HomeMy WebLinkAboutSP201300015 Application 2013-07-16 Albemarle Co qty
� Community Development Department
401 McIntire Road Charlottesville,VA 22902-4596
" 1 Planning Application Voice:(434)296-5832 Fax:(434)972-4126
'PARCEL/ OWNER INFORMATION
TMP 08900-00-00-06260 Owner(s):
Application # SP201300015 MAHONE, WILLIAM 0 OR IRMA H
PROPERTY INFORMATION
Legal Description ACREAGE PARCEL A
Magisterial Dist. Samuel Miller Land Use Primary Residential --Single-family (incl. modular homes)
Current AFD Not in A/F District Current Zoning Primary Rural Areas
APPLICATION INFORMATION
Street Address 1688 DUDLEY MOUNTAIN RD CHARLOTTESVILLE, 22903 Entered By
Jennifer Durrer
Application Type Special Use Permit 07/16/2013
Project MAHONE FAMILY
Received Date 07/15/13 Received Date Final Submittal Date 07/15/13 Total Fees
Closing File Date Submittal Date Final Total Paid
Revision Number
Comments pats a V
Legal Ad
SUB APPLICATION(s)
Type I Sub Applicati 1 Comment
New Special Use Permit. 67/15/13
'APPLICANT / CONTACT INFORMATION
ContactType I Name Address ( CityState I Zip Phone L PhoneCell
Owner/Applicant
MAHONE WILLIAM OR IRMA H. .1688 DUDLEY MOUNTAIN RD .. Ct1 QRL.07TE5VIl... ;22903
Primary Contact IRMA MAHONE 1688 DUDLEY MOUNTAIN RO CHARLOTTESVILL 22903 4349821805
Signature of Contractor or Authorized Agent Date
wr Now
FOR OFFICE USE ONLI SP## SIGN#
tee Amount S Date Paid /5 1 1313}who' Receipt# Ck 1 at rig(
CONING ORDINANCE SECTION
Application for
I ��y
Special Use Permit
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 feels)related to your application. Staff will
assist you with these items. /
PROJECT NAME:(how should we refer to this application?) / .koYIt FAMil5 DQ1a/!JeP1O11
PROPOSAL/REQUEST: &t (110411 ti 1 P"314D an /�i1 .c0r t-co 1j10 rnmber
ZONING ORDINANCE SECTION(S): (C)• S- '. • 1
EXISTING COMP PLAN LAND USE/DENSITY: RUril S
LOCATION/ADDRESS OF PROPERTY FOR SPECIAL USE PERMIT:
68Q Oudlit nlam}-4in , , C .i4t o ville , 2-1103
TAN MAP PARCEL(s): lint )'Mile l Q4rt01 62-$
ZONING DISTRICT:
#OF ACRES TO BE COVERED BY SPECIAL USE PERMIT(if a portion,it must be delineated on a plat):_ 2 I.0 3
Is this an amendment to an existing Special Use Permit?If Yes provide that SP Number.SP- ❑YES CaNO
Are you submitting a preliminary site plan with this application? ❑YES M.NO
Contact Person(Who should we call/write concerning this project?): ">')')et M 41ant
Address I /�(DUCAI »')mil ate% '�.est�' CbkAI1ofk WW l It State VA- Zip 2.296
Daytime Phone 40.1 gill):I(166 Fax#I **P./3"3 )6 1 E-mail I.k 3X h e vi91'115 . EG Q
Owner of Record rpm, chief Will t4rI'1 Motkone
Address ! 14g Ovo% ma,14004 12cl City CA 4r,10 ilesvi IIQ state_VA Zip 22.963
Daytime Phone 71 qqz- I QoS Fax#613 y 1 243-3911 E-mail_J 11 7X VI e t' i n'`(. C41/
Applicant(Who is the Contact person representing?):_ A)icyv1} i5 oh/j4( a Rua-A
Address —_ (jr.' State tip
Daytime Phone( ) Fax#( ) E-mail —_--
Does the owner of this property own(or have any ownership interest in)am abutting property? If yes.please list those tax map and parcel numbers:
FOR OFFICE USE°N1.1' History:
❑ Special Use Permits __ ❑ 1MAs&Proffer,
Concurrent re%tee of Site Development Plan' 0 YES 0 NO
Letter of Authorization ❑YES ❑NO
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice:(434)296-5832 Fax: (434)972-4126
Special Use Permit Application Revised 0410I12013 Page I of3
REQUIRED ATTACHMENTS&OTHER INFORMATION TO BE PROVIDED for THE APPLICATION TO BE
OFFICIALLY SUBMITTED
AOne(1)completed& sinned copy of the Checklist for a Special Use Permit.
