RESOLVED, that the County hereby agrees to a pay a minimum of 20 percent
of the total cost for planning and design, right of way, and construction of this project, and that, if the
County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of costs expended by the Department through the date
the Department is notified of such cancellation.
7
ATTACHMENT 5
CONDITIONS OF APPROVAL
Agenda Item NO.9. PROJECT: SP-2006-020. First Christian Church (Sians #74.77):
PROPOSED: New church on 15-acre parcel with seating for 306 persons, (eventual expansion to 650
persons), rooms for youth/community events, church office, and outdoor pavilions for church activities.
LOCATION: Northeast corner of Richmond Road (US Rt 250) and Keswick Road (Rt 731). TAX
MAP/PARCEL: 79-24A. MAGISTERIAL DISTRICT: Scottsville.
1. The church's improvements and the scale and location of the improvements shall be developed in
general accord with the conceptual plan entitled "First Christian Church," prepared by McKee
Carson, and dated 11-14-2006L;
2. The area of assembly shall be limited to a maximum three hundred six (306)-seat sanctuary;
3. No grading or tree removal shall take place within the area marked "area not to be disturbed" on
the conceptual plan or within the seventy-five (75)-foot setback adjacent to Route 250 East;
4. No erosion and sedimentation control plan nor building permit shall be approved for the area
marked "area not to be disturbed" without prior approval of a tree conservation plan complying
with section 32.7.9.4 of the Zoning Ordinance;
5. All parking setbacks and undisturbed buffers required by Zoning Ordinance section 21.7,
Minimum Yard Requirements, shall apply if this use is developed;
6. Lighting of the site shall be limited as follows:
a. Light levels at the property lines shall be no greater than 0.3 foot candles;
b. No flood lighting of the building is permitted;
c. Utilize bollard type lights in place of pole lights whenever possible. Use only full
cutoff fixtures;
d. Site and building illumination shall be limited to the satisfaction of the ARB; and
e. All outdoor lighting shall be arranged or shielded to reflect light away from the
abutting properties.
7. The existing prescriptive right-of-way along this parcel's Keswick Road (Route 731)
frontage shall be replaced with a public right-of-way at least twenty-five (25) feet wide
and dedicated to public use;
8. There shall be no day care center or private school on site without approval of a separate special
use permit; and
9. If the use, structure, or activity for which this special use permit is issued is not commenced within
sixty (60) months after the permit is issued, the permit shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate.
Agenda Item No. 10. PROJECT: ZMA-2006-018. Forest Ridae Lots 1 and 22 Amendment
(Sians # 81.82). PROPOSED: Rezone 9.9 acres from property zoned R-10 (10 units/acre) with proffers
to reduce reserved right-of-way, provide utility easement, and allow building setbacks. Currently has 38
duplex units, rezoning would permit 4 more. LOCATION: Property is located on southeast and southwest
corners of Proffit Road/Moubry Lane intersection, approximately 1800 feet east of US 29 in Hollymead
Development Area. TAX MAP/PARCEL: TMP 46B4-03, Parcels 1,22, B, and C. MAGISTERIAL
DISTRICT: Rivanna.
8
PROFFER FORM
Original Proffer _
Amended Proffer X
(Amendment # ----1-)
Date: January 10. 2007
ZMA # 2006-018
Tax Map and Parcel Number(s)
046B4-03-00-00 100. 046B3-03-02200. 046B4-03-00-000BO.
03-00-000CO
046B4-
9.9 Acres to be rezoned from R-10 to R-10
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly authorized
agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if
rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning request. These proffers amend those accepted in conjunction with ZMA # 91-08.
Any plan submitted for review to Albemarle County after rezoning will honor a minimum fifty
(50) foot building setback buffer (utility construction is not restricted) from the existing
drainage swale at the rear of Parcel 29N; the buffer will exceed fifty (50) feet from the print
where contour 498 leaves the fifty (50) foot buffer, and follow contour 498 to the western
property line, in order to protect critical slopes in the buffer area. A topographic and
boundary sketch dated November 22, 1991 is attached hereto for visual clarification.
Any plan submitted to Albemarle County after rezoning will include areas reserved for
construction of connecting internal roads with fifty (50) foot rights-of-way to adjacent
properties, with the exception of Forest Lakes townhouses, for future access as the County
may deem necessary. The Owner shall not be obligated for the cost of construction of such
connecting internal roads.
Upon the request of Albemarle County, the Owner shall dedicate to public use for
improvements to State Route 649 the twenty-four (24) foot strip adjacent to State Route 649
(Proffit Road) identified as "24' Dedicated to Future Road Right of Way" on the "Sketch
Showing Option 1 Forest Ridge Parcel 'A' and 'B'" attached hereto. The deed of dedication
shall be in a form acceptable to the County. The Owner shall bear the expense of preparing
the deed, the survey, and the plat required to accompany the deed of dedication.
Upon the request of Albemarle County and in conjunction with the dedication provided in
Proffer 3, the Owner shall grant an easement to the County over the fifteen (15) foot strip
identified as "15' Bike Path and Landscape Easement (Open Space)" on the "Sketch
Showing Option 1 Forest Ridge Parcel 'A' and 'B'" attached hereto. The deed of easement
shall expressly allow the County or its designee to establish and maintain a shared
bike/pedestrian path, landscaping, and utilities therein. The deed of easement also shall
grant a public right of passage over the eased lands, and grant rights of ingress and egress
to the County and its designees to establish and maintain the path, landscaping and utilities.
The granted rights shall be in perpetuity. The deed of easement shall be in a form
acceptable to the County. The Owner shall bear the expense of the survey and the plat
required to accompany the deed of easement. The Owner shall not be obligated for the costs
of constructing or maintaining the path, landscaping or utilities.
Craig Builders of Albemarle, Inc.
(Siqned) Sam Craio
Signature of Owner
Title: President/Owner
1.
2.
3.
4.
Sam Craio
Printed Name of Owner
01/10/2007
Date
9
Agenda Item No. 11. PROJECT: SP-2006-021 KaDDa Siama International Headauarters
Amendment (Sian #78): PROPOSED: Request to modify SP-03-91 (6.14 acres) (reconfigure grass
stabilized parking and include future improvements, such as picnic pavilions, maintenance building and
recreational areas). LOCATION: 1612 Scottsville Rd. (Rt 20) approx. 1 mile south of Mill Creek Drive.
TAX MAP/PARCEL: 91/16 and 91/160. MAGISTERIAL DISTRICT: Scottsville.
1. The Kappa Sigma improvements and the scale and location of the improvements shall be
developed in general accord with the plan (Illustration A) entitled Kappa Sigma Fraternity
International Headquarters, ptepared by Glave & Holmes Associates and dated September 20,
2006, revised December 11, 2006;
2. Lighting of the site shall be limited as follows:
a. Light levels at the property lines shall be no greater than 0.3 foot candles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff
fixtures;
e. Site and building illumination shall be limited to the satisfaction of the ARB; and
f. The lighting for any recreational facility may only be inside the picnic pavilions. Lighting
shall be excluded from other recreational areas.
3. Final site plans shall show a reservation, or provide a note, for future vehicular and pedestrian
connections to adjacent parcels to the north and south;
4. A pedestrian connection from the future pedestrian/bike pathway on Route 20 into the site shall
be constructed with the site improvements. The pedestrian path (from Route 20 to the building
and aligned along the travelway as shown on the revised application plan, dated September 20,
2006, revised December 11, 2006) shall be constructed in accordance with Chapter 6 of the
Design Standards Manual;
5. A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction of
VDOT;
6. Landscaping shall be provided to limit the impact of the storm water area on the Entrance
Corridor to the satisfaction of the ARB;
7. The applicant shall construct public water service to the site via extension of the existing
Albemarle County Service Authority water line located on the west side of Route 20 and public
sewer service via extension of the existing Albemarle County Service Authority sewer line located
along route 20 and the Cow Branch Creek, generally as provided in the report entitled,
Preliminary Engineering Report Water and Sewer Facilities for Kappa Sigma Headquarters by
Draper Aden Associates, dated march 30, 2004;
8. A plat to combine the parcels shall be submitted concurrent with the amended site plan submittal
or an SP will be required; and
9. All grass parking areas shall be "Grasspave" unless a product deemed equivalent is approved by
the county engineer and the amended site plan shall include "Grasspave" manufacturers material
specifications, requirements for installation, provisions for watering (ex. sprinkler system, etc.),
and maintenance requirements (ex. fertilizing, watering, mowing, etc.) to the satisfaction of the
county engineer.
10
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Business Plan Work Session
AGENDA DATE:
January 10, 2007
ACTION:
INFORMATION: X
SU BJECT/PROPOSAL/REQUEST:
Agenda and Materials for the Business Plan Work
Session
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Davis, Breeden; Ms. White
ATTACHMENTS: Yes
REVIEWED BY:
~
t
LEGAL REVIEW: Yes
BACKGROUND:
In 2003, the County developed a process to align the strategic planning process with the budget process. The Business
Plan is an integral part of the strategic budgeting process and identifies specific budget initiatives to accomplish approved
strategic goals and objectives.
STRATEGIC PLAN:
Objective 5.1: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The Business Plan Work Session is designed to provide the Board with a preview of the proposed FY08 budget that will
officially come before the Board in the March work sessions. Although the budget has not been finalized, this work session
provides an opportunity for the Board to see the overall direction of the budget and to provide input on departmental budget
initiatives and agency increases at this earlier stage in the budget preparation. An updated revenue projection will also be
provided.
The attachment provides a list of budget initiatives submitted by departments, which have been reviewed and prioritized by
the County's Leadership Council. The agenda for the Business Plan Work Session is as follows:
· Revenue Update
· Allocation of New Revenues
o Schools
o Capital and Debt
o Committed Operating Expenses
o Other Operating Expenses
· Strategic Initiatives
· Five Year Financial Forecast
ATTACHMENTS
FY 07/08 Prioritized Strateqic Initiative List
07.004
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Mountain Overlay District
Rural Areas Resource Protection
Joint Work Session
AGENDA DATE:
January 10, 2007 Joint Work Session
ACTION: X
INFORMATION:
SU BJ ECT/PROPOSALlREQUEST:
Mountain Overlay District Proposal for Protection of
Albemarle County's Mountain Resources
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Graham, Cilimberg,
Benish, McDowell
ATTACHMENTS: Yes
REVIEWED BY:
~----
f
LEGAL REVIEW: YES
BACKGROUND:
At its joint work session on December 13, 2006 with the Planning Commission, the Board of Supervisors continued its
discussion begun at the work session on September 13, 2006, pertaining to the Mountain Overlay District (MOD)
Committee's Proposal for Protection of Albemarle County's Mountain Resources (Attachment A). The Board discussion
focused on the MOD Proposal in order to obtain a sense of the willingness of the Board and Commission to move forward
on each of the MOD provisions. The Board also decided that it would take up the possibility of extending certain MOD
provisions to the remainder of the Rural Areas after it concluded its discussion on the application of the provisions within
the Mountain Protection Areas. Following the discussion, the Board requested that staff schedule another work session to
provide a two-hour time period for the Board to conclude its discussion.
The Board reached general consensus to move forward with revised ordinance provisions for the following:
1. Critical Slopes (restrictions for roads and driveways across critical slopes)
2. Erosion and Sediment Control Plan (require a Plan instead of an Agreement in-lieu, in order to obtain a grading
plan)
3. Stream Buffers (200' wide stream buffers, in order to protect steam head waters)
4. Safe Access (ensure that safe access is provided to buildings)
Some Board members did want it understood that while they were agreeing to move forward, they were not committing to
vote favorably for any particular provisions as they had not yet seen the particular details.
STRATEGIC PLAN:
Goals 4: Effectively Manage the County's Growth and Development.
Objective 4.2: By June 30, 2010, increase the protection of the County's rural areas by implementing the key
strategies of the Rural Area Plan.
DISCUSSION:
The remaining provisions of the MOD proposal to be discussed on January 10 are as follows:
1. Height Restrictions (building heights below the crests of ridges)
2. Waiver or Modification (waivers available, if the purposes of the ordinance can be met; administrative or Planning
Commission decisions should be discussed)
3. Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the MOD (existing Rural
Preservation Development standards would be applicable to the MOD)
4. Additional Protection for Mountain Resources (conservation easements, property tax adjustments, Transfer of
Development Rights)
AGENDA TITLE:
Mountain Overlay District
Rural Areas Resource Protection
Joint Work Session
January 10, 2007
Page 2
Also, if time permits, the Board will discuss the implications for extending certain MOD regulations throughout the
remainder of the Rural Areas. The December 13th Board Executive Summary (Attachment B) provides information
regarding extending the MOD provisions into the remainder of the Rural Areas.
A Power Point presentation to illustrate the progression of a subdivision through the application process will be given by
staff at the beginning of the work session in order to clarify some of the issues raised at both the September 13 and the
December 13 work sessions.
BUDGET IMPACT:
After the Board has completed its review noted above and provided direction, staff will prepare a budget impact analysis to
accompany the proposed ordinance amendments as they are deliberated. It is anticipated that additional staff resources
would be required to process, inspect, and enforce many of these additional regulations. If the Board elects to do so, those
additional costs may be recovered in permit fees. Additionally, it is anticipated that providing accurate surveys and detailed
plans, as well as any additional permit fees, would increase upfront costs to builders. It is anticipated that all of the
builders' costs would be passed on to the future homebuyers. While economic theory suggests these increased costs
would constrain development activity in the Rural Areas, staff cannot speculate on whether the additional costs would have
an appreciable effect on the rate of Rural Areas development.
RECOMMENDATIONS:
On September 13, 2006, staff recommended that the Board adopt a Resolution of Intent for the Mountain Overlay District
based on the recommendations in the Comprehensive Plan and the recommendation of the MOD Committee (Attachment
C). Staff continues to support proceeding with Mountain Overlay District provisions and recommends that the Board
complete review of the provisions of the MOD proposal. Furthermore, staff requests that the Board consider extending
certain MOD regulations throughout the Rural Area as discussed in the December 13th Executive Summary (Attachment
B). Based on direction given at the January 10,2007, work session, staff will develop the necessary Resolutions of Intent
that comply with the Board's direction and bring those to the Board for adoption at a subsequent meeting.
ATTACHMENTS
A Mountain Overlav District Committee recommended Proposal for Protection of Albemarle County's
Mountain Resources
B Executive Summary. Board of Supervisor's December 13.2006, Joint Work Session with the Planrll.o..g
Commission
C Resolution of Intent for the Mountain Overlay District
07.003
Attachment A
Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc
Proposal for Protection of Albemarle County's Mountain Resources
by
The Mountain Overlay District (MOD) Committee
On June 4, 2003, the Board of Supervisors appointed a Mountain Overlay District Committee.
The Board asked the Committee to craft "an acceptable and effective ordinance to protect
mountain resources and implement the Mountain Protection Plan" (a section of the
Comprehensive Plan adopted in 1998).1 The Committee's diverse membership was also asked
to use a consensus process.2 The Committee worked for two years, from April 2004 through
April 2006. AI/12 of the Committee's members support this proposal. 3
The Mountain Overlay District (MOD) Committee recommends a three-part program to protect the
economic, cultural, and natural resources of Albemarle County's mountains. The recommended
program includes: a mountain ordinance focused on protecting the MOD environment; principles
that would mandate and govern Rural Cluster Subdivisions in the mountains; and public
acquisition of interests in land. Each of these elements is outlined below.
The program, as a whole, is designed to get development off critical slopes and out of stream
buffer areas and to protect habitats and watersheds, scenic and historic resources, and
agricultural and forestal uses of the mountains. It is also designed to conserve properties and
their values both within and outside the MOD. Several aspects of this proposal, such as
enhanced protection for critical slopes, might also be appropriate for general application in the
County's Rural Areas. Because the Committee's charge related to the MOD, however, we have
not included broader applications in our proposal.
A. Outline of a Mountain Overlay District Ordinance
1. Findings
a. Ensuring public safety is of particular concern in Albemarle's mountains. In a few clearly
defined areas, unstable mountain slopes are a clear threat to life and property, as
evidenced by past debris flows. More generally, difficult access can make successful fire
and rescue operations problematic in the mountains.
b. The mountains of the County are almost entirely in forest cover with the remaining acres
in orchards and pasture. They support a viable forest and agricultural industry that is
important to the County's economic well-being. Mountain areas provide critical services
in collecting, storing, filtering and releasing water for human consumption and other uses
at lower elevations. Maintaining forest cover and protecting headwaters and stream
buffers in the mountains are necessary for adequate quantity and quality of water. The
mountain forests (like all forests) also protect air quality and help stabilize climate.
c. Mountain landowners have important interests in maintaining the use, enjoyment and
economic value of their land. Landowners, businesses and citizens throughout the
County have important economic and quality-of-Iife interests in preserving the natural,
historic and scenic qualities of the mountains. These economic interests include a
substantial tourism industry.
d. Mountain areas are a system of slopes that extend for greater distances and may be
considerably steeper than slopes at lower elevations. Disturbance of steep slopes in
these areas is of particular concern because of the presence of more erodible soils than
in other areas and the length of the grade on such slopes.
I "Mountain Overlay District" memorandum from Joan McDowell to the Mountain Overlay District
Committee, March 16, 2004.
2 Ibid. and "Mountain Overlay District Committee Meeting Notes," AprilS, 2004.
3 A 13th member, Katie Hobbs, moved to Georgia in late 2005.
ATTACHMENT A
Page I of 5 Pages
Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMIITED,doc
e. The mountain areas support native biological diversity and offer prime habitat for hunting
and wildlife observation. Declines in diversity are threatened by fragmentation of habitat
- the dividing of large areas into smaller parcels - and the resulting disruption of forest
cover.
f. The mountains provide an important and unique aesthetic and cultural resource. The
relatively pristine, wooded character of the County's high elevations - the blue backdrop
of the mountains - defines much of the character of Albemarle County and has served as
an inspiration and cultural landmark for residents since colonial times.
2. Purposes of Ordinance
Based on these findings, the Committee proposes an ordinance to achieve the following
purposes in mountain areas:
a, Protect public safety
b, Protect headwater streams, water quantity and quality, and public drinking water
reservoir capacity
c. Reduce impacts of development on native biological diversity (natural heritage)
d. Preserve properties and their values both within and outside the MOD
e. Protect agricultural and forestal soils and uses
[, Protect scenic qualities and cultural and other historical resources
3. Definitions
a. Mountain Ordinance District (MOD). The ordinance would use the same lower
boundary lines for the MOD as the proposed 1998 ordinance. It would apply to parcels
that lie wholly or partially within those boundary lines.
b. Ridge Area. A "ridge area" within the MOD would be defined as within 100 vertical feet
or 250 horizontal feet of a crest, whichever is more restrictive.4
4. Terms of the MOD Ordinance
a. Critical SloDes
No residential construction or related road or driveway construction, except for the improvement
of a road or driveway that existed on the date of the ordinance, would be permitted on critical
slopes. This ban on construction would not apply to roads built for forestry, agricultural, and
horticultural purposes.s, Neither would this ban apply to lots of record created on or before
December 10, 1980, in order to establish the first single family residence, provided there is no
alternative building site and no alternative route for the road.
Any roads built on critical slopes for forestry, agricultural, or horticultural purposes after the date
of the ordinance would not be convertible to residential use after the date of the ordinance. This
limitation would not apply to lots of record created on or before December 10, 1980, in order to
establish the first single family residence, provided there is no alternative building site and no
alternative route for the road.
b. Erosion and Sediment Control Plan
4 Virginia Code S 15.2-2295.1 defines "crest" to mean "the uppermost line ofa mountain or chain of
mountains from which the land falls away on at least two sides to a lower elevation or elevations."
5 See Albemarle County Code S 18-4.2.1 (definition of "building site").
ATTACHMENT A
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Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc
Land disturbing activities exceeding 2500 square feet will require an effective erosion and
sediment control plan explicitly designed to address erosion control and water infiltration for the
long term. Guidelines for drafting these plans should encourage flexible and innovative
approaches.
c. Stream Buffers
No residential construction would be permitted within 200 feet of an intermittent or perennial
stream or river or other body of water shown on a U.S. Geological Survey 7.5 minute quadrangle
topographic map. No hard-surface or impermeable surface roads, including gravel on compacted
base, or driveways would be permitted in this area except by special use permit.
When disturbance is necessary to cross streams to access a portion of the property as set forth
above (or as otherwise allowed in the MOD), best management practices would be imposed.
Development in a stream buffer mal be authorized in the following circumstances, provided that
a mitigation plan? is submitted to, and approved, by the program authority:
· On a lot on which the development in the stream buffer will consist of the construction
and maintenance of a driveway or roadway, and the program authority determines that
the stream buffer would prohibit reasonable access to a portion of the lot which is
necessary for the owner to have a reasonable use of the lot; or
· On a lot of record created on or before December 10, 1980, if the stream buffer would
result in the loss of a building site, and there are no other available building sites outside
the stream buffer on the lot, or to allow redevelopment as permitted in the underlying
zoning district.8
d. Heiaht Restrictions
No building within the ridge area would be permitted to exceed 35 feet in height or to exceed the
height of an adjacent crest, whichever is more restrictive.9
e, Safe Access
Building sites within the MOD will not be approved unless the applicant can demonstrate that fire
and rescue vehicles will be able to safely access the site.
f. Waiver or Modification
An administrative waiver or modification from one or more of these requirements would be
available. Such waiver or modification could be granted only upon a finding that alternatives
proposed by the developer would advance each of the purposes of the ordinance to an equivalent
or greater degree than strict application of these requirements.1O In making this determination,
the appropriate body-the Program Authority or the Planning Commission-would take into
account the effects of the developer's overall plan for the property (including residential
construction and related road or driveway construction or road or driveway improvement), and if a
6 Albemarle County Code ~ 17-321 provides that the activities "may" be authorized by the program
authority, but the authority does not have to permit the activities in all cases.
7 The mitigation plan mandated by Albemarle County Code ~ 17-322(C)(2) requires, among other things,
that the activity be located so that it is the least disruptive to the functions of the stream buffer.
8 See Albemarle County Code ~ 17-321.
9 It is the Committee's intention that "adjacent" refers to a crest on which a residential dwelling could be
constructed.
10 Compare with Albemarle County Code ~~ 18-4.2.5 and 18-5.1(a).
ATTACHMENT A
Page 3 of 5 Pages
Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMITTED.doc
waiver were issued, it would include any conditions on development necessary to protect the
purposes of the ordinance.
A variance would be available in cases of undue hardship under existing regulations.11
Application of the Ordinance may result in inability to use all division rights 12 that have been
allocated to properties in the MOD - that is, because of measures in the Ordinance, parcels may
not be able to be developed as extensively as they would without these measures. Property
owners would have the ability to moderate the effect of these measures through waivers and
modifications.
B. Guidelines for Incorporation into a Future Rural Cluster Subdivision Ordinance for the
MOD
For Rural Preservation Developments (RPDs) in the MOD, rural preservation parcels (RPPs) will
include any ridge area in the RPD or as much of it as feasible consistent with utilization of all
development rights otherwise available to the parcel. The RPP will retain a development right.
The RPP will be configured and conditioned to minimize adverse impacts on hydrology,
biodiversity, aesthetics, cultural and other historical resources, agricultural and forestal soils and
uses, public safety, and to preserve property values within and outside the MOD.
Development lots outside the RPP will be configured and conditioned to minimize impacts on
these same resources and property values.13
Construction in RPDs in the MOD will also be subject to the generic requirements in the MOD
Ordinance, as above.
C. Additional Protection for Mountain Resources
The County's Comprehensive Plan makes specific provision for acquisition of property interests,
such as purchase of development rights (PDR), to protect the mountains. The Committee
proposes expanded efforts within the MOD to:
· Promote conservation easements
· Promote riparian buffer easements
· Encourage voluntary reduction of development potential
More specifically, beyond the ordinance and clustering proposed in this document, the Committee
believes the Board of Supervisors must develop innovative and flexible approaches to protecting
Albemarle's mountains. It has generated the following list of ideas, although it is not endorsing
any single one. The list is certainly not intended to be exhaustive; rather, the Committee
encourages the Board to think creatively.
· Grant complete or partial tax-exemption to any real estate placed in a permanent
"riparian buffer" easement, even if the landowner chooses to impose stream buffers that
are wider than those recommended in the Stream Buffers section of this proposal.14
II
See Albemarle County Code S ] 8-34.2.
12 The term "division rights" includes "development rights."
13 See Mountain Design Standards, Natural Resources and Cultural Assets Plan, which is a component of
the Albemarle County Comprehensive Plan, pp. 116-117; Strategies, Rural Areas Plan, which is a
component of the Albemarle County Comprehensive Plan, pp. 37-38; and Memorandum to Planning
Commission from Stephen P. Waller (May 24,2005) (Ragged Mountain Farm RPD).
ATTACHMENT A
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Proposal for Protection of Albemarle County's Mountain Resources - April 17, 2006 SUBMIITED.doc
· Change the ACE Program's criteria to evaluate properties and allocate the currently
available and potentially new funding resources as follows:
o Mountain value: Modify the ACE ranking to add a category for land located
inside the MOD.
o Scenic value: Modify the ACE ranking to add a category for scenic lands.
· Lease scenic rights. Develop a Scenic Land-Lease Program that would pay a fair price
to landowners for very long (30-99 years) scenic leases on the highest ridge spines.
· Develop a Watershed Protection Fund. Work with the Rivanna Water and Sewer
Authority and the Albemarle County Service Authority to develop a user fee that would be
earmarked-as supplemental ACE funding-for the MOD sections of the watershed that
feed the local public water supply system.
· Abate all property taxes on the Ridge Areas within the MOD as long as they remain
undeveloped. If conversion occurs later, a rollback of all abated taxes would be levied,
with interest at 10% on accrued rollback balances compounded annually.
· Develop a transfer of development rights (TOR) ordinance (using recent enabling
legislation) whereby development rights within the MOD may be sold and transferred to
parcels wholly outside the MOD.15
Enactment of one or more of these approaches would not be designed to compensate
landowners for the impact of the proposed ordinance. Instead, they would create additional
protections for the MOD beyond what may be accomplished by regulation.
It is the Committee's desire to avoid adverse impacts on the viability of the ACE program as well
as on any other similar program or regulatory provision in the County.
14 ~ 58.1-3666. Wetlands and riparian buffers. Wetlands, as defined herein, that are subject to a perpetual
easement permitting inundation by water, and riparian buffers, as defined herein, that are subject to a
perpetual easement permitting inundation by water, are hereby declared to be a separate class of propertj
and shall constitute a classification for local taxation separate from other classifications ofreal property.
