HomeMy WebLinkAboutCLE201000160 Review Comments No Submittal Type Selected 2010-08-26OFFICE USE ONLY:
-�
CLE # 4010 — 160
❑ Zoning Clearance = $35 - - -
OFFICE USE ONLY
Check # elflorsq, Date: --
PLEASE REVIEW ALL 3 SHEETS
Receipt # isg Staff:
PARCEL INFORMATION
Tax Map and Parcel: 1i 3 _ 2 Existing Zoning RA
Parcel Owner: dcx`t` r'=ct Al- sor,'%ak o, _L-r_
Caw lL 'r�s s� ut c State n,/;' , Zip
Parcel Address: ���Y� `•;�� i c a ±• City A
FARMER / PRIMARY CONTACT
Are you an owner /lease of farmland in Albemarle County? 1Ye / No bi
Who should we call /write concerning this project?
Address: 15 9 �LQL C?z,.A City Fy e e tate Zip
Office-Phone: ) aj) ' 1 �L �� Cell #. j 6 —2 t om'}
Fax # E -mail 40 4---
Check any that apply: Change of ownership Change of use Change of name New use
APPLICANT INFORMATION
f 3
Market Name/Type:` ( �t
Describe the proposed busipess i uding use, number of v ndors available parking spaces, and any additional information
that you can provide: y cz -
in.
*This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to a new location, or if the
applicant information changes, then a new Clearance will be required. The applicant is responsible for compliance with this approval, as well as any
other necessary approvals from other agencies (Health Dept., Dept. of Agriculture, VDOT, etc.)
I hereby certify that I own or havq the owner's permission to use the space indicated on this application. I also certify that the information provided
is true and accurat to a bes r my owl dge I understand the conditions of approval d I will abide by them..
Signature _ _ Printed A .Q -La et
APPROVAL INFORMATION
[ ] Approved as proposed [ ] Approved with conditions [ ] Denied
[ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing
site plan.
[ ] This site complies with the site plan as of this date.
Additional Notes:
Building Official ~ — Date 1 (3 t a
Zoning Official Date g a 3 J l °
Other Official Date
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
Page 2 of 3
Intake to complete the following by circling all that
Reviewer to complete the following:
apply:
Is parcel -on private well or private septic? -_ - / N-
Square footage of Use: .. BnD
_ -_ __
Permitted as:ar"►� 51
Will there be any food preparation on -site? Y /
Under Section:
Variance:
Y/N
If so, List:
If so, inform the applicant that Health Dept. approval
may be required before final approval of this
Supplementary regulations section:
application.
FAX/EMAIL DATE TO HEALTH DEPT.
Parking formula:
1 �,w a_00 0�
W
Will there be any food preparation off -site, includ'ng
baked goods, jams /jellies, salsa, etc.? Y k!Y/ N
Required spaces:
SDP's
If so, inform the applicant they may need to contact the
Items to be verified in the field:
Dept. of Agriculture for any necessary approvals.
FAX/EMAIL DATE TO VDACS
Will you be putting up a new sign of any kind? Y /
If so, obtain any applicable sign permit.
Permit #
Inspector : Date:
Notes:
Any new construction or renovations? Y
If so, obtain the necessary permit.
Permit #
7,nnin¢ to comnlete the followin¢:
Violations:
Y/N
If so, List:
Proffers:
Y/N
If so, List:
Variance:
Y/N
If so, List:
SP's:
Y/N
If so, List:
Clearances:
SDP's
Eclrted:NI I /IU
Page 3 of 3
42 ff-,"
21,
Chi
tar
co
14
Ilk
0 E i
I I I JODI]
I I El
co
ca
im;l-,.,,lll,,tt
ru
ta
C)
CD
A9,
LA
4
C)
0
LU
N
co
cL
42 ff-,"
21,
Chi
W.
N.
W
/V�
IA
co
tar
co
14
Ilk
W.
N.
W
/V�
IA
co
tar
LL
C>
LO
7
fill
❑ ❑ I
I i PA 69 ❑ ❑ EM
LL
C>
LO
7
��OF ALA
G1NZP
COUNTY OF ALBEMARLE
Department of Community Development
- - -- - 401 McIntire Road, North Wing - -- -
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5532 Fax (434) 972 -4012
August 11, 2010
RE: CLE201000160 Shady Lane Family Farm Stand
Tax Map 43, Parcel 21
Dear Sir or Madam:
Albemarle County has received a request to establish a Farm Stand use on the parcel listed above. Per Section
5.1.47(a)(2) of the Zoning Ordinance, you are receiving this notification because you are the owner or agent of
abutting property or property immediately across the street from the site under review. The location of the site
under review is shown on the attached vicinity map. The request is as follows:
A single- vendor farm stand for agricultural products grown at the Shady Lane Farm in Free Union.
