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HomeMy WebLinkAboutSP201300012 Application 2013-04-16 Albemarle Cout, ..V Community Development Department 401 McIntire Road Charlottesville,VA 22902-4596 Planning Application Voice:(434)296-5832 Fax:(434)972-4126 (PARCEL/ OWNER INFORMATION TMPI 06300-00-00-014I0 Owner(s): RUSHTON, CAROLYN BOLEN C/O CAROLYN BOLEN Application # SP201300012 WARREN PROPERTY INFORMATION Legal Description ACREAGE C Magisterial Dist. Rivanna Land Use Primary Residential --Single-family (incl. modular homes) Current AFD Eastham Current Zoning Primary Rural Areas APPLICATION INFORMATION Street Address 841 WOLF TRAP RD CHARLOTTESVILLE, 22911 Entered By Application Type Special Use Permit Todd Shifflett 104/16/2013 Project (Les Yeux Du Monde-Art Gallery Received Date 04/15/13 Received Date Final Submittal Date 04/15/13 Total Fees 2000 Closing File Date Submittal Date Final Total Paid Revision Number Comments ARS OK Legal Ad SUB APPLICATION(s) Type ( Sub Applicati I Comment New Special Use Permit 04/15/13 'APPLICANT/ CONTACT INFORMATION ContactT Name I XPe Address 6 CityState Zip I Phone PhoneCell Owner/Applicant s RUSHTON, CAROLYN BOLEN C/O CAROL 1841.WOLF TRAP.ROAD: CHARLOTTESVILL Fl 22911 Primary Contact LYN WARREN 841 WOLF TRAP RD. CHARLOTTESVILL 22911 4348822620 Signature of Contractor or Authorized Agent Date FOR OFFICE LSE ONLY SP# Name' SIGN 4 __ Fee Amount S Date Paid By o! ito:Tios 4 rgOZ Bs ZONING ORDINANCE SECTION /C). a. J e) —Application for �® ti Special Use Permit J IMPORTANT: Your application will be considered INCOMPLETE until all of the required attachments listed on page 2 have been submitted. Also,please see the list on page 3 for the appropriate fee(s)related to your application. Staff will assist you with these items. PROJECT NAME:(how should we refer to this application?) LgS Yeoo d� f�lonA e_ PROPOSAL/REQUEST: A.r+ a�`e tr ZONING ORDINANCE SECTION(S): 10 . 2,. Z . 3 EXISTING COMP PLAN LAND USE/DENSITY: 0.9 r t c \'k—v re—\ LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT: 9141 TAX MAP PARCEL(s): CD<0'3CC)—©O— 00— d9 z.o) \ 4-[ ZONING DISTRICT: Pray le 14ve..4 (=ores f.f ( ' r0.\ #OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion,it must be delineated on a plat): L 0.c IIs this an amendment to an existing Special Use Permit?If Yes provide that SP Number.SP- ❑YES 1E60 Are you submitting a preliminary site plan with this application? I ®"Y-ES ❑NO Contact Person(Who should w e call/write concerning this project?): L.S1ipt V j' Address ¶4 S W c- Tr RA City a tvw11.4 esvt t' r State 7A- Zip 22911 Daytime Phone(43(t) Era.-u LA Fax#( ) E-mail Lege✓)(4.6 0 ct ol. Owner of Record CA.roKtt Cl ik) �levt Warn eo. Cfory erly y �3p�K RUS\}faw) Address s arvs l ea_‘caCtV-e,.- City State Zip Daytime Phone( ) Fax#( ) E-mail Applicant(Who is the Contact person representing?): L1. \N'cax-v- r1 Address Setw.._ ea% l��evt City State Zip Daytime Phone( ) Fax#( ) E-mail LtsYwicl-ed:.ei_eeo\. .:.e ,-. Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers: V\ O FOR OFFICE USE ONLY History: ❑ Special Use Pennits:__-._-- ❑ EfitAs&Proffers:-- - - - -- — Concurrent review of Site Development Plan? ❑YES ❑NO Letter of Autborizstion ❑YES El NO County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 Voice:(434)296-5832 Fax:(434)972-4126 Revised 04/01/2013 Page 1 of 3 REQUIRED ATTACHMENTS&O,,w„a1,INFORMATION TO BE PROVIDED..../THE APPLICATION TO BE OFFICIALLY SUBMITTED 13/One(1)completed&shined copy of the Checklist for the Concept Plan for a Special Use Permit. 1 Seventeen(17)folded copies of a Concept Plan. a Seventeen(17)copies of a narrative with section TITLES as follows: • PROJECT PROPOSAL The project proposal,including o its public need or benefit; o how the special use will not be a substantial detriment to adjacent lots, o how the character of the zoning district will not be changed by the proposed special use,and o how the special use will be in harmony with the following; • the purpose and intent of the Zoning Ordinance, • the uses permitted by right in the zoning district, • the regulations provided in Section 5 of the Zoning Ordinance as applicable,and • the public health,safety and general welfare. (be as descriptive as possible,including details such as but not limited to the number of persons involved in the use,operating hours,and any unique features of the use) • CONSISTENCY WITH COMPREHENSIVE PLAN The proposed project's consistency with the comprehensive plan,including the land use plan and the master plan for the applicable development area; • IMPACTS ON PUBLIC FACILITIES&PUBLIC INFRASTRUCTURE The proposed project's impacts on public facilities and public infrastructure. • IMPACTS ON ENVIRONMENTAL FEATURES �-y� The proposed project's impacts on environmental features. lr One(1)copy of the most recent recorded plat,that shows the Deed Book/Page Number,of the parcel(s) composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed project,both of which shall include a metes and bounds description of the boundaries. ❑ One(1)copy of ownership information(if applicant is not also the owner). 