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HomeMy WebLinkAbout2002-05-152. 3. 4. 5. 6. 10. 11. 12. 13. 14. Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Consent Agenda (on next page). Public headng on an Ordinance to amend Chapter 15, Taxation, Article X, Real estate - in General, of the Code, to establish abatement of levies on buildings that have been razed, destroyed or damaged by fortuitous happeningS. Public hearing on an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code to Article VIii, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, to establish a late application/reapplication process for taxation on the basis of use assessment. Public hearing to receive comments on the 2002 Annual Plan for the administration of the Section 8 Housing Choice Voucher Program. SP-200'l-017. Metric MeadOwS (Si-¢m #43). Public headng on a request to allow a church in accord w~sec 10.2.2.35 of the Zoning Ord. The existing church is non-conforming & the expansion of the bldg requires approval of SUP to bring church into conformance w/current Zoning Ord. SDP- 01-036, a request for a preliminary site plan waiver, has also been submitted. The applicant also requested that SP-81-18, SLIP for a private school, be vacated by the Board of Supervisors. TM 48, P 15A contains 37.55 acs. Loc at 2746 Merrie Meadows Lane, on the W sd of Rt 20 N, $ of Rt 640 in the Stony Point community. Znd PA. Rivanna Dist. SP,-2001-047. Albemarle Baptist Church (Signs #93&94). Public hearing on a request to allow a church in accord w/Sec 10.2.2.35 of the Zoning Ord. TM 61, P 1E contains 6.239 acs. Loc on the NE corner of Hydraulic Rd (St Rt 743) & Roslyn Ridge Rd (St Rt 1390), approx 1.5 mis NE from intersec of Seminole Trail (Rt 29 N) & Hydraulic Rd (Rt 743). Znd PA. Jack Jouett Dist. Z.~!_~.~200!-017. Hicko .ry Ridge Equestrian (Signs #72&73)~ Public hearing on a request to rezone 5.02 acs fr~m 'POD to PA to allow zoning conformity of existing stable & establish 2 development rights. TM 30, P 39. Loc at 4600 Pelham Rd at NW corner of Pelham Rd & Rt 665. (The Comp Plan designates this prOperty as PA.) White Hall Dist. .~r~ ~nn2,003 Sam's Woodworking Shop (Sign #77). PubliC hearing on a request to allow construction of woodworking shop in accord w/Sec 10.z.2(31) of the Zoning Ord. TM 122, P 33A, contains 12.24 acs. Loc on NE sd of Coles Rolling Rd (Rt 712), approx 1.25 mis NWof Blenheim (Rt 795). Znd P~ Scottsville Dist. sR~-20024)04. BdRht-Triton PC,S - CVR 350E (Sign #75). P~ S:m'.:'=! M~.!:r DiSt. (Applicant requests deferral until June 19, 2,002.) CPA~200~-03. Rivanna Village at Glenmore, Public hearing on a proposed amendment to the Comp Plan that Would: (1) modify the Land Use Plan element of the Comp Plan by revising the following information for the Village of Rivanna: updating population & housing information, providing new headings for the recommend-ed elements of the plan, recommending improvements to Rt 250 Et, & recommending mass transit to the Village; (2) change the land use designation for TM Ps 80-50, 93A1-1, 93A1-2, 93A1-3, & 93A1-4 from Neighborhood Density residential (which allows for 3-6 du/ac) to Community Service which would alloW commercial uses & residential density of 6-34 du/ac; (3) provide specific guidance for the area designated Community Service by recommending that a neo-traditional street system, a "main street" w/retail & off.me bldgs, a variety of housing types, offices, & commercial use not in excess of 240,000 sq ff be provided; (4) allow for civic bidgs including schools, churches, & community centers to be included in the ama designated as Community Service; (5) require mass, scale, & architectural detailing of bldgs that provide for a "human scale" & supports pedestrians, a well-integrated pedestrian system, including sidewalks & paths, & interconnections wrm the Community Service Ama as well as to the rest of the ~r~llage; (6) I 15. 16. recommend that development be sensitive to the location w/in Monticello's viewshed & that parking be minimized & buffered & shielded from nearby & adjoining properties; and (7) allow for property formerly proffered for a school site on TM P 93A-4 to be substituted for provision of other needed public facilities w/in the area shown as Community Service. From the Board: Matters Not Listed on the Agenda. Adjourn to May 22, 2002, Old City Recreation Center. FOR APPROVAL~ 5.1 Approval of Minutes: October 3, 2001; January 16, February 6, February 20, March 6 and March 20, 2002. 5.2 Authorize County Executive to Execute Deed of Dedication, re: Riverbend Garden Apartments. FOR INFORMATION: 5.3 5.4 Copy of draft Planning Commission minutes for April 9 and April 23, 2002. Copy of letter dated May 2, 2002 to Mehring Family Limited Partnership, from John Shepherd, Manager of Zoning Administration, re: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Section 10,3.1 - Tax Map 97, Parcel 2lB (Property of Mehring Family Limited Partnership). I 2. 3. 4. 5. 6. 10 13. 14. Call to Order. Pledge of Allegiance. Moment of Silence. From the Public: Matters Not Listed on the Agenda. Consent Agenda (on next page). Public hearing on an Ordinance to amend Chapter 15, Taxation, Article X, Real estate - In General, of the Code, to establish abatement of lev'ms on buildings that have been razed, destroyed or damaged by fortuitous happenings. Public hearing on an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code to Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, to establish a late application/reapplication process for taxation on the basis of use assessment. Public headng to receive comments on the 2002 Annual Plan for the administration of the Section 8 Housing Choice Voucher Program. SP-2001-017, Merrie Meadows (Slain #43). Public hearing on a request to allow a church in accord w/Sec 10.2.2.35 of the Zoning Ord. The existing church is non-conforming & the expansion of the bldg requires approval of SUP to bring church into conformance w/current Zoning Ord. SDP- 01-036, a request for a preliminary site plan waiver, has also been submitted. The applicant also requested that SP-81-18, SUP for a private school, be vacated by the Board of Supervisors. TM 48, P 15A contains 37.55 acs. Loc at 2746 Merrie Meadows Lane, on the W sd of Rt 20 N, S of Rt 640 in the Stony Point community. Znd PA. Rivanna Dist. SP-2001-047, Albemarle Baptist Church (Signs #93&94)~ Public hearing on a request to allow a church in accord w/Sec 10.2.2.35 of the Zoning Ord. TM 61, P 1E contains 6.239 acs. Loc on the NE corner of Hydraulic Rd (St Rt 743) & Roslyn Ridge Rd (St Rt 1390), approx 1,5 mis NE from intersec of Seminole Trail (Rt 29 N) & Hydraulic Rd (Rt 743). Znd PA. Jack Jouett Dist. Z..U~-2001-017. Hickory Ridge Equestrian(Signs #72&73): Public hearing on a request to rezone 5.02 acs from PUD to PA to allow zoning conformity of existing stable & establish 2 development rights. TM 30, P 39. Loc at 4600 Pelham Rd at NW comer of Pelham Rd & Rt 665. (The Comp Plan designates this property as PA.) White Hall Dist. SP-2002-003. Sam's Woodworking Shop (S'mn #77). Public hearing on a request to allow construction of woodworking shop in accord w/Sec 10.z.2(31) of the Zoning Ord. TM 122, P 33A, contains 12.24 acs. Loc on NE sd of Coles Rolling Rd (Rt 712), approx 1.25 mis NW of Blenheim Rd (Rt 795). Znd PA. Scottsville Dist. SP,2002-004. Bright-Triton PCS - CVR 350E (Si_em #75). Public hearing on a request to amend a SUP in order to allow the continued use of personal wireless facility, which was installed in violation of a condition that was intended to restrict the diameter of a metal monopole to 30 inches at the bottom & 18 inches at the top. The facility instead was constructed w/a monopole w/ diameters of 39.19 inches at its base & 23.4 inCheS at its top. TM 58, P 61A, contains approx 5,144 acs. Loc on the E sd of Tillman Rd (Rt 676), approx 1/2 mi N of intersec wi Rt 250 W. Znd PA. Samuel Miller Dist. CPA-2001-03. Rivanna. Village at Glenmore.. Public hearing on a proposed amendment to the Comp Plan that would:. (1) modify the Land Use Plan element of the Comp Plan by revising the following information for the Village of Rivanna: updating population & housing information, providing new headings for the recommend-ed elements of the plan, recommending improvements to Rt 250 Et, & recommending mass transit to the Village; (2) change the land use designation for TM Ps 80-50, 93A1-1, 93A1-2, 93A1-3, & 93A1-4 from Neighborhood Density residential (which allows for 3-6 du/ac) to Community Service which would allow commercial uses & residential density of 6-34 du/ac; (3) provide specif'= guidance for the area designated Community Service by recommending that a neo-traditional street system, a "main street" wi retail & office bldgs, a variety of housing types, offices, &commercial use not in excess of 240,000 sq ff be provided; (4) allow for civic bldgs including schools, churches, & community centers to be included in the area designated as Community Service; (5) require mass, scale, & architectural detailing of bldgs that provide for a "human scale' & supports pedestrians, a well-integrated pedestrian system, including sidewalks & paths, & interconnections w/in the Community Service Area as well as tO the rest of the Village; (6) 15. 16. recommend that development be sensitive to the location w/in Monticello's viewshed & that parking be minimized & buffered & shielded from nearby & adjoining properties; and (7) allow for property formerly proffered for a school site on TM P 93A-4 to be substituted for provision of other needed public facilities w/in the area shown as Community Service. From the Board: Matters Not Listed on the Agenda. Adjourn to May 22, 2002, Old City Recreation Center. FOR APPROVAL:, 5.1 Approval of Minutes: October 3, 2001; January 16, February 6, February 20, March 6 and March 20, 2002. 5.2 Authorize County Executive to Execute Deed of Dedication, re: Riverbend Garden Apartments. FOR INFORMATIQ, N:. 5.3 Copy of draft Planning Commission minutes for April 9 and April 23, 2002. 5.4 Copy of letter dated May 2, 2002 to Mehring Family Limited Partnership, from JOhn Shepherd, Manager of Zoning Administration, re: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS - Section 10.3.1 - Tax Map 97, Parcel 21B (Property of Mehring Family Limited Partnership). ACTIONS Board of Supervisors Meeting of May 15, 2002 May 20, 2002 1. Call to order. AGENDA ITEM/ACTION 4. From the Public: Matters Not Listed on the Agenda. · Ed Robb and Jim Camblos stated that constitutional officers should be given financial compensation similar to that given to County and/or State employees. Ray McCauley, Jr. read a statement he mailed to the BOS earlier, in which he objected to the way the County determines a vehicle's value for the purpose of taxation. 5. 1. Approval of Minutes: 10/3/01; 1/16/02, 2/6/02, 3/6/02, and 3/20/02. · Mr. Martin APPROVED the 3/6/02 minutes · Mr. Martin APPROVED the 2/20/02 minutes, up to the point where he left that meeting; the final pages were given to Mr. Rooker to read. (See agenda item #15.) 5.2 Authorize County Executive to Execute Deed of Dedication, re: Riverbend Garden Apartments. AUTHORIZED County Executive to execute deed. (Deed not available at this time; County Attorney's office will provide it when it is ready.) 6. PH on an Ordinance to amend Chapter 15, Taxation, Article X, Real estate - In Genera, of the Code, to establish abatement of levies on buildings that have been razed, destroyed or damaged by fortuitous happenings. ADOPTED. (Attachment A) 7. PH on an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code to Article VIII, Special Assessments for Agricultural, Horticultura., Forest or Open Space Real Estate, to establish a late application/reapplication process for taxation on the basis of use assessment. ADOPTED. (Attachment B) 8. PH to receive comments on the 2002 Annual Plan for the administration of the Section 8 Housing Choice Voucher Program. (Attachment C) APPROVED submission (including two provisions that are new this year--payment standards and admissions preference) and AUTHORIZED Chairman to sign certifications. (Attachment D--to be scanned in later.) 9. SP-2001-017. Merrie Meadows- (Sign #43). APPROVED w/11 conditions recommended by PC, including modifications to conditions #5, 8 and 10. (Attachment E) 10. SP-2001-047. Albemarle Baptist Church (Signs #93&94) APPROVED wi9 conditions recommended by PC, w/the ASSIGNMENT Meeting was called to order at 7:00 p.m., by the Chairman, Sally Thomas. BOS members present: Dorrier (arrived at 7:05 p.m.), Thomas, Perkins, Rooker, Bowerman, and Martin. Officers/staff: Tucker, Davis, Cilimberg. Sr. Deputy Clerk: Bentley. · Director of the Office of Mana,qement and Bud,qet and County Executive: Examine the issue and present options at the 6/5/02 BOS meeting. · Director of Finance: Contact Mr. McCauley to explain the appeal process. Clerk: Obtain Chairman's signature and then file the minutes. County Attorney's office: Obtain signature on deed of dedication and forward it to the Clerk. Sr. Deputy Clerk: File Ordinance. Send signed copy to County Attorney's office to be included in next update of the County Code. Forward copies to Bruce Woodzell and Melvin Breeden. Sr. Deputy Clerk: File Ordinance. Send signed copy to County Attorney's office to be included in next update of the County Code. Forward copies to Bruce Woodzell and Melvin Breeden. Sr. Deputy Clerk: Obtain Chairman's signature on certifications. Send original to Housing Dept, retaining copy for Clerk's files. Sr. Deputy Clerk: List conditions. Sr. Deputy Clerk: List conditions. exception of #10, which was deleted. (Attachment E)'(N~tei M~-r. Rooker abstained due to a possible conflict of interest.) 11. ZMA-2001-017. Hickory Ridge Equestrian (Signs #72&73). APPROVED wi2 proffers. (Attachment E) 12. SP-2002-003. Sam's Woodworking Shop (Sign #77). APPROVED w/4 conditions recommended by PC. (Attachment E) (Note: Mr. Bowerman was not present for this vote. ) 13. SP-2002-004. Bright-Triton PCS -CVR 350E (Sign #75). Held PH. At applicant's request, DEFERRED until 6/19/02 to allow applicant to investigate alternative engineering solutions and meet w/neighbors. 14. CPA-2001-03. Rivanna Village at Glenmore. APPROVED, 15. From the Board: Matters Not Listed on the Agenda. · Mr. Perkins said the water system at Corville Farms is still a problem. Mr. Tucker will ask Mark Graham and David Hirschman to provide an update, possibly at the 6/5/02 BOS meeting. · Mr. Martin said the minutes of 2/20/02 show that he left before the meeting ended so he could not approve pages 21 and 22. The Board approved that portion and Mr. Martin gave the remaining two pages to Dennis Rooker to read. · Mr. Martin appointed Franklin P. rvlicciche to the Equalization Board, with term to run from 5/15/02 through 12/31/02. · Mr. Dorrier repeated a previous request, stating that the Carter family wants VDOT to place an obelisk on Carter's Bridge when it is replaced. He said Jim Bryan from VDOT says this requires a resolution from the Board and that VDOT will pay to have it done. CONSENSUS to have Mr: Dorrier gather necessary information and bring it back to the BOS. Mr. Tucker said staff will have to ask Jim Bryan ifVDOTwill fund the obelisk. (Note: Following the meeting, the Clerk indicated that Mr. Dorrier is to submit a draft resolution to be adopted by the BOS on .6/5/02.) · Mr. Bowerman thanked the Board for its support during his recent prolonged absence. · Ms. Thomas said the S~hool Board wants to talk to the BOS about long-range planning for schools and how many spaces should be added to Monticello High School. After discussion, Mr. Tucker said that this will be handled by staff through long-range planning, and that staff is already providing assistance to the School Board. · Ms. Thomas said the Board is a member of the High Growth Coalition; it would be nice to have more supervisors attend those meetings. · Ms. Thomas said the RWSA may be asking the Board to withdraw the Groundwater Drought Emergency designation in place. After discussion, it was the CONSENSUS that staff provide a recommendation to the Board at its 6/5/02 meeting. · Ms. Thomas noted that the VACO Finance Steering Committee is working to get more money from the state to finance education. Mr. Rooker added that state revenues are way down. Clerk: List proffers. Clerk: List conditions. Clerk: Place on 6/19/02 BOS agenda. Mark Graham and David Hirschman: Provide update to BOS at 6/5/02 meeting. Clerk: Update reading list. Sr. Deputy Clerk: Notify applicant and update Boards & Commissions files. Clerk: Obtain draft resolution from Mr. Dorrier and place it on the 6/5/02 agenda. None. None. None. Engineering Staff: Provide recommendation to the Board at the 6/5/02 meeting. None. 2 Attachment A ORDINANCE NO. 02-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE - IN GENERAL OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article X, Real Estate- In General, of the Code of the County of Albemarle is amended and reordained as follows: By Adding: Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings. Chapter 15. Taxation Article X. Real Estate - In General Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings. Levies may be abated on buildings which are (i) razed, or (ii) destroyed or damaged by a fortuitous happening beyond the control of the owner. No such abatement, however, shall be allowed if the destruction or damage to such building shall decrease the value thereof by less than $500. Also, no such abatement shall be allowed unless the destruction or damage renders the building unfit for use and occupancy for thirty days or more during the calendar year. The tax on such razed, destroyed or damaged building is computed according to the ratio which the portion of the year the building was fit for use, occupancy and enjoyment beam to the entire year. Application for such abatement shall be made by or on behalf of the owner of the building within six months of the date on which the building was razed, destroyed or damaged. (Ord. 02-15(1), 5-15-02) State law reference - Va. Code § 58.1-3222. Attachment B ORDINANCE NO. 02-15(3) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VIII, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of th e County of Albemarle, Virginia, that Chapter 15, Taxation, Article VIII Special Assessments for Agricultural, Horticultural, Forest or Open Space Rea Estate, is hereby amended and reordained as follows: By Amending: Sec. 15-802 Applications for assessment By property owner CHAPTER 15. TAXATION ARTICLE VIII. SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE Sec. 15-802 Applications for assessment--By property owner. A. Th e own er of any real estate meeting the criteria set forth in sections 15-800 and 15-804 herein and the standards adopted by the Commissioner of Agriculture and Consumer Services, the Department of Forestry or the Department of Conservation and Historic Resources, and this article, must submit an application for taxation on the basis of a use assessmen[ to the local assessing officer at least sixty days preceding the tax year for which such taxation is sought or within thirty (30) days of the mailing of notices of a general reassessment, whichever is later. An individual who is an owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. B. Applications may be filed no later than sixty days after the filing deadline specified herein, upon the payment of a late filing fee of one hundred twenty-five dollars ($125.00). In addition, a further extension of the filing deadline is permitted, upon payment of an extension fee of one hundred twenty-five dollars ($125.00), to a date no later than thirty days after a notice of assessment is mailed. An application shall be sut~mitted whenever the use or acreage of such land previously approved changes. No application fee will be required when the change in acreage occurs solely as a result of a conveyance necessitated by government action or condemnation of a portion of any land previously approved for taxation on the basis of use assessment. Failure to submit an application by the specified deadline shall disqualify the entire parcel for taxation under this article. ' Applibations shall be submitted on forms prepared by the state tax commissioner and supplied to the county for use of the applicants. A separate application shall be filed for each parcel listed on the land book. (8-23-73; 8-13-75; 4-21-76; 4-13-88; Ord. of 8-11-93; Code 1988, § 8-33; Ord. 98-A(1), 8-5-98; Ord. 02- 15(3), 5-15~02) State law reference--Va. Code § 58.1-3234. Attachment C ALBEMARLE COUNTY PHA Plan EXECUTIVE SUMMARY - Year 3 Plan Fiscal Year Be.qinnin_q July 1, 2002 BACKGROUND The Albemarle County Office of Housing is the designated local agency for the administration of the Housing Choice Voucher Program (hereinafter referred to as the program), formerly known as Section 8 Rental Assistance Program. The Office is a part of the executive branch of local government and not a public housing authority. However, with respect to the program, the Office must comply with requirements of the U.S. Department of Housing and Urban Development (HUD) regarding activities as a Public Housing Agency (PHA) including the development of a 5-year PHA Plan and Annual Plans. The Office submitted its 5-Year PHA Plan and first year Annual Plan to HUD in January 2001. This summary provides general information on the proposed Year 3 Plan. Proposed revisions are underlined italics. MISSION AND GOALS It is the mIssion of the Albemarle County Office of Housing to Promote opportunities for all county citizens to secure and maintain safe, decent, accessible, and affordable housing with emphasis given to those least able to obtain it. In carrying out this mission, the following goals have been set: · Expand the supply of assisted housing by coordinating with and leveraging resources from other public and private entities; · Improve the quality of assisted housing through improved voucher management and increased client input; · Increase assisted housing choices by outreach to potential landlords and replacement of project-based assistan ce with tenant-based vouchers; · Promote self-sufficiency and asset development of families through the Family Self- sufficiency Program and comprehensive housing counseling; and · Ensure equal opportunity and affirmatively further fair housing by taking measures assuring equal access regardless of race, color, religion, national origin, sex, familia status, and disability. ANNUAL PLAN - FY2002-03 Based on a needs assessment conducted for the Consolidated Plan of the City of Charlottesville and the Thomas Jefferson HOME Consortium, the following needs were identified. Based on this assessment each need was assigned a number rating its impact with 5 being "severe impact" and 1 being "no ~mpact". Affordability 4.5 Supply 3.75 Location 3.5 Accessibility 2.75 Size 2.25 These impacts are indicative of the tight housing supply in and around the urban ring and the expressed needs to live closer to jobs and services to avoid commuting costs. There is evidence, however, that many commuters accept the trade-off of a thirty-mile commute if it means more access to affordable housing. WAITING LIST The Office maintains a waiting list that includes lists for all available voucher programs including project- based assistance through the Moderate Rehabilitation Program. In an effort to lease available vouchers, Albemarle County opened its waiting ist in the fall of 2001 and again in the spring of 2002. The list currently contains approximately 600 names with eighty-nine percent (89%) having incomes below 30% of the area median. Sixty-seven percent (67%) were families with children and fourteen percent (14%) were families with one or more member being elderly or having a disability. SCREENING AND ADMISSIONS PREFERENCES The Office requires all documentation and verification to be supplied by the client and/or source of employment/income. In 2001 the Office began requiring the applicant to submit criminal history checks from the local law enforcement department to comply with HUD's requirements related to criminal background of applicants. It is the responsibility of the landlord to conduct any credit review or other reviews as allowed by law and regulation. The Office does target at least 75% of new admissions to those families with incomes at or below 30% of the area median income (extremely Iow income). The Office currently uses date and time of application as the means to determine admissions. The Office may use other criteria for "Special Purpose Vouchers" as appropriate. The special vouchers available are through the Family Unification Program with emphasis on keeping families together in cases where lack of housing may result in children separated from parent(s). The Office coordinates this program with the Department of Social Services. During the first two years of the current 5-year plan the County of Albemarle has not used any of the leasing preferences available. These preferences include working families, veterans, residents who live and/or work in the County, those enrolled in or previously enrolled in educational, training, or upward mobility programs, persons involuntary displaced, victims of domestic violence, residents of substandard housing, and the homeless. Given the tight housing market and common theme of lack of affordability by all segments of the Iow- and moderate-income population, the Office provided assistance on a first-come, first-served basis. As our lease-up rate continues to increase and our mission is to serve county residents, this Annual Plan proposes to qive preference to those who live and/or work in Albemarle County. This change, if adopted, must be approved by HUD prior to implementation. Upon issuance of a voucher, clients are provided a 60-day period in which to locate an affordable and acceptable housing unit. If, within this time, the client is not successful a 30-day extension may be requested in writing. The request must also include documentation of the client's efforts in searching for housing. In an effort to increase the utilization rate of the vouchers, the Office has begun to approve extensions only in cases that a successful lease is imminent. Generally, not more than two 30-day extensions will be granted. Although the Office would like to see all voucher holders find housing, it is important to maintain as many vouchers under lease as possible. Delays in negotiating leases may affect funding in subsequent years. Although not specifically required as a part of the Annual Plan, the Office of Housing proposes to require afl those persons not livinq in the County at time of application who eventually receive a voucher to lease in the County or City of Charlottesville for the first twelve months. Thereafter, the voucher holder wi//have the r~qht to "port out" to any/urisdiction. This requirement could be waived to allow a reasonable accommodation for disabled persons. NOTE: This is provided for in the program regulations but has not been a policy of the County. By not requiring this, staff has faced an increased workload with applicants from many other areas of the state as well as applicants from Maryland and New Jersey. Once these applicants 6 receive a voucher, they immediately port-out to the jurisdiction they came from. We currently have one voucher holder in New York with monthly assistance totaling almost $1400. RENT CALCULATIONS/RENT REASONABLENESS The payment standard for rents is 100% of the fair market rent (FMR) for all but 1-bedroom units for which the Office uses 110% of the FMR. The Office of Housing will continue to monitor the rental market as it relates to needed increases in the payment standard for two- and three-bedroom units. Fair market rent is based on rental costs for units of various bedroom sizes within the area. In addition to using FMR, the Office keeps a database of rental units in the Charlottesville/Albemarle area. Comparable units are located in the database for a rent reasonableness calculation. The lessor of the FMR or rent reasonableness calculation becomes the contract rent. NOTE: FMR is gross rent inclusive of utilities. To determine net rental any tenant-paid utilities must be subtracted from the FMR. Rent reasonableness calculations will take into account the amenities offered to and utilities paid by the tenant. Tenants are required to pay 30% of their adjusted gross income towards housing expenses when the rent is within the adopted payment standards for the program. Tenants may chose to rent a property with a higher rent, however, assistance will be provided based on the approved payment standard. In no case, will the Office approve an initial lease in which the gross rent (housing and utilities exceed 40% of the household income). Minimum Rent- Currently the Office has a policy for each tenant to pay a minimum of $25 toward rent and/or utility costs. This may be waived in hardship cases. Recalculation of Subsidy - The Office will continue to recalculate subsidy when there is a change in income in the household. In the past some of the vouchers have allowed recalculation at the time of renewal with the exception of cases of decreased income which could be recalculated at the time of notification. Recalculation can, as an option, be done only at renewal. There are a number of reasons for recalculating at the time of income change (increase) 1. Minimizes impact by adjusting rent at the time of income adjustment. Tenants could find other means of spending increased income and be negatively impacted at time of renewal with a decreased rental subsidy. 