Products will include organic produce, free range eggs, bedding plants, flowers, and hanging baskets.
Value -added products will include homemade jam, granola, and baked goods. The site will contain
approximately 300 sq. ft. of retail space under three 10' x 10' tents with tables and take place during
the afternoon one day per week.
The entrance to the property is under review by the Virginia Department of Transportation. The project has also
been submitted to the Virginia Department of Health and the Virginia Department of Agriculture and Consumer
Services.
The County will not take action on this request until at least five days after the date of this letter. We invite any
comments, questions, or concerns you may have about this proposal. Please contact J.T. Newberry at
434 - 296 -5832, ext. 3270 or jnewberr y c ,albemarle.or for any additional information.
All information pertaining to this request is available for review in the Department of Community Development
during normal business hours (8 a.m.- 5p.m., Mon -Fri). To assure the information is ready for your viewing and to
allow staff to be available to help with any questions, we encourage you to schedule a viewing time. Please call
(434) 296 -5832 during business hours to schedule an appointment.
Sincerely,
J.T. Newberry
Code Enforcement Officer
cc: Nathan Yoder
159 Shady Lane
Free Union, VA 22940
M
cJ
cn
N LLJ J
m M C� rn \rn �.
,. c,
l ar
9 z
o' N W
CD
O
M
_ O
04 m 00
fV }l
C
O v- o o ,✓ Lo
LU LLI
LW
M M
M h M
ai M Y M
LU d a
W l4(
/M Q r�.� M FOXFIEL�
r W'11>
O M' M �. n'� M
JJ (c/
M Mni M LO
V ra �' / / M Jy
i' ao ao
00 N ap//fV
tV d. M -m �� �f� '`ms`s • %
v
),'C'4
'N�
M N
QM co tNl E w
ell d N
U.
co
LLI C14
M /N ItdM rN M \,
w
N
da
-�_._ N LL
N
LU m m%
N N
n .F,O N o
c
w' �„ ^ N N v
N to 1- a `N, tGQ-G RE a My
C f N uV7 n�
M. N `` M co LL
cq
T
a �cm
x�
G
a< i
__
�ru a
i
s
1•
Lx
< L
gm ❑❑® tIIII❑❑11II❑
+
d'
N
m
r
M
N
LL
O
W O
et
N
r
rr
N> N
d
N
r/� M
N
M
cJ
cn
N LLJ J
m M C� rn \rn �.
,. c,
l ar
9 z
o' N W
CD
O
M
_ O
04 m 00
fV }l
C
O v- o o ,✓ Lo
LU LLI
LW
M M
M h M
ai M Y M
LU d a
W l4(
/M Q r�.� M FOXFIEL�
r W'11>
O M' M �. n'� M
JJ (c/
M Mni M LO
V ra �' / / M Jy
i' ao ao
00 N ap//fV
tV d. M -m �� �f� '`ms`s • %
v
),'C'4
'N�
M N
QM co tNl E w
ell d N
U.
co
LLI C14
M /N ItdM rN M \,
w
N
da
-�_._ N LL
N
LU m m%
N N
n .F,O N o
c
w' �„ ^ N N v
N to 1- a `N, tGQ-G RE a My
C f N uV7 n�
M. N `` M co LL
cq
T
a �cm
a< i
__
�ru a
i
s
1•
Lx
< L
,�kn4J'r•1 x
m
r
M
LL
O
W O
ip r
rr
cJ
cn
N LLJ J
m M C� rn \rn �.
,. c,
l ar
9 z
o' N W
CD
O
M
_ O
04 m 00
fV }l
C
O v- o o ,✓ Lo
LU LLI
LW
M M
M h M
ai M Y M
LU d a
W l4(
/M Q r�.� M FOXFIEL�
r W'11>
O M' M �. n'� M
JJ (c/
M Mni M LO
V ra �' / / M Jy
i' ao ao
00 N ap//fV
tV d. M -m �� �f� '`ms`s • %
v
),'C'4
'N�
M N
QM co tNl E w
ell d N
U.