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 corporation,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 purchaser,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 the agency. Please attach the owner's written consent. ee Attachment A in the Land Use Law Handbook for more information. c)(L l Any delinquent real estate taxes,nuisance charges,stormwater management utility fees,and any other charges that constitute a lien on the subject property,which are owed to the County of Albemarle and have been properly assessed against the subject property,have been paid. ❑ Other special studies or documentation,if applicable,and any other information identified as necessary by the county at the required pre-application meeting.List here: PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF FROM THE LINK BELOW: STAFF ANALYSIS OF ZMA& SP REOUESTS Special Use Permit Application Revised 04101'2013 Page 2 of 3 Owner/Applicant Must Read and Sign I hereby 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 information provided on this application and accompanying information is accurate,true,and correct to the best of•y knowledge. /�� / ://-a" //ks/i3 Signatur of Owner/Agent or Contract Purchaser Date l t ' c4✓a)tp✓) C�..r ) 1/x/0.tr r-e c1 L-F '1—Print Name JJ / Daytime phone number of Signatory Required FEES to be paid once the application is deemed complete: What type of Special Use Permit are you applying for? ® New Special Use Permit I $2,000 ❑ Additional lots under section 10.5.2.1 $1,000 ❑ Public utilities $1,000 ❑ Day care center $1.000 ❑ Home Occupation Class B $I,000 ❑ To amend existing special use permit $1,000 ❑ To extend existing special use permit $1,000 ❑ Fanner's markets without an existing commercial entrance approved by the VDOT or without existing and adequate parking $490 ❑ Farmer's markets with an existing commercial entrance approved by the VDOT and with existing and adequate parking $110 ❑ Signs under section 4.15.5(reviewed by the Board of Zoning Appeals) I $500 To be paid after staff review for public notice: Most applications for a Special Use Permit require at least one public hearing by the Planning Commission and one public hearing by the Board of Supervisors. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. Therefore,at least two fees for public notice are required before a Special Use Permit may be heard by the Board of Supervisors. Applications reviewed by the Board of Zoning Appeals,however,only require one public hearing and therefore require just one fee for public notice. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between$350 and$450 per hearing. This estimate reflects the average cost of public notice fees for Special Use Permit applications,but the cost of certain applications may be higher. Preparing and mailing or delivering up to fifty(50)notices $200+actual cost of first-class postage ➢ Preparing and mailing or delivering each notice after fifty(50) $L00 for each additional notice+actual cost of first-class postage ➢ Legal advertisement(published twice in the newspaper for each public hearing) Actual cost (averages between$150 and$250) Other FEES that may apply: ❑ Deferral of scheduled public hearing at applicant's request I $180 Resubmittal fees for original Special Use Permit fee of$2,000 ❑ First resubmission FREE ❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $1,000 Resubmittal fees for original Special Use Permit fee of$1,000 ❑ First resubmission FREE ❑ Each additional resubmission(TO BE PAID WHEN THE RESUBMISSION IS MADE TO INTAKE STAFF) $500 The full list of fees can be found in Section 35 of the Albemarle County Zoning Ordinance. Special Use Permit Application Revised 04/01/2013 Page 3 of 3 SPECIAL USE cRMIT CHECKLIST for ,... Planner: David Benish Les Yeux du monde(Carolyn Warren), TMP 63-141 Project Name/Tax Map Parcel Number 296-5832 (ext 3251) After the mandatory pre-application meeting, county staff will mark this checklist appropriately so that it is clear to the applicant the information from Section 33.4 (c)that must be submitted with the official application Required for Provided with application? application (County Staff) (Applicant) SECTION 33.4(c) X X [SEE STAFF COMMENTS IN RED PRINT/Italics] YES NO X A narrative of the project proposal,including its public need or benefit; As provided at the 4/8/13 pre-application meeting, with updates and corrections as needed and discussed(clarifying frequency of exhibitions, number of artist at exhitions. X A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; X A narrative of the proposed project's impacts on public facilities and public infrastructure. X A narrative of the proposed project's impacts