The governing body of any county, city or town may, by ordinance, exempt or partially exempt such
property from local taxation. "Riparian buffer" means an area of trees, shrubs or other vegetation, subject
to a perpetual easement permitting inundation by water, that is (i) at least thirty-five feet in width, (ii)
adjacent to a body of water, and (iii) managed to maintain the integrity of stream channels and shorelines
and reduce the effects of upland sources of pollution by trapping, filtering, and converting sediments,
nutrients, and other chemicals. "Wetlands" means an area that is inundated or saturated by surface or
ground water at a frequency or duration sufficient to support, and that under normal conditions does
support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that is subject
to a perpetual easement permitting inundation by water. (1998, c. 516.)
15 Approved by the Governor-Chapter 573 (effective 7/1/06). Transfer of development rights. Allows
localities to provide for the transfer of development rights from a parcel of property located in the locality
to another parcel of property located elsewhere in the locality.
ATTACHMENT A
Page 5 of 5 Pages
summary
Page 1 of3
Attachment B
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE;
Mountain Overlay District and Rural Areas
Resource Protection Work Session
AGENDA DATE:
December 13, 2006
ACTION: X
INFORMATION: ..
SUBJECT/PROPOSAUREQUEST:
Protection of Albemarle's Rural Areas Resources
CONSENT AGENDA:
ACTION: INFORMAIION~
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Graham,
Cilimberg, Benish, McDowell
ATTACHMENTS-=. Yes
REVIEWED BY:
LEGAL REVIEW: Yes
---_..~_._-,-
BACKGROUND:
On September 13, 2006, the Board of Supervisors held a work session to discuss the Mountain Overlay District
(MOD) Committee's recommendations for a three-part program to "protect the economic, cultural, and natural
resources of Albemarle County's mountains." The Committee's report advised, "several aspects of the proposal,
such as enhanced protection for critical slopes, might be appropriate for general application in the County's Rural
Areas," The Board directed staff to investigate extending the protection measures recommended in the MOD
framework to the rest of the Rural Areas and to schedule a joint meeting with the Planning Commission to review
this report. A copy of the proposed MOD framework is attached as reference (Attachment A). The Board did not
vote on the Mountain Overlay District Resolution of Intent.
STRATEGIC PLAN~
Goal 2: Protect the County's natural resources.
DISCUSSION:
The Proposal for Protection of Albemarle County's Mountain Resources recommended by the MOD Committee
consists of what the Committee referred to as a "three-legged stool." This three-part program includes: a) a
mountain ordinance framework that focuses on protection of the MOD environment; b) principles that would
mandate and govern Rural Cluster Subdivisions; and (c) public acquisition of interests in land. The Committee
stressed that all three "legs" would provide the comprehensive approach needed for protecting the lands in the
Mountain Overlay District (Attachment A).
As the Board requested, this work session is to review an assessment of applying the MOD recommendations
throughout the Rural Areas. Staff's analysis of applying the MOD recommendations throughout the Rural Areas
is available in Attachment B. The format for this review includes the actual MOD framework quoted from the
individual components, applicable comprehensive plan policies, existing ordinance regulations, and a
question/answer segment to discuss some of the issues.
BUDGET IMPACT:
When the Board has determined the direction regarding each of these regulations, staff will prepare a budget
impact analysis. It is anticipated that additional staff resources would be required to process, inspect, and
enforce many of these additional regulations. If the Board elects to do so, those additional costs may be
recovered in permit fees. Additionally, it is anticipated that providing accurate surveys and detailed plans, as
well as any additional permit fees, would increase upfront costs to builders. It is anticipated that all of the
http://boardreports/ESAttachments/ summary ,htm
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builder's costs would be passed on to the future homebuyers. While economic theory suggests these
increased costs would constrain development activity in the Rural Areas, staff cannot speculate on whether
the additional costs would have an appreciable effect on the rate of Rural Areas development.
RECOMMENDA TIONS:
The purpose of this work session is to provide an opportunity for the Board and Planning Commission to
give staff direction. Based on direction given at this work session, staff would develop both a Resolution of
Intent and ordinance amendments to comply with the Board's direction. To be able to proceed with that
effort, staff needs answers to the following questions:
1. Does the Board wish to proceed with any of the MOD Committee recommendations
(Attachment B - Part A) and, if so, does the Board wish to limit all of these to a Mountain
Overlay District or to expand this to include the entire Rural Areas? If the changes were
applied to all Rural Areas property in the same manner, the need to create a Mountain Overlay
District is eliminated while creation of the district would be important if any provisions were to
be limited to that district.
2, If the Board decides to proceed with any of the proposed changes, which changes would they
like brought forward? To assist the Board, the following list describes the possible changes
discussed and provides staff's position.
a. Critical Slopes. Staff believes applying the critical slopes provision over the entire Rural
Areas would be effective at reducing development impacts and protecting natural
resources. Staff believes this would provide some, but not all, of the natural resource
protection anticipated with the previously considered subdivision phasing and clustering
provisions. Staff believes limiting this provision to the MOD would also provide a benefit,
but a much smaller one and would increase the complexity of plan reviews by creating two
separate standards rather than simplifying with one standard. It should be recognized that
this provision can reduce the ability of some properties to exercise all of their development
rights, but would provide for at least one dwelling on the property as it currently exists. If
applied to the entire Rural Areas rather than the MOD, the number of properties potentially
affected would significantly increase.
b. Erosion and Sediment Control Plan, Staff believes there is not sufficient benefit for
reducing the disturbance area to 2,500 square feet for all building permits, as building
permits for new Rural Areas' dwellings all fall within the current 10,000 square foot area
threshold. Reducing the area to 2,500 square feet would expand coverage to construction
such as additions to houses and garages, which staff considers to have much smaller
impacts. If there is interest in pursuing the critical slopes provisions and/or verifying safe
access, staff will need to stop allowing use of Agreements in-lieu of a Plan and require
complete E&S Plans, which include existing topography and all proposed grading. Ending
use of Agreements in-lieu of a Plan does not require any ordinance changes but will
significantly increase the amount of work staff must do in both permit review and
inspections. It would also increase the cost to applicants for building permits in the Rural
Areas,
c. Stream Buffers. Staff has previously indicated a 200' buffer width can be justified in the
MOD, based on the increased sensitivity of those areas. Staff does not believe water
resource protection can justify a 200' stream buffer for the entire Rural Areas. Staff
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believes including stream buffers for intermittent streams throughout the Rural Areas, as is
currently done in the Water Supply Areas, is a justifiable protection of natural resources
and consistent with the County's Strategic Plan Goal for enhanced protection of water
resources. Including intermittent streams throughout the entire Rural Areas would
potentially impact the ability of property owners to exercise all of their development rights,
but provisions already in the Water Protection Ordinance allow at least some reasonable
use of the property.
d. Building Heights. Staff believes protection of ridges and crests provides benefit within the
MOD, but there is little benefit in applying this to the entire Rural Areas. Within the MOD, it
should be noted that the benefit of limiting building height with respect to the ridgeline has
been challenged as having unanticipated impacts, such as encouraging building on the
slope near the ridge, which potentially increases both the natural resource impact and
visibility. Staff does not believe that
application of building height restrictions in relation to ridgelines should be applied to the
remainder of the Rural Areas.
e. Safe Access. Staff believes this provision is already in the Zoning Ordinance, but the
ordinance is not specific on what is required and difficult to enforce without seeing grading
that demonstrates the requirement is being satisfied. As discussed with E&S Plans,
assuring compliance with this provision would require the County to stop allowing
Agreements in-lieu of a Plan for new dwellings in the Rural Areas. It should also be noted
the Fire/Rescue Department has indicated that safe access is an issue throughout the
County. Based on this, staff believes this must be uniformly applied across the entire Rural
Areas.
f. Waivers and Modifications. Waivers, modifications or variances are available in the Zoning
Ordinance. The MOD framework provides clarification of the intent and offers
administrative waivers, under certain conditions. To simplify process and assure consistent
application, staff believes waivers and modifications should be kept administrative
whenever possible and limited to that needed to allow at least some reasonable use of the
property.
g. Guidelines for Cluster Subdivision Ordinance. The existing regulations apply to both the
MOD and the Rural Areas. Staff does not believe that the existing ordinance needs
mod ification.
h. Additional Protection for Mountain Resources. Staff believes additional protection
measures for the Rural Areas can be explored, but completion of the current efforts should
take priority over starting any new effort.
ATTACHMENTS
A-Proposal. for protec:tioootAlbemarleCQunty's MOLJntaio ResoLJrces
B~ Staff analysisof applying the MOD recommendations throughout the Rural Areas
C-Discussion Points -Expanding the proposed MOD Stream Buffer provisions Countywide
Q-Zonin9-Qrdinance Sections 4.2.5 Waivers and 4.2.6 Exemptions
RetLJrnmtQ regLJlaragenda
http://boardreports/ESAttachments/ summary ,htm
1/4/2007
Attachment C
RESOLUTION OF INTENT
WHEREAS, the Mountain Protection Plan (the "Plan"), a section of the Comprehensive Plan,
was adopted by the Board of Supervisors in 1998; among other things, the Plan recommended the
establishment of a Mountain Overlay District to protect the resources characteristic of or dependent on
the mountainous regions of Albemarle County;
WHEREAS, the Mountain Overlay District Committee established by the Board of
Supervisors on June 4, 2003, has recommended a range of regulations intended to protect the
economic, cultural, and natural resources of Albemarle County's mountains;
WHEREAS, the Mountain Overlay District's recommendations include the creation of a
zoning overlay district that would require that lots created by subdivision within the district be
clustered; such clustering would maintain the currently allowed density but would require the
development to occur in a more compact form, thereby reducing the amount of land used for residential
development in the Mountain Overlay District and increasing the amount of land available for
agriculture, open space, and natural, scenic and historic resources; and
WHEREAS, the Mountain Overlay District Committee also has recommended regulations for
the proposed Mountain Overlay District pertaining to the disturbance of critical slopes, stream buffers,
erosion and sediment control, the height of structures, and the provision of safe access for fire rescue
vehicles to building sites.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning and land development practices, the Board of
Supervisors hereby adopts a resolution of intent to amend the Zoning Ordinance, the Subdivision
Ordinance and any other regulations of the Albemarle County Code deemed appropriate to achieve the
purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning and subdivision text amendments proposed by this resolution of intent, and make its
recommendation to the Board of Supervisors, at the earliest possible date.
*****
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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
Mr, Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
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MOD
Joint Session BOS/PC
January 10,2007
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Waiver Request - If there were circumstances that would serve the purposes of the MOD to the
same or greater degree than a strict application of the requirements, then a waiver or modification
would be available. This is considered a "do no harm" provision.
Critical Slopes - restrict construction of roads and driveways on slopes equal to or greater
than 25%
Goals accomplished -
· protect headwater streams, water quantity and quality and public drinking water reservoir
capacity
· protect public safety and ensure that those who build houses and live in the mountains
can be adequately served and protected from fire and other hazards
· protect scenic qualities and cultural and other historical resources
· reduce human impacts of development on biological diversity
· preserve properties and their values within and outside of the MOD
· protect agricultural and forestal soils and uses
· protect scenic qualities and cultural and other historical resources
Require that land-disturbing activities exceeding 2,500 sf would reqnire an Erosion and
Sediment Control Plan
Goals accomplished
.
protect headwater streams, water quantity and quality and public drinking water reservoir
capacity
protect agricultural and forestal soils and uses
protect scenic qualities and cultural and other historical resources
protect agricultural and forestal soils and uses
reduce human impacts of development on biological diversity
.
.
.
.
Require 200' Stream Butlers
Goals accomplished
.
protect headwater streams, water quantity and quality and public drinking water reservoir
capacity
reduce human impacts of development on biological diversity
.
Height Restrictions to 35' below crest (highest point of mountains in MOD)
Goals accomplished
.
preserve properties and their values within and outside of the MOD
protect scenic qualities and cultural and other historical resources
.
Safe access for rare and rescue vehicles
Goals accomplished
.
protect public safety and ensure that those who build houses and live in the mountains
can be adequately served and protected from fire and other hazards
Memo to: Albemarle County Supervisors
From: Albemarle County Farm Bureau Directors
RE.: Land use taxation survey
i '/0 . 0 1
1_
lfYli-(
. Januray 2007
The Albemarle County Farm Bureau recently conducted a survey among randomly
selected property owners registered in the land use assessment program. We mailed out 270
surveys and received 125 responses, or a return rate of 46.3%. The survey asked owners to
respond to the following three questions, and the results are tabulated by current Farm Bureau
board secretary Lowry Abell.
1. Referring to your farm as agricultural or forestall land that you own, do you know
how long your property has been enrolled in land use assessment?
Less than 5 years
4%
10 years
24.8%
15 years
0.8%
20+ years
69.6%
Don't know
0.8%
2. Do you feel that the land use assessment over the past 30 years has kept a lot of rural
land from being developed?
Strongy agree
63.2%
Agree
28.8%
Disagree
7.2%
Did not answer
0.8%
3. Would higher taxes as a result ofloss ofland use rates influence you to...?
Keep land the same
13.6%
Sell part of the land
43.2%
Sell all the land
40.8%
Unsure or do not know
2.4%
Two points stand out:
A large acreage of the county's rural area has been in the land use assessment program
for 20 years or more. Thus we have a large rural area today.
Eighty-four percent of these landowners would sell some or all of their property ifland
use taxation were extinguished.
Joseph H. Jones
President
The cover letter:
"The Albemarle County Farm Bureau is conducting a survey on land use tax. Please take
a minute to mark and return the enclosed post card. Thank you.
Sincerely,
Albemarle County Farm Bureau Land Use Committee"
The return post card:
"The Albemarle County Farm Bureau is conducting a survey. We need to hear from you
property owners enrolled in land use assessment. Please take a minute to mark and return. The
Albemarle County land use assessment program began in 1975 as an incentive for agricultural
and forestall landowners to conserve rural land for food and fiber production, watershed
protection, aesthetic beauty and wildlife."
(270) Two hundred and seventy letters with return postcards were mailed out (roughly a 10%
sampling) to addresses of property owners provided by County Assessor's Office.
(125) Postcards were returned (or a response rate of 46.3%.)
._~~I -.,,~
American Farmland Trust
~+\;. nAY ,[.'0(.
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The Nature Lf":i.
Conserva1lcy')J
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To All Members of the Virginia General Assembly:
We are writing to request your support for Governor Kaine's proposed land conservation amendments to the 2006-
2008 biennial budget. Specifically, we request that you support $13.7 million in additional funds to the Virginia
Land Conservation Foundation, $5 million to launch the Department of Agriculture and Consumer Services'
Purchase of Development Rights program, and $950,000 for the Virginia Outdoors Foundation. These funds
represent a much-needed investment in the Commonwealth's efforts to protect the natural, cultural, historic, and
working landscapes that define Virginia, support our economy, and underpin our quality of life.
Our organizations are guided by differing missions, and we often serve different constituencies. This fall, we came
together in our commitment to land conservation and worked to define a common set of agreed-to principles on
this issue. We agree that successful land conservation:
Requires the protection of a diversity of lands. Working farms and forests, scenic landscapes, natural
areas, wildlife habitat and game lands, historic resources, and parks and recreational areas are all
important to conserve for present and future generations of Virginians.
Requires action and initiative at all levels. An individual landowner who wants to protect his or her
property should have the incentives to do so. A local community that wants to come together to conserve
the lands that matter most to its citizens should have the resources to launch such an effort. Lastly,
agencies and organizations seeking to protect lands of statewide importance should have the tools to
preserve those lands for all Virginians to enjoy.
Requires a variety of programs and approaches.
We support maintaining a market-based approach through Land Preservation Tax
Credits for landowners interested in protecting their properties at their initiative. The
Virginia Outdoors Foundation (VOF) holds over 80 percent of all easements in Virginia.
$950,000 in additional support for VOF is crucial to its ability to work successfully
with the growing numbers of landowners donating conservation easements.
We also need consistent and robust state investments in Purchase of Development
Rights (PDR) programs delivered at the county level to address local land conservation
priorities. $5 million provides urgently needed funds for the Department of
Agriculture and Consumer Services to launch its Purchase of Development
Rights program to protect threatened working lands across the Commonwealth.
Lastly, we need consistent and robust state investments in the Virginia Land
Conservation Foundation (VLCF) to support statewide conservation priorities and
objectives. $13.7 million in additional funding will allow the Virginia Land
Conservation Foundation to protect thousands of acres of the Commonwealth's
highest priority forests, farmlands, natural areas, and scenic and historic landscapes.
Virginia's three largest industries - tourism, agriculture, and forestry - all depend on intact
natural, scenic, and working lands. These investments will leverage federal, local, and private
dollars and provide direct benefits to the Commonwealth's economy, its lands, and its citizens.
We look forward to working with the General Assembly to secure your thoughtful approval of
these funds. Thank you for your consideration.
if~~,
I
Robert C. Wagner
Managing Director, Field Programs
American Farmland Trust
aJ~p
~;f~
Ann F. Jennings
Virginia Executive Director
Chesapeake Bay Foundation
Michael L. Lipford
Executive Director
The Nature Conservancy
C'-1~ ( ~
Christopher G. Miller
President
Piedmont Environmental Council
Martha Moore
Director, Government Relations
Virginia Farm Bureau
~(J~
Helen C. Tansey ~
Executive Director
Virginiaforever
(~'~
Land Conservation Funding
Additional Supporters
~ue_Rid~
Foothills Conservancy
Carl Schmitt
President
Northern Neck
Land Conservancy
Mary Louisa Pollard
President
~~~
'HENANDOAH
VALLEY NETWORK
Megan Gallagher
Director
Barbara L. Walsh
Executive Director
~
New RiM Trust
Elizabeth A. Obenshain
Executive Director
Capital Regional
Land Conservancy
Bill Greenleaf
Executive Director
@
DUCKS UNLIMITED
Grace E. Bottitta
Manager of Conservation
Programs, Mid-Atlantic
tofifac
~servanCY
~
PDR Managers
Group
Rachel M. Morris
Rural Economic Manager
Isle of Wight County
Representative, PDR
Managers Group
Kevin Mack
Vice President for Conservation
"'HE
TRUST
for
PUBLIC
LAND
~ 'ALLEY
.' C.ON.' SERVATIOX
CO{~XCIl..
John Eckman
Executive Director
..u........
....-..-
~
YES Land Trust
-----
CoNSUVING lAND
FOR PEOPll
Denise Schlener
Chesapeake and Central Appalachians
Field Office Director
\.'IR{;]'\iIA Fi\STLR,I\..; Sllt)RF
Peter Henderson
Executive Director
J!#
WILLIA1\1SBlJRG
LAr-..TD CONSERVA~CY
Jenny West
Executive Director
Caren R. Schumacher
Executive Director
l'I.O:~ () 0 1-
7
1'r{1/
The Daily Progress, Tuesday, January 9, 2007
n
tJ
a
r
3
Stores offer break on
efficient light bulbs
As part of a campaign to
curb electricity consump-
tion, three local mer-
chants are offering dis- .
counted prices on I=nergy-
efficient compact fluores-
cent light bulbs.
Crozet Hardware at 5783
on the Square, Nature
Neutral at 370 Greenbrier
Drive and Martin Hardware
at 941 Preston Ave. in
Charlottesville are partici-
pating in the Piedmont
Environmental Council's
"Enlighten" campaign.
The energy-efficient
light bulbs consume 75
percent less electricity
than standard bulbs. They
also save between $;30
and $60 on electricity bills
over the life of the bulb,
according to the PEe.
For more information,
go to
www.enlightenva.org.
From staff reports
t
3
r
,
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement
under the ACE Program from the owner(s) of the following properties:
Davey
TM 112, Parcel 15 (271.740 acres)
TM 112. Parcel 15B ( 22.490 acres)
Total (294.230 acres)
TM 97, Parcel24A (145.710 acres)
Metcalf/South
WHEREAS, the owner(s) offered to sell a conservation easement on the
respective properties to the County for a fixed purchase price, subject to terms and
conditions set forth in the proposed deed of easement enclosed with the County's
invitation to offer to sell, subject to any further revisions deemed necessary by the
County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offer to sell a conservation easement for each of the properties described
above, and authorizes the County Executive to execute all documents necessary for
completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owner( s) of the properties
identified herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
of six to zero, as recorded below, at a mee . held on January 10. 2007.
jcLUJ (!~
Clerk, Board of County SUR isors
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
y
y
y
y
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement
under the ACE Program from the owner(s) of the following properties:
Motley TM 66, Parcel 3 (36.600 acres)
Fields TM 81, Parcel 48 (110.810 acres)
Huckleberry Hill Farm TM 19, Parcel 1 (A) (181.320 acres)
TM 19, ParceI1(B) ( 17.750 acres)
TM 19, ParceI1(C) ( 4.980 acres)
TM 19, ParceI1(D) ( 14.690 acres)
TM 19. Parcel 4 (18.910 acres)
Total (237.650 acres)
WHEREAS, the owner( s) offered to sell a conservation easement on the
respective properties to the County for a fixed purchase price, subject to terms and
conditions set forth in the proposed deed of easement enclosed with the County's
invitation to offer to sell, subject to any further revisions deemed necessary by the
County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offer to sell a conservation easement for each of the properties described
above, and authorizes the County Executive to execute all documents necessary for
completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owner(s) of the properties
identified herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
of six to zero, as recorded below, at a meeting held on January 10. 2007.
.,
.-UL Vv' e {~
lerk, Board of County Supe isors
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
y
y
y
y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Acceptance of FY 2004-05 and FY 2005-06
landowners' offers to sell conservation easements
AGENDA DATE:
January 10, 2007
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Adopt resolution accepting FY 2004-05 and FY
2005-06 landowners' offers to sell conservation
easements.
CONSENT AGENDA:
ACTION: X
INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, Goodall
ATTACHMENTS:
Yes
~-----
(
LEGAL REVIEW: YES
REVIEWED BY:
BACKGROUND:
Acceptance of FY 2004-05 landowners' offers to sell a conservation easement On July 5, 2006, the Board of Supervisors
approved the appraisals for the FY 2004-05 applications and approved extending invitations to submit offers to sell
easements to those properties. On November 1,2006, the Board of Supervisors formally accepted offers submitted by three
applicants from this six-applicant class (Vieille, Boyle and Donnelly). The remaining three applicants (Metcalf/South, Davey
and Rock Mills Land Trust) had not yet submitted their offers to sell easements to the County. Since the November meeting,
Metcalf/South and Davey have submitted their offers to the County. ACE regulations require each landowner who desires to
sell a conservation easement to submit a written offer to the County to sell the easement for a fixed price, determined by an
appraisal and subject to an adjustment based on adjusted gross income. The easement is also subject to the terms and
conditions contained in a proposed deed of easement negotiated by the parties. The regulations also require that, if the
Board accepts the offer, it must do so in writing and only after an action by the Board authorizing acceptance. The Board is
not required to accept an offer to sell a conservation easement. Either the Albemarle County Public Recreational Facilities
Authority (UPRFA") or the Virginia Outdoors Foundation (UVOF") may be co-holders of the easements. Staff expects to
receive an offer from the remaining applicant in this class (Rock Mills Land Trust) later this month.
Acceptance of FY 2005-06 landowners' offers to sell a conservation easement - On November 1, 2006, the Board of
Supervisors also approved the appraisals for the FY 2005-06 applications and approved extending invitations to submit offers
to sell easements to those properties. Thus far, three applicants (Motley, Fields and Huckleberry Hills Farm) have officially
submitted their offers to the County. Staff expects to receive offers from the other two applicants in this class later this
month.
STRATEGIC PLAN:
Goal 2. Protect the County's Natural Resources.
Goal 4. Effectively Manage the County's Growth and Development.
DISCUSSION:
Acceptance of FY 2004-05 landowners' offers to sell a conservation easement - From the Round 5 (FY 2004-05) applicant
pool, the County recently received offers to sell conservation easements from Metcalf/South and Davey. These easements
will be co-held by the County and the Public Recreational Facilities Authority (PRFA).
Owner
Metcalf/South
Tax Map-Parcel Number
TM 97, Parcel24A (145.710 acres)
Davey
TM 112, Parcel 5
TM 112. Parcel15B
Total
(271.740 acres)
( 22.490 acres)
(294.230 acres)
Price
$150,000
$516,000
Co-holder
PRFA
DR's Eliminated
-r
PRFA
14
These easements will provide the following conservation values: 1) elimination of 21 development rights; 2) over 10,000 feet
of road frontage on a Virginia Byway; 3) approximately 10,000 feet of stream/river frontage protected by riparian forest
buffers; and 4) 439.94 acres of permanently protected land.
AGENDA TITLE:
Acceptance of FY 2004-05 and FY 2005-06 landowners' offers to sell conservation easements
January 10, 2007
Page 2
Acceptance of FY 2005-06 landowners' offers to sell a conservation easement - From the Round 6 (FY 2005-06) applicant
pool, the County recently received offers to sell conservation easements from Motley, Fields and Huckleberry Hills Farm
Two other applicants from this pool (Chester, and Hook) have not yet submitted offers to sell conservation easements to the
County. Offers to sell are anticipated from these applicants once they have adequately assessed the County's invitation to
submit an offer and accepted the exact terms and conditions of the deed of easement.
Owner
Motley
Tax Map-Parcel Number
TM 66, Parcel 3 ( 36.600 acres)
Fields TM 81, Parcel 48
(110.810 acres)
Price
$100,000
$275,000
$263,550
Co-holder
PRFA
DR's Eliminated
1
PRFA
9
Huckleberry Hills Farm TM 19, Parcel 1 (A)
TM 19, Parcel 1 (B)
TM 19, Parcel 1 (C)
TM 19,ParceI1(0)
TM 19. Parcel 4
Total
(181.320 acres)
( 17.750 acres)
( 4.980 acres)
( 14.690 acres)
( 18.910acres)
(237.650 acres)
PRFA
13
The Motley, Fields and Huckleberry Hills Farm easements will provide the following conservation values: 1) elimination of 23
development rights; 2) over 1,000 feet of road frontage on a Virginia Byway; 3) over 5,600 feet of common boundary with
other properties currently protected by easement; and 4) 385.06 acres of permanently protected land.
A summary of all the conservation values protected by the ACE Program after six rounds of applications is found in
Attachment "0". This attachment also shows the conservation values for each of the six classes.
BUDGET IMPACT:
For the first four years of the ACE program, in which the County acquired easements on sixteen properties and protected
3,759 acres, the County's net cost was approximately $3,125,737 out of the County's budgeted funds of $3,872,500.
Although a portion of unspent funds can be attributed to attrition (approved applicants withdrawing or not making offers to
sell), $357,933 was leveraged from outside contributions and additional savings were realized from adjustments of
easement value from the income grid (see Attachment "C"). If the County acquires easements on all eleven applicants from
FY 2004-05 and FY 2005-06 as currently valued, the County will have acquired easements on twenty-seven properties and
protected 5,497 acres at a cost of up to $6,012,099. The County's budgeted funds of $5,872,500 for that period combined
with additional funding from outside contributions ($489,433) will cover the cost.