co
LLI C14
M /N ItdM rN M \,
w
N
da
-�_._ N LL
N
LU m m%
N N
n .F,O N o
c
w' �„ ^ N N v
N to 1- a `N, tGQ-G RE a My
C f N uV7 n�
M. N `` M co LL
cq
T
Johnathan Newber
From: Johnathan Newberry
Sent: Friday, August 13, 2010 2:59 PM
To: - 'Campbell, Elizabeth (VDH)'; 'Burke, Pamela (VDH)'; 'Myers, Eric (VDH)';
' allyn .olinger @vdacs.virginia.gov'
Subject: _ Yoder Farm Stand at Foxfields
Hello Archer, Pam, Eric, and Allyn,
Albemarle County is reviewing an application from Mr. Nathan Yoder to sell uncut produce, value -added products and
baked goods at the eastern entrance to the Foxfield property (just east of 2200 Foxfield Trak`along Garth Rd.). He
previously has conducted sales across from the Hunt Country Store at the intersection of Free Union Rd. and Garth Rd.,
but is moving his location to satisfy VDOT requirements.
He explained that he already has approval from the Health Dept. and VDACS, so I am just writing to confirm this
information.
Is there any other information you would like? Please let me know if I can help in any way.
Thanks,
J.T. Newberry
Code Enforcement Officer
Department of Community Development
Albemarle County
(434) 296 -5832, ext. 1 -3270 (office)
(434) 566 -2556 (cell)
1
Johnathan Newberry
From: James Dick Ubenjamindick2000 @yahoo.com]
Sent: Friday, August 13, 2010 9:57 AM
To: Johnathan Newberry
Subject: Re: Farm Stand at eastern entrance to Foxfield property
Thank you for your inquiry. I have been the President of Foxfield since 1979. Foxfield is a straight "C"
Virginia licensed corporation by the State Corporation Commission. Foxfield is zoned as an Agricultural
property. Horse Races, hay producing, equine, and other activity relted to our zone occur. Mr. Yoder by many
testimonials is a seasonal agriculture stand that many neighbors in the area buy fis fruit, flowers, and vegetables.
Ne have authorize;ahim tq ibe on; the,property to do o If you have any other questions, please let me know.
J. Benjamin Dick
President and Chairman of the Board
- -- On Thu, 8/12/10, Johnathan Newberry 5 newberry(a)fl1bemar1e.o > wrote:
From: Johnathan Newberry <jnewberr y a,albemarle.org>
Subject: Farm Stand at eastern entrance to Foxfield property
To: :ibenj amindick2000(2yahoo.com
Date: Thursday, August 12, 2010, 11:28 AM
Mr. Dick,
Per our phone conversation this morning, you are the President of the Foxfield Racing
Association and have the authority to grant Mr. Yoder permission to use a portion of the
property to sell produce and value -added products.
If you can please reply to this email and confirm the above statement, then we'll be able to
approve the zoning clearance for Mr. Yoder to operate there.
Thanks so much,
J.T. Newberry
Code Enforcement Officer
Department of Community Development
1
Johnathan Newberry �� � `' `"' �''"°� Qwro- Qlr PZY *r4 sS«,)
From: Johnathan Newberry
Sent: Monday, August 09, 2010 1:43 PM
To: Amelia McCulley; 'nathanjyoderl. @juno.com')1ovKrx5°r`
Cc: Lisa Green
Subject: RE: farm stand
Mr. Yoder,
I will be your contact person for completing the zoning clearance form. We'll need the following information in order to
- complete it:
1. Sketch of the layout at your new site - - retail area, parking, etc.
2.. Description of your use - - products, hours of operation, etc.
Also, do you plan on putting up signage of any type? The new ordinance allows off -site signs without a special use
permit in case you may be interested.
The fastest way to complete this application is to come by the office so we can discuss your plan. Is there a time this
week that is good for you? I'm here until 5:30pm every day. If not, then it is possible to complete it via
email /fax /phone, but that seems to take considerably longer.
Please let me know.
Thanks,
J.T. Newberry
434 - 296 -5832, ext. 3270
P.S. Could you let me know who you spoke with about setting up at this site? The ordinance requires that we have
something from the recorded owner. I've contacted the attorney that manages this property to find out if they can send
me something, but maybe you are already in touch with that person.
From: Amelia McCulley
Sent. Monday, August 09, 2010 12 :33 PM
To: nathanjyoderl @juno.com
Cc: Lisa Green; Johnathan Newberry
Subject: RE: farm stand
Mr. Yoder, I've asked JT Newberry to give you a call and talk you through the review
and approval process on this.
From: nathanjyoderl @juno.com [mailto:nathanjyoderl @juno.com]
Sent: Monday, August 09, 2010 10:36 AM
To: Amelia McCulley
Cc: Lisa Green
Subject: Re: farm stand
Amelia,
I have approval from Foxf1eld. I left word of that on your voice mail. I am waiting on a call from VDOT and
expect to meet with them later today. Do you do the zoning clearance?