2. Decreased assistance will have positive budget implications in assisting other clients. 3. Minimizes abuse of the program when tenants adjust their income downward prior to recertification. OFFICE OF HOUSING The Office of Housing has nine staff ?ositions, eight of which are currently filled. · The Chief of Housing oversees the Office and all program activities and participates in developing/implementing policies related to affordable housing opportunities for the Counfy. · Housing Planner (currently vacant) provides research and analysis of housing programs and apailable resources and provides staff support to the Housing Committee · Rental Coordinator pro~ides daily o~ersightfor the Housing Choice Voucher Program including managing program budgets/payments · Two housing specialists who work with clients in issuing and renewing vouchers. · One housing specialist who conducts inspections, makes rent reasonableness calculations, and negotiates rental rates. · Two housing counselors, one of which is assigned to work with the Family Self-sufficiency Program and Family Unification Program and the other assigned to the Homebuyers Clubs. · Office assistant who acts as receptionist directing clients eo one of the specialists and coordinates activities with ¢he waiting list. GRIEVANCE PROCEDURES The Office's policy on informal hearings is as follows: The housing specialists, in consultation with the Rental Coordinator, make initial determinations/decisions based on interpretation of program policy and procedures. A client not agreeing with such determination/decision may make a written request for an informal hearing within ten days of notification of the action. The Chief of Housing will act as hearing officer for the informal hearing. If the Chief of Housing was directly involved in the initial action, another hearing officer will be designated. Decisbns made by the hearing officer will be based on interpretation of poli~ and regulations. HOMEO WNERSHIP PROGRAM Although allowed, the Office has not developed a program to allow use of Housing Choice Vouchers for homeownership. This allowance is relatively new with a lack of data on its success and the limited availability of morrgage financing for the required }unior mortgage. In addition, the demand for rental assistance remains extremely high and is considered a high ?riority housing need for the very low- and extremely low-income residents of the Counfy. The County still supports homeownershi? for lower-income, first-time homebuyers by providing funding for the Homebuyers Clubs. In addition, the AIbemarle Housing Initiative Fund can be used to finance downpayment and closing cost assistance. CURRENT~PROJECTED ACTIVITIES The Office has maintained approximately 380 vouchers under lease during the past year. The focus has been on increasing and maintaining utilization to achieve a 9,5% lease-up rate (440 units). As of May 6, 2002 442 vouchers were under lease. Efforts are underway to review and make revisions to the Family Self-Sufficiency Program. The Office has 12 openings for those voucher holders who volunteer to contract for this program that sets goals to increase upward mobility and reach a stage when public assistance is no longer needed. During the ?ming year, it is expected that 10I moderate rehab certificates will convert to housing choice vouchers. This process, which will take place over a four-month period, will require new leases and housing assistance payment con tracts for each unit. In an effort to increase the supply of housing, the Office of Housing will work with the Planning Department, Housing Committee, and County Executive staff in developing an affordable dwelling unit (ADU) ordinance. The General Assembly approved legislation during this year's session that gives the County more flexibility is establishing such an ordinance. Attachment D (To be scanned in later) PH to receive comments on the 2002 Annual Plan for the administration of the Section 8 Housing Choice Voucher Program - AUTHORIZED Chairman to sign certifications. 9 Attachment E CONDITIONS AND PROFFERS SP-2001-017 Merrie Meadows Conditions: 1. The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment E, titled Merrie Meadows Site Plan and dated 6-13-01; 2. A commercial entrance, subject to Virginia Department of Transportation standards, shall be constructed prior to the first camping event or regional event under this permit. Adequate sight distance will be required by either a dedication of a twenty-five (25)-foot right-of-way along the property line abutting Route 20 or the provision of a sight easement for the entrance subject to the approval of the Virginia Department of Transportation; 3. All required Health Department approvals sh all be obtained prior to the issuance of a building permit; 4. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial Zone setback standards [fifty (50) feet for rear and sides], as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance; 5. All outdoor activities and activities within any buildings on the subject site that produce noise that can be heard from adjoining properties shall cease between 10:00 p.m. and 8:00 a.m.; 6. SP-81-18 and all uses authorized thereby are terminated; 7. Prior to issuance of Certificate of Occupancy, everg teen trees, such as Virginia Cedar, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials type, size and location of installation shall provide a natural barrier to prevent direct glare onto the aforementioned adjacent residential property from headlights of vehicles traveling along the access road and shall be subject to approval of the Planning Director or designee. The landscape screening shall be maintained in such a manner that the screening shall be preserved; 8. The number of non-camping assemblies permitted on site exceeding one-hundred-seventy-five (175) people shall be limited to no more than seven (7) days per calendar year. Assemblies shall not include overnight stays by the attendees; 9. No more than three-hundred-fifty (350) people shall be permitted on the site at any time; 10. The camping operation shall be limited to the following: · The maximum number of camping (overnight) assemblies shall be five (5) per calendar year.. · The maximum length of time of the camping assemblies shall be limited to three (3) consecutive days and nights, · No more than five (5) cabins (existing), five (5) primitive campsites, and four (4) recreational vehicle sites shal be permitted. Primitive can be defined as a building or site without kitchen or bathroom facilities attached; and, 11. All expansions of the ch urch operation and its accessory uses shall require an amendment to this special use permit. SP-2001-0147 Albemarle Baptist Church Conditions: All requirements of the Architectural Review Board shall be met, including the site plan indicating the existing tree line and specific trees of six (6) inches or greater and retaining significant trees; The church's improvements and the scale and location of the improvements shall be developed in substantial compliance with the master plan entitled Albemarle Baptist Church, prepared by Dex A. Sanders, and dated 11/28/01; The area of assembly shall be limited to a maximum four-hundred-thirty-five (435)-seat sanctuary; Health Department approval of well and septic systems prior to final site plan approval; 10 7. 8. 9. Commercial setback standards, as set forth in Chapter 18, § 21.7.2 of the Albemarle County Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties; Any number of parking spaces in excess of the required minimum shall not be paved; There shall be no day care center or private school on-site without approval of a separate special use permit; Construction of Phase 1 [six-thousand (6,800) sq. ft. sanctuary] shall commence within forty- eight (48) months or this special use permit shall expire; and, All requirements of VDOT shall be met prior to final site plan approval, including approval of one entrance from Roselyn Ridge Road, with a one-hundred (100)-foot right-turn lane and one- hundred (100)-foot taper lane. ZMA-01-017 Hickory Ridge Equestrian Proffers: Future development of the property shall be restricted by the Hickory Ridge Covenants and Bylaws included in the "Statement of Subdivision Hickory Ridge Farm Section One and Section Two" duly recorded in the Albemarle County Deed Book 554, pages 43-58~ dated June 10, 1974, and "Amendment to Statement of Subdivision of Section One and Section Two" Hickory Ridge Farm duly recorded in Albemarle County Deed Book 572, pages 97-105, dated April 22, 1975. The owner shall record said restrictions against the property within thirty days of the date of Board approval of ZMA 01-17, with the Clerk of the Circuit Court of the County of Albemarle. Th e owner shall provide written evidence to the Director of Planning of the recording within seven days following the recording. The County of Albemarle shall not be responsible for enforcing any of the aforementioned Covenants and Bylaws. 2. No more than one residential dwelling shall be permitted on the property. The property shall not be further divided. SP-2002-03 Sam's Woodworkinq Conditions: There shall be no on-site sales; There shall be no outdoor storage of materials; All solvents/paints shall be disposed of in accordance with all applicable hazardous waste regulations; and, All production activity of custom-made furniture shall occur within the designated workshop area, not to exceed one-thousand-five-hundred (1,500)-sq. ft., as shown on Attachment A (on file in the Clerk's office). 11 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC 3 NAME (Plpase print clearly) 4 5 6 7 8 9 10 11 '12 13 14 15 RECEIVED A~T,BO$ MEETING Clerk's Initials: ~AY--0~--02 ~1 Service ! ? .... u n D .......... Ray P. MeCauley, Jr. ~ v ~r'~ x a (434) 823-7581 Crozeh Virginia 22932 May 9, 2002 County of Albemarle Board of Supervisors Attn: Chair, Vice-Chair & Board Members 401 Mcintire Road Charlottesville, Virginia 22902 DISTRIBUTED TO MAY 0 9 ZOOZ BOS on Dear Albemarle County Board of Supervisors, i am writing about a concern that I have on the Vehicle Assessment and Taxation that was imposed on our Business Vehicle and a Personal Vehicle. I would like clarifications as to how the Department of Finance & Taxation arrive at the Assessments they quote as the vehicle assessed tax val~uc, inuse to assess the roughly 80,000 or so vehicles in Albemarle County. I spoke briefly t0Mr. Melvin Broaden, Director of Finance and he explained that they use NADA and Fair Market Pricing. I can not fathom as to how this eould be done unless the overall vehicles body condition, mileage or purchase price is figured in this process. I was told that' the County of Albemarle would have to hire someone to obtain this information on the roughly 80,000 or so vehicles taxed in Albemarle County. I feel that if that would bring about a much more realistic Vehicle Assessment then the County of Albemarle should hire someone and be taxing vehicles for the correct amount they should be valued at, not more than what someone in the Fair Market would pay for vehicles. I foxed Mr. Broaden a letter and copy of the proof of purchase documents which showed this vehicle, purchased from a dealer to show proof of amount paid for the vehicle and mileage. Mr. Broaden informed me that 1 needed to pay my taxes as was assessed, as every'one else in Albemarle County would do. I explained my position and told Mr. Broaden that the Department of Finance in Albemarle County should take into consideration, when documented proof can show and support the Fair Market Value. Vehicles depreeiate for every year of life and you eau not substantiate the fact that just by depreciation alone that vehicles are being assessed correctly when other infractions; such as, mileage, damage and wear and tear arise on vehicles during the course of there life. We paid $ 2,702.00 for the 1.993 Ford F-150 4x2 to Campbell Equipment Company, with mileage showing at the time of purchase on 11/17/01 as 141,322 miles and the overall condition was fair. This wa~ a base truck, used by Helig Myers Furniture ~;tores to deliver items, prior to it being sold to CVR Rentals in Waynesboro, Virginia and then to Campbell's Equipment Company at AuctiOn. We responded to an ad for thc vehicle and purchased vehicle on 11/17/01 after test drive. NAtant plays 05-09-02P12:53 RCVD MA¥--09-02~ 11 :~4 K~l MARKETIN~ P. 0~ a major role In the pricing by dealers Is the mileage and overall body condition of the vehicle. Based on the mileage and body condition this vehicle would not fetch what the Department of Finance or Mr. Breedcn was speaking about or a Fair Market Price of $4,030.00, which Albemarle County wishes to Assess for thtq particular vehicle. ! asked that based on thc documents that they reduce the amount of tax they are assessing for this Business Vehicle. Also we're Assessed $9,150,00 for a 1998 GMC Sierra with 109,000 m/les on it and overall condition is good on this truck. This truck was used in a Construction Business and sold at Auction on 3/23/02, I was thc highest bidder with dealers on site. Other than the mileage on this particular truck it has scratches and few dings. We paid $5,000,00 as the purchase price to the Auetlon Service Who was conducting the Sale of the Vehicles. I ask that Albemarle County reduce the amount of the Tax Assessment for this Personal Vehicle. I do not believe that this 1998 GMC Sierra Pickup would bring $9,150.00 in the Fair Market. I will attend your next meeting on 5/15/02 and voice my concerns to the public and the Albemarle County Board of Supervisors. I feel that the public also should know that this is the way they ace assessing their vehicles in Albemarle County and Tax Assessors are using assumption methods to generate what they are calling Fair Market Tax Assessments on the roughly 80,000 or so vehicles in Albemarle County. I contend that without the condition and mBeage Information, vehicles can not be being taxed correctly. I feel that I am not the first Albemarle County Taxpayer to bring tbis complaint to the Albemarle County Department of Finance Director or the Albemarle County Board of Supervisors. What is the C~ounty Board of '- Supervisors prepared to do about thcs concern. Also is the County Board of Supervisors aware of the way in which we are asked to pay our Business Tax on Equipment used in our B~incsses? I received ray Tax A~eesment for my Business and am being asked to pay Business Taxes on "NA" What is "NA", are ~ve not entitled to a listing to know what this tax ~s based on f~r our Business Assessment. and Taxes." I feel the Board of Supervisors should discuss this m after and come to a reasonable ~ution, I feel that ta~ on my Business ~nd Personal Vehicle/s, should be basL-d on condition, mileage and pUrchase price. Overall a FAIR MARKET PRICE can not be derived unless the,consideration for these it, ems has taken place. If the County of Albemarle would like to purchase these vehscles for thc price that they are Assessing them, ! would be glad to negotiate the sale on the 1993 Ford or 1998 GMC Sierra. Otherwise ! ask that they reduce the Tax Assessments. Sincerely, Ray P. MeCauley, Jr. ' To: Members, Board of Supervisors ~ Subjecl= Reading List for May 15, 2002 Date: May 7, 2002 October 3, 200 I January 16, 2002 February 6, 2002 February 20, 2002 March 6, 2002 March 20, 2002 Pages 33 (beginning Item # I I) - end ~ Ms. Thomas Mr. Bowerman Pages t - 27 (end with Item # 12) - Ms. Thomas Pages 27 (beginning with Item #12) - end - Mr. Pertdns Mr. Martin Pages I - 16'(end with Item # I0) - Mr. Perkins Pages 16 (beginning with Item # 1 O) - Mr, MartJn Mr. DOrrier NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. /ewc COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Deed of dedication; authorize County Executive to accept deed of dedication on behalf of County SUBJECT/PROPOSALIREQUEST: Authorize County Executive to accept deed of AGENDA DATE: May 15, 2002 ACTION..: CONSENT AGENDA: ACTION: Yes ITEM NUMBER: INFORMATION: INFORMATION: dedication on behalf of County ATTACHMENTS' No S ' ~ BACKGROUN D: The Pavilion at Riverbend, LLC is the developer of the Riverbend Garden Apartments in the Pantops area of the County. SUB 02-057 is the final plat associated with the project, and it contains a note reserving a 22.717acre parcel that will be dedicated to the County at the 'County's request. DISCUSSION: The parcel to be dedicated will be part of the County's greenway system along the Rivanna River. The final plat is ready for approval. County staff has requested that the parcel be dedicated to the County, and the proposed deed will effectuate that conveyance. The proposed deed of dedication is being prepared by the County Attorney. The deed will convey in fee simple the parcel described above to the County for public purposes, subject to existing easements and other restrictions and reservations. Riverbend will reserve a license allowing it to continue to receive rent for an existing lease with a wireless service provider for a facility located in an existing electric tower on the property. RECOMMENDATION: Authorize the County ~:xecutive to execute the deed of dedication, thereby indicating acceptance of the dedication of the property by the County. 02.071 05-10-02A08:04 RCVD FAX (434) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 TTD (434) 972-4012 May 2, 2002 Mehdng Family Limited Partnership 3917 Hungrytown Road Covesville, VA 22931 05-03-02A09:37 RCVD RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax Map 97, Parcel 21B, (Property of Mehring Family Limited Partnership) Section 10.3.1 D-2002-7 REQUEST FOR REDETERMINATION OF PARCELS DATED April 9, 200? Dear Mehring Family Limited Partnership: 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 ruling of the Board of Zoning Appeals on February 12, 2002 is a thing decided. The portion of Tax Map 97 Parcel 21B located to the east of Route 698 contains three (3) parcels. The approximate boundaries between these parcels are shown on the sketch attached to this determination. The residue of Tract 1, known as the Eades Property, contains two (2) theoretical development rights. Tract 2, described as two upper mountain fields with woodland attached contains five (5) theoretical development rights. Tract 3, known as the Wingfield Tract containS five (5) theoretical development rights. An explanation of this determination follows. On October 1,2001 the Zoning Administrator issued a determination that on the date of adoption of the zoning ordinance the portion of Tax Map 97, Parcel 21B located on the east side of Route 698 was one parcel based on the finding that the most recent deed for the property prior to December 10, 1980, recorded in Deed Book 338, page 562, dated February 15, 1958 served to combine the three parcels identified in Deed Book 335, page 590, dated November 11, 1957 into one parcel. The Mehring Family Limited Partnership appealed that determination based in large part on the contention that the1958 deed did not extinguish the separate identity of the three parcels referenced in the 1957 deed. On December 4, 2001 the Board of Zoning Appeals held a hearing on this matter, but deferred its decision. On February 12, 2002 the Board voted 4:1 to overrule the Zoning Administrator's determination that Tax Map 97, Parcel 21B is one parcel. The Board agreed with the appellant that the parcel consists of three separate I:\DEPT~Building & Zoning\Determin of Parcel\Mehring2ndDetACE.doc Mehring Family Limited Partnership May 2, 2002 Page 2 parcels. The staff report contained a sketch that showed the approximate location of these parcels based on sketches contained in 'records in the Real Estate Department. On March 20, 2002 you submitted a letter and sketch that asserted the property originally consisted of five separate parcels. On April 9, 2002 you submitted additional information and a sketch asserting that the property originally consisted of six parcels. A decision of the Board of Zoning Appeals must be appealed to the Circuit Court within thirty days in accordance with Section 15.2-2314 of the State Code. In this instance, the deadline for filing an appeal with the Circuit Court was March 14, 2002. If a determination by a Board of Zoning Appeals is not appealed to the Circuit Court, the Board's decision becomes a thing decided. See Tran v. Gwinn, 262 Va. 572, (2001). I conclude with an effort to clarify the process used to determine parcels of record. It is entirely possible that separate parcels once existed as you describe them in your letter of April 9, 2002. This might explain the discrepancies in acreage and boundaries that exist in the various documents that deal with this property. However, a determination of parcels of record for the purpose of assigning development rights begins with the legal description found in the most recent deed prior to December 10, 1980, and proceeds backwards from there. At times, it may be necessary to go back in the chain of title to clarify the meaning or intent of the most recent deed. The purpose is to determine the parcels of record in existence on the date of the adoption of the ordinance. The fact that a tract of land once existed as a separate parcel does not mean that is now a separate parcel. 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 $95. The date notice of this determination was given is the same as the date of this letter. Sincerely, John Shepherd Manager of Zoning Administration Copies: Gay Carver, Real Estate Department Ella Carey, Clerk Board of Supervisors McChesney Goodall, ACE Program Coordinator Reading Files. h\DEP'l%Building & Zoning\Determin of Parcel\Mehdng2ndDetACE.doc r ~;'~:'Z:[~~..'''; :'c'~ ; '~'" ...' .,. .. . . ~.~ .. , 2..~. ::.' ,.'.: C..;'~ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance - Abatement of Real Estate Tax SUBJECT/PROPOSAL/REQUEST: Request adoption of an ordinance establishing abatement of levies on building that have been razed, destroyed or damaged by fortuitous happenings STAFF CONTACT(S): Messrs. Tucker, Davis, Breeden, Woodzell, Ms. White AGENDA DATE: May 15, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Draft Ordinance BACKGROUN D: This ordinance was considered by the Board on February 20, 2002. It has now been discovered that the ordinance was not propedy advertised. Therefore, the matter is being advertised for public hearing and will need to be readopted by the Board for the ordinance to be properly adopted. Virginia State Code Section 58.1-3222 enables a locality to provide, by ordinance, for the abatement of levies on buildings which are (i)razed, or (ii) destroyed or damaged by a fortuitous happening beyond the control of the owner. DISCUSSION: County Code Section 15-1001 provides for the assessment of all new buildings substantially completed or fit for use and occupancy prior to November 1 in the year of completion. The assessment is prorated based on the portion of the year the building is substantially completed or fit for occupancy. Currently, however, there is no County ordinance providing for the abatement of levies on buildings that have been razed, or destroyed or damaged after January 1 of each year. To promote taxation equity, the ability to abate levies as provided in Virginia Code Section 58.1-3222, should be enacted effective for the 2002 tax year. The financial impact to the County would be minimal. The County Attorney's office has drafted the attached ordinance based on the enabling State legislation. RECOMMENDATION: Staff recommends the Board of Supervisors adopt the attached ordinance after the public hearing is held. 02.056 04-23-02A10:07 RCYD ORDINANCE NO. 02-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE- IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article X, Real Estate- In General, of the Code of the County of Albemarle is amended and reordained as follows: By Adding: Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings. Chapter 15. Taxation Article X. Real Estate- In General Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings. Levies may be abated on buildings which are (i) razed, or (ii) destroyed or damaged by a fortuitous happening beyond the control of the owner. No such abatement, however, shall be allowed if the destruction or damage to such building shall decrease the value thereof by less than $500. Also, no such abatement shall be allowed unless the destruction or damage renders the building unfit for use and occupancy for thirty days or more during the calendar year. The tax on such razed, destroyed or damaged building is computed according to the ratio which the portion of the year the building was fit for use, occupancy and enjoyment bears to the entire year. Application for such abatement shall be made by or on behalf of the owner of the building within six months of the date on which the building was razed, destroyed or damaged. (Ord. 02-15(1), 5-15-02) State law reference-Va. Code § 58.1-3222. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of 6 to 0, as recorded below, at a regular meeting held on May 15, 2002. o rdo Co , "' Aye Nay Mr. Bowerman x Mr. Dorrier x Mr. Rooker x Mr. Martin x Mr. Perkins x Ms. Thomas ~ Draft: April 22, 2002 ORDINANCE NO. 02-15(1) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE X, REAL ESTATE - IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article X, Real Estate - In General, of the Code of the County of Albemarle is amended and reordained as follows: By Adding: Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous happenings. Chapter 15. Taxation Article X. Real Estate - In General Sec. 15-1003 Abatement of levies on buildings razed, destroyed or damaged by fortuitous hannenines_ . Levies may be abated on buildings which are (i) razed, or (ii) destroyed or damaged by a fortuitous happening beyond the control of the owner. No such abatement, however, shall be allowed if the destruction or damage to such building shall decrease the value thereof by less than $500. Also.. no such abatement shall be allowed unless the destruction or damage renders the building unfit for use and occupancy for thirty days or more during the calendar year. The tax on such razed, destroyed or damaged building is computed according to the ratio which the portion of the year the building was fit for use, occupancy and enioyment bears to the entire year. Application for such abatement shall be made by or on behalf of the owner of the building within six months of the date on which the building was razed, destroyed or damaged (Ord. 02-15(1), 5-15-02) State law reference- Va. Code § 58.1-3222. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of__ to , as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Mr. Rooker Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Amendment to County Code Section 15-802, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate SU BJ ECT/PROPOSALIREQU EST: Ordinance to amend the deadline and late filing deadline and fee for land use applications STAFF CONTACT(S): Messrs. Tucker/Breeden/Davis AGENDA DATE: May 15, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Proposed ordinance BACKGROUND: The Virginia Code requ'res a new Land Use application to be filed whenever the acreage or use of an eligible parcel changes. The State-imposed filing deadlines have sometimes resulted in parcels being disqualified from the program due to very insignificant changes in acreage when the filing deadlines are missed. DISCUSSION: The Virginia Code provides that an application for Land Use must be filed sixty days prior to the effective tax year (November 2) except in a general reassessment year. In the year of a general reassessment, every odd year for Albemarle County, the deadline is thirty days after notices of reassessment are mailed. Albemarle County's reassessment notices are usually mailed as of December 31 of the year prior to the effective date of the reassessment. These deadlines are often overlooked by taxpayers resulting in their disqualification and often come to the attention of staff too late to advise the taxpayer of the requirement. For example, if a taxpayer sells several acres on November 15, 2001, he has no way of qualifying for 2002 since the deadline for filing was November 2, 2001. Staff, in addition to this proposed ordinance amendment, is working to devise a better system to alert persons subdividing RA property of the reapplication requirements. Several amendments to the State Code over the last several years now allow localities the local option to be more flexible. The County is now allowed to adopt a local ordinance providing a sixty-day late filing period after November 2 in non-reassessment years and after January 30 in reassessment years. In addition, the County may allow a 30-day filing period after the mailing of any notice of assessment. The second option should provide a remedy for most situations since Albemarle County sends a notice to all property owners being disqualified. A fee for each of these options must be assessed. The proposed ordinance incorporates both of the above options. Due to the relatively small nu tuber of taxpayers impacted by this, staff would anticipate notifying each by certified mail. In many cases, this new application may be filed after the June tax bills are prepared. Due to the additional staff time involved to adjust the tax bill as well as notification expense, staff is recommending a $200 fee for both options. Staff estimates that the minimum actual cost will be $50 to $100, inclusive of staff time and mailings, but feels that the fee should encourage taxpayers to file by the normal deadlines as well as discourage this refiling process where there is minimal savings for the taxpayer. A review of fees charged by other localities revealed a range of fees from $50 to $100. RECOMMENDATION: Staff recommends adoption of the proposed ordinance. 