'
/la el One(1)copy of the Pre-application Comment Form received from county staff
' lF' la One(1)copy of any special studies or documentation as specified in the Pre-application Comment Form,
XI Seventeen(17)folded copies of a Conceptual Plan.
Seventeen (17)copies of a written 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
The proposed project's impacts on environmental features.
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.
\"4 titO 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.
See Attachment A in the Land Use Law Handbook for more information.
® 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.
PLEASE CONSULT THE LIST OF ITEMS WHICH WILL BE REVIEWED BY STAFF
FROM THE LINK BELOW:
STAFF ANALYSIS OF ZMA& SP REQUESTS
Special t'se Permit Application ReN ised 04.01 2013 Page 2 of 3
'Nose *Nur
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 tiling this application.
I also certify that the information provided on this application and accompanying information is accurate,true,and correct to
the best of my knowledge.
❑ By checking this box and placing my initials under it I am consenting to written comments, letters and or
notifications regarding this application being provided to me or my designated contact via email. This consent does
not preclude such written communication from also being sent via first class mail.
. �(V 1.1 S • i 3
Signature of Owner/Agent or Contract Purchaser Date
Print Name 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 $2,000
TS. Additional lots under section 10.5.2.1 $1,000
❑ Public utilities $1,000
❑ Day care center $1,000
❑ Home Occupation Class B $1,000
❑ To amend existing special use permit $1,000
❑ To extend existing special use permit $1,000
❑ Farmer's markets without an existing commercial entrance approved by the V DOT or without existing and adequate parking $490
❑ Farmer's markets with an existing commercial entrance approved by the VDl)T and with existing and adequate parking $110
❑ Signs under section 4.15.5(reviewed by the Board of Zoning Appeals) $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
$1.00 for each additional notice+actual
i Preparing and mailing or delivering each notice after fifty(50) cost of first-class postage
Actual cost
Legal advertisement(published twice in the newspaper for each public hearing) (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 ITO BE PAID WHEN THE Rest BMISSION 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 I Ise Permit Application Revised 04;01/2013 Page 3 of 3
IWO° *NOW
SPECIAL USE PERMIT CHECKLIST for
7\() Incmc .Clati/n) 1\ iV
Project Name/Tax Map Parcel Number
After the mandatory pre-application meeting, county staff will mark this checklist appropriately so
iRci S\"
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
YES NO
A narrative of the project proposal, including its public need or benefit;
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;
A narrative of the proposed project's impacts on public facilities and public
.)( infrastructure.
A narrative of the proposed project's impacts on environmental features.
VV7\' A narrative of the proffers proposed to address impacts from the proposed project.
One or more maps showing the proposed project's regional context and existing natural
and manmade physical conditions;
A conceptual plan showing,as applicable:
1)the street network, including circulation within the project and connections to
existing and proposed or planned streets within and outside of the project;
2)typical cross-sections to show proportions,scale and streetscape/cross-
sections/circulation;
3)the general location of pedestrian and bicycle facilities;
4) building envelopes;
5) parking envelopes;
6) public spaces and amenities;
7) areas to be designated as conservation and/or preservation areas;
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 1 of 2
8)conceptual stormwater detention facility locations;
9)conceptual grading;
Other special studies or documentation, if applicable,and any other information
identified as necessary by the county on the pre-application comment form.(siar
\�S(1) sr i� 4 11
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 req -. for ...lication.
v-°
7)43
Signature of pers.! completing this checklist Date
-a-65\1\n 41 I p q3LE-26?--Ck0
Print Name Daytime phone number of Signatory
SPECIAL USE PERMIT CHECKLIST 04/2013 Page 2 of 2
Pre-application Meeting Request for
Special Use Permits or Zoning Map Amendments A
Project Name: 74\0M ` wni19J Aak10(Gpme1' -
Tax Map Parcel Number(s): —J g2 g
I WOULD LIKE TO DISCUSS THE FOLLOWING(Check the appropriate box or boxes)
aPROPOSED NEW SPECIAL USE PERMIT ❑ PROPOSED ZONING MAP AMENDMENT
or AMENDMENT
Current Zoning District:
Proposed Use(s)&Section(s)of the Zoning Ordinance
requiring a Special Use Permit(if known): Proposed Zoning District:
1 V r (if known)
This will be an amendment to a prior rezoning action?
File number or name of prior action
Has a pre-application meeting happened previously for this project? YES NO X.
If YES provide the date of the meeting:
Agent/Contact Person(Who should 6116 Cell concerning this project?): v,i "V- 1 U"•
Daytime Phone#(C/u) 95? b 1l 6 Cell Phone#( ) *E-mail 3V J:SI-i 5\l ivro-
CDoi
Owner of Record CO)Ai �,1 ii0v4( 1
Daytime Phone#1- )' L igOS Cell Phone#(c/V) ‘6 Y9 *E-mail )'V?(U7(jri)y, QoiCs
*Email will be primary method of contact unless otherwise specified.