1
Thanks!
Nathan
On Fri, 6 Aug 2010 09:27:39 -0400 "Amelia McCulley" <AMCCULLE a,albemarle.org> writes:
No, that's not the case. We indicated that because the entrances were
previously approved, getting approval of the entrance would not be an issue. In
any case on any property, regardless of the status of the entrances, you need a
zoning clearance before beginning the use. Introducing a new commercial use
that has not previously been there with approvals, requires a zoning clearance.
The adopted zoning ordinance also requires us to notify the neighbors (see the
checklist we handed to you in the field) before giving that approval.
From: nathanjyoderl @juno.com [mailto:nathanjyoderl @juno.com]
Sent: Thursday, August 05, 2010 10:15 PM
To: Amelia McCulley
Subject: Re: farm stand
Zoning clearance? I thought you and Lisa indicated that the entrances to either Mount Olivet
Church or Foxfield had been previously approved by virtue of their being a public entrance etc. What
needs to be applied for?
On Thu, 5 Aug 2010 09:31:23 -0400 "Amelia McCulley" <AMCCULLE@albemarle.org> writes:
Good news! Please apply for your zoning clearance to legally operate at
that location. We will process it as quickly as possible. Until it is
approved, you would technically be in violation if you open. I've copied
both Lisa Green and Stewart Wright, who can both help you with the
zoning clearance application.
I'm glad to hear from you. We've rec'd another complaint and would
need to move forward on civil penalties if you were continuing to operate
across from Hunt Country store.
From: nathanjyoderl @juno.com [mailto:nathanjyoderl @ juno.com]
Sent: Thursday, August 05, 2010 9:26 AM
To: Amelia McCulley
Subject: Re: farm stand
Ms McCully,
Foxfield has issued a tentative invitation for us to set up at their east gate ...
So you know
Nathan
Online Six Sigma Training
Earn A Six Sigma Master Certificate Today From Villanova University.
VillanovaU.com -
3
CISM3050 REGISTERED AGENT INQUIRY
CORP ID: 0173204 - 9 CORP STATUS: 00 ACTIVE
CORP NAME: IFOXFIELD RACING ASSOCIATION
08/09/10
12:31:59
CURRENT REGISTERED AGENT:
NAME: J. BENJAMIN DICK d zW b% c{ 93q-- R??- 66b'> lw)1� � �l� /to taw,
STREET: 421 PARK STREET
—9,l b _ 20;zC7
CITY: CHARLOTTESVILLE STATE: VA ZIP: 22901 - 0000
STATUS: 4 ATTORNEY EFF DATE: 11/03/82 LOC: 203 CHARLOTTESVILLE CITY
OLD REGISTERED AGENT:
NAME: a
STREET: Savr� Zy�r 1-I635
CITY: STATE: ZIP:
STATUS: EFF DATE: LOC:
�'a� '�w�ke< z1o� g /►.1 16 fpm
(Screen [d /Corp_Registei ed_Agent Inquiry}
https:// cisiweb .scc.virginia.gov /instant.aspx 8/9/2010
August 15, 2010
RE: CLE201- 000 -160 Shady Lane Farm Stand
Tax Map 43, - Parcel- 21 -
Dear Mr. Newberry:
I object to the above proposal that seeks to establish a
single vendor farm stand within Foxfield.
My objections are as follows:
1. The proposed location is a known traffic hazard.
It is only one of three straightaways from Whitehall to
Barracks Rd Mall. It is a passing zone that encourages
speed acceleration beyond 65 mpg. Police radar is common.
The farm stand location is on a slight curve at the end
of the straightaway before the sharp curves at "Round
Hill" and "Jumping branch ". Stand customers lack clear
vision of the straightaway when pulling out. There is
already a tree memorial snd flowers for deceased motorists
on the Ivy Farm side of the curves. Why grow a forest!
My property is opposite the Foxfield parking lot.
I routinely wait for three -four cars to pass before getting
the afternoon mail. If I turn East towards Barracks Road,
I can wait for ten - twelve cars to pass. How much worse
for vegetable stand patrons, lacking good vision.
2. This business is precedent- setting for a commercial
enterprise in a residential area. The zoning board has no
responsibility to ensure a profit for farms. This is not
a rural area as evidenced by the multitude of developments
that have sprouted.
I notice their tents were set up Thursday, August 12th.
Since your letter is dated August 11th; postmarked August 13,
and received August 14th, does this mean approval prior to
your rules of notification are ignored?
Yours very truly,
G
JOSEPH V. WHITELY
2UO2 Garth Road,
Charlottesville, VA 22901
cc: Dennis Rooker