04-30-02Pt2:39 RCVD 02.068 ORDINANCE NO. 02-15(3) AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VIII, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, is hereby mended and reordained as follows: By Amending: Sec. 15-802 Applications for assessment--By property owner CHAPTER 15. TAXATION ARTICLE VIII. SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE See. 15-802 Applications for assessment--By property owner. A. The owner of any real estate meeting the criteria set forth in sections 15-800 and 15-804 herein and the standards adopted by the Commissioner of Agriculture and Consumer Services, the Department of Forestry or the Department of Conservation and }fistoric Resources, and this article, must submit an application for taxation on the basis of a use assessment to the local assessing officer at least sixty days preceding the tax year for which such taxation is sought or within thirty (30) days of the mailing of notices of a general reassessment~ whichever is later. An individual who is an owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. B. Applications may be filed no later than sixty days aRer the filing deadline specified herein, upon the payment of a late filing fee of one hundred twenty-five dollars ($125.00). In addition, a further extension of the filing deadline is permitted, upon payment of an extension fee of one hundred twenty-five dollars ($125.00), to a date no later than thirty days after a notice of assessment is mailed. An application shall be submitted whenever the use or acreage of such land previously approved changes. No application fee will be required when the change in acreage occurs solely as a result of a conveyance necessitated by government action or condemnation of a portion of any land previously approved for taxation on the basis of use assessment. Failure to submit an application by the specified deadline shall disqualify the entire parcel for taxation under this article. Applications shall be submitted on forms prepared by the state tax commissioner and supplied to the county for use of the applicants. A separate application shall be filed for each parcel listed on the land book. (8-23-73; 8-13-75; 4-21-76; 4-13-88; Ord. of 8-11-93; Code 1988, § 8-33; Ord. 98-A(1), 8-5-98; Ord. 02-15(3), 5- 15-02) State law reference-Va. Code § 58.1-3234. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of 6 to 0, as recorded below, at a regular meeting ~.held on May 15, 2002. C]~l~'~d'ot~County Supervis~ Aye. Nay Mr. Bowerman x Mr. Dorrier x Mr. Rocker x Mr. Martin x Mr. Perkins x Ms. Thomas x ORDINANCE NO. 02-15(3) Draft: April 29, 2002 AN ORDINANCE TO AMEND CHAPTER 15, TAXATION, ARTICLE VIII, SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 15, Taxation, Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, is hereby amended and reordained as follows: By Amending: Sec. 15-802 Applications for assessment--By property owner CI-IAPTER 15. TAXATION ARTICLE VIII. SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE Sec. 15-802 Applications for assessment--By property owner. A. The owner of any real estate meeting the criteria set forth in sections 15-800 and 15-804 herein and the standards adopted by the Commissioner of Agriculture and Consumer Services, the Department of Forestry or the Department of Conservation and Historic Resources, and this article, must submit an application for taxation officer b~ .......... ~.r~t at least sixty days preceding the tax on the basis of a use assessment to the local assessing "~'* ..... year for which such taxation is sought or within thirty (30) days of the mailing of notices of a general reassessment, whichever is later. An individual who is an owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. taxaac, n ~a o,~,,~ Applications may be filed no later than sixty days after the filing deadline specified herein, uvon the payment of a late filin~ fee of two hundred dollars ($200.00). In addition, a further extension of the filing deadline is p~rr. itted, ut~on ~avment of an extension fee of two hundred dollars ($200.00), to a date no later than thirty days after a notice of assessment is mailed. An an~lication shall be submitted whenever the use or acreage of such land previously approved changes. No acvlication fee will be reauired when the chan~e in acreage occurs solely as a result of a conveyance necessitated by ~ovemment action or condemnation of a vortion of any land previously anvroved for taxation on the ba,qi~ of use assessment. Failure to submit a thor,:-, .... an an~lication by the s~ecified deadline shall disqualify the entire parcel for taxation under this article. Applications shall be submitted on forms prepared by the state tax commissioner and supplied to the county for use of the applicants. A separate application shall be filed for each parcel listed on the land book. (8-23-73; 8-13-75; 4-21-76; 4-13-88; Ord. of 8-11-93; Code 1988, § 8-33; Ord. 98-A(1), 8-5-98; Ord. 02-15(3), 5- 15-02) State law reference--Va. Code § 58.1-3234. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to , as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dorrier Mr. Rooker Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON Public hearing on an ordinance to amend Chapter 15, Taxation, of the Albemarle County Code to Article VIII, Special Assessments for Agricultural, Horticultural, Forest or Open Space Real Estate, to establish a late application/reapplication process for taxation on the basis of use assessment. NAME 2 //~,~/c~/~ (PLEASE PRINT CLEARLY) MAILING ADDRESS TELEPHONE 7 8 10 11 12 3 14 15 16 17 18 19 2O COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing on Albemarle County's Annual Plan for Administering Housing Choice Vouchers SUBJECT/PROPOSAL/REQUEST: Housing Choice Voucher Annual Plan for FY beginning July 1,2002 STAFF CONTACT(S): Tucker, Roxanne White, Ron White AGENDA DATE: May 15, 2002 ACTION: X CONSENTAGENDA: ITEM NUMBER: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY.'~~ BACKGROUND: The U.S. Department of Housing and Urban Development requires each public housing agency to prepare a five-year plan for administering public housing assistance programs. Administration of the Section 8 Housing Choice Vouchers makes Albemarle County subject to this requirement. In addition to completing a five-year plan, an Annual Plan must be submitted each year. A Public Hearing is required prior to Plan submission. An executive summary of the Plan is attached. DISCUSSION: The Annual Plan provides an outline for the implementation of the Section 8 Housing Choice Voucher Program including information on current needs from the Consolidated Plan for the Thomas Jefferson HOME Consortium, the makeup of the County's existing waiting list, and the proposed funding available for activities during the program year. Much of the Plan is developed based on federal requirements with little or no opportunity for local discretion. There are two areas for which local options are available where changes are proposed from last year's plan. They are 1. Payment Standards - Currently the County uses a payment standard of 100% of the fair market rent. Fair market rents are based on the 40m percentile rents in the area. For one-bedroom units we are finding the market is very limited within the current rent structure. HUD regulations allow the locality to raise rents to 110% of fair market rent. The Annual Plan reflects this proposed change. This allows gross rents (including all utilities) on one-bedroom units to increase from $530 to $583 per month. Two- and three-bedroom rents will be closely monitored for possible future change to 110%. 2. Admissions Preference - Currently the Office uses date and time of application as the only admissions preference (first-come, first-served). Due to the limit on the number of available vouchers, we are proposing to give a p reference to those who live in orwork inAIbemarle County. In addition to the limited number of vouchers, the Office is investing a lot of time working with applicants from other jurisdictions, some from out-of-state. By requesting approval of the proposed preference by HUD, we can initially focus our time on serving Albemarle residents. A recent analysis of new applicants to our waiting list indicated that 21% were living in the County and 43% living in Charlottesville. Information on where the applicants work will not be available until a full application is taken. The Plan .has been available in the Office on Housing for a 45-day review period. It has also been available for review in the Office of the Clerk for the Board of Supervisors and on the County web site. The Housing Committee met on May 8m and approved the proposed changes to the Annual Plan. RECOMMENDATION: Staff reCommends conducting a public hearing and approval of the proposed submission. In addition, staff requests that the certifications be signed by the Board Chairperson or designee. 02.069 05-09-02Att:22 RCVD ALBEMARLE COUNTY PHA Plan EXECUTIVE SUMMARY - Year 3 Fiscal Year Beginning July 1, 2002 Plan BACKGROUND The Albemarle County Office of Housing is the designated local agency for the administration of the Housing Choice Voucher Program (hereinafter referred to as the program), formerly known as Section 8 Rental Assistance Program. The Office is a part of the executive branch of local government and not a public housing authority. However, with respect to the program, the Office must comply with requirements of the U.S. Department of Housing and Urban Development (HUD) regarding activities as a Public Housing Agency (PHA) including the development of a 5-year PHA Plan and Annual Plans. The Office submitted its 5-Year PHA Plan and first year Annual Plan to HUD in January 2001. This summary provides general information on the proposed Year 3 Plan. Proposed revisions are underlined italics. MISSION AND GOALS It is the mission'of the Albemarle County Office of Housing to Promote opportunities for all county citizens to secure and maintain safe, decent, accessible, and affordable housing with emphasis given to those least able to obtain it. In carrying out this mission, the following goals have been set: · Expand the supply of assisted housing by coordinating with and leveraging resources from other public and private entities; · Improve the quality of assisted housing through improved voucher management and increased client input; · Increase assisted housing choices by outreach to potential landlords and replacement of project-based assistance with tenant-based vouchers; · Promote self-sufficiency and asset development of families through the Family Self-sufficiency Program and comprehensive housing counseling; and · Ensure equal opportunity and affirmatively further fair housing by taking measures assuring equal access regardless of race, color, religion, national origin, sex, familial status, and disability. ANNUAL PLAN - FY2002-03 Based on a needs assessment conducted for the Consolidated Plan of the City of Charlottesville and the Thomas Jefferson HOME Consortium, the following needs were identified. Based on this assessment each need was assigned a number rating its impact with 5 being "severe impact" and 1 being "no impact". Affordability 4.5 Supply 3.75 Location 3.5 Accessibility 2.75 Size 2.25 These impacts are indicative of the tight housing supply in and around the urban ting and the expressed needs to live closer to jobs and services to avoid commuting costs. There is evidence, however, that many commuters accept the trade-off of a thirty-mile commute if it means more access to affordable housing. WAITING LIST The Office maintains a waiting list that includes lists' for all available voucher programs including project-based assistance through the Moderate Rehabilitation Program. In an effort to lease available vouchers, Albemarle County opened its waiting list in the fall of 2001 and again in the spring of 2002. The list currently contains approximately 600 names with eighty-nine percent (89%) having incomes below 30% of the area median. Sixty-seven percent (67%) were families with children and fourteen percent (14%) were families with one or more member being elderly or having a disability. SCREENING AND ADMISSIONS PREFERENCES The Office requires all documentation and verification to be supplied by the client and/or source of employment/income. In 2001, the Office began requiring the applicant to submit criminal history checks from the local law enforcement department to comply with HUD's requirements related to criminal background of applicants. It is the responsibility of the landlord to conduct any credit review or other reviews as allowed by law and regulation. The Office does target at least 75% of new admissions to those families with incomes at or below 30% of the area median income (extremely low income). The Office currently uses date and time of application as the means to determine admissions. The Office may use other criteria for "Special Purpose Vouchers" as appropriate. The special vouchers available are through the Family Unification Program with emphasis on keeping families together in cases where lack of housing may result in children separated fi:om parent(s). The Office coordinates this program with the Department of Social Services. During the first two years of the current 5-year plan, the County of Albemarle has not used any of the leasing preferences available. These preferences include working families, veterans, residents who live and/or work in the County, those enrolled in or previously enrolled in educational, training, or upward mobility programs, persons involuntary displaced, victims of domestic violence, residents of substandard housing, and the homeless. Given the tight housing market and common theme of lack of affordability by all segments of the low- and moderate-income population, the Office provided assistance on a first-come, first-served basis. As our lease-up rate continues to increase and our mission is to serve count_ residents, this Annual Plan proposes to give preference to those who live and/or work in Albemarle Count_. This change, if adopted, must be approved by HUD prior to implementation. Upon issuance of a voucher, clients are provided a 60-day period in which to locate an affordable and acceptable housing unit. If, within this time, the client is not successful a 30-day extension may be requested in writing. The request must also include documentation of the client's efforts in searching for housing. In an effort to increase the utilization rate of the vouchers, the Office has begun to approve extensions only in cases that a successful lease is imminent. Generally, not more than two 30-day extensions will be granted. Although the Office would like to see all voucher holders find housing, it is important to maintain as many vouchers under lease as possible. Delays in negotiating leases may affect funding in subsequent years. Although not specifically required as a part of the Annual Plan, the Office of Housing proposes to require all those persons not living in the CounW_ at time of application who eventually receive a voucher to lease in the Count[ or CiW_ of Charlottesville for the first twelve months. Thereafter, the voucher holder will have the right to "port out" to any jurisdiction. This requirement could be waived to allow a reasonable accommodation for disabled persons. NOTE: This is provided for in the program regulations but has not been a policy of the County. By not requiting this, staff has faced an increased workload with applicants fi:om many other areas of the state as well as applicants from Maryland and New Jersey. Once these applicants receive a voucher, they immediately port- out to the jurisdiction they came fi:om. We currently have one voucher holder in New York with monthly assistance totaling almost $1400. RENT CALCULATIONS/RENT REASONABLENESS The payment standard for rents is 100% of the fair market rent (FMR) for all but 1- bedroom units for which the Office uses 110% of the FMR. The Office of Housing will continue to monitor the rental market as it relates to needed increases in the payment standard for two- and three-bedroom units. Fair market rent is based on rental costs for units of various bedroom sizes within the area. In addition to using FMR, the Office keeps a database of rental units in the Charlottesville/Albemarle area. Comparable units are located in the database for a rent reasonableness calculation. The lessor of the FMR or rent reasonableness calculation becomes the contract rent. NOTE: FMR is gross rent inclusive of utilities. To determine net rental any tenant-paid utilities must be subtracted from the FMR. Rent reasonableness calculations will take into account the amenities offered to and utilities paid by the tenant. Tenants are required to pay 30% of their adjusted gross income towards housing expenses when the rent is within the adopted payment standards for the program. Tenants may chose to rent a property with a higher rent, however, assistance will be provided based on the approved payment standard. In no case, will the Office approve an initial lease in which the gross rent (housing and utilities exceed 40% of the household income). Minimum Rent - Currently the Office has'a policy for each tenant to pay a minimum of $25 toward rent and/or utility costs. This may be waived in hardship cases. Recalculation of Subsidy - The Office will continue to recalculate subsidy when there is a change in income in the household. In the past some of the vouchers have allowed recalculation at the time of renewal with the exception of cases of decreased income which could be recalculated at the time of notification. Recalculation can, as an option, be done only at renewal. There are a number of reasons for recalculating at the time of income change (increase) 1. Minimizes impact by adjusting rent at the time of income adjustment. Tenants could fred other means of spending increased income and be negatively impacted at time of renewal with a decreased rental subsidy. 2. Decreased assistance will have positive budget implications in assisting other clients. 3. Minimizes abuse of the program when tenants adjust their income downward prior to recertification: OFFICE OF HOUSING The Office · of Housing has nine staff positions, eight of which are currently filled. The Chief of Housing oversees the Office and all program activities and participates in developing/implementing policies related to affordable housing opportunities for the County. Housing Planner (currently vacant) provides research and analysis of housing programs and available resources and provides staff support to the Housing Committee Rental Coordinator provides daily oversight for the Housing Choice Voucher Program including managing program budgets/payments Two housing specialists who work with clients in issuing and renewing vouchers. · One housing specialist who conducts inspections, makes rent reasonableness calculations, and negotiates rental rates. · Two housing counselors, one of which is assigned to work with the Family Self-sufficiency Program and Family Unification Program and the other assigned to the Homebuyers Clubs. · Office assistant who acts as receptionist directing clients to one of the specialists and coordinates activities with the waiting list. GRIEVANCE PROCEDURES The Office's policy on informal hearings is as follows: The housing specialists, in consultation with the Rental Coordinator, make initial determinations/decisions based on interpretation of program policy and procedures. A client not agreeing with such determination/decision may make a written request for an informal hearing within ten days of notification of the action. The Chief of Housing will act as hearing officer for the informal hearing. If the Chief of Housing was directly involved in the initial action, another hearing officer will be designated. Decisions made by the hearing officer will be based on interpretation of policy and regulations. HOMEOWNERSHIP PROGRAM Although allowed, the Office has not developed a program to allow use of Housing Choice Vouchers for homeownership. This allowance is relatively new with a lack of data on its success and the limited availability of mortgage financing for the required junior mortgage. In addition, the demand for rental assistance remains extremely high and is considered a high priority housing need for the very low- and extremely low- income residents of the County. The County still supports homeownership for lower- income, first-time homebuyers by providing funding for the Homebuyers Clubs. In addition, the Albemarle Housing Initiative Fund can be used to finance downpayment and closing cost assistance. CURRENT/PROJECTED ACTIVITIES The Office has maintained approximately 380 vouchers under lease during the past year. The focus has been on increasing and maintaining utilization to achieve a 95% lease-up rate (440 units). As of May 6, 2002 442 vouchers were under lease. Efforts are underway to review and make revisions to the Family Self-Sufficiency Program. The Office has 12 openings for those voucher holders who volunteer to contract for this program that sets goals to increase upward mobility and reach a stage when public assistance is no longer needed. During the coming year, it is expected that 101 moderate rehab certificates will convert to housing choice vouchers. This process, which will take place over a four-month period, will require new leases and housing assistance payment contracts for each unit. In an effort to increase the supply of housing, the Office of Housing will work with the Planning Department, Housing Committee, and County Executive staff in developing an affordable dwelling unit (ADU) ordinance. The General Assembly approved legislation during this year's session that gives the County more flexibility is establishing such an ordinance. U.S. Department of Housing and Urban Development Office of Public and I~dian Housing PHA Certifications of Compliance with the PHA Plans and Related, RegUlations Board Resolution to Accompany the PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year Plan and Annual Plan for PHA fiscal year beginning craig. 1,200,2hereinafter referred to as the Plan of which this document is a part and make the following certifications and agreements with the Department of Housing Development (HUD) in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 5. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 6: The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the j urisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 7. For PHA Plan that includes a policy for site based waiting lists: · The PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner (as specified in PIH Notice 99-2); · The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; · Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; · The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; · The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 1 of 3 U.S. Department of Housing and Urban Development Office of Public and lodian Housing 8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrminafion Act of 1975. 9. The PI-IA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low- or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 11. The PHA has submitted with the Plan a certification with regard to a drag free workplace required by 24 CFR Part 24, Subpart F. 12. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. 13. For PHA Plan that includes a PHDEP Plan as specified in 24 CFR 761.21: The PHDEP Plan is consistent with and conforms to the "Plan Requirements" and "Grantee Performance Requirements" as specified in 24 CFR 761.21 and 761.23 respectively and the PHA will maintain and have available for review/inspection (at all times), records or documentation of the following: · Baseline law enforcement services for public housing developments assisted under the PHDEP plan; · Consortium agreement/s between the PHAs participating in the consortium and a copy of the payment agreement between the consortium and HUD (applicable only to PHAs participating in a consortium as specified under 24 CFR 761.15); · Parmership agreements (indicating specific leveraged support) with agencies/organizations providing funding, services or other in-kind resources for PHDEP-funded activities; · Coordination with other law enforcement efforts; · Written agreement(s) with local law enforcement agencies (receiving any PHDEP funds); and · All crime statistics and other relevant data (including Part I and specified Part II crimes) that establish need for the public housing sites assisted under the PHDEP Plan. 14. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 15. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 16. The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58. 17. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 18. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 19. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. 20. The PI-IA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 21. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 2 of 3 U.S. Department of Housing and Urban Development Office of Public and Indian Housing 22. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for punic inspection. All required supporting documents have been made available for public inspection along with the Plan and attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. Albemarle County VA036 PHA Name PHA Number S~gn~d/Datb"d by pHA Board Chair or other authorized PHA official PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 3 of 3 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 04-16-02A0~:03 RCVD Apdl 15, 2002 David M. Rutt 2860 Cindy Lane Charlottesville, VA 22911 RE: SP-2001-017 Merrie Meadows, Tax Map 48, Parcel 15A Dear Mr, Rutt: The Albemarle County Planning Commission at its meeting on April 9, 2002, unanimously recommended approval to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment E, titled Merrie Meadows Site Plan and dated 6-13:01. 2. A commercial entrance, subject to Virginia Department of Transportation standards, shall be constructed prior to the first camping event or regional event under this permit. Adequate sight distance will be required by either a dedication of a 25' right-of-way along the property line abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virgima Department of Transportation. 3. All required Health Department approvals shall be obtained prior to the issuance of a building permit. 4. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial Zone setback standards (50 feet for rear and sides), as set forth in Section 21.7.2 of the Albemar e Zoning Ordinance. 5. All outdoor activities and activities within any buildings on the subject site that produce noise that can be heard from adjoining properties shall cease after 10 P.M. 6. SP 81-18 and all uses authorized thereby are terminated. .7. Prior to issuance of Certificate of Occupancy, evergreen trees, such aa_ Virginia Cedar, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials type, size and location of installation shall provide a natural barrier to prevent direct glare cnto the aforementioned adjacent residential property from headlights of vehicles traveling along the access road and shall be subject to approval of the Planning Director or designee. The landscape screening shall be maintained in such a manner that the screening shall be preserved. 8. The regional meetings shall be limited to the following: · The number of regional assemblies permitted on the site shall be a maximum of seven days per calendar year. The regional assemblies shall not include overnight stays by the attenoees. 9. No more than 350 people shall be permitted on the site at any time. 10. The camping operation shall be limited to the followingL · The maximum number of camping (overnight) assemblies shall be five per calendar year; · The maximum length of time of the camping assemblies shall be limited to three consecutive days and nights. · No more than five cabins (existing), six primitive campsites, and four Recreational Vehicle sites shall be permitted. Primitive can be defined as a building or site without kitchen or bathroom facilities attached. Page 2 Apd115, 2002 11. All expansions of the church operation and its accessory uses shall require an amendment to this special use permit Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15, 2002. 