Funding for the purchase of conservation easements from both applicant classes comes from the CIP-Planning-
Conservation budget (line-item 9010-81010-580409) and the CIP-Tourism-Conservation budget (line-item #9010-72030-
580416), a budget previously approved by the Board to fund ACE properties with "tourism value".
RECOMMENDATIONS:
The following recommendations are provided for action by the Albemarle County Board of Supervisors:
1) Adopt the attached Resolution (Attachment A) accepting FY 2004-05 applicants' offers (from Metcalf/South and Davey)
to sell a conservation easement to the County, for the price specified and subject to the terms and conditions contained
in the proposed deed of easement, and authorize the County Executive to sign the final deed of easement for each
property.
2) Adopt the attached Resolution (Attachment B) accepting FY 2005-06 applicants' offers (from Motley, Fields
and Huckleberry Hills Farm) to sell a conservation easement to the County, for the prices specified and
subject to the terms and conditions contained in the proposed deeds of easement, and authorize the County
Executive to sign the final deed of easement for each property.
ATTACHMENTS
A - ACE Resolution Acceptinq Offers to Sell FY 2004-05 Easements to the County
B - ACE Resolution Acceptinq Offers to Sell FY 2005-06 Easements to the County
C - Net Acquisition Costs for ACE Easements
0- Conservation Values from Six Rounds of ACE Applications (FY 2000-06)
07.001
Attachment A
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement
under the ACE Program from the owner(s) of the following properties:
Davey
TM 112, ParcellS (271.740 acres)
TM 112, Parcel15B (22.490 acres)
Total (294.230 acres)
Metcalf/South
TM 97, Parcel24A (145.710 acres)
WHEREAS, the owner(s) offered to sell a conservation easement on the respective
properties to the County for a fixed purchase price, subject to terms and conditions set forth in
the proposed deed of easement enclosed with the County's invitation to offer to sell, subject to
any further revisions deemed necessary by the County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offer to sell a conservation easement for each of the properties described
above, and authorizes the County Executive to execute all documents necessary for
completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owner(s) of the properties
identified herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by
vote of _ to _, as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Attachment B
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement
under the ACE Program from the owner(s) of the following properties:
Motley
TM 66, Parcel 3 (36.600 acres)
Fields
TM 81, Parcel 48 (110.810 acres)
Huckleberry Hill Farm
TM 19, Parcel 1 (A)
TM 19, Parcel1(B)
TM 19, Parcel1(C)
TM 19, Parcel1(D)
TM 19. Parcel 4
Total
(181.320 acres)
( 17.750 acres)
( 4.980 acres)
( 14.690 acres)
( 18.910 acres)
(237.650 acres)
WHEREAS, the owner(s) offered to sell a conservation easement on the
respective properties to the County for a fixed purchase price, subject to terms and
conditions set forth in the proposed deed of easement enclosed with the County's
invitation to offer to sell, subject to any further revisions deemed necessary by the
County Attorney and agreed to by the owner.
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby
accepts the offer to sell a conservation easement for each of the properties described
above, and authorizes the County Executive to execute all documents necessary for
completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the
County Attorney to send copies of this resolution to the owner(s) ofthe properties
identified herein, or their contact persons.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by
vote of _ to _' as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Attachment C
Net Acquisition Costs for ACE Easements from First Three Rounds
Applicant Pool Budget Easement Value ACE Payment Closing Costs Net Costs
FY 2000-01 $ 1,000,000 $ 1,430,000 $ 1,136,200 $ 14,975 $ 1,151,175
FY 2001-02 1,000,000 730,000 693,700 20,170 713,870
FY 2002-03 1,000,000 717,000 695,700 15,798 711,498
FY 2003-04 872,500 611,000 526,000 23,194 549,194
FY 2004-05 1,000,000 2,354,000 1,866,620 27,272 1,893.892
FY 2005-06 1 , 000, 000 1,352.000 973.760 18, 710 992.470
Totals $ 5.872,500 $ 7,194.000 $ 5,891,980 $120,119 $ 6,012,099
Notes:
Italics means an estimated value. Since we have not closed on any properties from either the FY 2004-05
or FY 2005-06 class, we cannot predict how many applicants will actually sell an easement to the County.
In FY 2000-01, the Virginia Outdoors Foundation put $250,000 towards the purchase ofthe Powell
easement. A savings of $43,800 resulted from paying an "adjusted" value instead of the full "appraised"
value because one or more landowners' income exceeded the $50,000 minimum. A total of 1,045.497
acres were placed under easement for this round.
In FY 2001-02, A savings of$36,300 resulted from paying an "adjusted" value instead ofthe full
"appraised" value because one or more landowners' income exceeded the $50,000 minimum. A total of
1,156.750 acres were placed under easement for this round.
In FY 2002-03, the Piedmont Environmental Council donated $22,500 toward the purchase of easements
in the Southwest Mountains while a savings of $21 ,300 resulted from paying an "adjusted" value instead
of the full "appraised" value because one or more landowners' income exceeded the $50,000 minimum.
A total of910.700 acres were placed under easement for this round.
In FY 2003-04, the Virginia Land Conservation Fund provided a grant of$85,433 towards the purchase
of the Page easement. Since the only two applicants from this class from whom easements were
purchased received 100% of easement value, there was no additional savings. A total of 664.340 acres
were placed under easement for this round.
In FY 2004-05, all savings thus far are the result of paying an "adjusted" value instead of the full
"appraised" value because one or more landowners' income exceeded the $55,000 minimum. A total of
1110.29 acres will be placed under easement if all landowners from this applicant class agree to sell an
easement to the County and if the County accepts all offers to sell.
In FY 2005-06, all savings thus far are the result of paying an "adjusted" value instead of the full
"appraised" value because one or more landowners' income exceeded the $55,000 minimum. A total of
582.521 acres will be placed under easement if all landowners from this applicant class agree to sell an
easement to the County and if the County accepts all offers to sell.
Attachment D
Conservation Values from Six Rounds of ACE Applications (FY 2000-2006)
First year applicant pool (FY 2000-01 ):
. 11 initial applicants
· acquired easements on 4 properties
· 2/4 properties have "tourism" value
· protected 1,045 acres
· eliminated 102 development lots
· protected 502 acres of "prime" farm and forestland
· 2/4 properties in the Southwest Mountains Rural Historic District
· 1/4 properties adjoin land protected by easement
· protected 4,050 feet along a scenic highway/entrance corridor
· 1/4 lie in the watershed of a drinking supply reservoir
· 4/4 are working family farms
Second year applicant pool (FY 2001-02):
· 8 initial applicants
· acquired easements on 5 properties
· 2/5 properties have "tourism" value
· protected 1,157 acres
· eliminated 39 development lots
· protected 284 acres of "prime" farm and forestland
· 2/4 properties in the Southwest Mountains Rural Historic District
· 1/4 properties adjoin land protected by easement
· protected 93 acres of mountaintop
· protected 1,118 feet along a scenic highway/entrance corridor
· 3/5 lie in the watershed of a drinking supply reservoir
· 2/5 are working family farms
Third year applicant pool (FY 2002-03):
. 8 applicants
· acquired easements on 5 properties
· 4/5 properties have "tourism" value
· protected 910 acres
· eliminated 65 development lots
· protected 86 acres of "prime" farm and forestland
· 3/5 properties in the Southwest Mountains Rural Historic District
· 4/5 properties adjoin land protected by easement
· protected 133 acres of mountaintop
· 1/5 lie in the watershed of a drinking supply reservoir
· 4/5 are working family farms
Fourth year applicant pool (FY 2003-04):
. 8 initial applicants
· acquired easements on 2 properties
· 2/2 properties have "tourism" value
· protected 647 acres
· eliminated 38 development lots
· protected 443 acres of "prime" farm and forestland
· protected 60 acres of mountaintop
· 15,300 feet of streamside protected by riparian forest buffers
· 2/2 are working family farms
Fifth year applicant pool (FY 2004-05):
· 10 initial applicants
· hope to acquire easements on 6 properties
· 3/6 properties have "tourism" value
· protect 1,110 acres
· eliminate 66 development lots
· protect 763 acres of "prime" farm and forestland
· protect 1 0,294 along a scenic highway/entrance corridor
· 29,065 feet of streamside protected by riparian forest buffers
· 2/6 properties adjoin land protected by easement
· 2/6 lie in the watershed of a drinking supply reservoir
· 3/6 are working family farms
Sixth year applicant pool (FY 2005-06):
. 8 applicants
· hope to acquire easements on 5 properties
· 3/5 properties have "tourism" value
· protect 609 acres
· eliminate 44 development lots
· protect 349 acres of "prime" farm and forestland
· protect 1,134 feet along a scenic highway/entrance corridor
· protected 133 acres of mountaintop
· 5,800 feet of streamside protected by riparian forest buffers
· 2/5 properties in the Southwest Mountains Rural Historic District
· 4/5 properties adjoin land protected by easement
· 2/5 lie in the watershed of a drinking supply reservoir
· 3/5 are working family farms
Summary of Six Rounds of ACE Applicants (FY 2000-06):
· 53 applicants
· hope to acquire easements on 27 properties (16/27 are already acquired)
· 16/27 properties have "tourism" value
· protect 5,478 acres
· eliminate 354 development lots
· protect 2,429 acres of "prime" farm and forestland
· protect 16,596 feet along a scenic highway/entrance corridor
· protect 286 acres of mountaintop
· 50,165 feet of streamside protected by riparian forest buffers
· 8/27 properties in the Southwest Mountains Rural Historic District
· 13/27 properties adjoin land protected by easement
· 9/27 lie in the watershed of a drinking supply reservoir
· 18/27 are working family farms
RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION APPROVE AN ENTRANCE PERMIT FOR A
RIGHT -IN/RIGHT -OUT ONLY ENTRANCE AND EXIT DESIGN FOR
THE EXISTING ENTRANCE TO THE WHITE GABLES DEVELOPMENT
WHEREAS, the White Gables development (Tax Map 60, Parcels 26 and 27 A) is
located on Route 250 West and it has an existing entrance (hereinafter, the "Existing
Entrance") that preceded the approval of the White Gables development; and
WHEREAS, one of the conditions of approval of the special use permit for the
White Gables development provides that if a consolidated entrance is established that
will provide an entrance from Route 250 West to both the White Gables development
and the development to the west (now known as the Kenridge development), either the
Virginia Department of Transportation or the County Engineer could require the White
Gables developer to close the Existing Entrance, convert it to a right-inlright-out only
entrance and exit, or require that other modifications be made to the Existing Entrance;
and
WHEREAS, a consolidated entrance as described herein has been constructed
in conjunction with the Kenridge development; and
WHEREAS, the County Engineer recommends that the Existing Entrance be
converted to a right-inlright-out only entrance and exit.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests
the Virginia Department of Transportation approve an entrance permit for a right-
in/right-out only entrance and exit design for the Existing Entrance to the White Gables
development.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote
of six to zero, as recorded below, at a meeting held on January 10. 2007.
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Aye Nay
y
y
y
y
y
y
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
White Gables change to entrance
AGENDA DATE:
January 10, 2007
SUBJECT/PROPOSAL/REQUEST:
Resolution to modify the existing entrance to White Gables
to a right-in, right-out only entrance.
ACTION:
INFORMATION:
STAFF CONTACTCS):
Tucker, Foley, Davis, Kamptner, Graham, Benish,
Wade
CONSENT AGENDA:
ACTION: X
INFORMATION:
LEGAL REVIEW: Yes
REVIEWED BY:
..---"
ATTACHMENTS: Yes
BACKGROUND:
White Gables and Kenridge are adjacent new residential developments located on Route 250 West, across from the Birdwood
Golf Course. Both developments are required by conditions of their respective Special Use Permits to build a private road
connection to their mutual property line, thus creating a connector road between the two developments that would allow shared
use of access points to Route 250. Both developments are in the process of developing this connector road.
STRATEGIC PLAN:
Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs.
DISCUSSION:
A Special Use Permit condition for the White Gables development states, in part, that:
Should a consolidated entrance be located at a point west of the White Gables property in the future, an access easement shall
be provided on the property for traffic from the National Legal Research Group property (Tax Map 60, Parcel 25) across the
White Gables property, and this access shall be reserved on the final subdivision plat/site plan... In the event that such
consolidated entrance is provided, either the Virainia Department of Transportation r"VDOT") or the Countv's Director of
Enoineerino mav reouire the applicant to close the existino entrance shown on the Conceptual Plan. convert it to a rioht in/rioht
out onlv entrance/exit. or reouire that other modifications be made to the entrance.
The entrance to the Kenridge development (to the west of White Gables) is now under construction and will function as the
consolidated entrance for the two developments. As noted in the above condition, the acting County Engineer, Mark Graham,
or VDOT may determine the disposition of the existing White Gables entrance. The County Engineer is recommending that the
existing White Gables entrance be converted to a right-in/right-out only entrance/exit. The Route 250 West Task has indicated
its supported for this design, as well. Staff believes a right-in/right-out only access at White Gables will help with the traffic flow
in this area along Route 250 West. Because this modification will impact a state maintained road, VDOT must approve the
design concept. The attached resolution requests that VDOT support and implement this conversion of the existing White
Gables entrance.
BUDGET IMPACT:
The applicant will be responsible for all cost associated with the entrance modification.
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors adopt the resolution found on Attachment A, requesting that VODT approve
an entrance permit for a right-in/right-out only entrance and exit for the existing entrance to the White Gables development.
ATTACHMENTS
Attachment A - Resolution
Attachment B - Location Map
07.002
Attachment A
RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT UF
TRANSPORTATION APPROVE AN ENTRANCE PERMIT FOR A RIGHT-IN/RIGHT-
OUT ONLY ENTRANCE AND EXIT DESIGN FOR THE EXISTING ENTRANCE TO
THE WHITE GABLES DEVELOPMENT
WHEREAS, the White Gables development (Tax Map 60, Parcels 26 and 27 A) is
located on Route 250 West and it has an existing entrance (hereinafter, the "Existing Entrance")
that preceded the approval of the White Gables development; and
WHEREAS, one of the conditions of approval of the special use permit for the White
Gables development provides that if a consolidated entrance is established that will provide an
entrance from Route 250 West to both the White Gables development and the development to the
west (now known as the Kenridge development), either the Virginia Department of
Transportation or the County Engineer could require the White Gables developer to close the
Existing Entrance, convert it to a right-in/right-out only entrance and exit, or require that other
modifications be made to the Existing Entrance; and
WHEREAS, a consolidated entrance as described herein has been constructed in
conjunction with the Kenridge development; and
WHEREAS, the County Engineer recommends that the Existing Entrance be converted
to a right-in/right-out only entrance and exit.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the
Virginia Department of Transportation approve an entrance permit for a right-in/right-out only
entrance and exit design for the Existing Entrance to the White Gables development.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of _ to _,
as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
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COUNTY OF ALBEMARLE
APPROPRIA nON
APP#
DATE
BATCH#
2007051
EXPLANATION:
North Pointe Proffer
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 8538 18938 189924 North Pointe Proffer Revenue J 2 300,000.00
1 8538 92010 580312 Proffer Refund J 1 300,000.00
8538 0501 Est. Revenue 300,000.00
0701 Appropriation 300,000.00
TOTAL 600,000.00 300,000.00 300,000.00
PREPARED BY:
BD, OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
Ella W. Carey
DATE:
DATE:
DATE:
DATE:
1/8/2007
1/10/2007
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2007051
EXPLANATION:
North Pointe Proffer
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 8538 18938 189924 North Pointe Proffer Revenue J 2 300,000.00
1 8538 92010 580312 Proffer Refund J 1 300.000.00
8538 0501 Est. Revenue 300,000.00
0701 ADproDriation 300.000.00
TOTAL 600,000.00 300.000.00 300,000.00
PREPARED BY:
BD, OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Melvin Breeden
DATE:
DATE:
DATE:
DATE:
1/812007
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Foundation Refund Request
AGENDA DATE:
January 10, 2007
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Refund of Affordable Housing Grant
CONSENT AGENDA:
ACTION: X INFORMATION:
STAFF CONTACT(S):
Tucker, Davis, Wiggans, Breeden
ATTACHMENTS: Yes
REVIEWED BY:
~~
t
LEGAL REVIEW: Yes
BACKGROUND:
The owners of the North Pointe Development proffered that they would cause $300,000 to be contributed to the County for
the Albemarle Housing Initiative Fund within sixty days after the date of the approval of the rezoning to be used to promote
affordable housing. At the request of Mr. Rotgin, in October of 2006 the Charlottesville Area Community Foundation
(hereafter UCACFU) provided a $300,000 grant to the County for this purpose. (See Attachment A) The intent of the grant to
be the means to satisfy the proffer was verified by the County and the grant was accepted to satisfy the North Pointe proffer.
(See Attachment B) On December 22, 2006 Mr. Rotgin forwarded another check to the County in the amount of $300,000
with a request that the North Pointe affordable housing proffer be funded by this new check and requested that the $300,000
grant previously accepted to satisfy the proffer be returned to the CACF. (See Attachment C) On January 4, 2007, a
request was made by CACF that the grant be returned to it based on the understanding that North Pointe had made a similar
contribution to be used for affordable housing in lieu of the CACF grant. (See Attachment D)
DISCUSSION:
The CACF has requested that its $300,000 grant to the County be returned to it because the North Pointe owners have
provided alternative funds to satisfy the North Pointe proffer for affordable housing. The County auditors have advised that
the proper procedure to return the funds to CACF is for the Board of Supervisors to authorize the refund and appropriate the
funds for that purpose. The North Pointe affordable housing proffer has now been satisfied independent of the CACF grant
by receipt of the $300,000 from the owners of the North Pointe Development.
BUDGET IMPACT:
The refund of the CACF grant will have no budget impact because the funds have been replaced by the owners of the
North Pointe Development to satisfy the North Pointe proffer.
RECOMMENDATIONS:
Staff recommends that the Board appropriate and authorize the return of $300,000 to CACF previously received by the
County from CACF as a grant for the purpose of providing affordable housing in satisfaction of the North Pointe proffer.
ATTACHMENTS:
A - October 13, 2006 Letter from John Redick/CACF
B - November 22, 2006 Letter from Valerie LongWilliams Mullen
C - December 22, 2006 Letter from Charles Rotgin/Great Eastern Management Company
D - December 26, 2006 Letter from John Redick/CACF
07.005
Attachment A
. Charlottesville Area
COMMUNITY
FOUNDATION
RECEIVED
OCT 1 9 2006
There's no end to what we can do together.
County of Albemarle
County Executive's Office
October 13,2006
Robert W. Tucker, Jr., County Executive
County of Albemarle
410 McIntire Road
Charlottesville, V A 22902
Dear Bob:
On behalf ofthe Charlottesville Area Community Foundation's Anonymous Fund #3, I
am pleased to enclose herewith a check in the amount of $300,000.00 made payable to the
County of Albemarle for specific allocation to the Albemarle Housing Initiative Fund.
The proceeds from this grant are to be used by the Housing Initiative Fund for the
purpose of funding affordable home ownership loan programs within the County. This would
include those programs provided by non-profit housing agencies such as the Piedmont Housing
Alliance, Habitat for Humanity and the Albemarle Housing Improvement Program. Special
consideration should be given to affordable housing opportunities within the northern Route 29
Corridor Growth Areas of the County.
The Foundation requests that this grant be fully expended within five (5) years from its
receipt, and that any unexpended funds at the end of such period be returned to the Foundation.
We request an annual written report on the use of these funds and the work of the Albemarle
Housing Initiative Fund. Upon completion of this grant commitment we would also welcome a
final report.
Attached is a draft press release that we intend to provide to the media on October 16.
Please let me know if you have any suggested changes to the release.
Please sign and return a copy of this letter in the enclosed envelope.
We trust that this Foundation grant will be put to good use by the County and that it may
serve to encourage others to make similar grants and contributions. Should you have any
questions, please feel free to call me.
Sincerely,
~ediCk
President
Enclosure
cc: Charles Wm. Hurt, M.D.
Charles Rotgin, Jr.
Ronnie L. White
114 4th Street, SE P.O. Box 1767 Charlottesville, VA 22902 434 296 1024 fax 434 296 2503 cacf@cadonline.org www.cadonline.org
For Immediate Release
.
Charlottesville Area
COMMUNITY
FOUNDATION
To:
From:
Date:
Contact:
Local Media
Charlottesville Area Community Foundation
October 16,2006
Kevin O'Halloran, 296-1024
Anonvmous Donor Gives $300.000 to Albemarle County Housint! Inititative
throut!h Charlotesville Area Community Foundation
The Charlottesville Area Community Foundation (CACF) announced today that an
anonymous donor made a gift of $300,000 to Albemarle County Housing Initiative Fund
through his donor advised fund in the Foundation.
The proceeds from this grant are to be used by the Housing Initiative Fund over the next
five years for the purpose of funding affordable home ownership loan programs within
the County. This would include those programs provided by non-profit housing agencies
such as the Piedmont Housing Alliance, Habitat for Humanity and the Albemarle
Housing Improvement Program. Special consideration will be given to affordable
housing opportunities within the northern Route 29 Corridor Growth Areas of the
County.
The Community Foundation has long acknowledged that affordable housing is one of the
principal issues affecting our area. The Foundation is very is pleased that one of its
constituent funds has chosen to make a significant gift to address this problem.
#
#
#
The Charlottesville Area Community Foundation is a permanent endowment dedicated
improving the quality of life in Charlottesville and the Counties of Albemarle, Greene,
Orange, Louisa, Fluvanna, Buckingham, and Nelson. With assets of $43 million at
present, CACF makes grants of more than $3 million annually through its Community
Endowment and its many donor-advised funds. Since its inception in 1967, the
Community Foundation has made grants of more than $17 million to hundreds of
nonprofit agencies.
Attachment B
j
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il"
WI LLIAM S MULLEN
;-..
Direct Dial: 434.951.5709
vlong@williamsmullen.com
November 22, 2006
Larry W. Davis, Esq.
Albemarle County Attorney
401 McIntire Road
Room 325
Charlottesville, VA 22902
Re: North Pointe Affordable Housing Proffer Funds
Dear Larry:
In accordance with Section 8.2(h) of the North Pointe Proffer Statement dated July 20,
2006, and on behalf of the Owner (as defined therein), the Owner has caused the Charlottesville
Area Community Foundation (the "CACF") to make a $300,000 contribution to the County of
Albemarle for the Albemarle Housing Initiative Fund, and requests that the County accept check
# 2726 dated October 17, 2006, in the amount of $300,000 delivered to the County with a letter
from John R. Redick to Robert W. Tucker, Jr. dated October 13,2006, to satisfy the Section 8.2
(h) proffer.
I have reviewed the October 13,2006 letter from John Redick of the CACF and the press
release attached thereto, and note the inconsistency you picked up on between the reference in
the letter to the funds being a grant, and the reference in the press release that the funds are a gift.
However, I also note that a subsequent paragraph of the press release refers to the funds as a
grant, which is the correct status. It appears that the press release inconsistently referred to the
funds in that one paragraph as a gift, but the cover letter from Mr. Redick, which is controlling
over the press release, correctly references the funds as being a grant.
I am copying Mr. Redick on this letter. He is aware that the advisors of Anonymous Fund
#3 requested that the $300,000 grant be made to Albemarle County for the Albemarle Housing
Initiative Fund, as anticipated in Section 8.2(h).
Although we agree that it is unlikely that the money will not be expended within the five
year period, in such unlikely event. any unused funds should be refunded to the CACF, as stated
in Mr. Redick's cover letter.
A Prof(Sjiondl Corporation
VIRGINIA. WASHINGTON, D.C. . LONDON
321 Ea.sr Main St" Suire 400 Charlottesville, VA 22902-3200 Tel: 434.951.5700 Fax: 804.783.6'507 or 434.817.0977
www.williamsmullen.com
~
WILLIAMS MULLEN
November 22,2006
Page 2
I appreciate your assistance with this matter. Should you have any further questions
about the funds, or any other aspect of the North Pointe rezoning, please do not hesitate to
contact me directly at 951-5709.
Sincerely,
J~ J \~)\
. \j ~C(
Valene W. Long
cc: Charles M. Rotgin, Jr., Great Eastern Management Company
John R. Redick, Charlottesville Area Community Foundation
1358628vl
Attachment C
GREAT EASTERN MANAGEMENT COMPANY
DEVELOPMENT . CONSTRUCTION . h\JM'KE . MANAGEMENT
(via Hand Delivery)
December 22, 2006
Mr. Robert W. Tucker, Jr.
County Executive
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
Re: North Pointe Affordable Housing Proffer
Dear Bob:
As I have recently indicated, subsequent to the August 2, 2006 Board of Supervisors approval
of our North Pointe rezoning, which included a cash "affordable" housing proffer, Congress
passed and the President signed the Pension Protection Act of 2006.
Prior to my initial conversation with you, Lucius Bracey and John Redick had just called my
attention to provisions in the Act that speak to "Donor Advised Funds", which they thought
could possibly raise a concern as to the $300,000 contribution we directed the Charlottesville
Area Community Foundation make to the Albemarle Housing Initiative Fund.
Although I, personally, am not yet convinced that there is full cause for concern regarding
that contribution, I have not had the opportunity to fully review the applicable provisions of
the Act and, in any event, as a long-time board member of the Foundation, I want to err on
the part of caution. Accordingly, I have asked John to write you requesting that the
Foundation's contribution accompanying his October 17,2007 letter be returned and credited
to my Donor Advised Fund. As a replacement, and as we discussed, I have included
herewith a North Pointe Charlottesville, LLC check in the amount of$300,000.
The replacement check is being tendered in satisfaction of North Pointe Charlottesville's
"affordable" housing proffer described in Section 8.2(h) of the North Pointe Proffer
Statement dated July 20, 2006. North Pointe Charlottesville hereby requests that the County
of Albemarle accept the check in satisfaction of this proffer and use the proceeds thereof as
set forth in Section 8.2(h).
If either you or Larry Davis have any questions, please feel free to call Lucius direct at 977-
2500 (xIS). Lucius represents the Foundation. I apologize for any inconvenience this
unwinding may cause the County, but the wording of the North Pointe affordable housing
proffer had been in the Proffer Statement drafts for a long time. It was intended by us in
good faith, in part to raise the community's awareness of the Albemarle Housing Initiative
Fund, and without knowledge of the pending legislation. If the County incurs any expense in
the unwinding, we will be happy to reimburse those costs. s.
cc: Lucius H. Bracey, Jr., Esq. (via email: Ibracev0Jmcguirewoods.com)
John R. Redick, President (via email: redick(a)cacfonline.org)
G: \DOCS\WP\N orthPoin te\Rezoning\Pro tTersS UPCondi tionslA1TordJb leHousing\ TuckerCACF. 12 .22.06.doc
P.O. Box 5526 . CHARLOTTESVILLE, VIRGINIA 22905-5526
. GENERAL OFFICE (434) 296-4141 . PROPERTY MANAGE\.1ENT (.+34) 296-4109 . F.".CS''''"LE (434) 293-5197 .