Submittal Requirements
E-One(1)completed Pre-application Meeting Checklist(including all written desctiptions noted in the checklist)
Owner/Applicant Must Read and Sign
I hereby certify th< ,_i� '4) ation provided on this request form and accompanying information is accurate,true and correct to the
best of my kno =rte_"t"•���elief.
25 1
Signature of 0 p or gent Date
ivl L"Diliv►1p 43Y-gS&—
Print Name Daytime phone number of Signatory
County of Albemarle
Department of Community Development
401 McIntire Road Charlottesville,VA 22902 Voice: (434)296-5832 Fax: (434)972-4126
Pre-application Meeting Request 04/01/2013 Page 1 of 1
�,oy A County of Albemarle
e�I-li4iil* Department of Community Development
401 McIntire Road Charlottesville, VA teNtilp Voice: (434) 296-5832 Fax: (434)972-4126
Pre-application Meeting Checklist
PP g
Pre-application meetings are held every Monday at 2 p.m.,3 p.m.or 4 p.m. (Holidays excluded). There is no fee for
setting up or attending the meeting. Attendees of the meeting include staff from Community Development(Planning,
Zoning,&Engineering)VDOT,and where appropriate the Albemarle County Service Authority(water and sewer),and
Albemarle County Fire&Rescue.
Pre-application process
►I First, consult with either the Pre-application Coordinator(Francis MacCall)or the Chief of Planning(David Benish)to
preliminarily discuss your proposal and questions you need answered to determine the type of pre-application
meeting that is needed and what agencies/departments need to attend.
VI A prospective Applicant may request or be guided to have a more general,exploratory pre-application
meeting with staff to discuss their proposal prior to submitting more detailed information about the project
as will be required for the mandatory pre-application meeting. It may be determined that, based on the
nature of or circumstances related to the proposal,and the level of information available at the meeting,
that a mandatory pre-application meeting is no longer needed. Staff will notify the applicant if this
meeting may qualify as the mandatory pre-application meeting or if an additional meeting is required.
IZIf it has been determined that your project is ready for a mandatory pre-application meeting,then fill out the
"Pre-application Meeting Request"form below or located on the County website,www.albemarle.org/cdapps and
provide the following information with the request form:
. A written description of your proposal,specifically outlining,as applicable,the following;
l Description of the properties to be developed (tax map and parcel number,total acreage,
existing buildings and uses/activities current on the property,existing zoning and
Comprehensive Plan land use designation)
I The proposed use or mix or uses;the proposed density or total square footage of
development,the proposed scale,and the proposed zoning district,and any other
information that may help identify potential impacts of the development(such as hours of
operation,unique traffic characteristics,etc).
jj A brief description of the surrounding properties including the uses on site(i.e. residential,
commercial,vacant,etc.and character of the property(mostly wooded,in pasture,etc.)
A written statement as to the proposal's consistency with the comprehensive plan.
Sketch/concept plan is recommended but not required for the meeting request
An illustration of the proposal("sketch"/concept plan) may be useful in discussing your project. You are
encouraged to at least submit a boundary survey or plat of the property or any known prior approved plan or
plat on the property,if one exists. Please see the recommended content for a sketch/concept plan below**
Pre-application Meeting Checklist 04/2013 Page 2 of 3
t1Subrnit the following to the front desk of Community Development office,401 McIntire Road Charlottesville,VA
22902 by 4 p.m.on or before any Monday;
• One(1)completed Pre-application Meeting Request form
• One(1)completed Pre-application Meeting Checklist
• Six(6)copies of all additional information including a Sketch/concept plan(if providing one)
NOTE: Once the Pre-application Meeting Request form and Pre-application Meeting Checklist have been dropped off
to Community Development you will be contacted by staff to set up a meeting on the next available Monday time
slot. Any mandatory pre-application meeting will be scheduled within two weeks from the Monday the request is
received(subject to meeting time availability).
**Sketch/concept plan recommended content
It is desirable to have an illustration of the following information;
• The parcel(s)to be developed and the general area of the parcel(s)to be developed(the
development envelope)
• Location of entrance(s)onto the public street(s)
• Location of proposed use(general location for buildings/building areas (envelopes) or
existing structure/building/area to be used on a developed site)
• Parking locations
• Major environmental features(water bodies/floodplain,area of 25%>slope)
The more information about the proposal,the better the staff can assess the issues and provide feedback on the
overall proposal. Particularly for larger scale projects,it is encourage that the following additional is provided, if
possible:
• Grading activity(rough concept for grading or detailed grading plan,if available) or
topographic information for the property with 25%slopes identified(this information is
available from the County's Web-GIS site).