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 headng date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Principal Planner JM/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Matt Gdmes, VDOT COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 01-17 Merde MeadOws SUBJECTIPROPOSAL/REQUEST: The Board of Supervisors referred SP 01-17 back to the Planning Commission, in order for the Commission to consider the accessory uses, including overnight camping, as part of the special use permit for a church. STAFF CONTACT(S): Cilimberg; McDowell REVIEWED BY: Benish; Cilimberg AGENDA DATE: May 15, 2002 ACTION: X CONSENT AGENDA: ACTION: No ATTACHMENTS: Yes I~M NUMBER: INFORMATION: INFORMATION: BACKGROUND: On October 10, 2001, the Board of Supervisors referred the request for a church use back to the Planning Commission, in order for the Commission to consider new information regarding accessory uses to the chUrch /....application and to review new conditions of approval associated with the camping operation. As previously discussed lin the staff report dated July 17, 2001 (Attachment E), SP-1985-035 for a special use permit allowing four cabins for weekend Ioctging two times a year was approved with a condition that restricted the camp use to the owner rather than the land (Attachment F). When the owner transferred the property into a family trust, the special use permit became invalid. At the time the Planning Commission recommended approval of the special use permit for the church (SP 01-17), it was believed that the camping operation would require a separate special use permit (Attachment D -July 17, 2001, hearing minutes). DISCUSSION: The Religious Land Use and Institutionalized Persons :Act of 2000 restricts governments from imposing or implementing land use regulations "in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution" unless there is a compelling governmental interest and the regulation is the least restrictive means for furthering that interest. Based on the applicant's statements at the Board meeting on September 9, 2001, public hearing and wdtten materials thereafter submitted, staff has determined that the camping activities associated with the congregation are accessory to the primary church use. Cumulative impacts resulting from both the church and potential accessory uses required further review by zoning, engineering, and the Health Department. These impacts include noise lights, traffic, water, septic and waste management issues. /..~With the exceptions of the Health Department and Planning Department, no additional comments from the other reviewing departments were received. The Health Department evaluation included the kitchen and bathroom facilities, as well as the water and sewer capability. SP 01-17 Merrie Meadows 04115/02 The Health Department concluded that Merrie Meadows could operate under conditions specified in their letters dated January 24, 2002 and January 29, 2002. Both letters are attached, as reference (Attachments A and B). On August 15, 2001, the Board of Supervisors deferred SP 01-17 until September 5, 2001, in order for staff to provide additional information regarding issues discussed at their meeting. The additional information that led revised conditions is included as Attachment C. These conditions have been incorporated into the conditions approval, at the end of this Summary. As a result of the additional review, conditions of approval have been added which address the camp and potential future accessory uses for church. All changes from the original conditions recommended by the Commission on July 17, 2001, have been underlined, for clarification. It should be noted that the information contained in these conditions conceming the maximum number of people attending the events and the number of events to be held was provided by the applicant in his application (Attachment E). RECOMMENDED ACTION: Staff recommends APPROVAL of SP 01-17, subject to the following conditions: 1. The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment E, titled Merrie Meadows Site Plan and dated 6-13-01. 2. A commercial entrance, subject to Virginia Department of Transportation standards, shall be constructed prior to the first camping event or regional event under this permit. Adequate sight distance will be required by either a dedication of a 25' right-of-way alOng the property tine abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virginia Department of Transportation. 3. All required Health Department approvals shall be obtained prior to the issuance of a building permit. 4. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial Zone setback standards (.50 feet for rear and sides), as set forth in Secti.on~.~. 21.7.2 of the Albemarle Zoning Ordinance. 5. All outdoor activities and activities within any buildings on the subject site that produce noise that can be~/ heard from adjoining properties shall cease after 10 P.M. 6. SP 81-18 and all uses authorized thereby are terminated. 7. Prior to issuance of Certificate of Occupancy, evergreen trees, such as Virginia Cedar, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials type, size and location of installation shall provide a natural barrier to prevent direct glare onto the aforementioned adjacent residential property from headlights of vehicles traveling along the access road and shall be subject to approval of the Planning Director or designee. The landscape screening shall be maintained in such a manner that the Screening shall be preserved. 8. The regional meetings shall be limited to the following: · The number of regional assemblies permitted on the site shall be a maximum of seven days per calendar year. The regional assemblies shall not inClude overnight stays by the attendees. 9. No more than 350 people shall be permitted on the' site at any time. 10. The camping operation shal' be limited to the following: · The maximum number of camping (overnight) assemblies shall be five per calendar year; · The maximum length of time of the camping assemblies shall be limited to three consecutive days and nights. · No more than five cabins (existing), six primitive campsites, and four Recreational Vehicle sites shall be permitted. Primitive can be defined as a building or site without kitchen or bathroom facilitieS attached. 11. All expansions of the church operation and its accessory uses shall require an amendment to this special use permit. SP 01-17 Merrie Meadows 04/15/02 2 ATTACHMENTS: B C D E F Letter from Catherine Cummins of the Commonwealth of Virginia Thomas Jefferson Health Distdct dated January 24, 2002 Letter from Michael R. Smythers of the Commonwealth of Virginia Thomas Jefferson Health Distdct dated January 29, 2002 Executive Summaries to the Board of Supervisors for the October 10, 2001, September 19, 2001, and September 5, 2001, agendas Minutes for SP 01-17 and SDP 01-036 (site plan waiver) dated July 17, 2001, for the Planning COmmission hearing Planning Commission hearing staff report dated July 17, 2001 Action Letter from Janice Wills/Albemarle Department of Planning and Community Development dated August 12, 1985 SP 01-17 Merrie Meadows 3 04/15/02 In Cooperation with the State Department of Health Office of Environmental Health Phone (804) 972-6259 FAX (804) 972-4310 COMMONWEALTH of V RQ N A Thomas Jefferson ttealth District 1'138 Rose Hill Drive P. O. Box 7546 Charlottesville, Virginia 22906 January 24, 2002 ATTACHMENT A ALBEMARLE -- CHARLOTTESVILLE FLUVANNA COUNTY (PALMYRA) GREENE COUNTY [STANARDSVILLE) LOUISA COUNTY (LOUISA} NELSON COUNTY (LOVINGSTON] H. J. Cotton, Trustee 2840 Cindy Lane Charlottesville, Va. 22911 Re: Merrie Meadows located at 2900 Merrie Meadow Lane, Keswick Dear Mr. Cotton, The intent of this communication is to document the results of our review of the plans for the kitchen/dining area and the campground. A separate letter has been forwarded from Michael Smythers regarding the 'sewage disposal system and estimated water use figures for your facility.- Please refer to that document, as well as your copies of the Regulations for additional information. Since there are separate pieces to this evaluation I have elected to separate my comments into specific categories, as follows: A. Food Service Kitchen and Dining/Meeting Area 1. The plan appears to accommodate all of the minimum fixture requirements of the Regulations Governing Foodservice Facilities (Regulations). It has been discussed that the Commonwealth of Virginia will soon have a new set of Regulations, and these new standard~ will be in effect by the time you have completed construction. We are therefore requesting that you meet a minimum standard that is not currently required, and that is to have a minimum of 50 foot-candles of light in the main kitchen. We will be able to measure the lighting with a light meter at the time of our preliminary site evaluations. A site visit was conducted to look at a few pieces of existing equipment that you propose to transfer to the new kitchen. The stainless steel tables will be adequate. Also, the two-basin sink has rounded edges and would meet code, but does not have the necessary third basin. In addition, if you propose to use the existing pre-wash hose it must be mounted on a spring-loaded support, or equipped with an atmospheric pressure back-siphonage device. O4 Merrie Meadows Page 2 4. Self-service lines will be adequately shielded, or the foods otherwise protected. 5. Additional information (specification sheets) shall be submitted pertaining to proposed new equipment'prior to purchase. Additional information will also be necessary regarding the proposed ventilation hood system design, _and the hot water heater (capacity). 6. You have indicated that a pad will be poured for the trash container(s). 7. All indirect wastewater will be plumbed to an approved drain connection. All plumbing lines, conduit/pipes, etc. are to be installed in a way that facilitates easy cleaning. 8. Exterior doors are to be self-closing and open outward: Restroom doors will be self-closing. B. Campground o The current plan is to use the existing bathhouse/service building for the campground piece of the plan. These spaces must be in good repair and the block walls are to be free of holes and similar imperfections. A second coat of washable paint should be adequate to accomplish the goal of sealing the walls. The ceiling areas in each space require some maintenance. The existing toilet room areas are constructed of floor to ceiling block walls on three sides. There are some partitions that have approximately 4 inches of floor clearance; the Regulations require a minimum 8-inch floor clearance. Due to the fact that this is an existing facility, and the fact that these spaces appear to have been maintained in good sanitary condition, our department will accept the existing configuration.. In the event that renovations are done to this building our department will require the requisite partitions to be installed, and that the new construction meet the existing Regulations. There are four small cabins on the property that may later be restored as primitive camping cabins. Each Would be equipped with beds only, and none of them would have plumbing. It will be necessary to inspect them to verify that they are in good repair and clean, and to verify that additional drainfield capacity haS been created in order for them to be used as primitive, camping lodging units. In addition, the outer openings must be protected with 16-mesh/square inch screening, and cot mattresses must be clean and in good repair and (as a minimum) have mattress covers or pads for protection. 5 Merrie Meadows Page 3 Water connections shall be available to the camping spaces. At the present time there is one water riser that is mounted to the back wall. of-the service building. Any additional risers should be installed to terminate at least 4 inches above the ground surface, and be installed so that cars, etc.can not damage the riser. The surrounding area is to be maintained so that it is properly drained and standing water is not able to accumulate. Special consideration would be necessary in order to approve the use of frost-free risers. 5. A number or some type of marker will designate each campsite. C. Water Supply Your proposal has been reviewed with our Office of Water Programs and we have determined that, at the present time, your facility does not appear to qualify as a regulated waterworks. This decision was based upon review of activities, estimated time of use, and population served. You will be required to sul:Jmit a satisfactory pre-opening bacteriological and nitrate result to our office. This will provide a baseline for future reference in the event that the status of the operation should change, or water issues should occur. Both tests must be performed by a state certified laboratory; our office can provide a lisa'of the local state certified labs. In addition, we will require an annual bacteriological sample but we recommend that a quarterly sample be submitted. The existing pad that surrounds your well casing is in poor condition. The remnants of this old pad should be removed and a new concrete pad poured to surround the entire well head area. We recommend a 6' by 6' pad. In addition, when landscaping for your new building and parking areas be sure to "sculpt" the surrounding area in a way that minimizes surface water runoff near the well. D. Application The application that you submitted for the foodservice operation showed a total of 500 seats in the meeting room/dining room. Even though the square footage of this space would accommodate as many as 500 people, the water use figures used to calculate for the sewage disposal system were based upon a capacity of 350 people. Until such time as the sewage disposal system has been expanded to allow for this additional estimated water usage we must consider your maximum seating capacity to be 350 people. 2. The letter from Michael Smythers contains additional information regarding the use figures used in assessing the sewage disposal system. Additional equipment specification sheets can be mailed to our Rose Hill Drive office or faxed to 972-6221. As discussed, preliminary site visits need to be scheduled in advance. 6 Merrie Meadows Page 4 Please contact me at 972-6259 if you have questions about the contents of this letter, or if you require additional information. Good luck with your project. Since_rely, , ..¢ .,.-"'~. catherine Cummins, R. EH.S.-'~'-~-''- District Technical Consultant Donald Hackler, R.E.H.S., Environmental Health Manager Michael R. Smythers, Environmental Health Specialist Senior Joan D. McDowell, Principal Planner, Albemarle County Planning Dept. Albemarle County Building Department 02/20/2002 15:00 FAX 434 972 6221 Envlronalental Health ~ 001 ATTACHMENT B COMMONWEALTH o[ VIRt INIA In.Cooperation with the State Department of Health Office of Environmental Health Phone (8G4) 972-6259 FAX (804) 972-.4310 Thomas Jefferson Health District 1138 Rose Hill Drive P, O, Box 7546 Charlottesville, Virginia 22906 AI..B~MARLE -- CHARLO'I'I'eE, VILLE FLUVANNA COUNTY {PALMYRA) GREENE COUNTY (STANARDeJVILI~} LOuiSA COON'I-Y (LOUISA) NEt.SON COUNTY (LOViNGSTCrN) TO: Mr. Howell Z Cotton, Joan McDow¢lt (Albemarle County Plam~.g Department) & Thc File Mr, Howell $, Cotten - Metric Meadows Rt. 20 NolO.at Stony Point Albemarle County, Va. On December 21, 2001, I visited the above referenced site for the purpose of reviewing the existing sewage disposal system. Mr, Cotten was present and provided the following fiaformation during this site visit and in subsequant conversations with Health Department personnel (see attached statement from Mr. Cotton ) concerning the use of the e~isting facility: 8 Suodays per year : 350 people in attendance 4 times per year this Sunday aotivity is exapnd~d to include 2 additional days. (Fri & Sat.) 4 times per year (Pti, Sat. & Sun) 10 primitive camp sites mad 4 Recreational Vehicle campsites. Every Wednesday & Sunday = 100 people Low flush toilets ,~re used (1.6 gallons) Urinals provided in men's room. Paper, single service items, used in food service. The existing sewage disposaI system is currently serving these numbers and appears to be operating properly, No signs of failare or past failures of the sewage system were observed, The existing system currently consists of a single septic tank ( 1000 - 1200 gallons) and 2,900 square feet of drainfield (copy of drainfield lay-out attached) RV campsites/dump station will be served by a separate sewage disposal system. WATER USAGE C~LCULATION' 4 RV sites at 50 gpd = 200 gpd- 50% (the other 50% to be assigned to the proposed dump statio~ usage) = 100 gpd. 6 primitive camp sites & 4 primitive cabins at 50 gpd = 500 gpd. 350 people at 1.6 gpd = 560 gpd ( for the Friday, Saturday & Sunday activities) 100 people at 1,6 gpd = 160 gpd for the Wednesday & Sunday activites. 300 gpd ~ food preparation ( cleanup, handwashing, food prep, etc) F.ax Note 7671 Date 02/20/2002 15:00 FAX 434 972 6221 002 PEAK LOADING: Monday Toilets & Bathhouse Tuesday Wednesday Thursday 160 Friday Saturday Sunday 560 560 560 Foodprcp Ct~anup, Handwash~ Etc. 300 300 300 KV Campers 100 1 O0 1 O0 Primitive Campers 500 500 500 & Cabins Total,~ ] 60 1460 1460 t460 A soil boring was made in the approximate middle of the drainfields area of the property and the following is a description of the soil conditions: Horizon Depth Description Texture Group A 0'-6" 7.5yr5,4 Brown Loam H B 6"-24" 5yr 4-6 Yellowish Red Light Clay Loam III C1 24'- 36" C2 36"-45" 7.5yr 6-8 Reddish Yellow Sandy Loam (soft saprolyte) 7.5 yr 5-4 Br°wn fmc sany loam (soft saprolyte) II II C3 48"60" 7.5 yr 5-2 Brown fmc sandy loam H (dcnsc with depth) Note: C1 & C2 estimated percolation rate = 35 -40 minutes per inch -- 200 sq, ft,/100 gals. (actual rate may be faster) CONCLUSIONS: 1,) Existing sewage system drainfield of 2900 sq. ft. would accommodate water usage (peak) of up to 1450 gallons per day at the rate of 35 -40. 2.) Additional septic tm~k capacity is indicated, 3.) Grease trap/food paticle interceptor should be installed in the kitchen as a protection for the drainfield. Michael K. Smyt. hers v Environmental Health Specialist J~uary 29, 2002 02/20/2002 15:01 FA~ 434 972 6221 EnvironmenTal Health ~oo~ / 4 Th~ Foot Li ~00 Feet Lo~g' Bathroonm / Two Foo{ IOO Feet Long ~ L~Ob 4 Two' Foot Lines 100 Fee~ Lqn£_ i00 Feet Long J[e i e 02/20/2002 15:01 FAX 434 972 6221 EnviPO~mental Health ~004 To: Albemarle County Health Department Subject: Metric Meadows - Rt. 20 North at Stony Point This is to confirm the following information cone~ming the use of the MotrieMeadows facility. This information was provided to the Health Department representative during the site visit of December 21, 2001 and in subsequent conversations with Health Department permnneE I understand that this information is the basis on which thc Health Department will be reviewing the suitability of the existing sewage disposal Et~trxn to serw tho futility in ,ho future. · Eight (8) Sundays p,r year: 350 people in altenChnco for day Four (4) ~dmes per year this is expanded to include two (2) additional days for a 3 day weekend. During these four ,thre~ (3) day events there will bo six (6) primitive camp sites, four (4) primitive cabins and four (4) recreational vehiol¢ (RV) sites. Every Wedn~day and Sunday them are 100 people in attendance for services of a short duration. Low flush toilets (1.6 gallom) are and will be used throughout the futilities. Urinals are provided in tahe men's restrooms. Paper, single service items will be used in the food service. The existing sewage disposal system is currently serving these numbers and uses. The existing septic tank is a 1000 or I200 gal. septic tank and a copy of the drainfiold layout was provided to the Health Department. P..V campsites/dump station usage will be served by a separate sewag¢ disposal system. By signing below, I, as trustee for this property, believ~ the above information to be tree and factual and understand the limitations of use that exist. Il Howell J. C~ffon Date State of Virginia, County of Albemarle, m-wit: ,nd swo, to day of..~r/~dj' q ,2002 by ["[0(0~.{[ ]-. ~ Notary Public My commiss½on expires 11 ATTACHMENT C COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 01-17 Merrie Meadows SUBJECT/PROPOSAL/REQUEST: Board of Supervisors deferred consideration of a special use permit for a church until October 10, 2001, in order to review information provided by the applicant. STAFF CONTACT(S): Tucker, Foley, Cilimberg, McDowell AGENDA DATE: October 10, 2001 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: On September 19, 2001 the Board deferred SP 01-17 until October 10, 2001, in order for staff to review additional informatio,__ provided by the applicant regarding the church relationship with the camp and its meetings. As previously discussed, SP 1985-035, a special use permit allowing four cabins for weekend lodging/camping two times a year was approved with a condition that restricted the camp use to the owner rather than the property. When the owner transferred the property into a family trust, the special use permit became invalid. DISCUSSION: The Reliqious Land Use and Institutionalized Persons Act of 2000 restricts governments from imposing or implementing land use regulations "..in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution.." unless there ~s a compelling governmental interest and the regulation is the least restrictive means for furthering that interest. Based upon the applicant's statements at the Board's September 9, 2001, public headng and written materials thereafter submitted, staff has determined that the camping events associated with the congregation are accessory to the primary church use. Cumulative impacts resulting from both the church and potential accessory uses require further review by zoning, engineering, and the Health Department. Th ese ~mpacts include noise, lights, traffic, and water, septic and waste management issues. It should be noted that the new information regarding the camp events as accessory to the church was not available at the time Of the Planning Commission hearing. In addition, any new conditions of approval resulting from this information will not have been reviewed by the Commission. The Commission believed that the camping events would require a separate special use permit; therefore, the Commission's recommendation for approval did not consider cam ping events as an accessory use. Therefore, the Board of Supervisors may choose to refer this application back to the Planning Commission for reconsideration. COUNTY OF BEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 01-17 Merrie Meadows SUBJECT/PROPOSAL/REQUEST: Request that SP 01-17 Merrie Meadows be deferred to October 10, 2001. STAFF CONTACT(S): Tucker, Foley, Cilimberg, McDowell AGENDA DATE: September 19, 2001 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: No REVIEWED BY: ITEM ~ER: INFORMATION: INFORMATION: UPDATE: On August 15, 2001, the Board of Supervisors deferred SP 01-17 Merrie Meadows, until September 5, 2001. The Board /,-,directed staff to provide additional information regarding issues discussed at the meeting concerning driveway visibility, 3re, noise, the camp (SP 85-35) status, and the septic system. Subsequently, the Board again deferred this matter until September 19, 2001. In order for staffto understand the camp and its relationship to the church, the applicant was requested to provide additional information by September 4, 200 I. On September 12,' 2001, the applicant responded to a second request to provide the information by submitting several informational brochures and a statement regarding the church beliefs and meetings. The review of this information could not be completed for presentation to the Board on September 19. Therefore, staff is requesting that SP01-17 be deferred until October 10, 2001. SP 01-17 MM upeate.doc 1 09/14/01 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY ~ AGENDA TITLE: SP 01-17 Merrie Meadows SUBJECT/PROPOSAL/REQUEST: Board of Supervisors deferred consideration of a special use permit for a church until September 5,2001, in order to obtain additional information. STAFF CONTACT(S): Wayne Cilimberg; Joan McDowell IAGENDA DATE: September 5, 2001 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: ,INFORMATION: INFORMATION: BACKGROUND: On August 15, 2001, the Board of Supervisors deferred SP 0 I-17 Merrie Meadows, until September 5,2001. The Board directed staff to provide additional information regarding issues discussed at the meeting concerning driveway visibility, fire, noise, the camp (SP 85-35) status, and the septic system. DISCUSSION: In response to the Board direction to provide additional information and recommendations pertaining to the Merrie Meadows application, the following information is PrOvided: o Driveway Visibility. Condition number eight states that "..evergreen trees, such as 'white pine, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials and location of installation shall be subject to approval of the Planning Director or designee, prior to issuance of a building permit." Staff has been advised that the neighbors prefer to have Virginia Cedars between the driveway and their property, as the Cedars would better accommodate the narrow space between the driveway and their property. Recommendation: Virginia Cedar has been substituted for white pine in the condition, for clarification purposes. Fire. A concern was expressed regarding appropriate control of outdoor fires. Staff has advised the Fire Department that outdoor fires may occur within this property on occasion. Noise. Some neighbors have expressed concerns regarding noise late into the night from children and loud music coming from both inside and outside the barn. Condition number six states, "All outdoor activities shall cease after 10 P.M." At the time this condition was written, it was not known that some of the negative impacts from noise were coming from inside the barn. Recommendation: Condition number six is consistent with other conditions of approval for other churches having outside activities at night. However, in order to mitigate negative impacts from this use onto adjacent properties, the condition has been revised to address noise coming from inside the buildings loud enough to disturb the adjacent neighbors late at night. The revised conditions states, "All outdoor activities and activities within any buildings ~n the subject site that produce noise that can be heard from adjoining properties shall cease after 10 P.M.". SP 01-I 7 Merrie Meadows exsum.doc i 4 August 29, 2001 1 4. Camp (SP 85-35)¢. SP 85-35 is no longer valid and will require a special use permit to continue the camping activity. Please see the attached memorandum from Jan Sprinkle, Chief ~fZoning Administration. Mrs. Sprinkle has notified the applicant that they must discontinue the camp activities. The CamPing as it has existed cannot be considered part of this church's accessory uses. _~ Health Department Issues. Septic System and Water. Concerns that there may be inadequate water availability and the septic system operation have been raised. The Health Deparunent does not have any record of permits being issued for this the church. However, the records may have been destroyed, as the system would have been installed in the 1960's. The Health Department will conduct a field inspection to determine the adequacy of the current septic system. If it is determined inadequate, appropriate measures will be required to comply with minimum Health Department standards. Recommendation: Condition number 3 states, "All required Health Department approvals shall be obtained prior to the issuance of a building pemfit." This condition, combined with the Health Department review of the existing system, wilt ensure adequacy of the septic system. A test of.the adequacy of the water system may be consideration with the future submittal of a special use permit for the campground, as the campground'generates the greatest number of people using the site. ATTACHMENTS: A B Revised SP 01-17 Conditions of Approval Memorandum from Jan Sprinkle, Chief of Zoning Administration, dated August 28, 2001 SP 01-17 Merrie Meadows exsum.doc 2 August 29, 2001 RECOMMENDED ACTION: SP 01-17 Merrie Meadows Revised Conditions of Approval Staff recommends APPROVAL of SP 01-17, subject to the following conditions: Attachment A 1. The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment B, titled Merrie Meadows Site Plan and dated 6-13-01 (revised). A commercial entrance, subject to Virginia Department of Transportation standards, shall be required. Adequate sight distance will be required by either a dedication of a 25' right-of-way along the property line abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virginia Department of Transportation. · All .required Health Department approvals shall be obtained prior to the issuance of a building permit. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial Zone setback standards (50 feet for rear and sides), as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance. All outdoor lighting shall be shielded to reflect light away from the adjoining properties and Route 20. All outdoor activities and activities within any buildings on the subject site that produce noise that can be heard from adjoining properties shall cease after 10 P.M. SP 81-18 and all uses authorized thereby are terminated. Prior to issuance of Certificate of Occupancy, evergreen trees, such as Virginia Cedar, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials and location of installation shall be subject to approval of the Planning Director or designee, prior to issuance of a building permit. SP 01-17 Metric Meadows cxsum.doc August 29.2001 3 FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclnfire Road, Room 227 Char[ottesville. Virginia 22902-4596 TELEPHONE (804) 296-5832 ATTACHMENT B TTD (804) 9724012 MEMORANDUM TO: Joan McDowell, Principal Planner FROM: Jan Sprinkle, Chief of Zoning Administration ~_~ DATE: 08/28/01 RE: SP 01-17, Merrie Meadows Church There are several issues that have come to light during the rewew of this church. The first is that the special use permit granted August 7, 1985 (SP 85-35) for a boarding camp is no longer valid. Condition of approval number 5 states, "Approval of SP,85-35 is for the current owner only and is not transferable." Mr. and Mrs. Cotten, who took title to the property by a deed dated April 30, 1963, have recently transferred the property to a trust. By a deed dated October 25, 2000 (recorded in DB 1969, pg 3021 they conveyed title tothe property to Howell Joe Cot'ten, Trustee, or his successors in interest, under the Howell Joe Cotten Revocable Declaration of Trust dated May 3, 2000. This is clearly a transfer of title to the property that nullifies the SP. Therefore, to continue having this camping activity on the property requires a new special use permit approval. It is my understanding that the camping involves not only the congregation of Merrie Meadows, but also other similar church congregations throughout the Commonwealth of Virginia. The camping as it has existed cannot be considered part of this church's accessory uses. It is my opinion that a camp for a regional area is not customarily incidental to a specific church. i7 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 40t2 August 23, 2001 David M. Rutt 2860 Cindy Lane Charlottesville, VA 22911 RE: SP-2001-017 Merrie Meadows; Tax Map 48, Parcel 15A Dear Mr. Rutt: The Albemarle County Board of Supervisors, at its meeting on.August 15, 2001, unanimously deferred the above-noted petition to its September 5, 2001 meeting. This petition was deferred in order to allow staff time to gather additional information on camping activities and provide a recommendation to the Board The meeting will be held in Meeting Room #241, Second Floor, County Office Building. You may call the Clerk to the Board of Supervisors at 296-5841 during the week of the meeting to ask the tentative time the item is scheduled on the agenda. If you should have any questions or comments regarding the above-noted action, please do 'not hesitate to contact me. Sin cerely, V. Way~ Director of Plar[ning & Community Dev~nt / VWC/jcf \, / Cc: Amelia McCulley Tex Weaver Bob Ball, VDOT Jack Kelsey Steve AIIshouse Howell J. Cotten ATTACHMENT D Mr. Finley arrived. Public Hearing Items: SP-2001-017 Merrie Meadows (Sign #69) - Request for special use permit to allow a church in accordance with Section 10.2.2.35 of the Zoning Ordinance, which allows for churches 'in the Rural Areas. The property, described as Tax Map 48 Parcel 15A, contains 37.55 acres and is located in the Rivanna Magisterial District at 2746 Merrie Meadows Lane, on the north sideof Route 20 North, and 300 feet northeast of Stony Point Elementary School. The property is zoned PA, Rural Areas. The Comprehensive Plan designates this property as Rural Area. (Joan McDowell) AND SDP-01-036 Merrie Meadows Site Plan - Waiver Request - Request for a waiver from preliminary site plan approval in conjunction with SP-01-17. (Joan McDowell) Ms. McDoweil presented the staff report. Mr. Rooker opened the public hearing on this item. Mr. Howell Joe Cotton, the owner, of the property, has endeavored to make it compatible with the neighbors. This permit has been requested in order to improve the building. While requesting a building permit, it was determined that we needed to apply for a new special use permit. Mr. Rieley asked about the additional square footage, how much additional vehicular traffic is anticipated. Mr. Cotton stated that they did not anticipate additional traffic, the additional space would include a second assembly area, a kitchen and restroom-facilities. Mr. Rieley verified that.the number of programs and attendance would not be increased. Mr. Cotton replied that is not anticipated. Mr. Rieley asked if they had had any problems with accidents at the intersection. Mr. Cotton replied that they had not. Ms. Vera Runsear, of Fairmont Farm, has owned the property for 25 years. Years ago when the applicant applied for a campground permit, the planning department included our restriction on the permit that Et remains with the current owner and not passes on with the property. For the past 15 years we have endured noise from cars and recreational activities that have occurred at unorthodox times. Our farm manager talked of the noise of cars coming and going after midnight. Our tenant for 11 years complained of the noise of the cars and the recreational activities. She had to close the windows to minimize the noise. Our current tenant says the same level of noise and activity still occurs. The applicant did not adhere to the restrictions on the previous permit regarding the number of campouts. She requested the commission has some consideration for the surrounding property owners and not grant the request. Mr. Rooker asked how close their house was to the property. Ms. Runsear replied that they are on a hiil and look down over the property. The road is 15 paces from our property. There are white pines along the road on the side of their residence, but not on our side. The unorthodox .hours of the car traffic are unbelievable. Mr. Finley asked what constituted unorthodox hours. Albemarle County Planning Commission - July 17, 2001 REVISED MINUTES SLrBMITTED - AUGUST 14, 2001 19 Ms. Runsear said after 10:00 p.m. and often after midnight. Mr. Robert Runsear, the owner of Fairmont Farm, expressed his concerns. He could not identify the applicants; they have not in fact been neighborly. They are not responsible, they have in the past built a large bonfire whose flames reached up into the trees, they,have given rifle instruction to 8 and 10 year old boys shooting in the direction of the neighboring property, they had to call the sheriff for them to stop. The trees do not buffer noise, for 6 months of the year you can see everything. The gatherings are about 300 persons 7 times per year. These are huge numbers and he is concerned about requirements for water and sanitation facilities. Ms. Geraldine Sayree lives next door to the Runsears. She is concerned about the water usage, additional traffic, and possible sewage problems and fire hazards. In regards to water usage, we already have Stony Point school, and the fire department. There are a numDer of households nearby that consist of two people, but this is a large gathering. She asked why the church is being built on the interior of the property. She does not know how the fire department would handle a fire on the property. The increased traffic is also a concern. There have been accidents at that intersection: When something is buried deep into the woods, perhaps it should be examined. Ms. Valerie Long was asked to speak by the Runsears. They are concerned about the noise and the level of traffic. She suggested a limitation on the number of users on the property at any one time. She suggested that the permit not be transferable. She stated that until just a few months ago, the property was for sale and marketed as a church/camping facility. The representative has indicated that there is not a contract on the property. They also request that some landscaping be planted along the driveway to shield the neighbors from noise and screen. She pointed out that the camping permit approved in 1985 is no longer valid. She also submitted a written statement from their neighbor Sheila Gardner who could not attend. Additionally, the Runsear's home is an historic property. Mr. Dave Rut, is Mr~ Cotton's son-in-law. It is not a problem to add the pines along the driveway. There is a resident on the property so some of the road noise could be a result of his coming and going. This first time he heard about the noise complaint was last week when noise from the basketball court was mentioned. We are willing to stop those activities at 10:00 p.m. We are willing to work with the neighbors. Mr. Finley asked if it was correct that all activity would be on the interior of the property and not visible from the adjacent residences or Route 20. Mr. Rut replied that is correct except for the one barn area which is visible to the neighbors. Mr. Rooker pointed out that the new building was what was on the table ton!ght. Mr. Rut replied that was definitely not visible. Ms. Hopper asked Ms. McDowell to verify that the campground use has expired. Ms. McDowell replied that it had, the applicant would have to reapply for another special use permit. Ms. Hopper asked what the process would be, would it be a special use permit. Ms. McDowell replied that it would be. Another public hearing would be required to establish that use. Mr. Rooker stated that he thinks it is important that tonight we have the expanded church facility before us, rather than the camping facilities. Ms. Hopper said that if those two issues are connected to the church, then it should be considered as one package. Mr. Rooker said that they don't have to make the connection. The first special use permit has expired, Albemarle County Planning Commission - July 17, 2001 REVISED MINUTES SUBMITTED - AUGUST 14, 2001 they do not have the right to use the property asa camping facility. The permit allowing a private school is still in effect. From the neighbor's stancl point there will be a lot less noise and activity with the church use. Ms. Hopper asked if a private school would generate less traffic than the church. Mr. Rooker replied that it would generate more continuous traffic and noise than a church. Ms. Hopper pointed out that the .water and the health department would review sewage issues. If there are violations of the zoning ordinances, citizens can complain to the County. Mr. Rooker stated that if there is a continuous violation, you can lose the special use permit. Ms. Hopper said she thought the screen was a reasonable condition to add. Mr. Rooker asked about a condition that limits the size of the congregation. Mr. Kamptner replied that we usually accomplish that by limiting the seating area. Mr. Cotton said attendance is 150 or so regularly on Wednesdays and Sundays. Mr. Kamptner asked what the seating of the building would be. Mr. Cotton replied that there would be no fixed seating, but it can hold 500-600 people. Mr. Kamptner said perhaps we can determine a cap between now and the Board of Supervisor's meeting. Mr. Finley asked what was the goal of limiting the size. Mr. Rooker replied that it was to lessen the burden of the facility on the surrounding property. Any significant increase in attendance and resulting impact would need to be reviewed. Mr. Finley pointed out that the size of the building would limit the ultimate capacity. Mr. Rooker said that was what Mr. Karo ptner was Saying. Mr. Finley verified that they would have to come back for another special use permit to increase the building size. Ms. Hopper pointed out that the commission could put a limit on events that could occur on a biking trail complex based on capacity. There are seating limits at other churches. Mr. Finley said the seating limit is based on the design and size of the church and the building. Mr. Rooker stated the expansion is 4,000 feet. Mr. Kamptner estimates that the new building's occupancy will be 650 persons. Ms. Hopper stated.that is a more than 400% increase. Mr. Rieley said the staff report has a statement that this use is not out of scale with similar uses in the rural area. Ms. McDowell replied that staff has looked at a number of churches in the rural area, There have been both expansions and new construction. If the expansion was consistent with the church and the lot size, that was what we were concerned with. This is internal and replacing an existing building, we approached Albemarle County Planning Commission- July 17, 2001 REVISED MINUTES SUBMITTED- AUGUST 14, 2001 4 it a little differently because they could continue use of the facility indefinitely. The building itself is isolated. There does not seem to be corn munication between the applicant and their neighbors. She has talked about their concerns with Mr. Cotton. Mr. Rooker pointed out that the condition was that all outdoor activities would cease after 10:00 p.m. Mr. Rooker proposed landscaping along the driveway, and suggested it as an additional condition. Mr. Rieley suggested the following language: a plan for planting along the drive as determined by the staff will be established before the board meeting. Ms. McDowell evergreen trees of a size and type to screen the entrance road from adjacent properties and approved by the planning director shall be installed prior to certificate of occupancy. Mr. Rooker asked for the total size of the facility with the expansion. Ms. McDowell replied that she was looking at the footprint. Mr. Rooker verified the size and location of the building. He said it seems to him that it is not out of scale in terms of what one would expect in the rural area. The plan seems reasonable. The tradeoff to eliminate the potential private school is a good one for the neighbors. Mr. Rieley agreed, we also have to roll into the fact that the camping was a good portion of the neighbor's complaints. Mr. Rieley said he thought it would be useful if before this comes to the board that the recommendation for the planting is specific so that the neighbors have an opportunity to react to a specific plan. Ms. Hopper said she would be happy to work with the applicant. Ms. Hopper pointed out that Ms. Long brought up having the special use permit not be transferable. She asked what the standard practice was. Mr. Kamptner replied that the SP for the campground, it may have been a standard at the time that special use permits were not transferable. We have taken the position that although the SP runs with the land, the conditions still apply. Mr. Rooker said this is not a condition we are attaching. Mr. Kamptner said that our office sees that the use is independent of the ownership. Mr. Rooker stated that one of the conditions is an increase in the. setback requirements, he asked Ms. McDowell to explain. Ms. McDowell replied that we are retaining the front setback, but increasing the sides and rear to 50 feet. Mr. Rieley said isn't that covered in the first condition. Ms. McDowell replied that in case there is some question, this provides that kind of assurance. Mr. Craddock asked with the camping removed now, will they still be able to hold those large camping meetings. Ms. McDowell said they would have to come back for a special use permit. Mr. Craddock said that those 4 or 5 events sound like revivals or a retreats. Albemarle County Planning Commission - July 17, 2001 REVISED MINUTES SUBMITTED- AUGUST 14, 2001 Ms. McDowell replied that is no longer valid. Ms. Hopper said we have talked about a capacity. We have talked about having a limit on the number of evening meetings. She is concerned about not having a limit here. She would like to know how you make a parking calculation in this instance. Ms. McDowell had zoning look at the parking, and there is no problem with zoning. She will have to come in with a final plan showing the details. Mr. Finley asked how much control we wanted to put on the church. Ms. Hopper said she would like to hear other discussion on this topic. Mr. Rooker stated that we are limiting the size of the facility that's approved, and that is typically the way we limit the activities. We need to ask if this is a reasonable size facility given all the facts and circumstances. Ms. Hopper said the other use has already lapsed, which were the larger get-togethers. Mr. Rooker stated that one good thing about this is that it is set back from the road. Most of the remarks that had to do with problems in the past, dealt with the lapsed use. Mr. Rieley moved for approval with the addition of conditions 7 and 8. 1. The imp rovements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment B, titled Merrie Meadows Site Plan and dated 6-13-01 (revised). A commercial entrance, subject to Virginia Department of Transportation standards, shall be required. Adequate sight distance will be required by either a dedication of a 25' right-of-way along the property line abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virginia Department of Transportation. 3. 'All required Health Department approvals shall be obtained prior to the issuance of a building permit. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial setback standards (50 feet for rear and sides), as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance. 5. All outdoor lighting shall be shielded to reflect light away from the adjoining properties and Route 20. 6. All outdoor activities shall cease after 10 P.M. 7. SP 81-18 and all uses authorized thereby are terminated. 8. A plan for landscape planting along the drive will be established prior to the Board of Supervisors meeting. Mr. Finley seconded the motion, which passed unanimously. Mr. Finley moved for approval of the site plan waiver. 1. Prior to the issuance of a building permit, the applicant shall provide adequate sight distance at the entrance along Route 20, subject to approval by the Virginia Department of Transportation. 2. The entrance to the site shall be depicted on a plan prior to ~ssuance of a building permit. Albemarle County Planning Commission- July 17, 2001 REVISED. MINUTES SUBMITTED - AUGUST 14, 2001 6 3. The application number and conditions of approval for SP 01-17 shall be noted on the plan, prior to issuance of a building permit. All required setbacks shall be noted on the plan, prior to issuance of a building permit. The'following notes on the plan shall be required prior to issuance of a building permit: "Each outdoor luminaries equipped with a lamp which emits 3,000 or more initial lumens shall be a full cutoff luminaries or a decorative luminaries with full cutoff optics." and "The spiltover of lighting from ;~arking area luminaries onto public roads and property in residential or rural areas zoning districts shall not exceed one-half (½) foot candle." Mr. Craddock seconded the motion, which passed unanimously. ATTACHMENT E STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan D. McDowell July 17, 2001 August 15, 2001 (Revised) SP 01-17 Merrie Meadows SlDP 01-36 Merrie Meadows Site Plan Waiver Applicant's Proposal: The applicant has requested a special use permit for a church within the Rural Area. The apphcant would construct the Church on the site of an existing building that is scheduled for demolition. The new building would have an assembly area of 4,418 square feet and a footprint approximately 695 square feet larger than the existing structure. A po~on of the proposed building would be two-story. The existing church is a non- conforming use, as church services have been conducted on the property prior to the adoption of the Zoning Ordinance. The proposed expansion requires a special use permit to bring the church into compliance with the Zoning Ordinance: Although a private school was approved in 1981 (SP-81-18), it has not been in operation:for approximately 15 years. The applicant has requested that the Board of Supervisors vacate SP 81-18. Petitions: The apphcant has requested approval of the following: Request for special use permit to allow a church in accordance with Section 10.2.2.35 of the Zoning Ordinance which allows for churches in the Rural Areas. The existing church is non-conforming and the expansion of the building requires approval of a special use permit to bring the church into conformance with the current Zoning Ordinance. · SDP 01-036, a request for a preliminary site plan waiver, has also been submitted. · Request that SP 81-18, a special use permit for a private school, be vacated by the Board of Supervisors. The property, described as Tax Map 48 Parcel 15A contains 37.55 acres, and is located in the Rivanna Magisterial District at 2746 Merrie Meadows Lane, on the west side of Route 20 North, south of Route 640 in the Stony Point SP 01- 17 Merrie Meadows 07/31/01 community. The property is zoned Rural Areas District. The Comprehensive Plan designates this property as RA Rural Area, and it is within the Southwest Mountains Historic District. Ch aracter of the Area: The church would be located within the interior property that has had several compatible uses in operation since the 1964, according to the applicant. Maintaining its rural character, the Stony Point neighborhood contains a mixture of residential, farms, and forested parcels. The former village also has an elementary school, fire station, a service club and church within close vicinity of the proposed church. Planning and Zoning History: SP-1981,18: approved special use permit for a small private school limited to 25 students. The school was in operation for 3-4 years. Although not in use for the past I0-15 years, this SP runs with the land and could be re- instated by any owner at any time, according to the current ordinance. The applicant has requested that this special use permit be vacated. SP- 1985-035: approved special use permit for four cabins for weekend outing lOdging/camping two times a year; this SP is non-transferable and the applicant plans to continue the use. SP-1997-004: request for an amendment to SP-85-35 for expanded camp facilities; the applicant requested that the application be put on hold until additional information could be submitted. After fin'ther consideration, the application was withdrawn. HO - 1984-139: home occupation for a mechanical contractor HO -1992-382: home occupation for a plumbing contractor Comprehensive Plan: Located within the small community of Stony Point off Route 20, the property is within the Rural Area designation of the Comprehensive Plan. Stony Point was previously designated a Village in the Comprehensive Plan. It is also within the Southwest Mountains Historic District. This facility would be consistent with other churches in size and scale in the Rural Area. SP 01- 17 Metric Meadows 07/31/01 As this facility and. use would be on the interior of the parcel and not visible from Route 20 or from adjacent residences, minimal visual impact of this use on the area can be anticipated. The building to be demolished has no historic significance and its removal would not compromise the Historic District standing on the National Register. RECOMMENDATION: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of the special use permit, based on the consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The 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_. The property has been used for private recreational and religious purposes · rs s~nce the 1960 , including having church services on the property. As the church uses are of greater intensity than residential or agricultural uses within a rural area-zoning district, the Zoning Department has recommended that greater setbacks be required. As the Zoning Ordinance provides for additional buffers for commercial uses adjacent to rural areas, a comparison of commercial and rural side, front and rear setbacks is as follows: Rural I Commercial ' Front 75 feet 30 feet Side 25 feet 50 feet Rear 35 feet 50 feet SP 01- 17 Merrie Meadows O7/31/01 The.Commercial District side and rear setback standards adjacent to rural areas are the larger- of the two and would further the protection of the rural area. A condition of approval has been offered to require compliance with Section 21.7.2 standards for side and rear commercial setbacks adjacent to rural area districts. As the rural area front yard setbacks are larger, the RA front setback would remain. No nighttime outdoor play activities have been proposed. However, the applicant has advised that children are playing outside after the church service ends at 9:30 P.M. Neighbors have advised staffthat nighttime noise has often been disturbing. Therefore, the applicant has voluntarily offered to prevent noise generating activities, such as bouncing a ball against a wall, fi.om occurring at night. In addition, a condition of approval has been offered to require that all outdoor activities cease after 10:00 P.M. This condition would be consistent with a condition approved recently for a church in the Rural Area, Northside Community Church. that the character of the district will not be changed thereby, Open space, agricultural uses and very low-density residential uses, mixed with an existing church and an industrial/office building to the south characterize this portion of the rural area district. The church is not expected to change the character of the district. As the church would be on the interior of this 37.55-acre property, the greatest impact would be at the entrance road, Merde Meadows Lane, onto Route 20. The County Engineering Department, in concert with the Virginia Department of Transportation comments, would require adequate commercial sight distance and commercial entrance improvement. that the character of the district will not be changed thereby, Churches are consistent with the character of the Rural Area district. The size and location of this church would not mitigate potential negative impact on the character of the area. SP 0t- 17 Merrie Meadows 07/31/01 and that such use will be in harmony with the purpose and intent of this ordinance, The Rural Area.zoning district was created to establish a zone that provides for the preservation and protection of agricultural and forestal resources; provide for water supply protection; be an area of limited service delivery; and to conserve natural, scenic, and historic resources. The church is viewed as a use supportive of rural Albemarle County residents. with the uses permitted by right in the district, The proposed church would not restrict the current uses or other by right uses available on this site or by right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the Zoning Ordinance does not contain provisions governing churches. and with the public health, safety_ and general welfare. The Engineering Department, in conjunction with VDOT, has recommended that a condition of the approval be offered to require that the entrance to be improved to a VDOT commercial entrance standard. Adequate sight distance will be required. VDOT has recommended that_the applicant either dedicates 25? right~of-way fi.om the centerline along Route 20 orprovides a sight easement for the entrance. In addition, a condition of approval is recommended to require that all Health:Department regulations must be met priOr to the issuance of a building permit. The Health Department does not have any record on file for this property. Their septic system installations may predate modem record keeping at the Health Department. SUMMARY: Staff'has identified the following factors, which are favorable to this request: gP 01- 17 Merrie Meadows 07/31/01 29 The Land Use Plan suggests that churches are supportive to the rural areas in the County. No detrimental impact on the adjacent properties is anticipated as a result of the church use. The church has been in existence since the 1960's. The special use permit is a result of the applicant proposing a building expansion. RECOMMENDED ACTION: Staffrecommends APPROVAL of SP 01-17, subject to the following conditions: The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment B, titled Merrie Meadows Site Plan and dated 6-13-01 (revised). A commercial entrance, subject to Virginia Department of Transportation standards, shall be required. Adequate sight distance will be required by either a dedication of a 25' right-of-way along the property line abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virginia Department of Transportation. 3. All required. Health Department approvals shall be obtained prior to the issuance of a building permit. All structures and parldng areas not in existence as of the date of the approval of this special use permit- shall maintain Commercial. setback standards (50 feet for rear and sides), as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance. 5. All outdoor lighting shall be shielded to reflect light away from the adjoining properties and Route 20. 6. All outdoor activities shall cease after 10 P.M. 7. SP 81-18 and all uses authorized thereby are terminated. SP 01- 17 Merrie Meadows 07/31/01 Prior to issuance of Certificate of Occupancy, Evergreen trees, such as white pine, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials and location of installation shall be subject to approval of the Planning Director or designee, prior to issuance of a building permit. SITE PLAN WAIVER SDP-01-36 The applicant has also requested that a waiver of Ordinance Section Number 18.32.3.10 requirements for a preliminary site plan, as this represents the continuation of an existing use on this site. The Commission may waive the drawing of a site pl .an, if requiring a site plan would not forward the purpose of the Ordinance or otherwise serve the public interest. The Engineering Department has requested that a condition regarding entrance improvement requirements be approved with such a waiver request. The Zoning Department has requested that the applicant provide information on a plan prior to the issuance of building permits. With approval of this waiver, the plan would not be required to meet all the requirements of a preliminary plan (Section 18.32.3.10). 'Staffis able to support the request for a site plan waiver as the information submitted by the applicant generally meets the requirements for a siteplan. Therefore, staff recommends approval of a site plan waiver, subject to the following condition: Prior to the issuance of a building permit, the applicant shall provide adequate sight distance at the entrance along Route 20, subject to approval by the Virginia Department of Transportation. 2. The entrance to the site shall be depicted on a plan prior to issuance of a building permit. 