Attachment D
. Charlottesville Area
· COMMUNITY
FOUNDATION
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There's no end to what we can do together.
County ,::;f Aibemarie
Count:! =~s,,~u.Lh/e'a Cf1rG~::
December 26, 2006
Mr. Robert W. Tucker, Jr.
County Executive
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Bob:
At the request of the advisor of the Foundation's Anonymous Fund #3 we
respectfully request that Albemarle County return to the Charlottesville Area Community
Foundation the $300,000 grant to the Albemarle Housing Initiative Fund that
accompanied my October 13, 2006 letter to you. It is my understanding that this funding
has been replaced by a similar contribution from North Pointe Charlottesville, LLC.
Should you have any questions please contact me. Thank you for your assistance
and best wishes for the New Year.
Sincerely,
~ Redick
President
l'44th Street, SE P.O. Box' 767 Charlottesville, VA 22902 434296 1024 fax 434 296 2503 cacf@cadonline.org www.cadonline.org
. Charlottesville Area
COMMUNITY
FOUNDATION
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December 26, 2006
Mr. Robert W. Tucker, Jr.
County Executive
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Bob:
At the request ofthe advisor ofthe Foundation's Anonymous Fund #3 we
respectfully request that Albemarle County return to the Charlottesville Area Community
Foundation the $300,000 grant to the Albemarle Housing Initiative Fund that
accompanied my October 13, 2006 letter to you. It is my understanding that this funding
has been replaced by a similar contribution from North Pointe Charlottesville, LLC.
Should you have any questions please contact me. Thank you for your assistance
and best wishes for the New Year.
Sincerely,
& Redick
President
114 4th Street, SE P.O. Box 1767 Charlottesville, VA 22902 434 296 1024 fax 434 296 2503 cacf@cadonline.org www.cadonline.org
RESOLUTION
WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational center
for visitors of all ages commemorating the Lewis and Clark Expedition; and
WHEREAS, the County of Albemar1e and the City of Char10ttesville have demonstrated their
support of LCEC's mission by granting a long-tenn lease of land in Darden Towe Park, participation by
the City Parks and Recreation Department in the boatbuilding program for youths, donation of office
space by Albemar1e County, and participation by area schools in LCEC programs; and
WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds from
the Virginia Department of Transportation which, when combined with other grant funds, will be used to
construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails, and create a
ferry boat crossing to allow pedestrian passage across the Rivanna River to the greenbelt trails in Pen
Park; and
WHEREAS, the Board of Supervisors strongly supports the educational mission of the Lewis and
Clark Exploratory Center, and values the LCEC as an important community resource; and
WHEREAS, the Board of Supervisors strongly supports the grant application made by the Lewis
and Clark Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement Funds from the
Virginia Department of Transportation; and
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be received from the Board of Supervisors before
the Virginia Department of Transportation can program a transportation enhancement project in the
County of Albemar1e.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemar1e County,
Virginia, hereby requests that the Commonwealth Transportation Board establish a project for the Lewis
and Clark Exploratory Center.
BE IT FURTHER RESOLVED, that the County hereby agrees to a pay a minimum of 20 percent
of the total cost for planning and design, right of way, and construction of this project, and that, if the
County subsequently elects to cancel this project, the County hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of costs expended by the Department through the date
the Department is notified of such cancellation.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Board of Supervisors of Albe r1e County by a vote of six to zero, as
recorded below, at a meeting held on Januarv 10. 2007.
(/~
Mr. Boyd
Mr. Donier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Ave Nav
y.
y.
y.
y.
y.
y.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Lewis and Clark Enhancement Program Grant
Application
AGENDA DATE:
January 10, 2007
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Resolution to Support Application
CONSENT AGENDA:
ACTION: X INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis
ATTACHMENTS: Yes
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
On January 3,2007, the Board of Supervisors was asked to adopt a Resolution to support the application by the Lewis and
Clark Exploratory Center for a grant from the Virginia Department of Transportation Enhancement Program. (See
Attachment A) The Board deferred action and requested that the County Attorney determine if the use of funds that might be
obtained by a grant from this program might jeopardize future road construction projects that might require displacement of
improvements funded by the grant.
STRATEGIC PLAN:
Goal 1: Enhance the quality of life for all Albemarle County residents.
Goal 2: Protect the County's natural resources.
Goal 3: Develop policies and infrastructure improvements to address the County's growing needs.
DISCUSSION:
The County Attorney has determined that the application for the VDOT Enhancement Program by the Lewis and Clark
Exploratory Center requires the County to be responsible for accepting the grant from VDOT. In addition, the County must
assure VDOT that a 20 percent match will be paid, that the project will meet all VDOT requirements, and that the County will
reimburse VDOT for any costs expended by VDOT if the project is not completed. A resolution adopted by the Board
providing these assurances must be received by VDOT prior to VDOT being able to consider approval of the Enhancement
Program application. If the application is approved, VDOT will require that the County enter into an agreement with VDOT
making these assurances legally binding. The County could require in a separate agreement with the Lewis and Clark
Exploratory Center that it assume all of the County responsibilities under the Enhancement Grant and hold the County
harmless from any liabilities created by the County's acceptance of the Enhancement Program grant.
Acceptance and use of the Enhancement Program grant for the Lewis and Clark Exploratory Center does not prohibit a future
Board or VDOT from approving a highway project that would displace improvements funded by this grant. However, the
County would be required to reimburse the VDOT Enhancement Program for the cost of any funded improvements that are
displaced. The amount of money that the County would be required to repay would depend on the value of the improvements
at the time the improvements are displaced. If the original improvements have depreciated in value by the time of the
displacement, the amount required to be repaid may be reduced. It is possible that the County could require the Lewis and
Clark Exploratory Center to be responsible for reimbursing the County for such a repayment but it will be difficult to assure
that the Lewis and Clark Exploratory Center will have the future financial ability to do so.
Because the Lewis and Clark Exploratory Center is located on existing park land, under existing federal law any use of that
property for a future highway funded by federal highway funds will require a Section 4(f) compliance review. The Section 4(f)
compliance requires the preservation of public park and recreation lands, wildlife and waterfowl refuges, and historic sites
unless it is proven that there is no prudent and feasible alternative to using that land, and the project includes all possible
planning to minimize any harm to those uses of the land. The determination of Section 4(f) compliance is made by VDOT in
consultation with the Federal Highway Agency during the environmental review required for a future highway project. Under
existing law, the location of a highway project through the Darden Towe Park may be difficult with or without additional
improvements to the Lewis and Clark Exploratory Center.
The County Attorney has prepared a revised Resolution for the Board's consideration. (Attachment B) This Resolution
indicates the Board's support for the Enhancement Program application and provides the necessary County assurances,
discussed above, that are required by VDOT. The VDOT deadline for receiving this Resolution for consideration in the
current application cycle is January 11th.
BUDGET IMPACT:
Assuming that the County requires the Lewis and Clark Exploratory Center to enter into an agreement with the County to be
responsible for all the obligations and costs created by the Enhancement Program grant, the only budget impact would be the
costs of the County Attorney's Office and other staff in creating and administering the County agreement with VDOT to
accept the grant, if awarded, and the cost of creating and administering the pass-through agreement between the County and
the Lewis and Clark Exploratory Center. There is a risk that the County could be responsible for repaying all or part of the
$300,000 grant if the improvements funded by the grant are displaced by a future project.
RECOMMENDATIONS:
If the Board supports the application for the VDOT Enhancement Program grant requested by the Lewis and Clark
Exploratory Center, staff recommends adopting the attached Resolution. (Attachment B)
ATTACHMENTS:
A - Memorandum and Resolution presented to the Board on January 3, 2007
B - Revised Resolution for consideration by the Board
Attachment A
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
Members of the Board of Supervisors
FROM:
Ella Washington-Carey, CMC, Clerk
DATE:
December 27, 2006
RE:
Lewis and Clark Enhancement Grant Application
A request has been made to the Board of Supervisors for a resolution of support for an application
to VDOT for $300,000 in Transportation Enhancement Funds.
The Lewis and Clark Exploratory Center (LCEC) of Virginia will be an educational center for visitors
of all ages and will commemorate the Lewis and Clark Expedition, the first major transportation
project undertaken by the young United States, as President Jefferson sought to find the Northwest
Passage. An important element of the project will be a ferry crossing that will link pedestrians at the
LCEC and Darden Towe Park with the Rivanna Trails system across the river in Pen Park. The
Visitor's Center will serve as the trailhead facility.
The Rivanna River Ferry will provide a link from one side of the Rivanna River to the other, allowing
pedestrian crossing from the Darden Towe Park and the LCEC trails and facilities to the Rivanna
Trails system and the Pen Park facilities. The Visitors' Center will offer interpretation of Jefferson's
inspiration for the transcontinental journey and will enrich visitors' experience of Albemarle County.
The new trails system, funded in part by the National Park Service, will enhance and expand existing
trails.
The community has provided significant financial and volunteer support for the project. Support has
come from individual donors, as well as businesses and foundations. The land, 18 acres of woods
and fields adjacent to Darden Towe Park, has been secured by a 40-year lease from the County of
Albemarle and City of Charlottesville for $10 a year. The LCEC have secured $372,000 in funding
for Phase I, the Visitor's Center, trails, and the Rivanna River Ferry, as well as for the access road
and the parking lot.
There is no budget impact to the County or City. Matching dollars are being provided by the LCEC.
At its meeting on December 18, 2006 the Charlottesville City Council adopted a resolution
supporting the grant application.
It is recommended that the Board adopt the attached resolution supporting the LCEC's grant
application.
/ewc
Attachment A
RESOLUTION
WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational
center for visitors of all ages commemorating the Lewis and Clark Expedition; and
WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated their
support of LCEC's mission by granting a long-term lease of land in Darden Towe Park, participation
by the City Parks and Recreation Department in the boatbuilding program for youths, donation of
office space by Albemarle County, and participation by area schools in LCEC programs; and
WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds
from the Virginia Department of Transportation which, when combined with other grant funds, will be
used to construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails,
and create a ferry boat crossing to allow pedestrian passage across the Rivanna River to the
greenbelt trails in Pen Park; and
WHEREAS, the Board of Supervisors strongly supports the educational mission of the Lewis
and Clark Exploratory Center, and values the LCEC as an important community resource;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia, strongly supports the grant application made by the Lewis and Clark Exploratory Center of
Virginia for $300,000.00 in Transportation Enhancement Funds from the Virginia Department of
Transportation.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of to
, as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Attachment B
RESOLUTION
WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational
center for visitors of all ages commemorating the Lewis and Clark Expedition; and
WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated their
support of LCEC's mission by granting a long-term lease of land in Darden Towe Park, participation
by the City Parks and Recreation Department in the boatbuilding program for youths, donation of
office space by Albemarle County, and participation by area schools in LCEC programs; and
WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement Funds
from the Virginia Department of Transportation which, when combined with other grant funds, will be
used to construct a 2,500 square foot visitor's center, develop a system of interpretive hiking trails,
and create a ferry boat crossing to allow pedestrian passage across the Rivanna River to the
greenbelt trails in Pen Park; and
WHEREAS, the Board of Supervisors strongly supports the educational mission of the Lewis
and Clark Exploratory Center, and values the LCEC as an important community resource; and
WHEREAS, the Board of Supervisors strongly supports the grant application made by the
Lewis and Clark Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement
Funds from the Virginia Department of Transportation; and
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation
procedures, it is necessary that a request by resolution be received from the Board of Supervisors
before the Virginia Department of Transportation can program a transportation enhancement project
in the County of Albemarle.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County,
Virginia, hereby requests that the Commonwealth Transportation Board establish a project for the
Lewis and Clark Exploratory Center.
BE IT FURTHER RESOLVED, that the County hereby agrees to a pay a minimum of 20
percent of the total cost for planning and design, right of way, and construction of this project, and
that, if the County subsequently elects to cancel this project, the County hereby agrees to reimburse
the Virginia Department of Transportation for the total amount of costs expended by the Department
through the date the Department is notified of such cancellation.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of to
, as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Ave Nav
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Mina Barberis, Deputy City Clerk
City of Virginia Beach
Dear Mina;
Thank you for contacting me regarding your Individual Personal Develop Plan
(I POP). As you may be aware, there is no appeal to the IPDP process.
However, after a comprehensive review of this matter I have found that the IPDP
reviewers, in good faith, provided you with the opportunity to rewrite and resubmit your
IPDP, assuming that you wanted to produce a quality finished work product and be
granted full credit for your efforts.
The decision was based on multiple reviews of your IPDP document. As you are
aware, the final reviewer was a high level International Institute of Municipal Clerks
(IIMC) association officer and a former President of the VA Municipal Clerks Association
(VMCA).
As a VMCA Education and Professional Development Committee member, you know
that the organization has established a quality educational program and the International
organization has been working hard to achieve global quality and high standards.
We must insist on consistent quality standards for students in order to comply with
the standards set forth by the International Institute of Municipal Clerks (IMCA)
Therefore, we are eager for you to revise your submission and are confident that you
can achieve a quality product.
Sincerely,
Ella Washington-Carey, President
VA Municipal Clerks Association
c: Edna Keys-Chavis, Chair
VMCA - Education and Professional
Development Committee
RESOLUTION
WHEREAS, the Lewis and Clark Exploratory Center of Virginia (LCEC) is an educational
center for visitors of all ages commemorating the Lewis and Clark Expedition; and
WHEREAS, the County of Albemarle and the City of Charlottesville have demonstrated
their support of LCEC's mission by granting a long-term lease of land in Darden Towe Park,
participation by the City Parks and Recreation Department in the boatbuilding program for
youths, donation of office space by Albemarle County, and participation by area schools in
LCEC programs; and
WHEREAS, the LCEC has applied for $300,000.00 in Transportation Enhancement
Funds from the Virginia Department of Transportation which, when combined with other grant
funds, will be used to construct a 2,500 square foot visitor's center, develop a system of
interpretive hiking trails, and create a ferry boat crossing to allow pedestrian passage across the
Rivanna River to the greenbelt trails in Pen Park; and
WHEREAS, the Board of Supervisors strongly supports the educational mission of the
Lewis and Clark Exploratory Center, and values the LCEC as an important community resource;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, strongly supports the grant application made by the Lewis and Clark
Exploratory Center of Virginia for $300,000.00 in Transportation Enhancement Funds from the
Virginia Department of Transportation.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct copy of
a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of
to , as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Ave Nav
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
COUNTY OF ALBEMARLE
Department of Community Development
401 Mcintire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
December 29,2006
Fax (434) 972-4126
Tom Gale
Roudabush, Gale & Assoc., Inc
914 Monticello Road
Charlottesville, VA 22902
RE: OFFICIAL DETERMINATION OF PARCELS AND DEVELOPMENT RIGHTS--
Tax Map 70, Parcels 37E, 37F & 37N- Whitehall Magisterial District (The Property
of Murray Investment Group LLC, - Highland Ridge Farm Series) Section 10.3.1
Dear Mr. Gale:
The County Attorney and I have reviewed the title information for the above-noted
property. It is the County Attorney's advisory opinion and my official determination that
the subject parcels have been allocated a total of fourteen (14) theoretical development
rights as follows. The areas associated with these development rights are shown on
Attachment A.
Tax Map 70, Parcel 37E contains a separate 1.5-acre parcel that is identified as
"a" on Attachment A. The balance of Parcel 37E contains a portion of the 106.2-
acre tract identified as "b" on Attachment A and a portion of the 188.44-acre tract
identified as "C" on Attachment A. All of these tracts are shown on the plat in
Deed Book 646, page 752.
The 1.5-acre portion of Parcel 37E contains one (1) theoretical development
rig ht.
The portion of Parcel 37N that was part of the original 96.75-acre parcel,
identified as lid" on Attachment A contains four (4) Development rights
The portion of Parcel 37N identified as "e" and the portion of Parcel 37E
identified as lib" that were each part of the original 1 06.2-acre parcel contain a
total of five (5) theoretical development rights. It is necessary to allocate these 5
development rights between "e" and "b" on a plat in order to utilize them.
The residue of Parcel 37F identified as "f' on Attachment C and the portion of
Parcel 37E identified as "c" that were each part of the original 188.44-acre parcel
contain a total of four (4) theoretical development rights. It is necessary to
allocate these 4 development rights between "f' and "c" on a plat in order to
utilize them.
1:\DEPT\BCZS\Determin of Parcel\2006\70-37E, 37F & 37N Murray LOD- 2006-31.doc
Tom Gale
December 29,2006
Page 2
Our records indicate Tax Map 70, Parcel 37E contains 39.120 acres and zero dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3184, page 150.
Our records indicate Tax Map 70, Parcel 37F contains 109.426 acres and 1 dwelling.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3184, page 150.
Our records indicate Tax Map 70, Parcel 37N contains 57.061 acres and zero dwellings.
The property is not in an Agricultural and Forestal District. The most recent recorded
instrument for this property is recorded in Deed Book 3184, page 150.
The most recent instrument for these properties recorded prior to the adoption of the
Zoning Ordinance, December 10, 1980, is recorded in Deed Book 646, page 750 and is
dated May 12, 1978. This deed conveyed 392.85 acres from Edward C. Mears and
Patricia C. Mears to Daniel E. Ford. The property is described on a composite plat of
four tracts by William S. Roudabush, Inc, dated May 16, 1978. The plat shows TM. 70-
34, containing 96.75 acres, T.M. 70-35, containing 106.2 acres, TM. 70-35A, containing
1.5 acres and a portion of TM. 70-37, containing 188.44 acres. Route 637 physically
divides Parcels 35 and 37. However, the plat does not in any way describe Parcels 35
or 37 as being legally divided into separate parcels by Route 637. While the road serves
to physically divide the parcels it does not serve to legally divide the parcels. On the
basis of this deed Tax Map 70, Parcels 34, 35, 35A and 37 are determined to be
parcels of record on December 10, 1980. Parcels 34, 35 and the portion of 37 each
had five (5) development rights on that date. Parcel 35A is determined to be a
parcel of record with one (1) development right. These parcels are shown on
Attachment B.
Deed Book 712, page 651, dated February 11, 1981, conveyed 3 tracts from Daniel E.
Ford to Builder Marts of America, Inc. The tracts are shown on a plat by William S.
Roudabush, dated February 12, 1981 and described, in part, below. The plat did not
allocate development rights as required by the zoning ordinance in effect at that time.
Tract A: All that certain 39.12-acre tract located on the north side of Route 637,
being a portion of the property conveyed by the deed recorded in Deed Book
646, page 750. The plat notes that Parcel A is composed of Parcel 35A and
portions of Parcels 35 and 37 on Tax Map 70. Parcel A is depicted as a single
parcel comprised of three parts connected by hooks. On the basis of this deed
it is determined that the 1.5-acre lot maintains its status as a separate
parcel of record with one development right. It is further determined that
this plat served to subdivide Parcel 37E from Parcels 35 and 37. Parcel 37E
is not a separate parcel of record simply because it is separated from
Parcels 35 and 37 by Route 637. Consequently, any development rights
allocated to this parcel must be derived from the original parent parcels of
record established by the deed of record in Deed Book 646, page 750.
1:\DEPT\BCZSIDetermin of Parcel\2006\70-37E. 37F & 37N Murray LOD- 2006-31.doc
Tom Gale
December 29,2006
Page 3
Tract B: All that certain157.53-acre tract ("f' on Attachment A) located on the
south side of Route 637, being a portion of the 188.44-acre tract conveyed in
Deed Book 646, page 750 that is located on the south side of Route 637. On the
basis of this deed the 157.53-acre tract plus a portion of Parcel 37E ("c" on
Attachment A), together comprising the original 188.44-acre parcel of
record, contain five (5) development rights.
Tract C: : All that certain 191.28-acre tract located on the south side of Route
637, comprised of the 96.75-acre tract and the portion of the 1 06.2-acre tract
located south of Route 637. The plat combined these two tracts with a "hook" but
did not eliminate the development rights of the respective parent parcels. On the
basis of this deed the original 96.75-acre portion of Tract C retains five (5)
development rights. The portion of Tract C tract plus a portion of Parcel
37E, together comprising the originaI106.2-acre parcel of record contain a
total of five (5) development rights.
Tract D: All that certain 1 09.93-acre tract located on the south side of Route 637
and on the east side of Route 691 and described on the plat as being a portion of
Parcel 37. This property is not a subject of this determination.
Deed Book 712, page 656, dated February 27,1981, conveyed 3 tracts from Builder
Marts of America, Inc. to James C. Murray, II. The tracts are described as being the
same that were conveyed by the deed dated February 11, 1981, recorded
contemporaneously herewith. This transaction had no effect on the development
rights of the parcels.
Deed Book 833, page 271, dated March 25, 1985, conveyed Parcel"P" and "Y" from
Daniel E. Ford to James C. Murray, II. The tracts are shown on a plat by William S.
Roudabush, dated February 12, 1981 and described, in part, as follows:
Parcel "P": All that certain parcel containing 21.00 acres shown on a plat by
Roudabush, Greene & Gale, Inc., dated March 5, 1985. Parcel P is comprised of
portions of Parcel 34 and Parcel 35 as shown on the plat of record in Deed Book
646, page 752. Parcel P was added to the 157.53-acre residue shown as Tract B
on the plat of record in Deed Book 712, page 651. No development rights were
transferred to Parcel P.
Parcel "Y": All that certain parcel containing 40.00 acres shown on a plat by
Roudabush, Greene & Gale, Inc., dated November 12,1984. Parcel Y is a
portion of 34 as shown on the plat of record in Deed Book 646, page 752. It is
now designated as Parcel 37G on Tax Map 70. No development rights were
transferred to Parcel Y.
This plat also showed Parcel Q, containing 49 acres. Parcels P and Q are added
to ParcellB" containing 157.53 acres, designated as Parcel 37F and described
by reference to the plat recorded in Deed Book 712, page 654. The plat notes
1:\DEPT\BCZS\Determin of Parcel\2006\70-37E, 37F & 37N Murray LOD- 2006-31.doc
Tom Gale
December 29, 2006
Page 4
that the residue of Parcel C, now a portion of Parcel 37N, contained 81.28
acres and that no development rights are being transferred from it.
Deed Book 833, page 276, dated March 25, 1985, conveyed Parcel "Q" from Daniel E.
Ford to Cornelia Snoey, Trustee of the Cornelia Snoey Trust. The tract is shown on the
plat by Roudabush, Greene & Gale, Inc., dated March 5, 1985 that is described above.
This transaction had no effect on the development rights of the parcel.
Deed Book 833, page 283, dated March 25, 1985, conveyed Parcel "Q" from Cornelia
Snoey, Trustee of the Cornelia Snoey Trust to James C. Murray, II. The tract is shown
on the plat by Roudabush, Greene & Gale, Inc., dated March 5, 1985 that is described
above. This transaction had no effect on the development rights of the parcel.
Deed Book 833, page 287, dated March 25, 1985, conveyed 10 acres from James C.
Murray, II and Dorsey D. Murray to Cornelia Snoey, Trustee of the Cornelia Snoey
Trust. The property is designated as Parcel "X" on a plat by Roudabush, Greene &
Gale, Inc., dated November 9,1984. The plat describes this as a division of Parcel 37F
on Tax Map 70 shown on plat in Deed Book 712, page 654. The 10-acre tract is
identified as Parcel 37H on Tax Map 70. The plat notes that the residue contains 147.53
acres and retains four development rights. As a result of this transaction the 147.53-
acre residue ("f") plus a portion of Parcel 37E ("c") contained 4 development
rights. These development rights are associated with the original 188.44-acre
parcel of record.
Deed Book 833, page 295, dated March 25, 1985, conveyed 40 acres from James C.
Murray, II and Dorsey D. Murray to Helen C. Aubrey. The property is designated as
Parcel "Y" on a plat by Roudabush, Greene & Gale, Inc., dated November 12,1984 that
is described above. This property is now designated as Parcel 37G on Tax Map 70.
This transaction had no effect on the development rights of the parcels.
Deed Book 863, page 126, dated December 10, 1985, conveyed 81.26 acres, as stated
I the deed, from Daniel E. Ford to James C. Murray, II. The parcel is shown on a plat by
Roudabush, Greene & Gale, Inc., dated December 2, 1985 and described as being the
residue of Parcel C shown at Deed Book 712, page 654. The plat notes that no
development rights have been affected and that the residue of Parcel C retains five
development rights. It is determined that this tract actually contained up to ten
development rights. Five are derived from the original Parcel 34 and five are
derived from the original Parcel 35.
Deed Book 1447, page 8, dated December 15, 1994, conveyed 21 acres from James C.
Murray, II to Lynn A. Wagner Revocable Trust. The parcel is described as Parcel Z on a
plat by Roudabush, Gale & Assoc., Inc., dated March 11, 1993 and revised December
1, 1994. The parcel is further described as being a portion of the property conveyed to
the Grantor by the deed of record in Deed Book 712, page 656 and corrected by the
deed of record in Deed Book 714, page 93. The plat notes that Parcel Z may not be
further divided and that Parcel 37F retains 4 development rights for lots not to exceed
31 acres. The 21-acre tract is identified as Parcel 37F1 on Tax Map 70. It is
1:\DEPT\BCZS\Determin of Parcel\2006\70-37E, 37F & 37N Murray LOD- 2006-31.doc
Tom Gale
December 29,2006
Page 5
determined that the note referring to the 31-acre rule is not applicable because
Parcel 37H was created prior to November 8,1989, the effective date of that
regulation. The four development rights are associated with the original 188.44-
acre parcel of record. This transaction had no effect on the development rights of
the parcels.
Deed Book 1487, page 432, dated May 4, 1995, conveyed 38.375 acres from James C.
Murray, II and Dorsey D. Murray to Tara E. Murray. The parcel is designated as Lot 2
on a plat by Roudabush, Gale & Assoc., Inc., dated October 20, 1992. The plat noted
that development rights were unaffected by this subdivision and that the residue of Tax
Map 70, Parcel 37F retains four development rights. The plat noted that the residue
contained 122.40 acres. This transaction had no effect on the development rights
of the parcels.
Deed Book 1487, page 439, dated May 4, 1995, conveyed 35.760 acres from James C.
Murray, II and Dorsey D. Murray to James C. Murray, III. The parcel is designated as
Lot 1 on a plat by Roudabush, Gale & Assoc., Inc., dated October 20, 1992. The plat
noted that development rights were unaffected by this subdivision and that the residue
of Tax Map 70, Parcel 37F retains four development rights. The plat noted that the
residue contained 122.40 acres. This transaction had no effect on the development
rights of the parcels.