on environmental features. X A narrative of the proffers proposed to address impacts from the proposed project. X One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; X A conceptual plan showing,as applicable: Sketch level drawing acceptable X 1)the street network,including circulation within the project and connections to X existing and proposed or planned streets within and outside of the project;sketch plan should identify entrance location and access road X 2)typical cross-sections to show proportions,scale and streetscape/cross- sections/circulation; X 3)the general location of pedestrian and bicycle facilities; X 4)building envelopes; show/delineate building(s)to be where the use is proposed to take place, or any other areas on the site(outdoor areas,if any) X 5)parking envelopes; SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2 X 6)pub!' aces and amenities; X 7)areas to be designated as conservation and/or preservation areas; X 8)conceptual stormwater detention facility locations; X 9)conceptual grading; X Other special studies or documentation, if applicable,and any other information identified as necessary by the county on the pre-application comment form. Document the community meeting process that you have already held, including: • Describe type method of communication(sample letter distributed, any other methods used) • List or map of residences/area notified • timeframe(dates)for notification and meeting/feedback venue for public • Type of input process(open house, community meeting,petition, etc.) • The number of those who responded/those who did not respond • Provide comments received from process • Note and future process with community/neighbors, if any k c.tti,ret.kutlel 0 v,1Lv s -46) c'kJ Please note: There are additional submittal requirements outlined on the official application for a Special Use Permit. Read and Sign I hereby state that,to the best of my knowledge,the official application submitted contains all information marked on this checklist as required for application. `{/t /13 Signature of person completing this checklist Date Cmrv!jh ( �-y N� lAJar r Li — 8 2-2_6 2-0 Print Name / Daytime phone number of Signatory SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2 Project Proposal for Les Yeux du Monde (LYDM) Gallery, 841 Wolf Trap Road,submitted by Lyn Warren: This application is for a Special Use permit for an art gallery at 841 Wolf Trap Road in Charlottesville. This space would be dedicated to showing and selling art by local and national artists,and educating people about art and its history.The gallery would occupy the first floor of a building that serves as an art studio for Lyn's husband, Russ Warren. The proposed hours of operation are Thursday through Sunday 1 - 5 and by appointment. The projected visitation each of these days is 2 - 8 people maximum. There would be 5 to 10 separate exhibitions each year, each lasting 5 or more weeks. Each exhibition typically features one artist, Occasionally there will be a group show with two to six artists featured. (There are many artists listed on the LYDM website but very few of these will have an exhibition at the gallery.) Over the course of each exhibition,which lasts four (usually five) or more weeks, there are several events.There is an opening reception (usually a Friday from 5 - 7:30 p.m.).The number of people expected to attend an opening is 75 maximum. There is usually an artist's talk that would take place several weeks after the opening on a Wednesday at noon or on a weekday evening at 5 p.m. Sometimes there will be a closing event on the last day of the show, usually a Sunday from 3 - 5 p.m.The expected number of people for these educational events would be between 10 and 20 max.All of these events would take place within the studio/gallery building. The only time any outside property might be used would be for an occasional outdoor sculpture located on the grounds near the house and/or the studio building.There are no employees of the gallery, other than the owner. Sometimes the gallery would have interns from the University of Virginia who work 8 - 15 hours per week. There is a concrete parking courtyard between the studio building and the house that can accommodate 10 cars,which is usually more than enough for visitors. If more parking is needed during peak times,there is overflow parking on the side of the driveway,which is easy to enter and exit by driving forward or backwards to get out. It is believed that this use would benefit the public in offering important art in an extraordinarily beautiful setting in Albemarle County,thus sharing the natural beauty outside with the views that great art offers inside. This was the thinking behind the name Les Yeux du Monde (the Eyes of the World), referring to views both inside and out. Education and an appreciation for contemporary art is important to Lyn Warren, a Ph.D. in