3. The application number and conditions of approval for SP 01-17 shall be noted on the plan, prior to issuance of a building permit. SP 01- 17 Merrie Meadows 07/31/01 All required setbacks shall be noted on the plan, prior to issuance of a building permit. The following notes onthe plan shall be required prior m issuance of a building permit: "Each outdoor luminaries equipped with a lamp which emits 3,000 or more initial lumens shall be a full cutoff luminaries or a decorative luminaries with full cutoff optics." and "The spillover of lighting from parking area luminaries onto public roads and property in residential or rural areas zoning districts shall not exceed one-half (½) foot candle." Attachments A B SP 01-17 Application SP 01-17 Plan Titled Merde Meadows Site Plar~., and dated 6/13/01 SP 01- 17 Merrie Meadows 07/31/01 County of Albemarle OFFICE USE ONLY-^ ' Applic ' ation for eclal Use Permit Department of BUilding Co~^~^cu~s~ ^ ices- Of *Zoning District /~ ftc *Zoning Ordinance Section number requested (*staff will assist you with these items) Number of acres to be covered by Special Use rerm, t (ira poraoait mu be ~i.=u~ o~ pat~ 37. a~_~ Is this an amendment to an existing special Use Permit? [21 Yes'/No lAre you submitting a site development plan with this application? ~esO Contact Person (Whom should we call/write eonceming this project?): D~u,?d /1~. /~"~tt Address ~.~/~0 ~t'n~/~ /.~ne City~.,~r~I~¢~vf//e State ~/A~ _Zip ~2qll DaytimePhone(~0q ) ~75- Oqq6 Fax# E-mail Owner of land (~ listed in the County's records):/'/Oi~g[[ ~5~. 6~[eO ~t~,rPe ~, ~d/~ &/~ ~*~]e ~/~; Address ~F~ ~,'n~ ~n~ City~r/o t tate p . Daytimeehone(~ ) q7s-7~o Faxg ~l~3zZ-Xt~7 E-mail~J~?~~"~r~ Tax map and parcel gt~. /J~ra~./ /,f'A Physical Address (if assigned) ~,.7 ¥{- plSe./'r,'e.. /~et~/~da i Location of property 0andmarks. intersections, or other) Does the owner of this property own (or havre any ownership interest in) any abutting property? If yes, pleaSe list those tax map and parcel numbers ~¢x - '/"ag )~ar~ /4-_~ /.)8.r~.c,,[ Al" - Check# q t Receipt# / qO0~9 Byl 5 ZMAs and Proffers:. CI Letter of Authorization UI Yes Ul No Charlottesville, VA 22902 o:' Voice: 296-5832 ':' Fax: 972-41. 9 401 Mclntire Road Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the fight 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 ~ will not he_c_hanged thereby and that sUCh use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by fight 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 which 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 your request. If you need assistance filling out these items, staff is available. WhatistheComprehensivePlandesignationforthisproperty? ]~llr*/ Ar~&f ~IS t~t'e~p How will the proposed special use affect adjacent property? How will the. proposed special use affect, the character of the district surrounding the property? How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmony with the uses permitted by right in the district? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? How will this use promote the public health, safety, and general welfare of the community? Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: ATTACHMENTS REQUIRED - provide two(2) copies of each: 'Recorded plat-or boundary survey of the property requested for the rezoning. 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. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type df 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. OPTIONAL ATTACHMENTS: Drawings or condeptual plans, if any. Additional Information, if any. 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 pro~'ided is true and accurate to the best of my ~ign~ure Date Prin. ted Name Daytim. e phone number of Signatory 35 Original document held by Richmond and Fishbume, L.LP. Queen Charlotte Square 214 East High Street Charlottesville, VA 22902 The Howell Joe Cotten Revocable Declaration of Trust I~owell Joe Cotten, of Albemarle County, Virginia make this Declaration of Trust dated f/'~,~,?~ ,2000. I am married to Phyllis Jeannine Cotten ("my wife") and I have seven children, Laura Lynne Hull, Jeffrey Cotten, Gregory Joe Cotten, Phillip Howell Cotten, Timothy Duane Cotten, Marilyn Janelle Rutt, and Amy Denise Dunavant. For reasons satisfactory to me, I have decided to make no provision in this Declaration of Trust for iny son, Jeffrey Cotten. Accordingly, the words "my children," and "children of mine," etc., as used in this Declaration of Trust, shall be deemed to not include Jeffrey Cotten, it being my intention that he not participate in any of the benefits provided in this Declaration of Trust. However, the words "my children," and "children of mine," etc. shall be deemed to include my son Jeffrey Cotten's wife, Angie Diane Cotten to the same extent as if she were my own biological child, it being my intent that she (and her descendants) be treated the same as my own children (and their descendants) throughout this Declaration of Trust. Article I. Creation and.Disposition of Trust. A. Creation of Trust. I declare that I hold as Trustee the sum of $10.00 in cash. I may add other assets to this trust. I or any successor Trustee shall administer all the assets m trust under the terms of this Declaration of Trust. In the event of my resignation as Trustee, death or inability to manage business or financial affairs, my wife shall have the right to become my successor Trustee and be vested with the same authority and duties upon her written acceptance of fiduciary duties. If for any reason my wife fails or ceases to serve as successor Trustee, my daughter Laura Lynne Hull and my son Gregory Joe Cotten shall both have the right to become my successor Co-Trustees and be vested with the same authority and duties upon their written acceptance of fiduciary duties. No successor Trustee shall have any obligation to require into or seek a judicial determination of my ability to manage business or financial affairs and my successor Trustee may assume that I have that ability unless and until written notice to the contrary is received from my physician. As used in this Declaration of Trust, the term "my Trustee" shall be deemed to refer to the one or ones so serving from tmle to time. B. D'ust Dur#,g My Lifetime. During my lifetime my Trustee shall accumulate the income and retain the principal of the trust except as I may otherwise direct. If at any time, in the opinion of my Trustee, I am unable to so direct, my Trustee may pay income or principal as my Trustee may deem necessary to provide for my support, health and comfort and to pay my obligations, including the support of my wife. My Trustee shall annually add any undistributed income to principal. C. Disposition At My Dea&. If my wife survives me, my Trustee shall divide the residue and other assets received by my Trustee by reason of my death into the Marital --~Shar, and the ~Family Trust as directed.in. Article V.~ If my wife does not survive me, all such assets shall constitute the Family Trust. My Trustee shall administer the Marital Share and the Family Trust as directed in Articles I1 and III, respectively. Article II. Marital Share. My Trustee shall distribute the Marital Share to my wife outfight, in fee simple and absolutely. 36 Article III. Family Trust. A. During My Wife's Lifetime. My Trustee shall pay the net income of the Family Trust to nay wife during her lifetime in quarterly or more frequent installments and may pay to her or for her benefit as much of the principal of the Family Trust as my Trustee may ctcem ncccssapy for her support and health. B. Following Survivor's Death. Following the death of the survivor of nay wife and me, nay Trustee shall divide the principal and any accrued or undistributed income of the Family Trust into as many equal shares as may be necessary in order to provide (i) one share for each then living child of mine and (ii) one share for each deceased child of mine having a descendant then living, and my Trustee shall dispose of such shares as follows: (1) My Trustee shall di~stribute one share to each then living child of mine; and (2) My Trustee shall distribute one share to the then living descendants, per stirpes, of each deceased child of mine having a descendant then living. C. Takers itt Default. If at any time there is no living beneficiary designated to receive the assets of the Family Trust, my Trustee shall distribute such assets one-half to my heirs and one-half to the heirs of my wife, bors determined as if we had died unmarried at such time, pursum~t to the laws of Virginia governing intestate succession to real estate that are in force on the date of this Declaration of Trust. Article IV. Provisions for Grandchild. A. GrandchiM's Trust. Whenever any trust payment or other interest in any trust vests m a grandchild or other beneficiary under age twenty-five, my Trustee may hold the interest in trust. My Trustee may pay to or for the benefit of the beneficiary as much of the net income or principal of the trust as my Trustee may deem necessary for the beneficiary's support, health and education. When the beneficiat~ reaches age twenty-five, nay Trustee shall distribute the trust assets to flae beneficiary. If the beneficiary dies before reaching that age, my Trustee shall distribute the trust assets to the beneficiary's estate. B. Custodial Accounts. My Trustee may distribute any interest vesting in a bcneficiary under age twenty-one to a custodian under the Virginia Uniform Transfers to Minors Act (21) selected by my Trustee. My Trustee may distribute any interest vesting in an incapacitated beneficiary to a custodian under the Virginia Uniform Custodial Trust Act selected by my Trustee. Article V. Division Into Family Trust and Marital Share. A. Assets Subject to Division. If my wife survives me, my Trustee shall divide the principal of the assets held at my death and other assets received by my Trustee that are included-in nay gross cstat¢~ for federal estate tax:purposes after paYment of any charges under Article VI (collectively the "Trust Assets") into the Fanfily Trust and the Marital Share in the manner described in tlfis Article. B. Family Trust Fractional Share. The Family Trust shall consist of a fractional share of the Trust Assets. The numerator of the fraction shall equal the largest value of the Trust Assets that can pass free of federal estate tax by reason of the unified credit and the -2- 37 credit for state death taxes (to the extent the use of such credit does not increase state death taxes) allowable to nay estate, after reduction by reason of (1) nay adjusted taxable gifts, (2) other dispositions of property included in my gross estate for which no naarital, charitable or other deduction is allowed in computing nay federal estate tax and (3) adnfinistration expenses and other charges to principal that are not claimed and allowed as federal estate lax deductions. The denominator of the fraction shall equal the value of the Trust Assets based upon values as finally determined for federal estate tax purposes. C. Marital Share Fractional Share. The Marital Share shall consist of the remaining fractional share of the Trust Assets. D. Tax Elections. Any portion of the Marital Share fo~ which the marital deduction is not allowed in computing my federal estate tax by reason of a qualified disclaimer shall not be deemed a disposition of property under clause (2) of paragraph B. Transfer taxes incurred at 1ny death and attributable to a qualified disclaimer of property included in my gross estate shall not be deemed charges to principal under clause (3) of paragraph B. I realize that the fractional shares of the Family Trust mad Marital Share may otherwise be affected by thc exercise of certain tax elections. E. Assets Not Subject to Division. My Trustee slmll segregate and add to the Family Trust all assets that are not included in my gross estate, and such assets shall not be subject to the fractional division described in this Article. F. Allocation of Assets. My Trustee shall not allocate to the Marital Share any property or proceeds of property that cannot qualify for the marital deduction. To the extent possible my Trustee shall not allocate to the Marital Share any assets upon which a foreign death tax is payable. In other respects my Trustee may allocate assets as my Trustee may deem to be in the best interests of the beneficiaries, valuing each asset on the date of allocation. G. Allocation ofbtcome. Income eamed on the Trust Assets before the division (and income on assets used to make the payments under Article VI) shall retain its character as income and shall be allocated in the same fractions. Income earned on assets that are not included in lny gross estate shall retain its character as income in the Fanfily Trust. Article VI. Debts, Taxes and Other Charges. At my death my Trustee shall pay to or upon the order of my Executor funds needed to pay nay legally enforceable debts, nay charitable pledgesi funeral and burial expenses, costs of administration, transfer taxes and specific bequests under nay will. My Trustee may rely upon my Executor as to the amount of the charges. My Trustee shall use any United States Treasury securities that may be redeemed at par to pay federal estate taxes for that purpose. Assets that are not included in nay gross estate shall not be used for such payments. My Trustee shall pay the charges before the division of the assets u~der Article V, and the payments shall not be charged against the Marital Share or flae share of any beneficiary. Article VII. Trustees. A. Additioval Trustees. At any time that only one Trustee is serving, that Trustee shall have the right to appoint any individual or any bank or trust company having trust -3- powers to become an additional Trustee. The appointment of any additional Trustee shall be effective upon written acceptance of fiduciary duties delivered to the Trustee then serving. B. Resignation of Trustee. Any Trustee may resign as Trustee by written notice to me, or if 1 am not living, to the adult beneficiaries authorized to receive trust income and the parents or other adult persons responsible for any minor beneficiaries authorized to receive trust income. C. Successor Trustee. If all the Trustees named in paragraph A of Article I resign or other~vise cease to serve and no other Trustee is then serving, I, or if I am not living, a majority of the adult beneficiaries authorized to receive trust income, or if there are none, a majority of the parents or other adult persons-responsible for any minor beneficiaries authorized to receive trust income, may appoint any individual or b.ank or trust company lmving trust powers as successor Trustee. The appointanent shall be effective upon written acceptance of fiduciary duties by the successor Trustee. If no successor Trustee is so appointed, a successor Trustee may be appointed as provided by law upon application of the resigning Trustee or any beneficiary. D. Actio~,s of Predecessor. No Trustee serving under this Declaration of Trust shall be responsible for or required to inquire into any fiduciary actions occurring before such Trustee's appointment. E. Compensation. Any individual Trustee shall be entitled to reasonable compensation for services rendered. Any corporate Trustee shall be entitled to receive for its services the compensation specified in its published fee schedule in effect at the time services are rendered, and sUch compensation may vary from time to time based on such schedule. Article VIII. Trust Administration. A. Fiduciary Powers. In addition to the powers granted by law, I grant my Trustee the powers set forth in Section 64.1-57 of the Code of Virginia, and I incorporate that Code Section in this Declaration of Trust by this reference. Assets may be transferred to this trust that would not meet the standard in Virginia as suitable investments. My Trustee may nevertheless retain the assets for so long as my Trustee considers appropriate, even if the assets represent an overconcentration or do not meet the standard of prudence. B. Funding of Marital Share. In funding the Marital Share, my Trustee shall not exercise any power in a manner that wOuld infringe upon any legal requirement for the allowance of the marital deduction. C. GSTExemption Allocation. I have authorized my Executor under nay will to allocate all or any portion of my available exemption from generation-skipping transfer taxes to any property of which'I am the transferor, including any property transferred by me during my lifetime as to which I did not make an allocation before my death. Without limiting the discretion of nay Executor, I anticipate that my Executor will allocate my --available GST-¢xemption.to the Family Trust. D. Merger. My Trustee may merge or consolidate for adnfinistrative purposes any trust made by me with may other trust made by me or my wife having tlae same Trustee and substantially the same dispositive provisions. -4- 3¸9 E. Allocation of Assets. Assets allocated to one trust or share may be of different character or have different income tax bases than assets allocated to another trust or share. F. Fiduciary Discretion. The powers and discretion granted to my Trustee are exercisable only in a fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an incidental consequence of the discharge of fiduciary duties. My Trustee may make tax elections without regard to the relative interests of any beneficiaries and may, but shall not be required to, make equitable adjustments among beneficiaries. G. Tax-Sensitive Powers. After my death, no individual serving as Trustee may participate as Trustee in the exercise of any discretion to distribute principal to himself or herself other than for his or her health, education, support, and maintenance, or any of them, nor may any such individual participate as Trustee in the exercise of any discretion to distribute or expend principal or income in a manner that discharges a Trustee's personal obligation to support a beneficiary. If this paragraph precludes all of the Trustees from exercising a discretion otherwise granted them, an independent person may be named by the Trustees as an additional Trustee, with the sole authority to exercise these discretions. H. b, vestment Advisor. My Trustee is authorized to employ attorneys, accountants, invesanent advisors, specialists and such other agents as my Trustee shall deem necessary or desirable. My Trustee shall have the authority to appoint an investment manager or managers to manage all or any part of the assets of the trust, and to delegate to said manager' investlnent discretion. Such appointment shall' include the power to acquire and dispose of such assets. My Trustee may charge the compensation of such attorneys, accountants, invcstment advisors, investment managers, specialists and other agents and any other expenses against the trust. I. Change of Trust Situs. If at any time, in the opinion of my Trustee, it is in the best interests of the beneficiaries of any trust for the situs of the trust to be located in a jurisdiction other than the one in which the trust is administered at the time, my Trustee may remove the trust situs (and if appropriate, the trust assets) to such other jurisdiction. My Trustee nmy also elect flint the law of such other jurisdiction shall govern the t/'ust if appropriate under the cimumstances. J. Accountings. My Trustee shall make an annual accounting to me during my lifetime, and after my death, to each beneficiary or the one who, in the opinion of my Trustee, is primarily in charge of such beneficiary's affairs. K. Right to Reside in Residence. I anticipate that after my death my Trustee may retain an interest in my residence in the Family Trust. To the extent that an interest in my residence is so retained, my wife shall have the exclusive right to use or occupy the residence free of rent or other charges. My wife may direct my Trustee to sell my Trustee's interest in the residence and reinvest the net proceeds in income-producing assets, or apply the proceeds to purchase an interest in another residence acceptable to my wife to be retained in trust for her personal use. Article IX. Reserved Rights. A. Additional Contributions. I reserve for myself and any other person, with the consent of my Trustee, the right to transfer additional assets to my Trustee. -5- 18 B. Revocation and Amen&nent. I reserve the right to revoke or amend this Declaration of Trust by a writing (other than my will) signed by me and delivered to my Trustee during my lifetime. The duties or compensation of my Trustee shall not be changed without the consent of my Trustee. If this DeclaratiOn of Trust has been revoked but at n~y death any assets are payable to my Trustee, my Trustee shall distribute the assets to my estate. Article X. Miscellaneous Provisions. A. Spendthrift Provisions. To the extent pemfitted by law, the principal and income of any trust shall not be liable for the debts of any beneficiary or subject to alienation or anticipation by a beneficiary, except as otherwise provided. B. Adoption. A person related by or through adoption shall take under this Declaration of Trust as if related by or through birth. C. Construction of Terms. Where appropriate to the context, pronouns or other mm~s expressed in one number and gender shall'be deemed to include the other number and genders. Tax-related temps shall be construed in the context of the federal revenue laws in effect at my death. D. Situs. This Declaration of Trust is made and delivered in Virginia and shall be governed by its laws. Witness my signature and seal: STATE OF VIRGINIA-AT LARGE tSEAn]e Howell J~f?Cotten~rafitor and initial Tmste CITY OF CHARLOTTESVILLE, to-wit: May The foregoing instrument was acknowledged before me this · ., 2000 by Howell Joe Cotten~//7 ~_ ~ , . / Notary Pub~ [SEAE] 3rd day of My Commission expires: June 30, 2001 -6- 17 How will the proposed special use affect adjacent property? Parcels 74 (47.352 acres), 75 (105.856 acres) and 6 (102.4 acres) are all used as cattle grazing and/or farm cropland. In addition, there is and will remain, substantial tree buffers on the subject site between the proposed building and those adjacent parcels. Parcel 14-B (8.165 acres) has a residence built on it and is buffered from view of the proposed building by a hill and several hundred feet of undisturbed trees and undergrowth. The proposed special use will have no affect on the adjacent property. This request is merely to bring the current use and the existing special use declaration into alignment. How will the proposed special use affect the character of the district surrounding the property? Given the various uses in the Stony Point neighborhood, i.e. the Ruritan Club, Stony Point Elementary School, Episcopal Chapel, and Fire Station, the proposed use for the subject site is consistent with the character of the district. The rural area character of the district surrounding the property will not be affected by the granting of the special use being requested. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The special use request is in harmony with the Zoning Ordinance as set forth in the Albemarle County Code section 1.4. In particular, Section 1.4.8 is the most applicable issue to the property under consideration for special use. Since the adjacent properties are currently fully provided for in their agricultural use, the alignment of the existing use with the special use declaration will in no way alter this provision. Additionally, Section 1.5 states that the code is designed to ensure that the treatment of lands provides "reasonable consideration for the existing use and character of properties". This request amounts to a change in declaration of use and nothing further as to actual use or character of properties. Therefore the harmony in question is fully addressed. How is the use in harmony with the uses permitted by right in the district? In Albemarle County Code Section 10.2.2 BY SPECIAL USE PERMIT, number 35 (church) appears to be the most appropriate item. A number of residents of Albemarle County, Greene County and the city of Charlottesville .... function together on a regular basis as a part of the "church" which is Christ's body. The suOjeet property has been used for decades as the center of this assembly's interactions with each other. Also, as stated above, Section 1.5 provides for the reasonable consideration for the existing use and character of properties. This gathering place has been for more than three decades, is currently and is desired to be in the future allowed to support the needs of this assembly of citizens of the above mentioned counties and city. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? Not applicable. How will this use promote the public health, safety, and general welfare of the community? This facility provides activities for the children, teenagers and families of this assembly. The intent is to promote the development of responsible adults thus contributing directly to the common good of all citizens of Albemarle County. This intent is realized by providing recreational needs and instructional training in being law-abiding citizens that can enjoy their environment and community and pass the same along to the next generation by responsible handling of available resources. Both responsible and accountable behavior is aggressively encouraged and taught by example of the parents and grandparent- in the community. Teenagers and children are taught in these principles by oppommities to serve one another in community oriented fellowship activities. Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operation hours, and any unique features of the use: This request is to bring the current use and the existing declaration of special use into alignment. This will require 1) maintaining the campground use, 2) vacating the private school use and 3) adding a church use. The residents of Albemarle, Greene and City of Charlottesville that constitute the assembly that use the existing facilities are bound together by commonly held religious beliefs. The gathering together, on the property in question, is for the conduct of activities associated with the shared beliefs of the assembly. There is nointent to construct an edifice or draw attention to the facilities as would be commonly expected by church builders: There would be no canvassing of thc surrounding neighborhood for converts or busing ~flocal residents to and from this center. There would be no prominent advertisement of the facility that could cause at least an identity impact to the community. Since this approach has been followed for decades on this property, this specific request for change in special use status is'merely impacting the recorded statement and represents no significant change to .what has been the practice for decades. The use is intended for those known to be of like mind as to beliefs that wish to share inthe community- related activities. These activities are directed toward religious training and the provision of recreational activities for children and teenagers. These activities do not create excess noise but are extremely low key as to what one would reasonably expect from a large gathering of people. The responsible conduct on the part of the participants is a product of the religious beliefs of the assembly. Additionally, the use is for training children and teenagers how to become responsible adults. This requires, in part, the responsible use of resources such as property, obedience to the laws regarding use of these resources and being responsible neighbors in the neighborhood in which the property is located. To this end this request is being submitted to ensure the proper posture of the owner in the use of his property for this assembly's activities. 70 adults and 50 children on average use this facility at least 3 times per week. Seven months of the year, usually on the 3ra Sunday of the month, the center is used for a regional gathering of this assembly. At these times there will be approximately 200 adults and 150 children. Weeknight hours of operation are typically 7:00PM to 10:30PM and Sundays 9:00AM to 10:30PM. There are normally 4 and some years 5 camps held at the center. Attendance at camps ranges between 300-350 persons. These camps usually extend across holiday weekends. The hours of operation are typically 8AM to 12AM at the extremes. Unique features of the use are the following:1) Responsible, law abiding use of the property AT ALL TIMES 2) Respectful consideration of adjoining property owners concerns and legitimate use of their property 3) Provision of recreational activities for children and teenagers that are extremely low noise by any standard used in rural areas today 4) Maintenance of good neighbor relations with adjacent property owners 5) Refusal to alter appearance of property by using permanent advertisement articles 6) Desire to provide minimal impact to community identity and environment through the continued use of the property as has been sustained over the past 3 decades. Additional Historical Data Some Christians we know in this area have been meeting in the Name of the Lord Jesus Christ without denominational ties since 1956. We have rented various meeting rooms, school auditoriums and other public facilities for years. We began meeting on this property in 1963 and because of the lack of facilities were limited to summer time use. In 1964 we built our first open-air structure therefore at, er Albemarle .County organized the Zoning Department we became a non-conforming use of this property. Since we were only using the facilities in the summer time we applied and secured a Special Use Permit for our camping outings. Over the years the facilities were improved until they could be used year around. Since that time the non-conforming use of the facilities has made it apparent that a "church" classification more accurately describes the current use. We are requesting this special use classification to continue congregating and offering our services to the community. Services include but are not limited to Bible study, worship services, congregational singing, special group singing, young people activities such as racketball, volleyball, basketball and baseball. Activities for children in addition to playground equipment and games, include sings, birthday parties and the like. Christian camps on the various national holidays are designed as family activities to strengthen the family. All of our meetings and camps are family oriented so our count of attendees includes adults and children. We thank you in advance for reviewing this information and granting this special use permit to properly align our current use of the property making it a conforming use thus allowing us to replace the existing facilities with a new building. 