Deed Book 1909, page 138, dated March 30, 2000, conveyed 26.032 acres from James
C. Murray, II to James C. Murray, II, Trustee and Dorsey S. Murray, Trustee. The parcel
is designated as Parcel X on a plat by Roudabush, Gale & Assoc., Inc., dated
September 20,1999. Parcel X is comprised of 13.007 acres from Parcel 37,0.716
acres from Parcel 37Fand 12.309 acres from Parcel 37F. A 0.056-acre portion of Parcel
37, designated as Parcel Y, was added to Parcel 37F. The plat noted that Parcel X may
not be further divided. After this transaction new Parcel 37 contained 68.197 acres and
new Parcel 37F contained 109.426 acres. Parcel X is identified as Parcel 37M on Tax
Map 70. This transaction had no effect on the development rights of the parcels.
Deed Book 2134, page 86, dated November 30, 2001, conveyed 11.136 acres from
James C. Murray, II to Tara E. Murray and Dorsey S. Murray. The parcel is designated
as Parcel Y on a plat by Roudabush, Gale & Assoc., Inc., dated June 22,2001. The plat
noted that Parcel Y may not be further divided. After this transaction new Parcel 37
contained 57.061 acres. Parcel Y is identified as Parcel 37 on Tax Map 70. The plat
notes that Parcel 37, the residue of original Parcels 34 and 35, also known as Parcel C
shall have four development rights. Parcel Y may not be further divided. The plat also
noted that the owner reserves the right to apply for a zoning determination to account
for the ten development rights in Parcel C shown at Deed Book 712, page 654. As a
result of this transaction the portion of Parcel 37N, identified as "d" on
Attachment A, derived from the original 96.75-acre parcel of record retained 4
development rights. The portion of Parcel 37N, identified as "e" on Attachment A,
plus the portion of Parcel 37E, identified as "b" on Attachment A, that are derived
from the originaI106.2-acre parcel of record retain 5 development rights.
1:\DEPT\BCZS\Determin of Parcel\2006\70-37E, 37F & 37N Murray LOD- 2006-31.doc
Tom Gale
December 29,2006
Page 6
Deed Book 3184, page 150, dated November 1, 2005, conveyed four parcels from
James C. Murray, II to Murray Investment Group, LLC - Highland Ridge Farm Series.
The parcels are identified as TMP 70-37E, TMP 70-37F, TMP 70-37F2 and TMP 70-
37N. This transaction had no effect on the development rights of the parcels.
The parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights may only be utilized within the
bounds of the original parcel with which they are associated. These development rights
are theoretical in nature but do represent the maximum number of lots containing less
than twenty one acres allowed to be created by right. In addition to the development
right lots, the parcel may create as many smaller parcels containing a minimum of
twenty-one acres as it has land to make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of $120.
The date notice of this determination was given is the same as the date of this letter.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copy: Gay Carver, Real Estate Supervisor
Ella Carey, Clerk to the Board of Supervisors
Attachment A Sketch showing allocation of 14 development rights
Attachment B Sketch showing location of original four parcels of record
Attachment C Composite Plat
1:\DEPT\BCZS\Determin of Parcel\2006\70-37E, 37F & 37N Murray LOD- 2006-31.doc
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
December 8, 2006
Valerie Andres, P.E.
30 I East High St.
Charlottesville VA 22902
RE: SP 2006-020 First Christian Church (Signs #74,77)
Tax Map 79 Parcel 24A
Dear Ms. Andres:
The Albemarle County Planning Commission, at its meeting on November 28,2006, unanimously
recommended approval ofthe above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1) The church's improvements and the scale and location of the improvements shall be developed in
general accord with the conceptual plan entitled "First Christian Church," prepared by McKee
Carson, and dated 11-14-2006.
2) The area of assembly shall be limited to a maximum 306-seat sanctuary.
3) No grading or tree removal shall take place within the area marked "area not to be disturbed" on
the conceptual plan or within the 75-foot setback adjacent to Route 250 East.
4) No erosion and sedimentation control plan nor building permit shall be approved for the area
marked "area not to be disturbed" without prior approval of a tree conservation plan complying
with section 32.7.9.4 of the Zoning Ordinance.
5) All parking setbacks and undisturbed buffers required by Zoning Ordinance section 21.7,
Minimum Yard Requirements, shall apply if this use is developed.
6) All outdoor lighting shall be arranged or shielded to reflect light away from the abutting
properties.
7) The existing prescriptive right-of-way along this parcel's Keswick Road (Rte. 731) frontage shall
be replaced with a public right-of-way at least 25 ft wide and dedicated to public use.
8) There shall be no day care center or private school on site without approval of a separate special
use permit;
9) If the use, structure, or activity for which this special use permit is issued is not commenced
within sixty (60) months after the permit is issued, the pemlit shall be deemed abandoned and the
SP-06-20 First Christian Church
Page 2 of2
December 8, 2006
authority granted thereunder shall thereupon terminate.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 10,2006.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
~ Scott Clark
Senior Planner
Planning Division
SC/aer
Cc: First Christian Church
112 West Market Street, Charlottesville, V A 22901
Thomas, Robert P Revocable T/A; Etal Attn: Tony Barnett Hdq-5605
POBox 26665, Richmond, VA 23261-6665
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
.
.
COUNTY OF ALBEMARLE STAFF REPORT SUMMARY
Project Name: Staff: Scott Clark
SP 2006-020 First Christian Church
Planning Commission Public Hearing: Board of Supervisors Public Hearing: January
November 28, 2006 10,2007
Owners: Thomas, Robert P Revocable T/A; et al Applicant: First Christian Church
Acreage: 15.12 acres Special Use Permit for: Construction of a
church building and parking area
TMP: 79-24A Conditions: Yes
Location: Northeast comer of intersection of
Richmond Road (US 250) and Keswick Road
(Route 731)
Existing Zoning and By-right use: RA Rural Magisterial District: Scottsville
Areas: agricultural, forestal, and fishery uses;
residential density (0.5 unit!acre); EC Entrance
Corridor - overlay to protect properties of
historic, architectural or cultural significance from
visual impacts of development along routes of
tourist access;
Requested # of Dwelling Units: N/A DA RA X
Proposal: Construct a new church Comprehensive Plan Designation: RA - Rural
Areas: preserve and protect agricultural, forestal,
open space, and natural, historic and scenic
resources/ density (.5 unit! acre)
Character of Property: Wooded Use of Surrounding Properties: Mixture of
small and large residential parcels, some wooded
land, and one adjacent church
Factors Favorable: Factors Unfavorable:
I . VDOT and the County Engineer are satisfied l. Construction of the church would require
that the entrance design is adequate to clearing of parts of this wooded site.
accommodate the traffic generated by the Recommended conditions are intended to
proposal. reduce the visual and environmental
2. A church on this parcel would provide a impacts of this clearing by controlling its
community meeting place, and opportunities extent and location.
for residents to take part in local community
life.
RECOMMENDATION: Staff recommends approval, subject to conditions.
S~I 06.:_':; t'-:r:~! C.hq~1Ict:l ChurcJ1
PP.pori Pc" ;\JO\: 18 2.J06
1
Petition:
PROPOSED: New church on 15-acre parcel with seating for 306 persons, rooms for youth/community events, church
office, and outdoor pavilions for church activities.
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and fishery uses; residential
density (0.5 unit/acre); EC Entrance Corridor - Overlay to protect properties of historic, architectural or cultural
significance from visual impacts of development along routes of tourist access
SECTION: 10.2.2.35 Church building and adjunct cemetery.
COMPREHENSIVE PLAN LAND USEIDENSITY: Rural Areas - preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density (.5 unit/ acre)
ENTRANCE CORRIDOR: Yes
LOCA TION: Northeast corner of Richmond Road (US 250) and Keswick Road (Route 731).
TAX MAPIPARCEL: 79-24A
MAGISTERIAL DISTRICT: Scottsville
Character of the Area:
The surroundings are a mix of open and wooded land crossed by two major highway corridors-US 250 and Interstate
64. Most of the surrounding parcels, including the Village of Rivanna to the southeast, are residential properties.
Union Run Baptist Church (a mid-20th-century building, possibly modified in the 1970s) is located directly across
Keswick Road to the northwest. The subject property is currently wooded, with deciduous trees and some evergreens.
(See Attachments A and B.)
Specifics of the Proposal:
The applicants are proposing to build a new church building of approximately 15,750 square feet to accommodate
seating for 306 persons. (The original proposal was for 400 seats and eventual expansion to 650; the applicants have
reduced their request after discussions with staff regarding the scale of rural projects.) The building would also have
rooms for youth/community events, a church office, and outdoor pavilions for church activities. See Attachment C for
the proposed conceptual plan.
Planninl! and Zoninl! History:
No previous applications are on file for this parcel. The parcel was rezoned from "Agricultural" to "Rural Areas"
in 1980.
Conformity with the Comprehensive Plan:
The Comprehensive Plan designates the proposed church site as Rural Areas, emphasizing the preservation and
protection of agricultural, forestal, open space, and natural, historic and scenic resources. Churches are allowed in the
Rural Area zoning district by Special Use Permit.
This proposal may support the following Guiding Principles from the Rural Areas chapter of the Comprehensive Plan:
"Address the needs of existing rural residents without fostering growth and further suburbanization of the
Rural Areas. "
The proposed church is designed to serve a congregation that currently meets in downtown Charlottesville,
but that draws members from rural Albemarle and surrounding counties. It would serve existing rural
residents, but is of a scale that might also serve new residents.
"Protect the quality and supply of surface water and groundwater resources. "
"- l :;'1 <r:(j.:1'~ir) (""hUt I;
;'''t~ll'(}~( r'~_ I'.j()\,/ ?8 :~(j06
2
.
.
.
"Preserve and manage the Rural Areas' natural resources in order to protect the environment and conserve
resources for future use. "
"Preserve the County's rural scenic resources as being essential to the County's character, economic vitality,
and quality of life. "
The property is currently wooded; forest cover provides the best protection for groundwater. Forest cover
also protects surface-water quality and helps to maintain the scenic character of the area. Conditions of
approval included here-in are designed to maintain forest cover over much of the property.
STAFF COMMENT:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance.
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,
The conceptual plan includes areas limiting tree removal on the property (see discussion below). These areas also form
buffers along the boundaries of most adjacent properties and along the Entrance Corridor (US 250). However, the
entrance and building would be visible from the adjacent residence at 3304 Keswick Road.
Staff is also recommending conditions that require the parking setbacks usually applied to commercial uses (20 feet
from RA-zoned parcels, 10 feet from public rights of way), and that require that any outdoor lighting be designed to
avoid impacts on surrounding rural properties.
that the character of the district will not be changed thereby and
The immediate surroundings are largely residential, with the exception of Union Run Baptist Church located directly
across Keswick Road. The property's current wooded state maintains the rural character of the area and of the Entrance
Corridor (US 250). Staff has recommended conditions of approval that are intended to maintain, as much as possible,
the forest cover on the property. Much of the property would be included in an area where grading and tree removal
would not be permitted. This area includes a 75-foot setback along US 250 that would limit visibility from the Entrance
Corridor.
This property is also located in the Entrance Corridor (EC) overlay zoning district. The proposal has been reviewed by the
Architectural Review Board (ARB)--see the action letter in Attachment E. The ARB had no objection to the request for the
Special Use Permit if the following issues are adequately addressed:
I) ClarifY the location of the existing and proposed tree lines on the concept plan.
This has been clarified by the applicants. Grading and tree removal will not occur in the area on the concept
plan marked "area not to be disturbed."
2) Add a note to the concept plan stating that no grading or tree removal is to take place within the proposed
protected tree line or within the 75 foot setback adjacent to the Route 250 East Entrance Corridor, with
the exception of the septic area in the location indicated on the plan.
This note has been included. The reference to the septic area has been removed. When the ARB reviewed
the plan, a septic field was shown in the middle of the "area not to be disturbed." After discussions with
staff, the applicants agreed to remove that area from the plan in order to avoid conflicts between the no-
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3
disturbance area and any future construction or maintenance activities related to the septic fields or the
lines connecting them to the church.
In order to accommodate the septic field outside the no-disturbance area without getting too close to the
existing wellhead, the applicants reduced the no-disturbance area to the west of the proposed church
building. ARB staff and Rural Areas planning staff have discussed this change and do not anticipate
significantly greater impacts as a result of the change. (See Attachment D.) Visibility of the west face of
the church would still be limited by the hill along US 250 and the forested 75-foot buffer. However, the
greater tree removal just west of the church could result in somewhat greater visibility of the church.
Consequently, the ARB may have more comments about the exterior design of the church building during
the future review of a site plan. The applicant points out that they do not necessarily intend to remove all
trees outside the no-disturbance area, and that a significant number of the existing trees may remain outside
that area.
that such use will be in ,harmony with the purpose andintent of this ordinance,
Section 18, Chapter 10 of the Zoning Ordinance outlines the purpose of Rural Areas zoning: "This district (hereafter
referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map for the
following purposes: (Amended 11-8-89)
-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. (Amended 11-8-89)"
The conceptual plan for this proposal includes buffers and vegetation-protection areas that are intended to reduce its
impacts on natural and scenic resources. Tree protection on the site will also help to protect groundwater.
with uses permitted by right in the district,
The property and the surrounding properties are zoned RA, Rural Areas. The uses permitted by right under RA
Zoning directly support agriculture, forestry, and the conservation of rural land. Part of the County's vision for the RA
districts includes the support of agricultural and forestal communities through community meeting places, at rural
scales, that provide the opportunity to take part in community life. Although the proposed church is larger than the
typical small historic church in the Rural Areas, it is comparable to other Rural Area churches approved in the County,
which have included several designed for 250 to 300 attendees.
with the additional regulations provided in section 5.0 of this ordinance,
There are no regulations in Section 5.0 of the Ordinance that apply to church buildings.
and with the public health, safety and general welfare.
The Virginia Department of Transportation has indicated that the taper and turn lane from Keswick Road to the
vehicular entrance to the property provided on the concept plan is adequate for the church and traffic generated.
A permit for a commercial entrance will have to be obtained from VDOT at the time of construction; at that time
more detail may be necessary in terms of topography, the length of taper, and sight distance requirements. The
entrance will have to meet the standards as shown in Minimum Standards for Entrances to State Highways.
This area is known to have soils with poor septic-field capacities. However, the Virginia Department of Health has
stated that the information submitted for this application "appear[ s] to support favorable conditions for the church
and an onsite sewage disposal system." Staffhas recommended a condition requiring Health Department approval
of the well and the septic system on the site.
, ~I' ,':; l~.; ;1" ,# [t (t.
~ 1 ,.: c .
4
.
.
.
Waiver Request:
The Zoning Ordinance allows 24 months for both construction and start of the use ofa Special Use Permit (18-
31.2.4.4.). The applicant has requested the time allowed for construction and start of the use of this Special Use
Permit, should it be approved, be increased to five (5) years. Staff supports the applicant's request.
SUMMARY:
Staff has identified the following factors favorable to this application:
I. VDOT and the County Engineer are satisfied that the entrance design is adequate to accommodate the traffic
generated by the proposal.
2.A church on this parcel would provide a community meeting place and opportunities for residents to take part in
local community life.
Staff has identified the following factors unfavorable to this application:
1. Construction of the church would require clearing of parts of this wooded site. Recommended conditions are
intended to reduce the visual and environmental impacts of this clearing by controlling its extent and location.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-20 First
Christian Church under the following conditions:
1) The church's improvements and the scale and location of the improvements shall be developed in general
accord with the conceptual plan entitled "First Christian Church," prepared by McKee Carson, and dated 11-
14-2006.
2) The area of assembly shall be limited to a maximum 306-seat sanctuary.
3) No grading or tree removal shall take place within the area marked "area not to be disturbed" on the
conceptual plan or within the 75-foot setback adjacent to Route 250 East.
4) No erosion and sedimentation control plan nor building permit shall be approved for the area marked "area
not to be disturbed" without prior approval of a tree conservation plan complying with section 32.7.9.4 of the
Zoning Ordinance.
5) All parking setbacks and undisturbed buffers required by Zoning Ordinance section 21.7, Minimum Yard
Requirements, shall apply if this use is developed.
6) All outdoor lighting shall be arranged or shielded to reflect light away from the abutting properties.
7) The existing prescriptive right-of-way along this parcel's Keswick Road (Rte. 731) frontage shall be replaced
with a public right-of-way at least 25 ft wide and dedicated to public use.
8) There shall be no day care center or private school on site without approval of a separate special use permit;
9) If the use, structure, or activity for which this special use permit is issued is not commenced within sixty (60)
months after the permit is issued, the permit shall be deemed abandoned and the authority granted thereunder
shall thereupon terminate.
ATTACHMENTS
Attachment A - Area Map
Attachment B - Aerial view of site
Attachment C - First Christian Church conceptual plan
Attachment D - Comparison of boundaries of no-disturb area
Attachment E - ARB Action Letter
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SP 06-20 First Christian CilUrch
[~eport PC No'! 23 2006
Attachment D
Boundary of "no-
disturbance" area
from earlier plan
reviewed by ARB
Boundary of "no-
disturbance" area
from current plan,
proposed to permit
removal of septic
field from "no-
disturbance" area
JD
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.
.
Attachment E
Phone (434) 296-5832
Fax (434) 972-4012
September 27,2006
Valerie Andres
McKee Carson
301 East High Street
Charlottesville, VA 22902
RE: ARB-2006-109: First Christian Church - Advisory Review for a Special Use Permit, Conceptual
Review of a Site Plan and Building Design (Tax Map 79, Parcel 24A)
Dear Ms. Andres:
The Albemarle County Architectural Review Board, at its meeting on September 18, 2006, completed a
preliminary review of the above-noted request. The Board took the following actions.
Regarding the Advisory Review of Special Use Permit, the Board by a vote of 3 :0, forwarded the
following recommendation to the Planning Commission:
The ARB has no objection to the request for the Special Use Permit, ifthe following issues are adequately
addressed:
I. Clarify the location of the existing and proposed tree lines on the concept plan.
2. Add a note to the concept plan stating that no grading or tree removal is to take place within
the proposed protected tree line or within the 75 foot setback adjacent to the Route 250 East
Entrance Corridor, with the exception of the septic area in the location indicated on the plan.
Regarding the Conceptual Review of a Site Plan and Building Design, the Board made the following
comments and suggestions for the benefit of the applicant's next submittal. These comments should be
addressed along with the information required on the ARB Preliminary Site Plan Checklist.
1. Provide to scale building elevation drawings that are coded for proposed materials and
colors. Earth tones colors are recommended.
2. Revise the site plan to show the location of all mechanical equipment, loading, service,
refuse, and storage areas. Indicate the method of screening should they be visible from the
EC.
II
ARB 2006-109 First Christian Church
Page 2
September 27, 2006
3. Provide details on the outdoor pavilions including materials, colors, and method of
construction. Indicate how the pavilions will coordinate with the building architecture.
4. Revise the site plan to clearly delineate the existing and proposed tree lines. Correct the
mislabeling of a proposed tree line as an existing tree line. Add a note to the site plan
indicating that no tree removal or grading will occur within the 75 foot setback adjacent to
the Route 250 E. EC. Place a note on the site plan stating that no grading or tree removal is to
take place within the proposed protected tree line.
5. Provide complete information on all proposed signs.
6. The Preliminary Site Plan application will need to show the location of all proposed site,
building and decorative lighting. A luminaire schedule of all proposed exterior lighting on a
photometric plan will need to be included indicating all lighting options chosen, and colors
proposed for all fixtures and poles.
You may submit your application for continued ARB review at your earliest convenience. Application
forms, checklists and schedules are available on-line at www.albemarle.orglplanning.
Revised drawings addressing the comments listed above are required. Please include a memo outlining
how each comment has been addressed. If changes other than those requested have been made, identify
those changes in the memo also.
If you have any questions concerning any of the above, please feel free to call me.
Sincerely,
Brent W. Nelson
Landscape Planner
Planning Division
BWN/aer
Cc: First Christian Church
112 West Market Street, Charlottesville, VA 22902
Thomas, Robert P Revocable T/A; Etal
Atln: Tony Barnett HDQ-5605
POBox 26665, Richmond, VA 23261-6665
Scott Clark
File
SP 06.'20 First Christian r,hurch
Rr::porl PC i'J<"lV 2;3 2006
1'2
10
OFFICEJ.!.SEO~ "'- /) ~ -;:l ~ v:\ '7 q 0 ;;'y n/':o
SP# .,;;;.,JOOCE l:::-' (....A../ , TMP ~--_~-~~- \..-'~-_ ATTACHMENTF
Sip. # -; C{ ccf- 7 7 Magisterial District: 5 (--, Staff: ~ Date: ~ ....J \./
.
Application for Special Use Permit
.
Please See the List at die bottom of page 4 for the Appropriate Fee
(sbdfwiD assist you with dais mm)
Project N....e (how should we refer m tis application?): First Christian Church
*E.DstiDgUse: RmallWooded Proposed Use: Church Facility
* ZoniDg District: R.A ZoniDg Ordinance Section number requested: J 0 . 2 . 2.. 3 S
(*sc.ffwill8SSistyou with fhisitan)
NlUDber of acres to be mvered by Special Use Permit (If a portion it must he ddineaUd 011 a plat): 15 acres
Is this an ....endment to an existing Special Use Permit? IZJ YES ~NO
Are you submitting a prelim.inuy site pia with this application? ,{ YES NO
Contact Person (Who sbookI we ca1Ifwrite CIIIICCDIiag this projec:t'J): JefIMarshall
Address 4132 Presiden1s Road City Scottsville State VA Zip _24590
Daytime Phcme(43L) 981-3254 Fax II 434-97~1 ~ E-mail MJMars7777@aolcom
Owner of Record mOMAS, ROBERT P REVOCABLE T/A; ETAL ATTN: TONY BARNElT HDQ-5605
Address POBOX 26665 City RICHMOND State VA Zip 23261
Daytime Phone ~ 7~L ... s:).Q9 Faxll$cJLI- '7~-7SC"}E-mail
Applicant (Who is tllcConlac:tpc:r-.~ Who is n=quesliogtllcJeZDDiag?): First Christian Church
Address 112 West Matket Street City Charlottesville State VA Zip 22901
Daytime Phone (431:) 293-2276 Faxll N/A E-mail fccoffice@ntelos.net
Tax map ad parcel: 07900-00-00-024AO
Physical Street Address (if assigned): NI A
Location of property (l.andmmks, intersections, or other): Comer of250 West OOchmondRoad) & Keswick Road
Does the owner of 1his properly own (or have any ownership iDIerest in) any abutting propenyl If yes, please list those tax map and pm:eI numbers
No
OFFICE USE ONLY
Fee DIIOIIIIl $ Date Paid Chcx:k. #J By Who? RJ:ceipt #J ,By:
jqqfj...O/'f History:
~UsePcmUls: [J ZMAs &Pro1fecs:
~arimc:es: 11q ~ -oc7 [J Ldk:r of Authorization
Concom:utn:view of Site Devd.opmentPlm.? DYES DNO
County of Albemarle Department of Community Development'~O~(: ;~~,' >'~
, 't""
.
7JL Ifgt;J
1- . /J A. i /1 /}'-,-1
11
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2
S/r;NS
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "'1'ne board of supervisors hereby
reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for
uses as provided 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, that the character of the district will not be
changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with
the uses permitted by right in the district, with additional regulations provided in section 5.0 of this
ordinance, and with the public health, safety and general welfare."
The items that follow will be reviewed by the staff in their analysis of your request. Please complete this
form and provide additional information which will assist the County in its review of you request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? Church Facility, Parking and outdoo
How will the proposed special use affect adjacent property?
Will slightly increase traffic on Keswick Road from Richmond Road intersection upto the
parking entrance during normal church operational hours.
How will the proposed special use affect the character of the district(s) SurrOWlding the property?
Our intent is to build a facility that blends with and enhances the community. A building that is
attactive for one of the entrance cooridors of Albemarle County.
How is the use in harmony with the purpose and intent of the Zoning Ordinance?
The surrounding property in mostly subdivsions. Places of worship provide positives for a
community. They provide a place for community gathering. They can increase pride in ones
community. Local houses of worship will give communties a focal point during times of need
and crisis.
How is the use in harmony with the uses permitted by right in the district?
Church facilties are looked upon as a vaulable part of subdivsion because they provide families a
local place to worship. The surronding property is mostly subdivision. Therfore, the placement
of a church on this property would be in harmony.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
We would be interested in building a pavillion area that would be used to church picnics and
socials.
How will this use promote the public health, safety, and general welfare of the community?
Church's that consider themselves part of the community and work toward a family oriented
atmosphere have a postive impact on the commuties they enter.
0711104 Page 2 of 4
l1
Describe yom request in detail and include all pertinent information such as the number of persons involved in
the use, operating hours, and any unique features of the use:
.
CmreotIy FirstCbristian Church average between 100 and 125 for Sundayrnnmillgl'. We cum:othave Wednesday activities that use our filcility.
0Ihcr group uses include: Youlh evads, eveoIs fur seniors, wOOdings and:funerals. We have 3 staff positons plus a janitorial service that cleans
1be buiIing.
The fiu:iIity we are proposing would have:
Worship area wi1h 1be ability 10 seat lIpID 650 when:fully ""'P""tW Phase 1 allows for seating fuur upto 400. I.aIgest lIffP.nrianrP. would be 00.
Sunday Momning.
Multi-porpose area that will be 1ISlIble for youIbICOIIlIIIIDIity events as scbcduled.
Pavillioo area that would be used for clum:h pic:nic:slsocials.
Office &cili1ythat would be open Monday-Friday.
ATTACHMENTS REQUIRED - provide two (2) copies of each
o
1_ Recorded plat or recorded boundmy survey of the property requested for the permit If there is no
recorded plat or boundary survey, please provide legal description of the property and the Deed Book
and page number or Plat Book and page number.
o
2. Ownership information - If ownership of the property is in the name of any type of legal entity or
organization including, but not limited to, the name of a corporatio~ partnership or association, or in
the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted
certifying that the person signing below has the authority to do so_
.
If the applicant is a contract pmchaser, a document acceptable to the County must be submitted
containing the owner's written consent to the application.
If the applicant is the agent of the owner, a document acceptable to the County must be submitted that
is evidence of the existence and scope of 1he agency.
OPTIONAL ATTACHMENTS:
o 3. Provide 16 copies of any drawings or conceptual plans.
o 4. Additional Informatio~ ifany. (16 copies)
Owner/Applicant Must Read and Sign
I htm:by certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application.
I also certify that the infonnation provided on this application and accompanying information is accurate, true, and correct to
the best of my knowledge.
&gc~d'
Signature 0 Owner
Ck:~ 1< C.-e~4
Print N
SJ3cJ loG
Date
(. V51.() 1'7d-.- 7 r;; oc) {70L7i
Daytime phone number of SignatOIY
.
7nl04 Page 3 of 4
is-
Albemarle County Planning Commission
November 28, 2006
The Albemarle County Planning Commission held a meeting and a public hearing on
Tuesday, November 28, 2006, at 6:00 p.m., at the County Office Building, Second
Floor, Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members
attending were Eric Strucko, Jon Cannon, Duane Zobrist, Pete Craddock, Marcia
Joseph, Chairman and Bill Edgerton. Absent was Calvin Morris, Vice-Chairman. Julia
Monteith, Senior Land Use Planner for the University of Virginia, representative for
David J. Neuman, FAIA, Architect for University of Virginia was present.