Modernist Art History,and it will therefore always be part of the mission of the studio/gallery. It is hoped that by sharing the art and the landscapes,an appreciation for contemporary art and for the natural beauty of Albemarle County will be fostered. The proposed special use will have no impact on the adjacent lots. The studio/proposed gallery is not visible from the adjacent lots or from Wolf Trap Road. It is purposefully placed .8 miles from the entrance to the property next to the house. The proposed gallery will not be in conflict with the purpose and intent of the Zoning Ordinance and it will not affect the agriculture or forest usage of the property. The site of the building adjacent to the house was intended to keep it from impinging on the forestry and land on the 30-acre site. Only a small portion of the site will be used for the relatively small (1200 square foot) studio building David Powell visited and drew up a comprehensive Forest Stewardship Plan for the Warrens in April of 2010. Redbud and dogwoods from the Forestry Department were planted early on for the beautification of the property. Nelson Shaw,also of the Forestry Department has visited multiple times to advise the owners about the best management of the property and the Warrens are committed to abiding by these plans. Consistency with Comprehensive Plan The proposed gallery would be in keeping with the Comprehensive Plan for the area as the building is clustered next to the house and almost a mile from Wolf Trap Road at the top of the hill to reduce impact on the larger parcel of property.The owners have a master plan for forestry that they are abiding by and will continue to. Impacts on Public Facilities and Public Infrastructure There will be no impact on public facilities or public infrastructure by the proposed gallery. Impacts on Environmental Features There will be no negative impact on environmental features of the land. The studio building was designed as indicated above, to offer no detraction or distraction from the natural beauty of the environment and to highlight this beauty through strategic placement of windows and materials that reflect or are in harmony with nature. Checklist for the Concept Plan for a Special Use Permit 'NA": Project Name: Les l f u X d1.c Firm: This checklist must be completed,signed and submitted with the application.The applicant is responsible for insuring that no revisions to the Ordinance have occurred since preparation of this document. The following information required by Section 33.4(c)below shall be submitted with the application: One or more maps showing the proposed project's regional context and existing natural and manmade physical OA L� A conceptual plan showing,as applicable: treet network,including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; ❑ typical cross-sections to show proportions,scale and streetscape/cross-sectionslcirculation; ❑ the general location of pedestrian and bicycle facilities; building envelopes; arking envelopes; ❑ public spaces and amenities; ❑ areas to be designated as conservation and/or preservation areas; ❑ conceptual stormwater detention facility locations;and ❑ conceptual grading. Read and Sign In representing the above referenced firm submitting this application, I hereby state that,to the best of my knowledge,the attached plan contains all information required by this checklist. 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I, „,‘ ., , v 1._ _„, t a , m, 15, ' . 1, , : c fi p ill \ +1/4 ii J G P `d 4 A I \ u F. `t. b- 4 • 4 Supplemental Information: Neighborhood Meeting We delivered a flyer (see attached) to every mailbox on Wolf Trap Road on March 28 inviting them to a meeting on Saturday March 30 at 3 p.m. to discuss our efforts to obtain a special use permit for the gallery. (See attached.) Many people showed up on Saturday, March 30 at 3 p.m. Many others called or emailed or left notes. There were no negative comments from any neighbors that contacted us. AL Those in attendance were: Brion Draper 651 Wolf Trap Rd Bruce Draper, 651 Wolf Trap Rd Shirley Draper,651 Wolf Trap Rd Mary Ann Parr, 716 Wolf Trap Rd. Jaclin F. James, 719 Wolf Trap Don Ross,852 Wolf Trap Rd. Sally Powers, 909 Wolf Trap Rd. Alison Stokes, 948 Wolf Trap Rd Those who called or emailed Edward (Ted) A. Leake 111 733 Wolf Trap Rd. wrote an email of support Jay and Jamie Endahl 740 Wolf Trap Rd. left a note of support in mailbox Robert and Elain Callaghan, 776 Wolf Trap Rd. called and offered to start a petition of support Peter and Colby Johnson, 778 Wolf Trap Rd.called and emailed support Dorrit Green and Michael Rodemayer, 888 Wolf Trap Rd. emailed support Nancy Holt 936 Wolf Trap Rd. emailed support Dana and Christina Elzey, 939 Wolf Trap Road emailed support Diana and Navera Amatucci , 1054 Wolf Trap Rd. called with support In the meeting. I first told the neighbors that I was recently