20 2~ 2~ DETAIL SHOWING LOC RESIDENCE ON TRACT' SCALE 1%40' _._50.4 ' ~TION OF 2 (3.29AC) S64° 48'E FB37 PLAT SHOWING SURVEY AND DIVISION OF TRAGT~LAND SHOWN AS PARCEL 15 ON TAX MAP~ SHEET 48 RIVANNA MAGISTERIAL DISTRICT ~o.. ~,.~,,.~.~ oou.~.w. ,,,, I 200' . ~u.~ 6,~s~ ~t~' ' ~ · . /, ,,~. , WI~AM S. R~DABUSH,JR. /~ ~ _~r . ~ . 22 / / / / / / / /' 1' [ ./ t / ! ! ! ! /¢ J I N ! ! ! ! / WOO A'F..E~, ATTACHMENT B / 47 COUNTY OF ALBEMA~-~-E~ Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 ~ 5823 Fax (804) 972 - 4012 July 31, 2001 David M. Rutt 2860 Cindy Lane Charlottesville, VA 22911 RE: SP-2001-017 Merrie Meadows SDP-2001-036 Merrie Meadows Site Plan Waiver Tax Map 48, Parcel 15A Dear Mr. Rutt: The Albemarle County Planning Commission, at its meeting on July 17, 2001, unanimously recommended approval of ~the above-noted petition to the Board of Supervisors. PleaSe note that this approval is subject to the following: $P-2001-017 Merrie Meadows - Recommended approval subject to the following conditions: 1. The improvements shall be constructed on the parcel in substantial conformance with the plan included in this report as Attachment B, titled Merrie Meadows Site Plan and dated 6- 13-01 (revised). 2. A commercial entrance, subject to Virginia Department of Transportation standards, shall be required. Adequate sight distance will be required by either a dedication of a 25' right-of- way along the property line abutting Route 20 or the provision of a sight easement for the entrance, subject to the approval of the Virginia Department of Transportation. 3. All required Health Department approvals shall be obtained prior to the issuance of a building permit. All structures and parking areas not in existence as of the date of the approval of this special use permit shall maintain Commercial setback standards (50 feet for rear and sides), as set forth in Section 21.7.2 of the Albemarle Zoning Ordinance. All outdoor lighting shall be shielded to reflect light away from the adjoining properties and Route 20. 6. All outdoor activities shall cease after 10 P.M. Page 2 July 31, 2001 7. SP 81-18 and all uses authorized thereby are terminated. Pdor to issuance of Certificate of Occupancy, Evergreen trees, such as white pine, shall be installed between the access road and the adjacent parcel (TM 48 Parcel 74). The landscape materials and location of installation shall be subject to approval of the Planning Director or designee, prior to issuance of a building permit. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on August 15, 2001 ($P only). 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 headng date. SDP.2001-036 Merrie Meadows Site Plan Waiver- Approved subject to the following conditions: 1. Prior to the issuance of a building permit, the applicant shall provide adequate sight distance at the entrance along Route 20, subject to approval by the Virginia Department of Transportation. 2. The entrance to the site shall be' depicted on a plan prior to issuance of a building permit. 3. The application number and conditions of approval for SP 01-17 shall' be noted on the plan, prior to issuance of a building permit. 4. All required setbacks shall be noted on the plan, prior to issuance of a building permit. 5. The following notes on the plan shall be required prior to issuance of a building permit: "Each outdoor luminaries equipped with a lamp which emits 3,000 or more initial lumens shall be a full cutoff luminaries or a decorative luminanes with full cutoff optics." and "The spillover of lighting from parking area luminaries onto public roads and property in residential or rural areas zoning distriCts shall not exceed one-half (%) foot candle" If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Joan McDowell Principal Planner JMD/jcf Cc: Ella Carey Jack Kelsey Bob Ball Amelia McCulley Steve Allshouse Howell J. Cotten GOOt¥ ,f Of DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT 401 Mclntlre Road Charlottesville, VA 22901-4596 804 296-5823 ATTACHMENT F August 12, 198.5 Howell J. Cotten Rt. 1, Box 280 Keswick, VA 22947 RE: SP-85-35 Howell J. Cotten Dear Mr. Cotten: ~The Albemarle County Board of Supervisors, at its meeting 6n~August 7, 1985, unanimoUsly approved the above-noted request to allow use of four existing cabins for weekend outing lodging/camping on 40.84 acre~ zoned RA, Rura.1 Areas (portion containing camp area) and VR, Village Residential. Property, described as Tax Map 48, parcel 15, is located on thenorth side of Route 20 North about 1,800 feet east of Route 600 at Stony Point. This approval is subject to the following conditions: 1. Due to inadequate construction of well, annual Health Department review to insure potability of water, or verification by Health ..Department that the well to be used meets current standards; Fire and Building Official approval of cabins for sleeping purposes including limitation of occupancy; 3.. Camping limited to two weekends per year; provided that the Zon%ng Administrator may permit a reasonable ~ncrease in the number and/or duration of such events upon a finding that such increase would not be obtrusive to the area; --4. ,Compliance with 5.1.5 of the Zoning Ordinance: c~~ Provisions for outdoor cooking, campfires, cooking pits, etc., ~?_~7/~ shalI be subject to Albemarle Count~ Fire Official approval ~/~v '. whether or not si.re development plan is required; b. Ail such uses shall confOrm to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements. Mr. Howell J. Cotten Page 2 Approval of SP-85-35 is for the current owner only and is ]lot transferable. If you should have any questions regarding this action, please advise. Sincerely, Janice C. Wills Administrative Secretary J CW CC: Mr. Jack Collins Mr. Bob Vaughn wi, Ir. Michael Tompkins AUG 12, 1985 Ai 15E, MARLE couNTY ZONING DEPARTMENT Mr. & Mrs. Robert J. Runser 3964 Stony Point Road Keswick, VA 22947 (434) 973-6187 May 7, 2002 Albemarle County Board of Supervisors 401 Mclmire Road Charlottesville, VA 22902 RE: SP 2001-017 Merrie Meadows - Tax Map 48 Parcel 15A Dear Board Members: When you vote on May 15, 2002 on the matter of the Merrie Meadows petition, you will be putting an indelible mark on the future of the surrounding rural neighborhood. We hope you will vote not to include the camping permit along with the church permit as we and the neighbors would like to live in peace and quiet, not subject to frequent noise pollution at unreasonable hours of the night due to such outdoor activities. As you are aware, the group requesting this special permit does not have a good past record of adhering to regulations and 2001.restrictions as we pointed out to you in our letter to the Board of Supervisors dated August 6, This past fall the Department of Planning and Community Development informed the major surrounding property owners and Mr. Cotten that his group was not to have a campout because his prior permit was null and void. In spite of this notification by County staff, the group had a very large campout on the Labor Day weekend. At another fall campout at night, the group set offcar alarms at intervals and the people would scream after each alarm would sound. This type of behavior would not be tolerated in a public campground. (The number of people attending these campouts is probably greater than those at any time at many public campgrounds.) All of this was reported to Joan McDowell. Ms. McDowell recently informed us that Mr. Cotten was using 2000 federal legislation regarding religious fi'eedom as the basis for refiling his petition, and she suggested we obtain a copy of the bill. We reviewed the bill and nowhere in this legislation does it appear to sanction excessive noise such as that coming from the campouts. In addition to the issues outlined above, we were led to believe that the Rutherford Institute was involved in this matter. Today, we received a call from the institute informing us that the organization was in no way involved with the above petition. 05-08-02P04:77 RCVD It is our hope that the Board of Supervisors Will make the appropriate and fair decision in this matter, and be considerate and respect the rights of al__!l of the surrounding property owners. Due to an out of town commitment we will be unable to attend the May 15th Board of Supervisor's meeting. Robert and Vera Runser CC: Albemarle County Board of Supervisors Mrs. Sally H. Thomas, Chairman Mr. David P. Bowerman Mr. Dennis S. Rooker Mr. Lindsay G. Dorrier, Jr. Mr. Charles S. Martin Adjacent Property Owners Sheila Gardner John and Geraldine Savory Ms: SallYH.'Th6~ Albemarle COunty Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902-4596 May 6, 2002 4! 32 Stony Point Road reswick,,~A ~ 22947 Dear Ms. Thomas: We are writing to express our deep concern about the possible rezoning of the Merrie Meadows property in Stony Point (SP-2001-17). The rezoning is for the development of the property for overnight camping. The noise associated with such an activity will be excessive and will greatly affect the quiet rural atmosphere of this beautiful part of Albemarle County. This is a historic area, with one of the oldest farms in the county close by. Our property is adjacent to Merrie Meadows, and we would be greatly affected by any rezoning. Already the property is used for activities involving numerous individUals:and the noise is certainly noticeable. Additional activities with more people would be undesirable to many residents of the area. Other considerations are the increased traffic in a part of Route 20 that is dangerous. The entrance to the.property is not evident and an increase in the number of accidents is a distinct possibility. The disposal of trash, sanitary facilities and water usage are all considerations if the number of overnight camping facilities is increased significantly. We urge you to deny this application for rezoning and maintain the region in its presem form as a lovely rural part of Albemarle County. We both apologize that we will not be able to attend the public hearing, but we have to attend a scientific conference in Salt Lake City, Utah during the date of the hearing. Sincerely, arian Geraldine Savory DISTRIBUTED TO HAY 0 8 2002 BOlS on 05-05-02A09:70 ROY0 T ~$~-A~-[Q~AL~ ONFLICT O~ TRANSACTIONAL DISCLOSURE STATEMENT For Officers and Employees of Local Government [Section 2.2-3 t 15(E)] Name: Dennis S. Rocker 2. Title: _Jack Joue~ D!strict Supervisor 3. Agency: Albemarle CountyBo~d of Supervisors 4. Transaction: SP-2001.047 Albemarle Ba_~l~st Church 5. Nature of Personal Interest Affected by Transaction: _Ownership interest in the underlying property. 6. I declare that: I bediT'~u-'""~*recordedSa ali~;,,,,in themyself from participating in this transaction and request that this fact appropriate public records for a period of five years. Dated: Signature Dex A. Sanders Architect 16 ] 02 Rac~o~ ulpeper, Virginia 2270] Tel540,829.2590 . Fax540.82~.2591 . dexarchitecf@earthrrnk.net 05/06/02 REQUEST TO R~ISE SPECIAL PERMIT CONDITIONS FOR THE ALBEMARLE BAPTIST CHURCH SPECIAL USE PERMIT APPLICATION Albemarle County Board of Supervisors 401 Mclnfire Road Charlottesville, VA 22902-4596 RE: Board of Supervisors Meeting - May ] 5, 2002, SP-2001-047 We have reviewed the Department of Planning letter of April 25, 2002 that records Albemarle Planning Commission aPproval for the referenced project subject to (10} 'conditions the Commission recommends attaching lo the permit. On behalf of the applicant, we are requesting that condition # 10- "Permeable shall be used for all parking spaces, subject to the approval of 'the Department of Engineering", be removed from the approval conditions. We understand from conversations with the Department of ~anning, that the Albemarle County Department of Engine~ing does not currently .recommend permeable paving for the proposed site use. Although it's certainly an approach that warrants further research and development, current Pen-rteable paving technology is expensive, ~intenance intensive and suitable or~ for certain Iow volume overflow parking applications. Upon special permit approval, the Owner will begin the Site development plan process that will inck~.de detailed design of parking areas, control and management of ~tc~m water run-off and erosion control with review and approval of the County. Storm water management is primarily developmentan ~ngplandesignprocess.issue that shot,~ct be coordinated and approved ft~ough the Thank you for your consideration in this matter. Dex A. ,Sanders, AtA Cc: Steven Blel, Marc Deloach 05-'~3-02P01:22 RCVD April 25, 2002 COUNTY OF ALBEMARLE Department of' Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 Dex Sanders 134 Burgess Lane Charlottesville. VA 22902 RE: SP-2001-047 Albemarle Baptist Church, Tax Map 61, Parcel 1E Dear Mr. Sanders: The Albemarle County Planning Commission, at its meeting on April 23, 2002, unanimously recommended approval to the Board of Supervisors Please note that this approval is subject to the following conditions: 1. All requirements of the Architectural Review Board shall be met, including the site plan indicating the exIsting tree line and specific trees of 6" or greater an d retaining significant trees. 2. Th e ch urch s 'mprovements and the scale an d location of the improvements shall be developed in substantial compliance with the master plan entitled Albemarle Baptist Church, prepared by Dex A. Sanders, and dated 11/28/01. 3. The area of assembly shall be limited to a maximum 435-seat sanctuary. 4 Health Department approval of well and septic systems prior to final site plan approval. 5. Commercial setback standards, as set forth in Chapter 18, Section 21.7.2 of the Albemarle County Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties 6. Any number of parking spaces in excess of the required minimum shall not be paved, 7. permit.There shall be no day care center or private schoot on-site without approval of a separate special use 8. useC°nstructi°npermit shall°f PhaSeexpire. 1 (6,800 sq. ft. sanctuary) shall corem ence with in 48 months or this special 9. All requirements of VDOT shall be met pdor to final site plan approval, including approval of one entrance from Roselyn Ridge Road, with a 100' right-turn lane and 100' taper lane. 10.of Permeable Engineering. pavement shall be used for all parking spaces, subject to the approval of the Department Please be advised that th e Albemarle County Board of Supervtsors will review this petition and receive public comment at their meeting on May 15, 2002. 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 should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Steven Biel Planner Cc: Ella Carey Jack Kelsev Amelia McCulley Steve Allshouse ~CVD STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel April 23, 2002 May 15, 2002 SP 2001-047 Albemarle Baptist Church Applicant's Proposal: The applicant has requested approval of a special use permit to allow for thc construction of a church. The submitted master plan proposes that the construction would be built in three phaseS for a total of 25,800 sq. ft. and 174 parking spaces. Phase 1 would consist ora 6,800 sq. ft. sanctuary and 60 parking spaces, phase 2 would consist of 9,400 sq. ft. sanctuary and 114 additional parking spaces, and phase 3 would consist ora 9,600 sq. ft. multi-purpose building. The property is currently unimproved and mostly wooded (Attachment D). If this request for a special use permit were approved, the applicant would have 24 months to commence the use, structure, or activity for which the special use permit Was approved, in accordance with Chapter 18, Section 31.2.4.4 of the Zoning Ordinance. The applicant would like to request a waiver from 24 months to 48 months to allow additional time to prepare for the site plan review (Attachment E). The request for the waiver is reflected in condition #10 of the conditions of approval. Petition: Request for special usepermit to allow a church, in accordance with Section 10.2.2.35 of the Zoning Ordinance, which allows for churches in the Rural Areas. The property, described as Tax Map 61, Parcel 1E, Contains 6.239 acres and is located in the Jack Jouett Magisterial District on the northwest comer of Hydraulic Road (State Route 743) and Roslyn Ridge Road (State Route 1390), approximately 1.5 miles northeast from the intersection of Seminole Trail (U.S. 29 North) and Hydraulic Road (State Route 743). The property is zoned Rural Areas District (RA). The Comprehensive Plan designates this property as Rural Area. Character of the Area: The property under review contains 6.239 acres and slopes up from the intersection of Hydraulic Road and Roslyn Ridge Road to the north. The site is located in the Hydrauhc Road Entrance Corridor, and all structures would be visible from the entrance corridor. Although the site is located within the Rural Areas, the surrounding area consists of a mixture of residential and commercial development. The Union Ridge Baptist Church is located a short distance to the north, on the east side of Hydraulic road, and the Church of Jesus Christ of Latter-Day Saints is adjacent to the site to the north. Planning and Zoning History: In 1987, the parcel was originally createdas a 21.1156-acre lot with the right to have only one dwelling. However, in 1999, VDOT established a right-of-way (approximately 328' at the widest point) for the future Route 29 Bypass, essentially splitting the site into two parcels. This created a situation where the two portions of residue could construct only one dwelling on one of them. SP 2001-047 Last Revised: 4/16/02 This special use request would provide a separate use to the parcel farthest from the remainder of the original residential subdivision lots and allow a church in an area that already has two churches within close proximity. Comprehensive Plan: The Comprehensive Plan identifies this site as being located in the Rural Area. The site is located on the northwestern side of Hydraulic Road, which forms a boundary between the rural area and development area. The proposed church could provide for a good transition between the rural area and development area. RECOMMENDATION: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and consistency with the Comprehensive Plan and recommends approval of SP 2001-047 with conditions. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue ail 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. This proposal would not be detrimental to adjoining property owners and is consistent with the development pattern of the area. The proposed church would provide for a transition between the rural area and the development area. that the character of the district will not be changed thereby, As the nature of the surrounding area can be described as a mixture of residential and commercial uses, the proposed church would not change the character of the area. The applicant has appeared before the Architectural Review Board (ARB) and has agreed to the Board's four recommendations (Attachment F). A revised master plan was submitted addressing the orientation of the structures and location of the parking behind the structures. The ARB is also concerned about what the effects of lighting and signs would have on the entrance corridor. These issues would be addressed at the site plan review stage, with additional review provided by the ARB. The ARB will be particularly interested in the orientation of the proposed structures and parking configuration to ensure they are in substantial compliance with the master plan. SP 2001-047 Last Revised: 4/16/02 and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed the purpose and intent as contained in Chapter 18, Sections 1.4, 1.5, and 1.6 of the Zoning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance. with the uses permitted by right in the district, This use would not prevent a by-right use of adjacent property. with additional regulations provided in Section 5.0 of this ordinancc, There are no additional regulations relating to churches. and with the public health, safe _ty and general welfare. The pubhc 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. In regard to transportation safety, VDOT has reviewed the master plan and recommended there be one entrance fi.om Roselyn Ridge Road, with a 100' right-mm lane and 100' taper lane. The applicant has provided for these requests on the master plan. The Health Department had preliminarily approved the site for septic based on the original master plan showing a maximum seating capacity of 240 occupants. After the applicant appeared before the ARB (11 / 19/01), a revised master plan was submitted to staff addressing several of the recommendations fi.om the ARB. The current revised master plan shows a seating capacity of 435 occupants. The Health Department determined the increase in seating created a design, flow of greater than 1,200 gallons per day, which would require a mass drainfield. The applicant submitted an engineered study of the soils for review and approval by the Health Department. Preliminary approval has been granted by the Health Department for a proposal to utilize timed dosage of the sewage effluent fi.om the church. The Health Department has determined this would-be an appropriate method to circumvent the mass drainfield requirements. Chapter 18, Section 4.12.6.6.2 of the Zoning Ordinance requires the apphcant to install one parking space per four fixed seats or for each seventy-five square feet of assembly area. The number of parking spaces permitted in excess of the minimum standards should be addressed at the site plan review stage to ensure there is adequate space to install a properly sized septic system (with primary and reserve fields). In addition, the number of parking spaces permitted in excess of the minimum number required should SP 2001--047 Last Revised: 4/16/02 not be paved. This would allow a blend of urban and rural characteristics and help promote the site as a transition between the development area and rural area. SUMMARY: Staff has identified the following factors favorable to these applications: There are two existing churches within close proximity of the site. The proposed church would serve as a transition between the developed area and the rural area. The site is located in an area that is more characteristic of the developed area rather than the rural area. Staff has identified the following factors unfavorable to this request: The proposed number of parking spaces may prevent an adequate location for the septic drainfield. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval, subject to the following conditions: 7. 8. 9. 10. Alt requirements of the Architectural Review Board shall be met, including the site plan indicating the existing tree line and specific trees of 6" or greater and retaining significant trees. The church's improvements and the scale and location of the improvements shall be developed in substantial compliance with the master plan entitled Albemarle Baptist Church, prepared by Dex A. Sanders, and dated 11/28/01. The area of assembly shall be limited to a maximum 435-seat sanctuary. Health Department approval of well and septic systems prior to fmal site plan approval. Commercial setback standards, as set forth in Chapter 18, Section 21.7.2 of the Albemarle County Zoning Ordinance, shall be maintained adjacent to residential uses or residentially zoned properties. The required number of parking spaces shall be determined by the ability to properly locate the septic drainfield. Any number of parking spaces in excess of the required minimum shall not be paved. There shall be no' day care center or private school on-site without approval ora separate special use permit: Construction of Phase 1 (6,800 sq. ft. sanctuary) shall commence within 48 months or this special use permit shall expire. All requirements of VDOT shall be met prior to final site plan approval, including approval of one entrance from Roselyn Ridge Road, with a 100' right-mm lane and 100' taper lane. SP 2001-047 4 Last Revised: 4/16/02 Attachments: A - Application and Plan B - Location Map 'C - Tax Map D - Photos of Site E - Request for Waiver F - ARB Report SP 2001-047 Last Revised: 4/I 6/02 Application for Special USe Permit ATTACHMENT A *Zoning D~ct ~ A *Zoning Ordinance Section number requited [at ~-~, g¢ *a~f wffi ~i$t you ~ thee imm) this an amendment to an existing Special Use Permit? Are you rabmitting a site d[velopment plan wiflx this application? /2 Yes~l No Contact Person (Whom should we call/write concerning this projectT): ~"~X '~.~,F'~ Daytime Phone (~) Z~-~I ~ F~ ~ ~WW -~ I E-mail ~r~h~ , m~ Daytime?hone(4'~g¥ )'~4-'~[~ Fax# ~[~4., q~Z$ E-mail Physical Address (if=signed) Tax map and parcel Loeationofproperty(mdmar~s. inters=.on,.orot,er) f",,~f"~/~l" ~ .¢-~+ea'~ ff~B~ ~4~ ( ~¢~t[~ . Does the owner of this prope~y own (or have any ownership huerest in) any abutting property? If yes, ple~e list ; those tax map and parcel numbers OFFICE USE ONLY Fee amount $ History: '~t(Special Use Permits: ¢ ~-Iqflq - qoa '-'J ZMAs and Proffers: Letter of Authorization Yes 12 No '~ Variances: Concurrent review of Site Development Plan? Mclntire Road -N Charlottesville. VA 22902 Voice: 296-5832 "- Fax' 972-¢126 Section 31.2.4.1 of the Albemarle County Zoning Ordinance~states that, "The board of sdpervisors hereby reserves unto..,its~!f, the right to issue all special use permits permitted hereunder. Special use permits for uses ai 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 adjlcent 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 · ordinimce, with the usea.~.ermitted bYright'in the district, with additional r6gulations provided in section 5.0 of this ordinance, anit with the public health, safety and' general 'welfare. The items which follow will be reviewed by the staff in ~eir analysis of.your request. Please complete tNs form and provide additional info .rmatiqn which will assist the County in its review of your request.' If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? How will the proposed special use affect adjacent property, ' ' ' ' ' How will the proposed ~pecial use affect the ch~acter of~e district su~ounding ~e property? I- ' I - So is the us= in ha=ony wit~hepur~oseandintentoftheZoningOrdinance? How is the use iffh~mony with the uses permitted bv right in the district? IO.t. ~ i I' - ' ........ What additional regulati'ons provided in Section 5.0 How will this use promote the public health, safety, and general welfare or the community7 ~ I Describe your request, in detail and'include all pertinent information such as the numbers of persons invol red in the use, operating hours, and any unique features of the use: ~Ze.._.~._ ~.~r'~'~:{ r~,~hn, I} .t~.~.~~ ~' ' ATTACHMENTS RE(~UIRED - provide two(2) copies of each: Recorded plat or bot~ndary survey of the property requested for the rczoning. If there is no recorded plat or boundary survey, please provid, e legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are ~equesting a special use permit only for a portion of th~ property, it needs to be described or delineated on a copy of the plat or surveyed drawing. 