• The type and location of stormwater management facilities
• For properties within the EC, Entrance Corridor Overlay District,general location for
landscape areas,wooded areas to be retained
NOTE:illustrative info/sketch plan does not need to be an engineered plan;a basic"sketch plan"may be
adequate for most pre-application meetings. Map information/layers are available on the County's GIS-Web
system and can be used to obtain some of the required or recommended information
Pre-application Meeting Checklist 04/2013 Page 3 of 3
Special Use Permit Application Narrative
Mahone Family Development Right
Project Proposal
The proposed additional division right is to create a buildable lot for our daughter to build her own
home on the family property.We bought the family farm as a 21-acre lot in 1985 and have lived on the
property ever since. Our daughter Jaclyn was brought home from the hospital to this place that has
been our home for 28 years.Over half of the lot is wooded and our home is situated right in the woods.
This has been an ideal place for us to raise our family as we were able to enjoy the beauty of the rural
setting and reasonable proximity to the city and jobs.Although we've had many dreams about
developing our lot as a small farm,full-time jobs and other time constraints have limited what goals
we've been able to accomplish.We have grown a garden every year,substantially increasing its size this
summer when our daughter expressed the desire to participate. We have grown hay in the open
meadow,and raised chickens for many years.With our daughter's renewed interest in agriculture and
considering getting her college degree in agriculture,our goals now are to create a family farm,
specializing in vegetable and berry production.
We have conducted a thorough search of the adjoining properties to confirm if any additional
development rights were available that could be added to our parcel via a boundary line adjustment.
Unfortunately the neighboring properties were either unable or unwilling to part with a portion of their
property that would allow us to obtain the development right needed for our daughter's home.
While this application is primarily focused on our family,we do believe that maintaining a strong f
family tie to the land that passes the joys and responsibility of caring for the land from one generation
to the next is an important public benefit. It is this joy of the land that gives the rural areas character
and we know that our daughter will continue to contribute to those efforts if permitted to build a home
on the property.
Of the 7 lots adjacent to our property,only one is larger than 21 acres.The general pattern of
development along Dudley Mountain Rd is 2-6 acre parcels along the road with a mix of larger parcels.
The proposed density of our application,2 homes on 21 acres, is consistent with the density and
character of our neighborhood and would have no adverse impacts or detriments to the adjoining
parcels.
Section 10.5.2 of the ordinance describes the conditions under which a special permit for an
additional lot may be issued. We have reviewed these requirements and firmly believe that our
application is consistent with the requirements of the ordinance and intent of the comprehensive plan.
Each item to be considered is addressed as follows:
• 1. Our parcel is 21 acres, making it ideal for small family farms, but not suitable for forestall
production.The agricultural potential of the property will be enhanced by the presence of
our daughter on the property.
2. (See above)
3. There are no known commercial foresting histories or activities on the property.
4. The property is within a rural area, but not within an area that has been utilized for
commercial agricultural or forestall area within the past 5 years.
5. While we do not have access to all of the records for properties within one mile,one can
look at the pattern of development along Dudley Mountain Road and see that the proposed
additional lot and home on our tract would be consistent with existing development
patterns.
6. Our property is approximately two miles by roadway from the proposed Whittington
Subdivision,which we understand is to be added to the comprehensive plan growth areas.
7. There are no foreseeable impacts to required capital improvements as a result of adding a
building site for our daughter to the property.
8. There would be very minimal traffic generated from our proposal, in fact granting
permission for our daughter to move to the property will remove the need for her to travel
on state roads to visit us,and us to visit her.While we understand VDOT is to make the final
say on this matter,we feel that Dudley Mountain Road is a tolerable road now and that
condition would not be impacted by the addition of one additional home for our daughter.
Our property is part of the Biscuit Run watershed and is not within a County defined public
drinking watershed.
Consistency with Comprehensive Plan: Our property is within the Rural Areas as designated by
the Comprehensive Plan. Our vision of the property is consistent with that of the Comprehensive Plan,
preserving agricultural type uses in a family farm.
Impacts on Public Facilities&Public Infrastructure: As noted above,we cannot imagine any impacts
to public facilities or infrastructure that would come from the additional single lot for our daughter on
the property.
Impacts on Environmental Features: The proposed building site will have adequate space for the
house, septic and driveway outside of any critical slopes or stream buffer areas.There are no
foreseeable environmental impacts.
Summary:
We understand and appreciate that the Policies of the County are to keep the rural areas rural
by limiting development of new lots.When we purchased our 21 acres 28 years ago,we could hardly
imagine a day where our grown daughter would seek to move to our farm and start her own family. We
believe that having her on the property is both best for our family, and best for the land. We firmly
believe that the additional lot for our daughter will not be an impact on our neighbors, or the County as
a whole.
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