Other officials present were Wayne Cilimberg, Planning Director; David Benish, Chief of
Planning; Bill Fritz, Chief of Current Development; Scott Clark, Senior Planner; Rebecca
Ragsdale, Senior Planner; David E. Pennock, Principal Planner and Greg Kamptner,
Deputy County Attorney.
Call to Order and Establish Quorum:
Ms. Joseph called the regular meeting to order at 6:03 p.m. and established a quorum.
Public Hearing:
SP 2006-020 First Christian Church (Sians #74,77)
PROPOSED: New church on 15-acre parcel with seating for 306 persons, rooms for
youth/community events, church office, and outdoor pavilions for church activities.
ZONING CATEGORY/GENERAL USAGE: RA -- Rural Areas: agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre); EC Entrance Corridor - Overlay to
protect properties of historic, architectural or cultural significance from visual impacts of
development along routes of tourist access
SECTION: 10.2.2.35 Church building and adjunct cemetery.
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas - preserve and protect
agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5
unit/ acre)
ENTRANCE CORRIDOR: Yes
LOCATION: Northeast corner of Richmond Road (US 250) and Keswick Road (Route
731).
TAX MAP/PARCEL: 79-24A
MAGISTERIAL DISTRICT: Scottsville
STAFF: Scott Clark
Mr. Clark summarized the staff report.
Scott Clark presented a power point presentation and summarized the staff report.
o Staff has identified the following factors favorable to this application:
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-20 FIRST CHRISTIAN CHURCH
1
. VDOT and the County Engineer are satisfied that the entrance
design is adequate to accommodate the traffic generated by the
proposal.
. A church on this parcel would provide a community meeting place
and opportunities for residents to take part in local community life.
o Staff has identified the following factors unfavorable to this application:
. Construction of the church would require clearing of parts of this
wooded site. Recommended conditions are intended to reduce the
visual and environmental impacts of this clearing by controlling its
extent and location.
o One small detail mentioned in the staff report is that in September this
project went before the Architectural Review Board because it is in the
Entrance Corridor. The ARB basically approved the layout as proposed
with a couple of small changes. One was to clarify the location of the non-
disturbance area and that has been done. There was an area shown on
the plan for the septic fields for the use. That was shown on the earlier
plan when the building was in a different location. Staff realized that the
septic fields could not be located in the non-disturbance area. So in order
to resolve the conflict the applicant has revised the boundary of the non-
disturbance area to the west in order to have options for the septic field in
order to be an acceptable distance from the existing well. He discussed
this with the Design Planner and the visibility of the building will not change
greatly. But, because the line has moved there may be some additional
consideration on the actual design of the building. When this comes back
for a site plan there will be a more detailed review by the ARB at that point.
o Staff recommends approval of the request subject to the nine conditions
recommended in the staff report.
Ms. Joseph asked if there were any questions for staff.
Mr. Edgerton asked if there was public water and sewer available in this area.
Mr. Clark replied that public sewer was not available in this area.
Mr. Craddock noted that only public water was available.
Mr. Edgerton said that he questions on two of the conditions. It says all parking
setbacks, undisturbed buffers required by the zoning ordinance section 21.7,
minimum yard requirements, shall apply if this use is developed. He asked staff to
explain what that says.
Mr. Clark replied that the setbacks to the eastern edge of the property shall be 20'
and along the edge of Keswick Road and Route 250 technically will be 10'. Actually
what is shown on the plan is more restricted and the locations are farther in than
those setbacks. This is just to ensure that it is clear during the development of the
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-20 FIRST CHRISTIAN CHURCH
2
site plan that the scope or general accord of the plan is not to include variations
beyond that point.
Mr. Edgerton said that condition #7 says that the prescriptive right-of-way along this
parcel on Keswick Road shall be replaced with a public right-of-way at least 25' wide.
He asked staff to show him that area.
Mr. Clark pointed out the area in the entire frontage along Keswick Road, which is the
northern boundary of the property.
Mr. Edgerton asked if that was just to widen the right-of-way there.
Mr. Scott replied that was correct in order to address the concerns in the vehicular plan
to widen that road.
There being no further questions for staff, Ms. Joseph opened the public hearing and
invited the applicant to address the Commission.
Barry Creasy, a member of First Christian Church, said that he was a member of the
team working on the church relocation. He noted that Mr. Clark has more than
adequately covered the actual site. Under #2 of the favorable factors is the
community's advantage of a church in this particular location. The area around it has
many houses and a lot of subdivisions. Churches do add a community value as far a
being there. This request has been labeled as a new church, but the church is definitely
not a new church. Currently they are located in Charlottesville, Virginia at 112 West
Market Street. The church has been in existence for 170 years. They are seeking to
move the church because they are out of parking. All of the development downtown
has cut them off from being able to park cars on Sunday mornings. Therefore, they are
looking to move this church. They have a track record of being a very community
friendly church. They have done many things in Charlottesville from running soup
kitchens to doing plays for the community. Their activities may change on Route 250,
but they still plan to be active in that community also by opening up the church to be
used for various community activities.
Ms. Joseph asked if there were any questions for Mr. Creasy.
Mr. Craddock asked if they had sold the old church, and Mr. Creasy replied that they
have a contract pending.
Ms. Joseph invited public comment. There being none, the public hearing was closed
and the matter before the Commission.
Motion: Mr. Zobrist moved, Mr. Edgerton seconded, to approve SP-2006-020, First
Christian Church, subject to staffs recommended conditions:
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-20 FIRST CHRISTIAN CHURCH
3
1) The church's improvements and the scale and location of the improvements
shall be developed in general accord with the conceptual plan entitled "First
Christian Church," prepared by McKee Carson, and dated 11-14-2006.
2) The area of assembly shall be limited to a maximum 306-seat sanctuary.
3) No grading or tree removal shall take place within the area marked "area not
to be disturbed" on the conceptual plan or within the 75-foot setback
adjacent to Route 250 East.
4) No erosion and sedimentation control plan nor building permit shall be
approved for the area marked "area not to be disturbed" without prior
approval of a tree conservation plan complying with section 32.7.9.4 of the
Zoning Ordinance.
5) All parking setbacks and undisturbed buffers required by Zoning Ordinance
section 21.7, Minimum Yard Requirements, shall apply if this use is
developed.
6) All outdoor lighting shall be arranged or shielded to reflect light away from
the abutting properties.
7) The existing prescriptive right-of-way along this parcel's Keswick Road (Rte.
731) frontage shall be replaced with a public right-of-way at least 25 ft wide
and dedicated to public use.
8) There shall be no day care center or private school on site without approval
of a separate special use permit;
9) If the use, structure, or activity for which this special use permit is issued is
not commenced within sixty (60) months after the permit is issued, the permit
shall be deemed abandoned and the authority granted thereunder shall
thereupon terminate.
The motion passed by a vote of 6:0. (Commissioner Morris was absent.)
Ms. Joseph stated that SP-2006-020, First Christian Church will go to the Board of
Supervisors on January 10, 2007 with a recommendation for approval.
/
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION - NOVEMBER 28, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-20 FIRST CHRISTIAN CHURCH
4
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
December 22, 2006
Rob Cummings
Kirk Hughes and Associates
220 East High Street
Charlottesville, VA 22902
RE: ZMA 2006-00018, Forest Ridge Lots 1 and 22 Amendment (Signs #81, 82)
Tax Map 46B4-03, Parcels 1,22, B, and C
Dear Mr. Cummings:
. On December 12,2006, the Albemarle County Planning Commission meeting, a motion to recommend
denial of the above-noted petition to the Board of Supervisors was unanimously approved. This denial was
based on the following staff recommendations:
o The proffers should not be changed because of the need noted by the County Engineer to preserve
maximum flexibility for Proffit Road improvements and because a bike path, as a potential public
facility, would be more appropriately located in the Proffit Road right-of-way.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 10,2007. Any new or additional information regarding your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
If you have any questions or comments regarding the above-noted action, please do not hesitate to contact
me.
Sincerely,
._'~ Cr (;Juff~/uL
'Judy Wiegand
Senior Planner
. Planning Division
Cc: Craig Builders of Albemarle Inc
POBox 6156, Charlottesville, VA 22906
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
.
.
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: ZMA2006-18 Forest Ridge Lots 1 Staff: Judith C. Wiegand, AICP
& 22 Amendment
Planning Commission Public Hearing: Board of Supervisors Public Hearing: January
December 12,2006 10,2007
Owners: Craig Builders of Albemarle, Inc. Applicant: Rob Cummings, Kirk Hughes and
Associates
Acreage: 9.9 acres Rezone from: R-10 to R-10 with changed proffers.
TMP: Tax Map 46B4 -03, Parcels 1, 22, B, and By-right use: residential, 10 units/acre.
C
Location: The southeast and southwest corners
of the Proffit Road/Moubry Lane intersection,
approximately 1800 feet east of US 29,
Magisterial District: Rivanna Proffers/Conditions: Yes
Proposal: Rezone 9.9 acres from R-10 (10 Requested # of Dwelling Units: change in
units/acre) with proffers to R-10 with changed proffers from previous rezoning would allow
proffers to reduce the reserved right-of-way for construction of the final 4 duplex units otherwise
Proffit Road, provide an area of open space and a allowable under the original rezoning.
utility easement, and allow building setbacks. The
Forest Ridge development currently has 38
duplex units, changing the proffers would permit
construction of the last 4 units.
DA (Development Area): Hollymead Comprehensive Plan Designation: Urban
Density Residential
Character of Property: Property to be affected Use of Surrounding Properties: surrounding
by change in proffers is part of a residential parcels are currently designated Urban Density
development with 19 duplex buildings (38 units). Residential and zoned R-1. Current uses are a
The two affected lots are vacant and are the last church and residences.
two to be developed.
Factors Favorable: Factors Unfavorable:
. Would enable the developer to complete this . Deleting six feet from the reserved right-of-way
development as allowed under the original for Proffit Road reduces the flexibility the
rezoning in the same spirit/character as the County and VDOT may need to ensure a good
existing units. design for the widening of Proffit Road in the
future.
. A potential bike path is more appropriately
located in the Proffit Road right-of-way than in
open space or an easement on private
property.
RECOMMENDATION: Staff does not recommend approval of this rezoning to change the proffers
because of the need noted by the County Engineer to preserve maximum flexibility for Proffit Road
improvements and because a bike path, as a potential public facility, would be more appropriately
located in the Proffit Road right-of-way.
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
2
.
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JUDITH C. WIEGAND, AICP
DECEMBER 12, 2006
JANUARY 10,2007
ZMA 2006-18 FOREST RIDGE LOTS 1 & 22 AMENDMENT
PETITION
PROJECT: ZMA 2006-00018, Forest Ridge Lots 1 and 22 Amendment
PROPOSAL: Rezone 9.9 acres from property zoned R-I0 (10 units/acre) with proffers to reduce
reserved right-of-way, provide utility easement, and allow building setbacks. Currently has 38 duplex
units, rezoning would permit 4 more.
PROFFERS: Yes X No
EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Property designated Urban Density
Residential (6.01-34 units/acre) and supporting uses such as religious institutions, schools,
commercial, office and service uses in Development Area.
ENTRANCE CORRIDOR: Yes No X
- --
LOCATION: Property is located on southeast and southwest corners of Proffit Road/Moubry Lane
intersection, approximately 1800 feet east of US 29 in Hollymead Development Area.
TAX MAP/PARCEL: TMP 46B4-03, Parcels I, 22, B, and C.
MAGISTERIAL DISTRICT: Rivanna
.
CHARACTER OF THE AREA
This property is located on the southeast and southwest corners of the intersection of Proffit Road and
Moubry Lane. Forest Ridge is a residential development with 19 existing duplexes (38 units) laid out
on both sides of Moubry Lane. The two parcels that are the subject of this ZMA are the last two
parcels to be developed in the subdivision.
SPECIFICS OF THE PROPOSAL
On January 22, 1992, the Board of Supervisors approved a Zoning Map Amendment with Proffers
(ZMA 1991-08) that permitted development of Forest Ridge, a residential community of duplex units
along Moubry Lane. There were four proffers included in this ZMA (see Attachment A). Proffer 3 was
a dedication of a 30-foot strip along Proffit Road (State Route 649) and a reservation of an additional
30-foot strip for future road improvements by the County or the Virginia Dept. of Transportation
(VDOT). Proffer 4 is an agreement to reserve up to nine (9) feet beyond the 30-foot dedication and the
30-foot reservation for construction of a bike path. Proffer 4 does not specify who will own or
construct the bike path.
.
The purpose of this ZMA is to alter Proffers 3 and 4 in a manner that will allow construction of the
final two duplexes, one on Lot 1 and the other on Lot 22. Lots 1 and 22 are the last two lots in the
development and are otherwise ready for development. They are corner lots and do not have sufficient
room for the required 25-foot setback on their Proffit Road frontage. They do have the 25-foot setback
on Moubry Lane. The applicant would like to modify Proffers 3 and 4 to allow six (6) feet of the
reserved 30 feet to be combined with the 9-foot bike lane into a IS-foot bike path and landscape
easement (open space). If this IS-foot strip is open space, the applicant will be able to meet the 10-foot
side setback from the Open Space and the 25-foot setback from the Proffit Road right-of-way. (See
Attachment B, Proposed Open Space A & Proposed Open Space B, and Attachment C, Exhibits
showing existing and proposed designs.)
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
3
The new open space will be maintained by the Forest Ridge Homeowners Association.
APPLICANT'S JUSTIFICATION FOR THE REQUEST
The applicant would like to continue the spirit of Forest Ridge and its attached development
neighborhood through the previously described changes to existing Proffers 3 and 4. The applicant
intends to proffer space for the bike path in the location originally proffered, but within open space,
rather than public right-of-way. The proposed proffers will also allow VDOT to relocate any necessary
utilities within the open space easement in the event that Proffit Road is improved.
PLANNING AND ZONING HISTORY
Tax Map 32, Parcel29N was the subject ofZMAI991-008, approved on January 22, 1992. This
property was rezoned from R-l to its current R-10 district. The four proffers listed in Attachment A
were part of this rezoning.
CONFORMITY WITH THE COMPREHENSIVE PLAN
The Land Use Plan recommends Urban Density Residential at a density of 6.01 - 34 dwelling units per
acre (du/ac) for this parcel. The current developed density is approximately 4 du/ac (9.9 acres, 38
units). Adding four more units will raise the developed density slightly (9.9 acres, 42 units), as allowed
by the original rezoning, but will still be lower than the 6.01 du/ac minimum recommended by the
Land Use Plan. However, this development and its originally approved density predates the current
Land Use Plan. Since the development is almost built out, there is no opportunity to increase this
density.
Staff recognizes that several principles of the Neighborhood Model have been satisfied, even though
this neighborhood was also developed before the County's Neighborhood Model was adopted.
The Neighborhood Model: Conformity with the Neighborhood Model is assessed below:
.
.
.
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
4
Pedestrian This neighborhood is not currently served by sidewalks along Moubry Lane, a
Orientation short cul-de-sac, and none are planned. There is not much place for residents to
walk, except between one another's homes and to the open space dedicated at
the southern end of the property. The neighborhood would have access to a
bike path that would be anticipated with future Proffit Road improvements.
There is no public transportation nearby at this time. This principle is not met,
but may not be reasonably applicable with the already built condition.
Neighborhood Neighborhood friendly streets and paths are characterized by street trees,
Friendly Streets sidewalks, and houses with shallow setbacks. This neighborhood does not have
and Paths sidewalks or street trees, although there are wooded areas nearby. The houses
are set back a minimum of 25 feet from Moubry Lane. This principle is not
met, but may not be reasonably applicable with the already built condition..
Interconnected The design of this neighborhood does make provision for interconnections to
Streets and properties on the east and west sides. The development is off Proffit Road, so
Transportation access to schools, services, retail, and other uses is fairly direct. This principle
Networks is met.
Parks and Open This development includes a 2.26-acre area of open space at the southern end
Space of Moubry Lane. The open space is accessible from Moubry and is available to
all residents of the neighborhood. This principle is met.
Neighborhood There are no neighborhood centers close to this development, but it is a small
Centers neighborhood and is close to the intersection of Proffit Road and US 29
(Seminole Trail).
Buildings and This is a conventional duplex development, small is size, and well-served by
Spaces of Human open space. This principle is met.
Scale
Relegated Parking Not reasonably applicable, since the only parking is for the residences and has
been established as part of the development that has already occurred.
Mixture of Uses This is a small residential neighborhood, with open space. It would be
difficult-dose to impossible-to add anything to make it mixed use. This
principle is not reasonably applicable.
Mixture of Housing These duplexes were built before the County began requesting a mixture of
Types and housing types and adopted a policy for affordable housing.
Affordability
Redevelopment Not applicable.
Site Planning that This development was originally laid out to respect the streams, and the open
Respects Terrain space was configured to protect an environmentally sensitive area.
Clear Boundaries This development is not adjacent to the Rural Areas.
with the Rural
Areas
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
5
81' AFFCOMMENT
Relationshipbetweentbe application and tbe ipurpose and intent of ,tberequested zoning district:
The following section is an excerpt from the Zoning Ordinance:
R-IO districts are hereby created and may hereafter be established by amendment to the zoning
map to provide a plan implementation zone that:
· Provides for compact, medium-density residential development;
· Permits a variety of housing types;
. Provides incentives for clustering of development and provision of locational,
environmental and developmental amenities.
R-IO districts may be permitted within the community and urban area locations
designated on the Comprehensive Plan.
Forest Ridge is a fairly compact, moderately dense residential development. While there is no variety
in housing type, this is a small development and there was little opportunity to provide more than one
type. The development was designed to cluster the duplexes so they are outside of the environmentally
challenged southern portion of the site, which has been set aside as open space. They were also set
back from the stream and space was left for interconnections to adjacent parcels.
This rezoning, if adopted, will change two of the existing proffers and allow the development to be
completed as otherwise allowable under the original rezoning as a duplex neighborhood. Staff believes
that provisions that allow two more duplex buildings (four units), from the standpoint of the intent of
its zoning district, are appropriate.
Public need and justification for the change: The County's Comprehensive Plan supports rezoning
Proposals which are in conformity with recommendations for use, density, and form. This proposal is
in conformity with the use and form, although the density is lower than the Land Use Plan's designated
minimum for this area.
Anticipated impact on public facilities and services: Staff expects very little additional impact on
water, sewer, and schools from the four additional duplex units.
However, there is a potentially significant impact on Proffit Road, ifthe reserved strip that was
proffered in the earlier rezoning is decreased from 30 feet to 24 feet in width. Moubry Lane intersects
Proffit Road between Worth Crossing and the bend in Proffit just north of Baker-Butler Elementary
School. This section of Proffit Road is planned to be a 3-lane section, with the center lane designated a
turn lane. A number of improvements, including provision of a sidewalk and bike lane, are planned for
this stretch of Proffit.
As explained by the County Engineer (See Attachment D, memo dated October 10, 2006), these
improvements have not yet been designed nor have they been through any County or public review
process. The final design of the street cross section will not be fixed until the plans have been
completed and a VDOT "Location & Design Public Hearing" held. The Proffit Road improvements are
not in the County's 6- Year Plan at this time, but will be scheduled as soon as possible. Discussions
with and comments from VDOT up to this time have been based on conceptual sketches. The County
Engineer has taken the position that no changes in the proffers regarding the dedication/reservation of
.
.
.
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
6
right-of-way for road and bicycle path improvements should be considered until VDOT has completed
the design process for the Proffit Road improvements project and the County Board of Supervisors has
adopted a resolution approving the final design.
Staff recognizes that it may be several years before the Proffit Road improvements are designed and
the VDOT public hearing held. Further, staff does not recommend that a public bike path be located in
Open Space or an easement, and in fact may not be necessary when Proffit Road plans are completed
as bike lanes along Proffit Road are more likely. Sidewalks and bike facilities are more appropriately
located within the right-of-way for Proffit Road and should be maintained by VDOT.
The current width of 30 feet allows maximum flexibility in the design of these potential improvements.
Anticipated impact on natural, cultural, and historic resources: The development has been
designed to minimize the impacts on natural resources. There are no cultural or historic resources in
the area.
Anticipated impact on nearby and surrounding properties: The duplexes immediately to the south
of each of the proposed duplexes on Lots 1 and 22 will have new neighbors, once construction of the
proposed duplexes is complete. Impact on these properties is not expected to be greater than what was
anticipated with the original rezoning. All of the neighborhood residents are likely to experience a
slight increase in traffic and, possibly, noise from the additional units.
PROFFERS
Staff has not received precise language from the applicant for the two new proffers that replace
Proffers 3 and 4. However, the applicant's intent is to amend the proffers such that the 30-foot reserved
strip across State Route 649 (Proffit Road) would be reduced to 24 feet and the 9 feet beyond that 30-
foot reservation that would be reserved for a bike path would be increased to 15 feet, but only for Open
Space incorporating a 9-foot bike path and not potential public right-of-way. This language will be
worked out after the Planning Commission has addressed this rezoning and before it goes before the
Board of Supervisors.
SUMMARY
Staff has identified the following factors, which are favorable to this rezoning request:
· Would enable the developer to complete this development as allowable under the original rezoning
in the same spirit/character as the existing units.
Staff has identified the following factors, which are unfavorable to this rezoning request:
· Deleting six feet from the reserved right-of-way for Proffit Road reduces the flexibility the County
and VDOT may need to ensure a good design for the widening of Proffit Road in the future..
· A potential bike path is more appropriately located in the Proffit Road right-of-way than in open
space or an easement on private property.
RECOMMENDATION
Staff does not recommend approval of this rezoning to change the proffers because of the need noted
by the County Engineer to preserve maximum flexibility for Proffit Road improvements and because a
bike path, as a potential public facility, would be more appropriately located in the Proffit Road right-
of-way.
ZMA2006-18 Forest Ridge Lots 1 and 22 Amendment Staff Report, December 12, 2006
7
ATTACHMENTS
Attachment A - Original Proffers (ZMA 1991-08)
Attachment B - Location Map
Attachment C - Exhibits showing existing and proposed designs
AttachmentD - Memo from County Engineer, dated October 10, 2006
\ I iAUa~hment A
.
COUNTY OF ALBEM,A.RLE
Dept. of Planning & Community Development
401 Mcintire Road
Charlottesville. Virginia 22901-4596
(804) 296.5823
January 27, 1992
Nellie L. Moubry
809 Monticello Avenue
Charlottesville, VA 22901
RE: ZMA-91-08 Nellie Moubry
Tax Map 32, Parcel 29N
.
Dear Ms. Moubry:
The Albemarle County Board of Supervisors, at its meeting on
January 22, 1992, approved the above-noted request to rezone
9.9 acres from R-l to R-I0. Property located on the south
side of Rt. 649 approximately 750 feet west of Timberwood
Parkway. Please note that this approval is subject to
proffers 1, 3, and 4 as set out in letter dated November
22, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale
and Associates, Inc., addressed to Mr. Bill Fritz, Senior
Planner, Albemarle County Planning Department; and subject
to proffer as set out in the letter dated December 9, 1991
from Ms. Marilynn R. Gale, L.S., Roudabush, Gale &
Associates, Inc., addressed to Mr. Bill Fritz, Senior
Planner Albemarle County Planning Department, as follows:
1.
The applicant agrees that any plan submitted for review
to the County after rezoning will honor a minimum 50
foot building setback buffer (utility construction is
not restricted) from the existing drainage swale at the
rear of Parcel 29N; the buffer will exceed 50 feet from
the point where contour 498 leaves the 50 foot buffer,
and follow contour 498 to the western property line, in
order to protect critical slopes in the buffer area. A
topographic and boundary sketch dated November 22, 1991
is attached for visual clarification.
.
2.
The applicant agrees that any plan submitted to the
County after rezoning will include areas reserved for
construction of connecting internal roads with 50 foot
rights-of-way to adjacent properties, with the
~\
Attachment A
Nellie L. Moubry
Page 2
January 27, 1992
exception of Forest Lakes townhouses, for future access
as the County may deem necessary. The applicant shall
not be obligated for the cost of construction of such
connecting internal roads.
3. The applicant agrees to dedicate a 30 foot strip across
the state Route 649 frontage and reserve an additional
30 foot strip for future road improvements by the
County of Albemarle or Virginia Department of
Transportation.
4. The applicant agrees to reserve up to nine (9) feet
beyond the thirty (30) foot dedication and thirty (30)
foot reservation aforementioned, for construction of a
bike path. The applicant shall not be obligated for
the cost of construction of such bike path.
The applicant's representative agreed that the thirty (30)
foot dedication (Proffer #3) will take place at such time as
the site plan or subdivision plan is submitted to the
County.
If you should have any questions or comments regarding the
above noted action, please do not hesitate to contact me.
Sincerely,
U ()-!:rf!L;
v. Wayne Cilimberg (
Director of Planning\_Ec'
VWC/jcw
cc: Marilynn Gale
&~elia Patterson
Jo Higgins
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From: JuandiegoWade
Date: 05/03/06 l] :38:28
To: rc2b(a;kbaI,s~llet
Subject: FW: Forest Ridge Entrance Options.pdf
Hello Rob:
Hope all is well. PI case find below VDOT's commcnts. Havc a greal day. Juan
From: Tomlinson. Howard M. [mailto:Howard.Tomlinson@VDOT.virginia.gov]
Sent: Tuesday, May 02, 20068:40 AM
To: Juandiego Wade
Cc: Arnold, Brian A.; Dejarnette, Spencer; Winn, Jr.. John W. L.S.; Utterback, James PMP; Whiteside. John R. L.5.; Kilby. Karen P.
Subject: Forest Ridge Entrance Options.pdf
Mr. Wade,
I am Howard Tomlinson a new engineer with VDOT. The Proffit Road project has been assigned to me.
VDOT has reviewed the attached information and has come up with the following recommendation.
Option 1 is the most satisfactory with the following change. Please have the easement label changed to
read "15' Bike Path, Utility and Landscape Easement (Open Space)".
Hopefully, this will allow VDOT to relocate the utilities without additional easements.
If you have any questions, please let me know.
Thank you,
Howard Tomlinson
Virginia Department of Transportation
Culpeper District Location and Design
540-829-7436
7/20/2006
Page ] or I
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Attachment D
From: Jack Kelsey
Sent: Tuesday, October 10,200611:32 AM
To: Judith Wiegand
Subject: ZMA2006-018 Forest Ridge Lots 1 & 22 Amendment
Judy,
I I
The Proffit Road improvements have not yet been designed nor have they been through
any County or public review process. The final design of the street cross section will not
be fixed until the plans have completed a VDOT "Location & Design Public Hearing".