made aware that my consulting license did not give me permission to have the public to the gallery or to sell any art(not made on site) from our space because of zoning restrictions. We told them we are seeking a Special Use Permit to allow me to show and sell art by others besides my husband Russ from the studio building. I told them that basically the activities if we received the permit would stay the same as those I had been having without correct license. I would have 5 - 10 exhibitions a year. Each show would run from 5 - 8 weeks and there would be an opening on a Friday from 5:30 - 7:30 for each at which time most of the people would come. Then we would hope to have hours Thursday through Sunday 1 -- 5 and by appointment. We might have several other events with each show, a lunch or artist's talk,and often a closing on the last day, usually a Sunday. I i 10 03—#1 0 vT5 ezr co,k c-e.* Then I asked for their input, questions and concerns, directed the first question to Sally Powers since her land is adjacent to ours. asked her first how she felt about the activities of the gallery and if it affected her property and how. She categorically stated that this use did not affect them (or their land) "at all." She then said the only thing that sometimes happened was that someone would stop at their property thinking their barn might be the gallery. She suggested we get better signage to help lead people to this remote location. We then heard agreement from Brion Draper (who happens to be a sign maker who had made a sign announcing the neighborhood meeting that he put up on Saturday morning before the meeting. Jac lin James also said she had directed a few folks who were lost to the gallery in the past. I mentioned that we had written "possible Special Events permit" on our flyer because I wanted to research possible ways to help make the land pay for itself, but I realized that this was not my field, and I better stick to art, something I know.They all said they had never been affected by any traffic that the gallery events had generated. I asked for the others' ideas and concerns and they all expressed only support for the proposed Special Use Permit and asked how they could help in securing it. Mary Ann Parr said she would write the county and start a petition if we needed one. Another neighbor who could not be at the meeting had offered this also and they said to keep them posted if we needed a petition. I took their email addresses and gathered others in order to keep them aware of the process. I will follow up with another text for the boxes of everyone on Wolf Trap Road as well. 0c c Cocoil Viete it-Cia. ll'h ak Al b,„htes 144 161 eil 6tntio-k4-tA to nn ‘'N,6 i\-) (1) - € ri e..t 0 r- ,:y, ,IQ 4J I • 2.ti March 2013 Deaf Neighbors on Wolf-Trap Road. Please lino us this;Saturday, March 30 at 3 pan. to a meeting at f-.41. V-Voil '.,)ap Rna-d to discuss our hopes to obtain i special uso permit from Albemarle Coduty tor a gaRery and possady also one for SreChli events„ We wekdrne your thoughts and opinions. Thank you Lyn and Rusi,Warren 841 Wolf Trap Road Chartottesel9-e, VA 22911 34-382-2620 i es'finx..iffik0 corn v [ it ,ot ( uty-1 , _ , , live ymcca, \d" U& i,Vtitij-i)'It 1C4tt"4‘ l''fr-Lifo"til tu ,,,ti.,04,iittel cs),11-byitAlti,- ,A b i- Iet„( '1 f 1 1 r .3% 1- t '` ; ------,-':2-----i ,p:___; ) Z"°1 clit.r - neVNjek ci.;s 0v 4.4 Dear Neighbors, Thanks to those of you who got in touch after our last flyer or came to the meeting on March 30. We just wanted to update all of you and clarify what that flyer was all about. We currently have a studio on our property where my husband works (making art) and I have a gallery. We realized recently that we were not zoned "commercial" and therefore needed a Special Use Permit to continue the activities of the gallery. The gallery activities include having 5 - 10 exhibitions of local,regional and national artists each year. We have an opening for each show on a Friday from 5:30 - 7:30 and several other educational events with each one. (We welcome all of you to these events if you want to send an email for our private mailing list). We are hoping to have gallery hours from 1 - 5 Thursday through Sunday. There will be a community meeting about this as the process gets further along and signs will be put up along the road before that. We welcome however your thoughts,concerns, and questions before then. Also the previous flyer was misleading because it implied we were starting new activities here. We are not going to request a permit for Special Events, only one for having a gallery here, doing much what I have been doing without knowing I needed this. Please call or email us if you want to hear more or have questions and comments. Sincerely, Lyn and Russ Warren 841 Wolf Trap Rd. 434-882-2620 LesYeuxLBR @aol.com 1 (, )■1 . , . e - ! , fr..„ .1. r. RECEIVED APR 1 5 2013 COMMUNITY DEVELOPMENT