Any discussions with and comments from VDOT up to this point have been based on
conceptual sketches.
It is my position that no changes in the proffers, regarding the dedicati0nlreservation of
right-of-way for road and bicycle path improvements, should considered until VDOT has
completed the "Design Public Hearing" for the Proffit Road improvements project and the
County Board of Supervisors has adopted a resolution approving the final design, as
required by the VDOT public process. Therefore, I do not recommend approval of the
requested rezoning amendment.
Sincerely,
Jack M. Kelsey, PE
County Engineer
Community Development Department
County of Albemarle, Virginia
jkelsey@albemarle.org
(434) 296-5832 ext 3376
(434) 989-4182 Mobile
(434) 972-4099 Fax
II
I_I
g
Ka2A
KIRK HUGHES & ASSOCIATES
220 EAST HIGH STREET
CHARLOTTESVILLE, VIRGINIA
22902 434.296.6942
FAX 434.295.7540
LAND SURVEYORS & PLANNERS
Date:
January 3, 2007
To:
Judith C. Wiegand, AICP
Community Development & Planning
Albemarle County
401 Mcintire Road
Charlottesville, VA. 22902
Judy,
Please find the following information regarding the enclosed exhibits.
Legend:
Orange or Yellow Lines
Black Lines
Red Lines (semi-dashed)
Purple Lines (semi-dashed)
White Lines (solid or dashed)
= Property Lines
= 15' Prescriptive Easement
= Dedicated Rights of Way (existing or proposed)
= 60' Right of Way to be acquired (conceptually)
= 5' Bike Lane
A.) The Existing Conditions Exhibit shows adjoining properties along Proffit Road and their current dedicated rights of way or
prescriptive easements.
B.) This Conceptual Exhibit depicts how a three lane road could be designed and centered on the existing Proffit Road allowing for
two travel ways of 12' in width, a conservative center turn lane of 14' in width and a 5' bike lane along both sides helping to promote
community health and awareness.
In addition to the previously dedicated30' Right of Way, our proposal is simply to reduce the "30' Reserved Area", not yet dedicated,
along the front of Forest Ridge to 24'. The total dedicated right of way would then extend from the centerline of Proffit Road a total 54'
to the northern boundary line of Forest Ridge allowing for future road improvements as we show on the Conceptual Exhibit.
The inconsistency of right of way dedications and the reservations thereof pertaining to the adjoining properties are shown on the
Existing Conditions Exhibit. We show on the Conceptual Exhibit a 54' right of way would still be the most aggressive dedication along
Proffit Road allowing for the flexibility in design.
We propose the revision to proffer #3 to read as follows:
...and reserve an additional 24 foot strip for future road improvements by the County of Albemarle County or Virginia Department of
Transportation. Furthermore, the applicant agrees to dedicate said 24 foot strip upon the demand of the County of Albemarle.
If you have any questions or need any additional information please contact me at you earliest convenience.
Sincerely,
Rob Cummings
Project Manger
RICIIVID
f f', ~" n.:,
"* f"\; f'. .... ~ J
COMMUNITY oeveLOPMENT
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
ZMA 2006-018 Forest Ridge Lots 1 and 22 Amendment January 10, 2007
SUBJECT/PROPOSAL/REQUEST: ACTION: X INFORMATION:
Rezone 9.9 acres from R-10 (10 units/acre) with
proffers to R-10 with changed proffers to reduce the CONSENT AGENDA:
reserved right-of-way for Proffit Road, provide an ACTION: INFORMATION:
area of open space and a utility easement, and allow
building setbacks.
ATTACHMENTS: YES
STAFF CONTACT(S):
Cilimberg, Wiegand
LEGAL REVIEW: NO
BACKGROUND:
On December 5, 2006, the Planning Commission held a public hearing on the Forest Ridge Lots 1 and 22 Amendment
rezoning request. The Commission unanimously recommended denial of the rezoning.
DISCUSSION:
On January 3, 2007, the applicant submitted the attached maps and explanation to support their request for approval.
Staff has not had an opportunity to review this material.
RECOMMENDATIONS:
Both Staff and the Planning Commission recommend denial of this rezoning request.
ATTACHMENTS:
Letter of explanation, dated January 3, 2007
Existing Conditions Exhibit
Conceptual Exhibit
_. coo
I. O_~3-QQ1_---~~._-----
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'1Y\'t\
PROFFER FORM
Original Proffer
Amended Proffer X
(Amendment # -----.1_)
Date: January 10, 2007
ZMA # 2006-018
Tax Map and Parcel Number(s)046B4-03-00-00l 00, 046B3-03-02200, 046B4-03-00-000BO,
046B4-03-00-000CO
9.9 Acres to be rezoned from R-1O to R-10
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the Owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied
to the property, if rezoned. These conditions are proffered as a part of the requested rezoning
and it is agreed that: (l) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request. These proffers amend those
accepted in conjunction with ZMA # 9 1 -08.
1. Any plan submitted for review to Albemarle County after rezoning will honor a
minimum fifty (50) foot building setback buffer (utility construction is not restricted)
from the existing drainage swale at the rear of Parcel 29N; the buffer will exceed fifty
(50) feet from the print where contour 498 leaves the fifty (50) foot buffer, and follow
contour 498 to the western property line, in order to protect critical slopes in the
buffer area. A topographic and boundary sketch dated November 22, 1991 is
attached hereto for visual clarification.
2. Any plan submitted to Albemarle County after rezoning will include areas reserved
for construction of connecting internal roads with fifty (50) foot rights-of-way to
adjacent properties, with the exception of Forest Lakes townhouses, for future access
as the County may deem necessary. The Owner shall not be obligated for the cost of
construction of such connecting internal roads.
3. Upon the request of Albemarle County, the Owner shall dedicate to public use for
improvements to State Route 649 the twenty-four (24) foot strip adjacent to State
Route 649 (Proffit Road) identified as "24' Dedicated to Future Road Right of Way"
on the "Sketch Showing Option 1 Forest Ridge Parcel 'A' and 'B'" attached hereto.
The deed of dedication shall be in a fonn acceptable to the County. The Owner shall
bear the expense of preparing the deed, the survey, and the plat required to
accompany the deed of dedication.
4. Upon the request of Albemarle County and in conjunction with the dedication
provided in Proffer 3, the Owner shall grant an easement to the County over the
fifteen (15) foot strip identified as "15' Bike Path and Landscape Easement (Open
Space)" on the "Sketch Showing Option 1 Forest Ridge Parcel 'A' and 'B'" attached
hereto. The deed of easement shall expressly allow the County or its designee to
establish and maintain a shared bike/pedestrian path, landscaping, and utilities
1
> .
therein. The deed of easement also shall grant a public right of passage over the
eased lands, and grant rights of ingress and egress to the County and its designees to
establish and maintain the path, landscaping and utilities. The t,Yfanted rights shall be
in perpetuity. The deed of easement shall be in a form acceptable to the County. The
Owner shall bear the expense of the survey and the plat required to accompany the
deed of easement. The Owner shall not be obligated for the costs of constructing or
maintaining the path, landscaping or utilities.
Craig Builders of Albemarle, Inc.
--..-==-~ ~ ~
Signature ofOwW- /'
Tit1e:~P ~...vt'''{
/
-s~ d-H1
Printed Name of Owner
//~~?
, Date
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COUNTY OF ALBEMARLE
.
~XECUTIVE SUMMARY
I
AGENDA TITLE: I
SP 06-21 Kappa Sigma International Headq~arters
Amendment I
SUBJECT/PROPOSAL/REQUEST: '!
Request to modify SP 03-91 (reconfigure gra~s
stabilized parking and include future improvements,
such as picnic pavilions, maintenance building and
recreational areas).
AGENDA DATE:
January 10, 2007
ACTION:
x
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
STAFF CONTACTCS):
Cilimberg, Grant
LEGAL REVIEW: NO
BACKGROUND:
On December 5, 2006, the Planning Commission held a public hearing on the Kappa Sigma International
Headquarters Amendment special use permit request. The Commission unanimously recommended approval of the
special use permit with conditions and with the expectation that the applicant would revise the plan as recommended
by staff.
DISCUSSION:
~ce the December 5th Planning Commission meeting, the applicant has satisfactorily modified the plan (See plan
wed December 11, 2006, Illustration A) as recommended by staff during the Commission public hearing.
RECOMMENDATIONS:
The Planning Commission recommended approval of Special Use Permit 2006-21 with the following conditions, which
amend the original SP conditions and reference the modified plan as expected:
1. The Kappa Sigma improvements and the scale and location of the improvements shall be developed in
general accord with the plan (Illustration A) entitled Kappa Sigma Fraternity International Headquarters,
prepared by Glave & Holmes Associates and dated September 20,2006, revised December 11,2006.
2. Lighting of the site shall be limited as follows:
a. Light levels at the property lines shall be no greater than 0.3 foot candles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff fixtures;
e. Site and building illumination shall be limited to the satisfaction of the ARB; and
f. The lighting for any recreational facility may only be inside the picnic pavilions. Lighting shall be
excluded from other recreational areas.
3. Final site plans shall show a reservation, or provide a note, for future vehicular and pedestrian connections
to adjacent parcels to the north and south;
4. A pedestrian connection from the future pedestrian/bike pathway on Route 20 into the site shall be
constructed with the site improvements. The pedestrian path (from Route 20 to the building and aligned along
the travelway as shown on the revised application plan, dated September 20, 2006, revised December 11,
2006) shall be constructed in accordance with Chapter 6 of the Design Standards Manual;
. 5. A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction of VDOT;
6. Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to the
satisfaction of the ARB;
7. The applicant shall construct public water service to the site via extension of the existing Albemarle County
Service Authority water line located on the west side of Route 20 and public sewer service via extension of
the existing Albemarle County Service Authority sewer line located along route 20 and the Cow Branch
Creek, generally as provided in the report entitled, Preliminary Engineering Report Water and Sewer Facilities
for Kappa Sigma Headquarters by Draper Aden Associates, dated march 30, 2004;
8. A plat to combine the parcels shall be submitted concurrent with the amended site plan submittal or an SP
will be required; and
9. All grass parking areas shall be "Grasspave" unless a product deemed equivalent is approved by the
county engineer and the amended site plan shall include "Grasspave" manufacturers material specifications,
requirements for installation, provisions for watering (ex. sprinkler system, etc.), and maintenance
requirements (ex. fertilizing, watering, mowing, etc.) to the satisfaction of the county engineer.
ILLUSTRATIONS:
ILLUSTRATION A:
Application Plan dated September 20, 2006, revised December 11, 2006
2
.
.
.
II..-
i
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4012
December 20, 2006
Lance 1. Koth
Draper Aden Associates
8090 Villa Park Drive
Richmond, VA 23228
RE: SP 2006-021 Kappa Sigma International Headquarters (Sign #78)
Tax Map 91 Parcels 16 & l6D
Dear Mr. Koth:
The Albemarle County Planning Commission, at its meeting on December 5, 2006, unanimously
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions, which amend the original SP
conditions. Additions are shown in bold and deletions are shown as strikethroughs:
-h The Kappa Sigma improvements and the scale and location ofthe improvements shall
be developed in general accord with the plan (Attachment C) entitled Kappa Sigma
Fraternity International Headquarters, prepared by Glave & Holmes Associates and
dated September 20,2006, revised November 7, 2006. The site shall be developed in
general accord '.'lith the plans, entitled Kappa sigma Fraternity Headquarters, dated April 2,
2004;
2. Lighting of the site shall be limited as follows:
tr. Light levels at the property lines shall be no greater than 0.3 foot candles; bigHt
levels at the property line shall be no greater than .001 fDot candles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full
cutoff fixtures;
e. Site and building illumination shall be limited to the satisfaction of the ARB; and
f. The lighting for any recreational facility may only be inside the picnic
pavilions. Lighting shall be excluded from other recreational areas.
3. Final site plans shall show a reservation, or provide a note, for future vehicular and
pedestrian connections to adjacent parcels to the north and south;
4. A pedestrian connection from the future pedestrian/bike pathway on Route 20 into the
site shall be constructed with the site improvements. The pedestrian path (from Route
20 to the building and aligned along the travelway as shown on the revised application
plan, dated September 20,2006, revised November 7, 2006) shall be constructed in
accordance with Chapter 6 of the Design Standards Manual. Final site plans shall show
a pedestrian connection from the future pedestrian/bike patIr,\'U)' on Route 20 into the site;
5. A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction of
VDOT;
6. Landscaping shall be provided to limit the impact ofthe storm water area on the Entrance
Corridor to the satisfaction of the ARB; and
7. The applicant shall construct public water service to the site via extension of the existing
Albemarle County Service Authority water line located on the west side of Route 20 and
public sewer service via extension ofthe existing Albemarle County Service Authority sewer
line located along route 20 and the Cow Branch Creek, generally as provided in the report
entitled, Preliminary Engineering Report Water and Sewer Facilities for Kappa Sigma
Headquarters by Draper Aden Associates, dated march 30, 2004.
8. A plat to com bine the parcels shall be submitted concurrent with the amended site plan
submittal or an SP will be required.
9. All grass parking areas shall be "Grasspave" unless a product deemed equivalent is
approved by the county engineer and the amended site plan shall include "Grass pave"
manufacturers material specifications, requirements for installation, provisions for
watering (ex. sprinkler system, etc.), and maintenance requirements (ex. fertilizing,
watering, mowing, etc.) to the satisfaction of the county engineer.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 1 0, 2007.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
f1~~r
Claudette Grant
Senior Planner
Planning Division
CG/aer
Cc: Kappa Sigma Fraternity
2020 Avon Court, Suite 29, Charlottesville, V A 22902
Albemarle Carter Mountains Trust C/O Advance Corporate Service Inc
2213 Concord Pike, Wilmington, DE 19803
Ella Carey
Amelia McCulley
Jack Kelsey
Steve Allshouse
.
.
.
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP 06-21 Kappa Sigma Staff: Claudette Grant
International Headquarters Amendment
Planning Commission Public Hearing: Board of Supervisors Public Hearing:
December 5,2006 January 10, 2007
Owners: Albemarle Carter Mountain's Trust Applicant: Kappa Sigma Fraternity
Acreage: Approximately 6.14 acres Special Use Permit for: The development
of additional recreation uses, such as picnic
pavilions and, basketball court. Development
of a maintenance building, and
reconfiguration of grass stabilized parking.
Property is located in R-1, residential district.
TMP: TM: 91 P:16, TM: 91 P:16D By-right use: R-1 Residential (1 unit/acre)
Location: 1612 Scottsville Rd. (Route 20)
approx. 1 mile south of Mill Creek Drive (See
Attachments A & B)
Magisterial District: Scottsville Conditions: Yes EC: Yes
Proposal: Request to modify SP 03-91 Requested # of Dwelling Units: None
(reconfigure grass stabilized parking and
include future improvements, such as picnic
pavilions, maintenance building and
recreational areas).
DA (Development Area): Neighborhood 4 Comprehensive Plan Designation: Urban
Density Residential - residential (6.01-34
units/acre) and supporting uses such as
religious institutions, schools, commercial,
office and service uses.
Character of Property: The property is Use of Surrounding Properties: Single
currently being developed with the family homes on large parcels.
Headquarters building proposed with SP 03-
91 under construction.
Factors Favorable: Factors Unfavorable:
1. This is a relatively low impact 1. Recreational could
use to a residential area. uses
2. Provides pedestrian have elevated noise levels at
connections at the front of times.
the site.
3. The building and uses can
provide a neighborhood
center to the surrounding
community.
RECOMMENDATION: Staff recommends approval of Special Use Permit 2006-21 with
conditions and minor change to the revised plan.
1
PETITION
SP2006-021 Kappa Sigma International Headquarters Amendment (Sign #78)
PROPOSED: Request to modify SP 03-91(6.14 acres) (reconfigure grass stabilized parking and include
future improvements, such as picnic pavilions, maintenance building and recreational areas).
ZONING CATEGORY/GENERAL USAGE: R-l Residential (1 unit/acre)
SECTION: 13.2.2 (2) and 5.1.02 fraternal clubs
COMPREHENSIVE PLAN LAND USEIDENSITY: Urban Density Residential - residential (6.01-34
units/acre) and supporting uses such as religious institutions, schools, commercial, office and service uses.
Neighborhood 4
ENTRANCE CORRIDOR: Yes
LOCATION: 1612 Scottsville Rd. (Route 20) approx. 1 mile south of Mill Creek Drive
TAX MAP/PARCEL: 91/16 and 91/16D
MAGISTERIAL DISTRICT: Scottsville
CHARACTER OF THE AREA
The property is located on a rural section of Route 20 approximately two miles south of Charlottesville.
Surrounding properties are occupied by single family homes on large parcels. The site is currently being
developed with a building which is under construction and will be the international headquarters for the
Kappa Sigma fraternity organization.
SPECIFICS OF THE PROPOSAL
Kappa Sigma International Headquarters will be a meeting place and office for operations for the
headquarters of an international fraternity organization. The request is a modification to the existing special
use permit. This request reconfigures the grass stabilized parking and identifies improvements to the site
including picnic pavilions, a maintenance building and recreational areas.
PLANNING AND ZONING HISTORY
A special use permit (SP 2003-091) was approved on May 12, 2004 for the current use of an
administration/office building for the Kappa Sigma International Memorial Headquarters. (See
Attachments D and E) The property is zoned R-1. Prior to the current construction of the headquarters
building, a house with outbuildings was located on the property.
CONFORMITY WITH THE COMPREHENSIVE PLAN
The subject property is designated Urban Density on the Land Use Plan Map in Neighborhood Four.
SP 2003-091 states the following recommendation from the Development Area Profiles relative to this
property:
. Upgrade Route 20 and construct bicycle facilities and walkways in conjunction with these upgrades.
Determine the right-of-way requirements for these road upgrades and obtain and/or reserve right-of-
way as necessary.
This was addressed by a condition of approval with the previously approved SP. (See Attachment E)
Because the proposed uses are primarily related to additional recreation uses for an already approved
building and development, most of the principles of the Neighborhood Model have been assessed
previously. (See Attachment D, prior staff report)
STAFF COMMENT
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:
31.2.4.1: Special Use Permits providedfor in this ordinance may be issued upon afinding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent property,
2
.
The proposed recreational uses, grass stabilized parking, and maintenance buildings are not expected to have
extreme impacts on the adjacent properties. The recreation uses may create some elevated noise when in use.
In order to address these potential concerns, the applicant proposes landscape screening for these uses from
the adjacent property boundary. The recreational uses are also shown on the plan to be located or setback
from the adjacent properties by at least 50 feet and, in most cases, approximately 100 feet. The applicant also
proposes that the only new facility with lighting will be the inside of the picnic pavilions.
that the character of the district will not be changed thereby and
There will be some additional facilities added to this site. Staff believes that the uses are somewhat minimal
in nature and will not change the character of the district what has already changed with the construction of
the headquarters building.
that such use will be in harmony with the purpose and intent of this ordinance,
The R-l residential district allows clubs, lodges, civic, fraternal, patriotic by special use permit (Section
13.2.2). One intent of R-l districts is to provide incentives for clustering of development and provision of
locational, environmental and development amenities. Allowing the fraternal use in this area adds a
development amenity to this area. There are no neighborhood centers in this area. The closest one is
Monticello High School. The applicant has not said that the property could be used for public use, but there
is the potential for this building and property to provide an added center to this part of the County.
with uses permitted by right in the district,
Allowing the proposed activities in association with a fraternal organization use should be of low impact to
this residential area. The building under construction will act as an administration/office use. The recreation
uses will most likely be utilized for special events. The minimal impact of this use is viewed as compatible
with the residential uses allowed in the R-l District.
.
with the additional regulations provided in section 5.0 of this ordinance,
Sometimes the requirements of Section 5.1.16 for swim, golf and tennis clubs are imposed on additional and
somewhat similar uses:
5.1.16 SWIMMING, GOLF, TENNIS CLUBS
Each swimming, golf or tennis club shall be subject to the following:
a. The swimming pool, including the apron, filtering and pumping equipment, and any
buildings, shall be at least seventy-jive (75) feet from the nearest property line and at least one
hundred twenty-jive (125) feet from any existing dwelling on an adjoining property, except
that, where the lot upon which it is located abuts land in a commercial or industrial district,
the pool may be constructed no less than twenty-jive (25) feet from the nearest property line
of such land in a commercial or industrial district,'
b. When the lot on which any such pool is located abuts the rear or side line of, or is across the
street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be
erected or planted, so as to screen effectively said pool from view from the nearest property in
such residential district;
c. (Repealed 6-14-00)
d. The board of supervisors may, for the protection of the health, safety, morals and general
welfare of the community, require such additional conditions as it deems necessary, including
but not limited to provisions for additional fencing and/or planting or other landscaping,
additional setbackfrom property lines, additional parking space, location and arrangement of
lighting, and other reasonable requirements;
.
This use is not for swimming, golf, or tennis clubs, but the outdoor recreational uses are similar in
nature and could create elevated noise levels. As previously mentioned, the applicant has shown the
recreational uses on the plan to be setback from adjacent properties at least 50 feet and, in most cases,
approximately 100 feet. The applicant has also provided landscape screening in these areas adjacent to
residential uses. In terms of lighting, the applicant has indicated that the only proposed facilities that
3
will be lighted and readily visible are the inside of the picnic pavilions.
and with the public health, safety and general welfare.
The public health, safety, and general welfare of the community is protected through the special use permit
process which assures that uses approved by special use permit are appropriate in the location requested.
VDOT concerns have been addressed. (See Attachment F)
ARCHITECTURAL REVIW BOARD
The Architectural Review Board indicated that a formal review of the SP is not required, but they want to review the
site plan amendment for the proposed facilities.
SUMMARY:
Staff has identified the following factors favorable to this application:
1. This is a relatively low impact use to a residential area.
2. Provides pedestrian connections at front of the site.
3. The building and uses can provide a neighborhood center to the surrounding community.
Staff has identified the following factors unfavorable to this application:
1. Recreational uses could have elevated noise levels at times.
RECOMMENDED ACTION:
Staff notes that the applicant will need to make the following minor revision to the application plan prior to approval
by the Board of Supervisors:
. The labels indicating the number of total parking spaces and grass parking spaces need to be revised to reflect
the eliminated parking spaces. Change "32 SPACES (6 GRASS)" to "26 SPACES" and change "23 SPACES
(9 GRASS)" to "20 SPACES 6 GRASS)".
The applicant can complete this change between the Planning Commission public hearing and the Board of
Supervisors public hearing.
Based on the findings contained in this staff report, staff recommends approval of Special Use Permit 2006-
21 with the following conditions shown below and minor change as noted above:
(The following conditions amend the original SP conditions. Additions are shown in bold and deletions are
shown as strikethroughs)
!. The Kappa Sigma improvements and the scale and location of the improvements shall be
developed in general accord with the plan (Attachment C) entitled Kappa Sigma Fraternity
International Headquarters, prepared by Glave & Holmes Associates and dated September 20,
2006, revised November 7, 2006. The site shall be developed in general aeeord '.'lith the plans, entitled
Kappa sigma fraternity Headquarters, dated f.pril 2, 2004;
2. Lighting of the site shall be limited as follows:
it; Light levels at the property lines shall be no greater than 0.2 or 0.3 foot candles; btgflt
levels at the property line shall be no greater than .001 foot eandles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff fixtures;
e. Site and building illumination shall be limited to the satisfaction ofthe ARB; and
f. The only lighting for any recreational facility may only be inside the picnic pavilions.
Lighting shall be excluded from other recreational areas.
3. Final site plans shall show a reservation, or provide a note, for future vehicular and pedestrian
connections to adjacent parcels to the north and south;
4. A pedestrian connection from the future pedestrian/bike pathway on Route 20 into the site shall be
constructed no later than 10 years or sooner if Route 20 pathway is constructed. The pedestrian
4
.
.
.
path from Route 20 to the building and aligned along the travelway as shown on the revised
application plan, dated September 20,2006, revised November 7, 2006 shall be in accordance with
Chapter 6 of the Design Standards Manual. Final site plaas sAall SAm'.' a pedestrian oORnection from
the future pedestriafl/bike patlnvay on Route 20 into the site;
5. A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction ofVDOT;
6. Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to the
satisfaction of the ARB; and
7. The applicant shall construct public water service to the site via extension of the existing Albemarle
County Service Authority water line located on the west side of Route 20 and public sewer service via
extension of the existing Albemarle County Service Authority sewer line located along route 20 and the
Cow Branch Creek, generally as provided in the report entitled, Preliminary Engineering Report Water
and Sewer Facilities for Kappa Sigma Headquarters by Draper Aden Associates, dated march 30, 2004.
8. A plat to combine the parcels shall be submitted concurrent with the amended site plan submittal
or an SP will be required.
9. All grass parking areas will be "Grasspave" unless a product deemed equivalent is approved by
the county engineer.
10. The amended site plan will include manufacturers material specifications, requirements for installation,
provisions for watering (ex. sprinkler system, etc.), and maintenance requirements (ex. fertilizing,
watering, mowing, etc.) to the satisfaction of the county engineer.
ATTACHMENTS
Attachment A - Location Map
Attachment B - Vicinity Map
Attachment C - Plan dated September 20,2006, revised November 7, 2006
Attachment D - Planning Commission Staff Report dated April 27, 2004
Attachment E - Approval letter dated May 20, 2004
Attachment F - Electronic Correspondence from VDOT dated November 20, 2006
5
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STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
APRIL 27, 2004
MAY 12, 2004
KAPPA SIGMA INTERNATIONAL lVIEMORIAL FOUNDATION HEADQUARTERS
SP-03-91 FRATERNAL CLUB IN A R-1, RESIDENTIAL DISTRICT
BACKGROUND
The Planning Commission held a worksession on this application on March 16th. The applicant presented the
concept plan and staff presented questions to the commission, on the appropriateness ofthe use and the
potential impacts on the district and surrounding properties. The Commission concluded that the use could
be appropriate, but that further detail about the layout would ultimately determine its appropriateness,
particularly as it relates to adjacent residential properties. Further, the commission agreed that the scale of
the improvements could be made to work, ifit they were better oriented with Route 20 and the predominant
topography. There were two serious unanswered questions: 1) the entrance location and VDOT entrance
improvement requirements; and 2) the location of parking lots to adjacent residential properties. The
Commission recommended using porous paving or stabilized turf for those parking spaces closest to the
adjacent residential parcels. Finally, the Commission agreed with staff that connection to public utilities is
reasonable and that the sewer line should be extended using a gravity flow system.
CHANGES TO THE PLAN
The applicant has submitted a revised plan which includes the following changes (See Attachment E):
. They oriented the building better to Route 20;
. They differentiated future phases;
· They obtained approval from Zoning of their parking study (see Attachment B) which recommends 88
parking spaces. Of these, about half are shown as stabilized sod, located adjacent their residential
neighbors;
. They show a ped/bike pathway along Route 20; and
· They have provided a preliminary water and sewer report, which describes two options for providing
public utilities to the site.
,
LEGAL DESCRIPTION
Request for special use permit to allow the fraternal headquarters for Kappa Sigma International, in
accordance with Sections [13.2.2.2 and 5.1.02] ofthe Zoning Ordinance which allows for fraternal clubs.
The property, described as Tax Map 91 Parce116, contains 6.14 acres, and is zoned R -1 [Residential] and E-
C, [Entrance Corridor]. The proposal is located on Scottsville Road (Route 20), approximately one mile
south of Mill Creek Drive, in the Scottsville Magisterial District. The Comprehensive Plan designates this
property as Urban Density in Neighborhood 4. (See Locator Map as Attachment A)
RECOMMENDATION
Staff finds that the request for a fraternal club generally complies with the provisions of the Zoning
Ordinance and the Comprehensive Plan, and recommends approval of SP 03-91.
! I
1
Attachment D
.
.
.
*****
COMPREHENSIVE PLAN AND NEIGHBORHOOD MODEL
The subject property is designated Urban Density on the Land Use Plan Map in Neighborhood Four. Following is the
recommendation from the Development Area Profiles (page 58), relative to this property:
. Upgrade Route 20 and construct bicycle facilities and walkways in conjunction with these upgrades. Determine
the right-of-way requirements for these road upgrades and obtain and/or reserve right-of-way as necessary;
The Virginia Department of Transportation (VDOT) recommends that the applicant dedicate a minimum of25 feet of
additional right-of-way along Route 20. In their first review of the application, they were requiring left and right turn
lanes into the site which would require major work in Route 20. The applicant submitted a Turn Lane Warrant
Analysis to the Engineering Department and VDOT (See Attachment C). They revised their plan to show a 100 foot
taper into the site. VDOT has reviewed the material and agrees that the great majority of Kappa Sigma's traffic will be
coming from and going to the north, therefore, a left-turn lane into the site is not necessary, however a right turn lane
will be necessary. Therefore, as a condition of approval, the applicant shall satisfy VDOT requirements for an entrance
permit. The plan also also shows a ped/bike pathway along Route 20, to be constructed upon demand of the County.
Neighborhood Model
The following analysis addresses conformity with the twelve principles of the Neighborhood Model:
Pedestrian The concept plan includes a ped/bike pathway along the frontage of Route 20. The
Orientation design and timing of construction of the pathway should be coordinated with other
improvements in the right of way. The plan also shows a sidewalks around the
building and a trail around the front lawn. Provision should be made to allow access
into the site from the pedlbike pathway along Route 20, potentially from the
proposed trail.
Neighborhood Not Applicable.
Friendly Streets
and Paths
Interconnections Vehicular and pedestrian connections to adjacent properties should be shown, such
that if a signaled intersection is constructed north or south of the site, Kappa Sigma
will have access to it in the future, when traffic on Route 20 increases.
Parks and Open The plan shows terraced gardens and future picnic pavilions and walking trail.
Space
Neighborhood This site is within a portion of the Development Areas which has not been developed
Centers to it's potential, therefore, the closest neighborhood center may be the City of
Charlottesville.
12-
Attachment D
2
Buildings and The Architectural Review Board application will include building elevations and a
Spaces of Human detailed landscape plan to ensure consistency with the Entrance Corridor guidelines.
Scale
Relegated The parking is mostly relegated behind structures and staff believes with ARB
Parking guidelines regarding screening of parking areas, this criterion can be met.
Mixture of Uses This is a very specific use which does not benefit from a mix of uses. There are
residential properties surrounding the site although they will likely not benefit from
this use.
Mix! Housing Not Applicable.
Types
Redevelopment Not Applicable.
Site Planning With the revised layout, this criterion has been met.
that Respects
Terrain
Clear Boundaries A significant issue for the Rural Areas across the street will be lighting. This site is
w / Rural Areas currently surrounded by no commercial lighting of any kind, therefore, whatever
lighting is installed has the potential to create a great impact. Therefore, staff
proposes conditions below which address this criterion.
Entrance Corridor
The application has been before the Architectural Review Board for advisory comments regarding their
special permit application. The ARB voted 4-0, expressing no objection to the special permit, subject to the
following conditions:
. Site and building illumination shall be limited to the satisfaction ofthe ARB.
. Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to the
satisfaction ofthe ARB.
The ARB made the following suggestion for the conceptual plan, for the benefit of the applicant's
preliminary site plan submittal.
In addition to all requirements of the ARB Preliminary Site Plan Review Checklist, please provide:
. A brick screen and vegetation to eliminate visibility of the dumpster area;
/'J
Attachment D
3
.
.
.
· A lighting plan that shows minimal site and building illumination (in terms of both number and
intensity). Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff
fixtures;
. Eliminate visibility of the 7 -space parking lot;
· Provide a plant schedule that identifies the proposed trees and shrubs (botanical and common name)
and plant caliper and height;
· Propose different types of plant materials that share similar characteristics;
· Provide large shade trees at the comers ofthe building and add foundation shrubs;
· Show that visibility of mechanical equipment will be eliminated from the Entrance Corridor;
· Carefully consider all signage for the site and building; and
· Show that illumination of the cupola will be limited and appropriate to the site.
STAFF COMMENT
The revised concept plan has been reviewed by members of the Site Review Committee, which recommends
approval of the special permit. The only remaining issues are: 1) public utilities, 2) vehicular and pedestrian
connections on-site, and 3) lighting.
Public Utilities
The applicant presented an analysis of water and sewer service alternatives, provided as Attachment D. The
County policy states that new development within the jurisdictional area for water and sewer should be
required to connect. The applicant would prefer to connect to the public water via extension of the water
line located on the west side of Route 20 and public sewer by pump station and a 3" force main, which is
referred to in their report, on page 4, as "Solution #1". Staff believes the best alternative is what is referred
to as "Solution #2", which includes public water service via extension of the existing Albemarle County
Service Authority water line and public sewer service via extension of existing ACSA sewer line located
along Route 20 and Cow Branch Creek. This provides a public connection, which can serve this site and
future development in this part of the Development Area. Staff has been in contact with another property
owner interested in utilizing the sewer line and believes a cost-sharing agreement may be possible.
Vehicular and Pedestrian Connections
Staff asked the applicant to show vehicular and pedestrian connections to the adjoining parcels to the north
and south and to the ped/bike pathway along Route 20. The applicant is interested in securing a private
entrance and is not interested in sharing access with adjoining parcels. The comprehensive plan calls for
pedestrian and vehicular connections in the Development Areas, wherever feasible. However, since the
adjacent parcels are not likely to develop in the near future, staffis willing to accept reservations for future
vehicular connections and a pedestrian connection to the ped/bike pathway on Route 20.
Lighting
This site is located in a dark part of the County, therefore any new lighting will have a dramatic effect. Staff
believes that the site should be lit with mostly residential-type lighting except within parking lots and along
sidewalks where safety may be a concern. To this end, staff proposes strict restrictions on the use of lighting
as described below.
\4-
4
Attachment D
RECOMMENDATION WITH CONDITIONS
Staff finds that the request for a fraternal club generally complies with the provisions of the Zoning
Ordinance and the Comprehensive Plan, and recommends approval of SP-03-91, with the following
conditions:
1. The site shall be developed in general accord with the plans, entitled Kappa Sigma Fraternity
Headquarters, dated Apri12, 2004;
2. Lighting of the site shall be limited as follows:
a. Light levels at the property line shall be no greater than 0.001 foot candles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full
cutoff fixtures; and
e. Site and building illumination shall be limited to the satisfaction of the ARB.
3. Final site plans shall show a reservation for future vehicular and pedestrian connections to adjacent
parcels to the north and south;
4. Final site plans shall show a pedestrian connection from the ped/bike pathway on Route 20 into the
site;
5. A right turn and taper shall be constructed at the entrance in Route 20' to the satisfaction ofVDOT;
6. Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor to
the satisfaction of the ARB; and
7. The Applicant shall construct public water service to the site via extension of the existing Albemarle
County Service Authority water line located on the west side of Route 20 and public sewer service
via extension of the existing Albemarle County Service Authority sewer line located along Route 20
and the Cow Branch Creek, generally as provided in the report entitled, Preliminary Engineering
Report Water and Sewer Facilities for kappa Sigma Headquarters by Draper Aden Associates, dated
March 30, 2004.
-
IS
Attachment D
5
.
.
.
ATTACHMENTS
ATTACHMENT A:
ATTACHMENT B:
ATTACHMENT C:
ATTACHMENT D:
ATTACHMENT E:
Locator Maps
Turn Lane Warrant Analysis
Parking Study
Preliminary Engineering Report Water and Sewer Facilities
Concept Plan, entitled Kappa Sigma Fraternity Headquarters, dated
April 2, 2004
J~
6
Attachment D
COUNTY OF ALBEMARLE
Department of Community Development
Planning
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
May 20, 2004
Lori Garrett
Glave & Holmes Associates
801 E. Main Street, Suite 300
Richmond, VA 23219
RE: SP-03-91 Kappa Sigma International Memorial Headquarters; Tax Map 91, Parcel 16
Dear Ms. Garrett:
The Albemarle County Board of Supervisors, at its meeting on May 12, 2004, by a vote of 6:0, approved
the above-noted request to allow the fraternal headquarters for Kappa Sigma International in accord with
Sections 13.2.2.2 & 5.1.02 of the Zoning Ordinance. Please note that this approval is subject to the
following conditions:
1. The site shall be developed in general accord with the plans, entitled Kappa Sigma Fraternity
Headquarters, dated April 2, 2004;
2. Lighting of the site shall be limited as follows:
a. Light levels at the property line shall be no greater than 0.001 foot candles;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole lights;
d. Utilize bollard type lights in place of pole lights whenever possible. Use only full cutoff
fixtures; and
e. Site and building illumination shall be limited to the satisfaction of the ARB.
3. Final site plans shall show a reservation, or provide a note, for future vehicular and pedestrian
connections to adjacent parcels to the north and south;
4. Final site plans shall show a pedestrian connection from the future pedestrian/bike pathway on
Route 20 into the site; .
5. A right turn and taper shall be constructed at the entrance in Route 20 to the satisfaction of
VDOT;
6. Landscaping shall be provided to limit the impact of the storm water area on the Entrance Corridor
to the satisfaction of the ARB; and
7. The Applicant shall construct public water service to the site via extension of the existing
Albemarle County Service Authority water line located on the west side of Route 20 and public
sewer service via extension of the existing Albemarle County Service Authority sewer line located
along Route 20 and the Cow Branch Creek, generally as provided in the report entitled,
Preliminary Engineering Report Water and Sewer Facilities for kappa Sigma Headquarters by
Draper Aden Associates, dated March 30, 2004.
In the event that the use, structure or activity for which this special use permit is issued shall not be
commenced within twenty-four (24) months after the issuance of such permit, the same shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, II
the term "commenced" shall be construed to include the commencement of construction of any structure
necessary to the use of such permit within two (2) years from the date of the issuance.
Attachment E
.
.
.
Page 2
May 20,2004
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the
Zoning Department will issue a clearance, you must comply with the conditions in this letter. For further
information, please call Jan Sprinkle at 296-5832.
If you should have any questions or comments regarding the above-noted action, please do not hesitate to
contact me.
Sincerely,
~
David B. Benish
Chief of Planning
DBB/jcf
Cc:
Amelia McCulley
T ex Weaver
Jack Kelsey
Steve Allshouse
If
Attachment E
FW: SP-2006-21 Kappa Sigma
Page 1 0[2
Claudette Grant
From: Denunzio, Joel D., P.E. [JoeI.Denunzio@VDOT.virginia.gov]
Sent: Monday, November 20,20061 :29 PM
To: Claudette Grant
Subject: FW: SP-2006-21 Kappa Sigma
Claudette,
It looks like our comments have been addressed with this revision and I have nothing additional.
Thanks,
Joel
Joel DeNunzio, P.E.
Residency Program Manager
434-293-0011 Ext. 120
ioel.denu nzio@VirqiniaDOT.orq
From: Denunzio, Joel D., P.E.
Sent: Wednesday, October 25,2006 1:46 PM
To: 'cgrant@albemarle.org'
Subject: SP-2006-21 Kappa Sigma
SP-2006-21 Kappa Sigma
Claudette,
We have reviewed the revised plan for the above site and have the following comments:
. The sight distances are not shown properly.
. The gravel drive access to this site needs to be closed. The only access can be the entrance that has
been previously approved and permitted.
If you have any questions, please contact me.
Thanks,
Joel
Joel DeNunzio, P.E.
Residency Program Manager
434-293-0011 Ext. 120
I~
Attachment F
11/20/2006
Albemarle County Planning Commission
December 5, 2006
The Albemarle County Planning Commission held a meeting and a public hearing on
Tuesday, December 5, 2006, at 6:00 p.m., at the County Office Building, Second Floor,
Auditorium, Second Floor, 401 Mcintire Road, Charlottesville, Virginia. Members
attending were Eric Strucko, Jon Cannon, Marcia Joseph, Chairman, Bill Edgerton
(arrived at 6:12 p.m.), Duane Zobrist and Pete Craddock. Absent was Calvin Morris,
Vice-Chairman. Julia Monteith, Senior Land Use Planner for the University of Virginia,
representative for David J. Neuman, FAIA, Architect for University of Virginia was
absent.
Other officials present were Wayne Cilimberg, Planning Director; Gerald Gatobu, Senior
Planner, David Benish, Chief of Planning; Amelia McCulley, Zoning and Current
Development Director/Zoning Administrator; Bill Fritz, Chief of Current Development;
Claudette Grant, Senior Planner; Sean Dougherty, Senior Planner; Judith Wiegand,
Senior Planner; David E. Pennock, Principal Planner and Greg Kamptner, Deputy
County Attorney.
Call to Order and Establish Quorum:
Ms. Joseph called the regular meeting to order at 6:09 p.m. and established a quorum.
Public Hearing Item:
SP-2006-021 Kappa Sigma International Headquarters Amendment (Sian #78)
PROPOSED: Request to modify SP 03-91(6.14 acres) (reconfigure grass stabilized
parking and include future improvements, such as picnic pavilions, maintenance
building and recreational areas).
ZONING CATEGORY/GENERAL USAGE: R-1 Residential (1 unit/acre)
SECTION: 13.2.2 (2) and 5.1.02 fraternal clubs
COMPREHENSIVE PLAN LAND USE/DENSITY: Urban Density Residential -
residential (6.01-34 units/acre) and supporting uses such as religious institutions,
schools, commercial, office and service uses. Neighborhood 4
ENTRANCE CORRIDOR: Yes
LOCATION: 1612 Scottsville Rd. (Route 20) approx. 1 mile south of Mill Creek Drive
TAX MAP/PARCEL: 91/16 and 91/16D
MAGISTERIAL DISTRICT: Scottsville
STAFF: Claudette Grant
Ms. Grant gave a power point presentation and summarized the staff report.
o The property is located at 1612 Scottsville Road (Route 20). The request is to
modify SP-2003-91. The applicant would like to reconfigure grass stabilized
parking and include future improvements such as picnic pavilions, maintenance
building and recreational areas, such as basketball courts and horseshoe pits.
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 5, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-21 KAPPA SIGMA
1
o The property is currently being developed with the headquarters building that
was proposed and approved with SP-2003-91. The building is currently under
construction. The property is located in R-1, Residential District.
o Staff has identified the following factors as favorable for this application:
. This is a relatively low impact use to a residential area. It provides
pedestrian connection to the front of the site. The building and uses can
provide a neighborhood center to the surrounding community.
o Staff has identified the following factor as unfavorable:
. The recreational uses could have elevated noise levels at times.
. Staff notes that the applicant will need to make a minor revision to the plan
as noted in the staff report. This change can be done between the
Planning Commission public hearing and the Board of Supervisors public
hearing.
o Staff sent revisions to the conditions to the Commission. Staff made a few
changes as noted in red on the copy. Staff recommends approval of this special
use permit with conditions with the minor change.
Ms. Joseph asked if there were any questions for Ms. Grant.
Mr. Craddock noted that it says in the staff report that the applicant has not said that the
property could be used for public use. The Old Kappa Sigma was used on occasion by
outside groups. He wondered if adding these pavilions and basketball area would
change that or has there been any expression of allowing outside groups to use the
facilities.
Ms. Grant suggested that the applicant could address that better. But, it was her
understanding that they would not necessarily have outside people come in and use the
site.
Mr. Craddock said that he would assume that all of the downstream water mitigations,
erosion would all be taken care of for this addition as well.
Ms. Grant replied yes, that is correct.
There being no further questions for staff, Ms. Joseph opened the public hearing and
invited the applicant to address the Commission.
Lance Code, with Draper Aden, said that he was the civil engineer and representing the
applicant. Someone is someone is present from Kappa Sigma, but he was present to
answer any questions. The question they had is better suited for Mr. Wilson, but his
understanding is that the intent that this would serve Kappa Sigma in their functions.
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 5, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-21 KAPPA SIGMA
2
Mr. Craddock asked if it would be no public use or not rental of the property at all.
Mr. Code asked Mr. Wilson to come forward to address that question.
Nick Williams, of Kappa Sigma, said that much like they have done in the past they are
very community oriented and if they had a group that requested to use our facilities they
certainly would take that into consideration. In their previous location they used that for
a voter's poll and for the garden club to meet. Therefore, he felt that they would take
that into consideration or maybe some of the inside rooms as well.
Ms. Joseph noted that there were a couple of instances in staff report where they
referenced the lighting. It appears that there will only be lighting underneath a roof
somewhere. She asked if they were anticipating anything happing at night out there
such as basketball games.
Mr. Wilson replied no, that when it turned night any activities would be more towards
their building. They have an auditorium in the top of that structure that seats 300
people. A lot of the folks that they have coming will be officers and alumni who would
probably rather be inside for those types of activities.
Ms. Joseph invited public comment. There being none, the public hearing was closed
and the matter before the Commission.
Mr. Craddock supported the request because it is a great improvement to the property.
He made a motion for approval of SP-2006-021, Kappa Sigma.
Mr. Zobrist seconded the motion.
Mr. Edgerton noted that his older brother was a member of the Kappa Sigma, but that
he did not have a conflict of interest.
Mr. Joseph noted that she liked to see people encouraging outdoor activities.
Mr. Kamptner assumed that the motion includes the revised conditions handed out by
staff. He made one additional suggestion. In condition 2f the word "only" is in there
twice. He suggested that the first "only" be deleted.
Mr. Craddock accepted the amendment.
Motion: Mr. Craddock moved, Mr. Zobrist seconded, to approve the applicant's request
for SP-2006-021, Kappa Sigma International Headquarters Amendment, subject to
staffs recommended conditions, as amended in staffs hand out received on December
5.
Staff notes that the applicant will need to make the following minor revision to the
application plan prior to approval by the Board of Supervisors:
· The labels indicating the number of total parking spaces and grass parking
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 5, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-21 KAPPA SIGMA
3
spaces need to be revised to reflect the eliminated parking spaces. Change "32
SPACES (6 GRASS)" to "26 SPACES" and change "23 SPACES (9 GRASS)" to "20
SPACES 6 GRASS)".
The applicant can complete this change between the Planning Commission public
hearing and the Board of Supervisors public hearing.
Based on the findings contained in this staff report, staff recommends
approval of Special Use Permit 2006-21 with the following conditions shown
below and minor change as noted above:
(The following conditions amend the original SP conditions. Additions are
shown in bold and deletions are shown as strikethroughs)
~ The Kappa Sigma improvements and the scale and location of the
improvements shall be developed in general accord with the plan
(Attachment C) entitled Kappa Sigma Fraternity International
Headquarters, prepared by Glave & Holmes Associates and dated
September 20, 2006, revised November 7, 2006. The site shall be
developed in general accord with the plans, entitled Kappa sigma
Fraternity Headquartem, dated April 2, 2004;
2. Lighting of the site shall be limited as follows:
&; Light levels at the property lines shall be no greater than 0.3
foot candles; Light levels at the property line shall be no greater
than .001 foot candleo;
b. No flood lighting of the building is permitted;
c. Only the parking lot north of the building shall be allowed pole
lights;
d. Utilize bollard type lights in place of pole lights whenever possible.
Use only full cutoff fixtures;
e. Site and building illumination shall be limited to the satisfaction of
the ARB; and
f. The lighting for any recreational facility may only be inside
the picnic pavilions. Lighting shall be excluded from other
recreational areas.
3. Final site plans shall show a reservation, or provide a note, for future
vehicular and pedestrian connections to adjacent parcels to the north and
south;
4. A pedestrian connection from the future pedestrian/bike pathway on
Route 20 into the site shall be constructed with the site
improvements. The pedestrian path (from Route 20 to the building
and aligned along the travelway as shown on the revised application
plan, dated September 20,2006, revised November 7, 2006) shall be
constructed in accordance with Chapter 6 of the Design Standards
Manual. Final site plans shall shO'v\' a pedeGtrian connection from the
future pedestrian/bil<c pathway on Route 20 into the site;
5. A right turn and taper shall be constructed at the entrance in Route 20 to
the satisfaction of VDOT;
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 5, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-21 KAPPA SIGMA
4
6. Landscaping shall be provided to limit the impact of the storm water area
on the Entrance Corridor to the satisfaction of the ARB; and
7. The applicant shall construct public water service to the site via extension
of the existing Albemarle County Service Authority water line located on
the west side of Route 20 and public sewer service via extension of the
existing Albemarle County Service Authority sewer line located along
route 20 and the Cow Branch Creek, generally as provided in the report
entitled, Preliminary Engineering Report Water and Sewer Facilities for
Kappa Sigma Headquarters by Draper Aden Associates, dated march 3D,
2004.
8. A plat to combine the parcels shall be submitted concurrent with the
amended site plan submittal or an SP will be required.
9. All grass parking areas shall be "Grasspave" unless a product
deemed equivalent is approved by the county engineer and the
amended site plan shall include "Grass pave" manufacturers
material specifications, requirements for installation, provisions for
watering (ex. sprinkler system, etc.), and maintenance requirements
(ex. fertilizing, watering, mowing, etc.) to the satisfaction of the
county engineer.
The motion carried unanimously (6:0). (Commissioner Morris was absent.)
Ms. Joseph stated that SP-2006-021, Kappa Sigma International Headquarters
Amendment, will go to the Board of Supervisors on January 10 with a recommendation
for approval.
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 5, 2006
DRAFT MINUTES - PARTIAL SET FOR SP-2006-21 KAPPA SIGMA
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RESOLUTION OF SUPPORT FOR HB 2503
REGARDING TRANSFER OF DEVELOPMENT RIGHTS (TOR)
ENABLING LEGISLATION
WHEREAS, the County of Albemarle's citizens have overwhelmingly indicated
that they support measures designed to reduce the amount of development that occurs
in our Rural Areas; and
WHEREAS, the County of Albemarle has endeavored to adopt a range of
policies and regulations intended to protect the economic, cultural, and natural resources
of Albemarle County's Rural Areas; and
WHEREAS, the Virginia General Assembly in 2006 enacted enabling legislation
allowing local governments to establish Transferable Development Rights programs that
would make it possible for development to occur in a more desirable manner; and
WHEREAS, the aforementioned TDR enabling legislation included certain
language that may limit Albemarle County's opportunities to implement a successful
TDR program;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby expresses its support of any effort by the General Assembly to
increase the opportunities for local governments to implement effective TOR programs,
including but not limited to such modifications of the existing enabling legislation
reflected in HB 2503, a draft of which is attached hereto.
I, Ella W. Carey, do hereby certify that the foregoing writing is a true and correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a
vote of six to zero, as recorded below, at a meeti held on January 10, 2007.
Mr. Boyd
Mr. Oorrier
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Mr. Wyant
Ave Nay
y
y
y
y
y
y
Ul.ll.UI ':UU I l.U; U I I'1\A OU'f (ODDJl.U
V1\ nuu~n UI' UnLnu1\l.n~
Ll!:JUU':
07 - 3273232
12/19/20067:56 AM
Kevin Stokes
SENATE BILL NO.
HOUSE BILL NO.
1 A BILL to amend and reenact ~ 15.2-2316.1 of the Code of Virginia, relating to transfer of development
2 rights.
3 Be it enacted by the General Assembly of Virginia:
4 1. That ~ 15.2-2316.1 ofthe Code of Virginia is amended and reenacted as follows:
5 ~ 15.2-2316.1. Definitions.
6 As used in this article, the term:
7 "Development rights" means the permitted uses and density of development that would be
8 allowed on the sending property under any local zoning ordinance of a locality in effect on the date an
9 application is submitted pursuant to this article unless otherwise defined in an ordinance adop.ted
10 pursuant to ~ 15.2-2285.
11 "Receiving area" means an area identified by an ordinance and designated by the comprehensive
12 plan as an area authorized to receive development rights transferred from a sending area.
13 "Receiving property" means a lot or parcel within which development rights are increased
14 pursuant to a transfer of development rights. Receiving property shall be appropriate and suitable for
15 development and shall be sufficient to accommodate the transferable development rights of the sending.
16 property.
17 "Sending area" means an area identified by an ordinance and designated by the comprehensive
18 plan as an area from which development rights are authorized to be transferred to a receiving area.
19 "Sending property" means a lot or parcel that a locality deems necessary to limit future
20 development in accordance with the ordinance adopted in subsection C of ~ 15.2-2316.2.
21 "Transfer of development rights" means the process by which development rights from a sending
22 property are affixed to one or more receiving properties.
23 #
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I
.__..__.J..__ _____.... .. .
--lYj ~. .
01/10/2007 10:08 FAX 804 7866310
VA HOUSE OF DELEGATES
~003
12/19/2006 7:56:00 AM
07 - 3273232
SUMMARY
Transfer of development rights. Amends the definition of "development rights" for purposes of the
law authorizing the transfer of development rights.
3
RESOLUTION OF SUPPORT FOR HB 2503
REGARDING TDR ENABLING LEGISLATION
WHEREAS, the County of Albemarle's citizens have ovelWhelmingly indicated
that they support measures designed to reduce the amount of development that occurs in
our Rural Areas; and
WHEREAS, the County of Albemarle has endeavored to adopt a range of
policies and regulations intended to protect the economic, cultural, and natural resources
of Albemarle County's Rural Areas; and
WHEREAS, the Virginia General Assembly in 2006 enacted enabling legislation
allowing local governments to establish Transferable Development Rights programs that
would make it possible for development to occur in a more desirable manner,; and
WHEREAS, the aforementioned TDR enabling legislation included certain
language that may limit Albemarle County's opportunities to implement a successful
TDR program;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of .
Supervisors hereby expresses its support of any effort lny the General Assembly to C i)( rt J, c ~
increase the opportunities for local governments to implement effective TDR programs,
including but not limited to such modifications of the existing enabling legislation
reflected in HB 2503, a draft of which is attached hereto.
I . ! 0 . 07
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