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 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 1:o 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. OPTIONAL ATTACHMENTS: ~ 3. Drawings orconceotual plans, if any. (:2) ~,~?1~ %[~'~ ,~Kf~T~.H A%"I I"-} 4. Additional Information, if any. ~-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 is true and accurate to the best of my 'knowledge. Signature Printed Name Date Daytime phone number of Signatory PLAT PRELIMINARY SlT~ DATA BUILDING AREAS: PHASE ! - 6,800 SF PHASE 2 - 9,400 SF PHASE 3 - 9.600 SF TOTAL 25,800 SF OCCUPANCY: SANCTUARY MAXIMUM - 435 OCCUPANTS PHASE ! SANCTUARY- 120 OCCUPANTS PARKING: PHASE 1 - 60 SPACES PHASE 2 - ,I,14 SPACES TOTAL - 174 SPACES DRAWING NOTE~ l. IMPROVEMENTS SHOWN ARE CONCEI~IJAL FOR SPECIAL USE PERMIT ~ALUATION OF SCALE AND GENERAL LOCATION ONLY. UPON OBTAINING A SPECIAL USE PERMIT, A PRELIMINARY SITE DEVELOPMENT PLAN WILL BE SUBMI'n'ED SHOWING ACTUAL BUILDING CONFIGURATION, PARKING, ENTRANCES. GRADING AND DRAINAGE SUBJECT TO ENTRANCE CORRIDOR REQUIREMENT~ AN[ ALBEMARLE COUNTY REVIEW COMMENTS. MASTER SITE / DEVELOPMENT PLAN 1" = ~0.00' PLAT DATA TAKEN FROM PLAT PREPARED BY GLOECKNER, LINCOLN & OSBORNE, INC. CHARLOTT~VILLE, VA DA1ED REVISED APRIL 23, 1987. TOPOGRAPHY SOURCE - ROGER RAY & ASSOCIATES Dex A. Sanders Architect ATTACHMENT B SP 2001-047 ALBEMARLE BAPTIST CHURCH, TAX MAP 61,"PARCEL IE ( \ ) I I ALBEMARLE 45 -047 Albemarle Baptist COUNTY ATTACHMENT C 6O cITY OF -- ~-"~ A R L~'T'I'ES~ ! LI.F- '77' JAOK JOUETT, RIVANNA AND RI O DISTRICTS SEGTION 6¸t ATTACHMENT D View of site on the northwest corner of Hydraulic Road and Roslyn Ridge Road View of site on the northeast side of Roslyn Ridge Road /3 Dex A. Sanders Architect · ATTACHMENT E 'l 2 - 7 0 - 0 t34 Bur es kc~n¢ . g $ Lane Charlottesville, Virginia 22902 Tel 434.293.5166 · Fax 434.977.743~ ° dexarchitecf@earthtfrtk.nef 12/06/01 REQUEST FOR EXTENSION OF CONSTRUCTION START TIME FOR THE ALBEMARLE BAPTIST CHURCH SPECIAL USE PERMIT APPLtCATION The applicant is applying for a special use permit to construct a (1) story church'facility With parking and other improvements as a con dition of sale for T.M. 45- i 8 lot 1, since divided by VDOT take as shown on T.M. 45-18 and T.M. 6t-] E. The attached proposed Site Plan Sketch is preliminary and was prepared ta show proposed relative scale of improvements only for the purpose of obtaining a specia/use permit. Upon receipt of a special use permit and purchase of the property, the applicant will submit a detailed preliminary site plan showing actual building footprint, building, road and parking locations, storm water management requirements and all existing and new landscaping. It is our understanding that sect/an 31.2.4.4 of the zoning ordinance allows 24 months from the date a special permit is approved to the start of construction. Upon approval of the special permit, the Owner plans fo proceed with the purchase and development of the property. However, the Owner also recognizes the organizational challenges a church congregation I:aces when preparing to construct a facility and transition to a new location. As such, the Owner is requesting that the Board grant a time extension to allow a total of 48 months from permit approval to start of initial construction and/or subsequent phases as sh own on the attached sketch. I will be available fo answer any questions that may arise during the review of this Special Use Permit application. Please do not hesitate to call. Thank you for your consideration of this matter. Dex A. Sanders, AIA ATTACHMENT F ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: ALBEMARLE BAPTIST CHURCH APPLICATION TYPE: PRELIMINARY COMMENT ON A SPECIAL USE PERMIT Project.# m ARB-P(S.U'P)-2001.04 Locati.on Northeast.comer of Hydraulic Road and Roslyn Ridge Road Parcel Identification Tax Map 61, Parcel 1E Zoned Rural Areas (RA) and Entrance Corridor (EC) Magisterial District Jack Jouett Proposal Advisory review of a Special Use Permit request for a church in the rural areas ARB Meeting Date November 19, 2001 Staft Contact Margaret Maliszewski PROJECT HISTORY: This site has no ARB history. The parcel has been divided by a VDOT right-of-way for the western bypass. PROJECT DETAILS: The applicant has applied for a Special Use Permit to allow a church in the Rural Areas. The plan that has been submitted is a concept plan intended to show general scale and type of improvements. The church has not yet been' designed. The applicant plans to submit a more detailed site plan after a Special Use Permit is obtained. .~,rALYSIS Context: The site is located at the intersection of Hydraulic Road and Roslyn Ridge Road. The existing site slopes up from the intersection of Hydrauhc and Roslyn Ridge Roads to the north. The site is wooded. This portion of the EC is characterized by a mixture of residential and commercial development. Two churches stand in close proximity to the site, ashort* &stance' to the north. They are the Union Ridge Baptist Church on the east side 'of Hydraulic and the Church of Jesus Christ df Latter-Day Saints on the west side. Visibility: The proposed development will be readily visible from the Hydraulic Road Entrance Corridor. Site Development, Layout, and Grading: The sketch plan shows entrances from both Hydraulic and Roslyn Ridge Roads. The church building is shown in three phases, eventually forming a T- ARB 11/19/2001 Albemarle Baptist Church SUP Review - Page I shaped building. A two-phase parking lot is situated between the building and the EC. The building and parking lot' are not exactly parallel to the EC, but are generally oriented towards it. The parking lot appears to be the focus of the site. Several easements are located on site. Lighting, Sign, Landscaping: No lighting, signs, or landscaping have been proposed at this stage; however, ail of these features could have a significant impact on the site. RECONLMENDATIONS Staff recommends that the ARB forward the following recommendation to the Planning Commission: The Architectural Review Board recommends to the Planning Commission that the ARB has no objection to the proposed use, and in recognition of the conceptual character of the proposal and the expected visual impact of the proposed development on the Entrance Corridor, strongly recommends that conditions of approval imposed by the Planning Commission and/or Board of .Supervisors on the current application should not limit the ARB's abilky to modify at the site plan review stage the character and/or appearance of the various components of the development, including building form, size, scale, placement, orientation, materials, and details, and other characteristics identified in the Albemarle County Design Guidelines, as necessary for creating a development that is appropriate for the County's Entrance Corridors. In addition, staff offers the following comments on the sketch plan: 1. The building should be oriented parallel to the EC. 2. The building should front the EC and the parking lot should be located behind the building to reduce its impact on the EC. 3. The site plan submitted for this project should indicate the existing tree line and specific trees of 6" caliper or =re'eater. Significant trees should be retained. 4. At a minimum, the standard ARB landscaping should be provided at this site. Existing or proposed easements must be coordinated with required landscaping. A landscape plan should be submitted with the preliminary site plan. Pd~B 11/19/2001 Albemarle Baptist Church SUP Review - Page 2 April 25, 2002 COUNTY OF ALBEMARLE Department of Planning & Community DevelQpment 401 McIntire Road. Room 2l 8 Charlottesville, Virginia 22902-4596 /434) 296 - 5823 Fax (434] 972 - 4012 John M Harris 4615 Pelham Road Eadysville VA 22936 RE: ZMA-01-017 Hickory Ridge Equestrian; Tax Map 30, Parcel 39 Dear Mr. Harris: The Albemarle County Planning Commission, at its meeting on April 23, 2002, unanimously. recommended disapproval of the above-noted petition to the Board of Superviso rs. Please note that this approval is subject to the following conditions: Please be advisea that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior toyour scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Principal Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse 04-26-0£ A08:02 RCVD STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS ,ZMA 2001-17 Hickory Ridge Equestrian Joan McDowell April 23, 2002 May 15, 2002 A001icant's Proposal: This is a request for a conditional rezoning of 5.02 acres from Planned Unit Development (PUD) to Rural Area (PA). The rezoning would grant two development dghts to allow for residential development on the property. The site is currently within the Open Space land use of the PUD and contains a home stable. The applicant has proffered the following conditions as part of the request. Future development of the property shall be restricted by the Hickory Ridge Covenants and Bylaws included in the "Statement of Subdivision Hickory Ridge Farm Section One and Section Two" duly recorded in the Albemarle County Deed Book 554, pages 43-56, dated June 10, 1974, and "Amendment to Statement of Subdivision of Section One and Section Two" Hickory Ridge Farm duly recorded in Albemarle County Deed Book 572, pages 97-105, dated Apd122, 1975. The owner shall record said restrictions against the property within thirty days of the date of Board approval of ZMA 01-17, with the Clerk of the Circuit Court of the County of Albemarle. The owner shall provide wdtten evidence to the Director of Planning of the recording within seven days following the recording. The County of Albemarle shall not be responsible for enforcing, any of the aforementioned Covenants and Bylaws. 2, No more than one residential dwelling shall be permitted on the property. The property shall not be further divided. The property, described as Tax Map 30 Parcel 39, is located in the White Hall Magisterial District at 4600 Pelham Road at the southwest comer of Pelham Road and State Route 665. Petition: Request for a conditional rezoning 5.02 acres from Planned Unit Development PUD to Rural Area RA to allow zoning conformity of existing commercial stable and to establish one development right. The property, described as Tax Map 30 Parcel 39 is located in the White Hall Magisterial Distdct at 4600 Pelham Road at the southwest comer of Pelham Road and State Route 665. The Comprehensive Plan designates this property as Rural Area (RA). ZMA 01-17 April 17, 2002 Character of the Area: A mixture of residential dwellings, a nearby equine hospital, open space and agricultural uses characterizes the area. The subject site is at the entrance to an established residential neighborhood and has been operating as a commercial stable. Recommendation: Staff has reviewed the proposal and associated proffers for conformity with the Comprehensive Plan and the Zoning Ordinance and recommends disapproval of the proposed zoning reclassification. Planning and Zoning Histo~: SP-272 Hickory Ridge Planned Unit Development was approved in 1973 under Section 2-7, Planned Communities, within the A-1 District. In 1980, the Board rezoned the entire County in an effort to bring zoning into conformance with the Comprehensive Plan.. Recognizing planned communities that had been created earlier, the development was given an equivalent PUD zoning designation. However, after the 1980 Countywide rezoning, PUD's became nonconforming uses, meaning that substantial changes to previously approved plans would require rezonings to amend the plan. The original plan was approved for 199 units of which 32 were proposed to be "cluster units." 1982 amendment deleted four units (not cluster), thereby reducing the total to 195 units (32 cluster). The plan included 517.14 acres for an overall density of 2.65 acres per unit. Of the total acreage, 187 acres were to be devoted to common open space. A description of the "Facilities for Horseback Riding",,is included. . as Attachment. ,,. B. The subject parcel is the site of what was referred as the Association Stables in the description. In addition, a copy of a marketing brochure found 'in the SP 272 file is attached, for reference (Attachment C). The brochure is included because of its reference to the original intent of the subject property as a twenty-one stall stable. in the mid-1980's, a 193.371 acre portion of the PUD was purchased by the Rivanna Water and Sewer Authority of the Buck's Mountain Reservoir. As the property involved was sold, the lots could not be transferred to other locations on the remaining property, according to the Zoning Administrator. The subject parcel was included in the common open space of the plan. In 1974, a special use permit (SP-422) was approved with the following condition: "Homeowners association would have an option to purchase the barn and stable if desired." According to the applicant, Bruce Lord Browne purchased the property on February 15, 1975, from the Hickory Ridge Homeowners Association. Mr. Browne sold the property to Hickory Ridge Equestrian, Inc. on October 1, 1975. Both Deeds contain the following restriction requinng that the lot owners of Sections One and Two give consent to any change of use on the subject property from bams, rings, jumps, polo fields and other horse related activities. The applicant is aware of this restriction and is pursuing its execution. It should be noted, however, fulfillment this deed restriction is the ZMA 01-17 April 17, 2002 responsibility of the property owners. The property rezoning would be an action independent of the execution of the pdvate deed restriction. The rezoning to Rural Area would not create a conflict with the deed, as the RA Distdct would not preclude that the property couldn't operate as a horse facility for the Hickory Ridge residents. A Rural Area District would, in fact, allow a commercial stable. A commercial riding stable has been operating on the property for 26 years, according to' the applicant. The RA District would allow a commercial stable to Operate as a by-right use. In 1998, in response to an inquiry from Hickory Ridge Equestrian regarding potential subdivision and change of use to residential, the Chief of Zoning Administration stated,. 'This area must remain in some form of common ownership that makes the barns or stables available to use by the Hickory Ridge residents or it will be in violation of zoning." Further, she provided information regarding an application for rezoning the property to Rural Area, as a potential alternative. Specifics on the Proposal' The zonin§ reclassification for 5.02 acres'would allow two development dghts in a Rural Area zoning district. The applicant has proffered that the property would be restricted to one development right. The two existing access points from Pelham Road and from Route 665 would be retained. Although no commitments have been made with this application, the applicant has indicated that the future purchaser may wish to continue use of the stable as a commerci~I venture, in addition to the construction of a single family home on the property. The a?~J cant has submitted minutes of the November 28, 2001, annual meeting of the Hickory Rid ge Farm PUD homeowner's association. The minutes reflect the support of the homeowner's association (Sections One and Two). The applicant has contacted a second homeowner's association for the portion of the PUD that was developed after Sections One and Two. Information regarding their support will be forthcoming, acc, or.ding to the applicant. Applicant's Justification for the Request' The ~",-~ ay .,~,.~.nt has provided a narrative in support of his rezoning, which is included in full as Att~chmen£ D. In summar/, the property was offered to the owners of Hickory Ridge Sections One and Two. Of [he 21 who expressed an interest in purchasing the property, only 3 were willing to prov;de the funds. None of the Hickory Ridge residents has horses housed at the stable belong to Hickory Ridge residents and the current owners, Hickory Ridge Equestrian, desire to divest hem.. ye., of the of the stable property. ZMA 01 -I '? April 17, 2u02 3 As proffered, the rezoning would allow use of a commercial stable as a by-right use under RA zoning, in addition to allowing one reside~ial'dwelling. COmprehensive Plan: The Comprehensive Plan designates this area as Rural Area and within the Farmlands and Forests. designation of the Open Space Plan. According to the Growth Management section of the Plan, agricultural and forestal resources have been identified as the most critical County resources and the desired primary land use in the Rural Area. Further, the loss or, these resources to development is irreversible and irreplaceable. Therefore, development is discouraged in the Rural Area and directed toward Development Areas to facilitate the County's Growth Management Policy. The stable use in an open space land use designation of the PUD implements the goals and objectives of the Comprehensive Plan. The replacement of open space to a zone that would allow a residential use is contrary to the goals of the Comprehensive Plan. Staff Comment: Relat;onship between the application and the _ourl~ose and intent of the requested zoning district: AccOrding to the Zoning Ordinance, the Rural Area would a~rord this property two development rights. The applicant has proffered that only one of these development rights would be exercised with no future subdivisions. As described eadier in this report, SP-272 Hickory Ridge Planned Unit Development was approved in 1973 under Sect;,on 2-7 Planned Communities within the A-1 District. The A-1 designation was eliminated When the County rezoned the property in 1980. However, the Planned Devc'cpment zoning was recognized and was rezoned to a similar PUD zoning district. Any changes in the land use designations with the PUD would require rezoning. The intent or the Rural Area District is to discourage residential development not related to bona fide agricu[tural/forestal use and to encourage residential development to locate in urban areas. The current PUD zoning is inconsistent with the current RA policy. However, with this parti~_.ular five-acre tract of land, the existing use is limited to commercial stable and no resid ?ntlal development. This current condition use of the property is consistent with the inter,, of the Rural Area District. The proposed residential use would not further the Rural Area intent to limit residential development. Pub!;c need and justification for the change: There is no public need or justification for th ~ prcposed rezoning. Ant'~:~ated impact on public facilities.and services: One additional dwelling would add ap.orox;,mately 10 vehicle trips per day and would cause minimal school impact. Anti?"p~,ted impact on natural, cultural, and historic resources: There are no iden, :~d s:,gnificant resources at this site. ZMA01-17 April 17. 2002 4 Sum,nary: Staff has identified the following factors, which are favorable to this rezoning request: 1. The proposed development would be consistent with the development within Hickory Ridge Farm. 2. The restriction that would prevent further subdivision of the property would minimize the impact of an additional residential use. Staff has identified the following factors, which are unfavorable to this .request: 1. The existing stable and open space designation is consistent with the intent of the Hickory Ridge Farm Planned Unit Development. 2. The inclusion of a residential use does not further the goals and objectives of the Comprehensive Plan. Recommended Action: Basod on the strict adherence to the intent of the Growth Management Policy and the intent of the Rural Area District, this request is inconsistent with the Com;rehensive Plan. Therefore, staff recommends that ZMA 01-17 be disa,oproved, It should be noted that the impact of this proposal is limited based on the proffers offered by the applicant and would be consistent with the current pattern of deve',o~:ment created by this Planned Unit Development. Should the Commission determine that ZMA 01-17 should be recommended for appr~'val to the Board of Supervisors, staff recommends that the following proffers be ~_ .cegted: F~;ture development of the property shall be restricted by the Hickory Ridge Covenants and Bylaws included in the "Statement of Subdivision Hickory Ridge Farm S~'ction One and Section Two" duly recorded in the Albemarle County Deed Book 53-;, pages 43-58, dated June 10, 1974, and "Amendment to Statement of Subdivision of Section One and Section Two" Hickory Ridge Farm duly recorded in ,~" 'emarle County Deed Book 572, pages 97-105, dated April 22, 1975: The owner .,-, a!l record said restrictions against the property within thirty days of the date of E' ca rd approval of ZMA 01-17, with the Clerk of the Circuit Court of the County of F: bema de. The owner shall provide wdtten evidence to the Director of Planning of t? e recording within seven days following the recording. The County of Albemarle s- al not be responsible for enforcing any of the aforementioned Covenants and E y~.'.vs. 2, h!o more than one residential dwelling shall be permitted on the property. The F -o.Dorty shall not be further divided. ZMA 0 ! -'. April 1% 2002 5 ATTACHMENTS: Attachment A Attachment B Attachment C Attachment D Attach ment E Attachment F Attachment G Attachment H ZMA 01-17 application Hickory Ridge Farm Ltd., Facilities for Horseback Riding SP-272 File (not dated) Hickory Ridge, Ltd. Brochure Application Justification Narrative (ZMA 01-17) Location Map (Tax Map) History of Hickory Ridge PUD (From SP-422 File) Hickory Ridge Farm Statement of Subdivision of Section One and Section Two, Recorded on June 10, 1974 Hickory Ridge Farm Amendment to Statement of Subdivision of Section One and Section Two, Recorded April 22, 1975 ZMA 01-I? April 17, 2002 d ~ of Albemarle .:. Dep_._~tment of B~ Code an, OFFICE USE ONLY Date Application for Zoning Map Amendment Project Name (howshouid werefer to this application9)~--~iCkOry Ridge Equestr±an *Existing Zoning _PUD (*staffwili assist you with this item) Proposed Zoning Rural Area wi th Two Number of acres to be rezoned (if a portion it must be delineated on plat) .5.02 Development Rights l is this an amendment to an existing Planned Districto A~rteh!;;;ua~endment to e. xisting proffers? ' ... RYes c~No y omitting a preliminarY site development plan with this application9 ~ Yes ~ No I Are you,submitting a preliminary subdivision plat with this application9 . o Yes ~ No · c~ Yes .~ No /Are you proffering a plan with this aPplication? c~ Yes ~ No Contact Person (who should we call/write concerning this project?): ,lohI1 M. Hart i s ATTACHMENT A Address..4615 Pelham Road City Ea~tysvilte State VA Zip22936 [DaytimePhone(.434 ) 977-7468 Fax#. 434-977-7469 E-mail ~ol. &om v '. /Adres d s 4615 Pelham Road CityEarlysville, State VA Zip 22936 ~Daytimeehone( 434 )977-7468 Fax#4_~/,-q77-746q E-mail~ .~- = . ' .1.~ IApplicant c~o i, ~ con,,,t p~=on ~p~e.U,g: Who is requesting the re-zoning?): Jo h n Address, 4615 Pelham Road M. Warr~.q 'l City...Earlysville State .VA Zip22936 _aytime Phone (43&._) 977-7468 Tax map and parcel ._. 30 P~rcel 39 Fax #434-Qv7_7/,fQ E-mail _. ,:. ?, v [ lPhysical Address (if assigned) ~ , ~ Location of property (landmarks, intersections, or other) /Does the owner of this ro err own or · ~ ~ -- ..... map and parcel numbe}sp ~P~ y ( have any ownersNp ~nterest m) any abutting property? If yes, please list those tax OFFICE USE ONLY -- Fee amount $ Date Paid Check # - Receipt # By: (Under 50 Acres = $815 50 acres or more = $!.255 Minor amendment to previous request = $175) History: pt Special Use Permits: ~e.f~[jD~ ~ ZMAs and Proffers: '7 $' ' ~10 pt Variances: pt Letter of Authorization 7 t{. t~3,~' Concurrent review of Site Development Plan9 ~ . rq Yes pt No 401 Mclntire Road -:o Charlottesville, VA 22902 .:-. Voice: 296-5832 -:o Fax: 972-4126 '7 Section I5.1- 490 of the Code of Virginia states that, "Zonin~ ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of the property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the county or municipality." These are the items which will be reviewed by the staff in their analysis of your request. Please provide any additional information you feel is necessary to assist the County in its review of your request. If you need assistance filing out these items, staff is available. What is the Comprehensive Plan designation for this property? StaBEL Area Whatpublicneed orbenefitdoesthisrezoningserve? The proper~y was purchased on February 15, 1975 from-The Hickory Ridge Homeowners Association Dy Bruce Lord Brown withour zoning chang 569 a e 606. Bruce Brow~ry Ridg-e Equestr[ia~, In Deedon book P g e~n operated on the property for zo years. Ownershl'p of Hickory Ridge Equestrian has changed several timeS.e current owner are residents of Hickory Ridge Section l&2. Ownership was offered t9 all (continued) Arepublicwater, sewer, androadsavailablet°servethissite?Willthe~beanyimpact°nthese~¢ilities' Private w . . . ' ' ble. Entrances exist from SR 665 and Pelham Road. . -- Whatimpactwilltherebeon ~eCoun~'snmural, scenic, andhistoricresources? None OPTIONAL: Do you have plans to develop the property if the rezoning is'approved? If so, please describe: L~imited to twa residential lots restricted to the covenants and bylaws of__Hickory Ridge Section l&2. If you would like to proffer any restrictions on the development of the property,, please list these proffers on the following optional attachment entitled, "PROFFER FORM". Proffers are ~ offers to use property in a more restrictive way than the overall zoning district classification would allow. By State Code, proffers must have a reasonable relationship to the rezoning and are not mandatory. The rezoning must g~ve rise to the need for the proffers; the proffers must be related to the physical development or.physical operation of the property; and the proffers must be in conformity with the Comprehensive Plan. Describe your request in detail including why you are requesting this particular zoning district? Rezone the 5.02 Stable Area to Rural Area with two subdivision rights to allow legal operation of the stable and provide for future development restricted to the same standards as Hickory Ridge Section 1 & 2. ATTACHMENTS REQUIRED. Provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. 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. Note: If you am requesting a rezoning for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. 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 ora 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. OPTI6NAL ATTACHMENTS: Drawings or conceptual plans, if any. Proffer Form signed by the owner(s). Additional Information, if any. 3. 4. 5. 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 is true and accurate to the best of m~~ ~...__~Si~ture Date 1~/'/V/2Z~O/ ~'- John M. Harris ¢g¢- '77.7 David L. Edwards Printed Name Daytime phone number of Signatory Presideht Hickory President, Hickory Ridge " ~ Equestrian, Inc Ridge Owners Associatic What public need or benefit does this rezoning serve? (Continued and restated in full) The property' was purchased on February. 15.1975 from The Hickory. Ridge Homeowners association by Bruce Lord Browne without zoning changes, Deed Book 569 Page 606. Bruce Browne sold the property to Hickory Ridge Equestriam Inc. on October 1. 1975 again without zoning changes. A commercial riding stable has been operated on the property for 26 3,ears. Ownership of Hickory Ridge Equestrian, Inc. has changed several times. The current owners purchased the corporate stock in Jtme 1995, The current owners are residmus of Hickory Ridge Section One & Two. Ownership was offered to all lot owners of Section One & Two of Hickory Ridge: 21 expressed interest, but after several meetings only three were willing to provide the funds to purchase the property. Throughout the years.the stable has been leased to several different operators as a commercial operation. Horses housed at the stable do not belong to the residents of Hickory Ridge Section i&2. Due to many considerations the current stockholders desire to divest themselves of the stable property and desire t~ limi! future development to the standards, covenants, and bylaws that apply to Hickory Ridge Section l&2. Rezoning of the property will allow legal operation of the stable. According to Albemarle Count' Zoning Administration usage of the stable is in conflict with the zoning. Additionally two residential development rights restricted to the covenants and bylaws x~411 assure future development that is compatible and acceptable to Hickory Ridge Section l&2. A meeting of the Homeowners Association of Hickory Ridge Section l&2 was held on November 28, 2001. A unanimous vote agreed to allow the zoning change, and to have the president of the association cosign this application. W I.~ N E S S E T H z ~t for ~d ~n c~side~lon of ~e s~ of ~e fLrst ~rt here~'Gr~t, narga~n and Sell a~ ~e second ~rt, al~ ~2 ce~ain tra~ or f~t~q on S~ate ~ute 665 ~ A~e= .rle Co~ty, Vl~a ~lysvllle C~tain~g' 5,~0 acres; more or ~r 20,' 1.974' reco~ in the Clerk's OffLce ~ing ~e same p~y C~v~ tO d~ of HiC~ Ridge Ltd. dated . ebr~ 12. 1975 ~is convince ~S m~o s~je~ to a ~ ~... set fo~ ~ the aforesaid de~ ~t~ H~c~ ~e. Ltd.'to B=, ~ ~r~e '~'~~ ~ ~e ireland ~ of F~ ~,'1~ purchase the p=operty he~et~' conveyed fmr a period of~ (20) ~ears ~r~ ~e ~e o~ sa~ d~ ~de~ ~e~ WrY5 ~e ~o~g s~a~es and ~ruce_ ~ B~e STATE OF VI~XHZA coUNTY OF A~B~RLE, ~o-~it: T~e for~g ~e~ da~ OC~O~r 1, lgTS was 1975. B~e ~s ~ day of IN T1~ CLEF. K'S OFFICE OF ALBEMARI,E CIRCUIT COURT, Th~a deed was presented to me tn said o£f£~ and i ~ ~ted ~o ~.~o~ a~ /~.'~0 Tills DEED made this i2th day ~.f Feb,.tat · 1975. by end ii LTD., a Virgil:ia corpc :~t~ .~, ~,ar~y of ~en HICK~k~ 4{ the first par~, BR~CE ~RD BRO~4~. part,. par:,  ASS~'IATIO~, ;,arty cf ~he ~h~rd part. and HICFORY RIDGE O~ERS i' That for and~:"~ con:.Jder,tcton .,.. :,',t :~u. (:'~ $14,000.00 cash ~n hand p,~td, r~.i:t:~[,t o~ wh~.h ~:~ h~:rc'b,/ eel Of [and fronting on ~;t~te ~out~ 665 ir: Alt,croatia County, g~ia, near Earlysville, contain~tg 5.020 acre~, mor(~ or lesS, ': designated as "Stable Ar~'a" as shown on plat of [{. O. Snow and Asmociates, dated December 20, J974, recorded herewith and .. a part hereof bein~ 4 portion of the pro~rty wh= 'h ~as [o aaJ. d party of the first part by deed of brucu Lord ~ Kat~rine Andrews Browne, dated J'cbruary 12, 197;, rucorded the Clerk'~ Off[ce of the Circus= Court o~ Albemarle Co.n/y, ginia, in Deed Book 545, page 515 and by deed Of correction Nove~er 4, 1974. recorded in sale Cl(.rk's ~fftc~ ~n Deed 567, page 28. As part of the consideration for this conveyaa~ ~r~y of the second p,arc covenants and agrees as a 22fOr any purp°se excep~ barn'' rin~', ~ In consideration of the ~ of $~.00 cash In ~ second part hereby (;tints and Gives unto ¢'.he party o~ tile third part the vption *.o pu~'cha.~e for a period of twenty (20] years the prope~t.y above described at a price to ~e datelined by three (3) iualiiied real ~state appraisers duly licensed in the State of virginia, one to bu selei~ted by the party of the second part, one I,y the party-cf the third part and the third by the two Eo selected, the cost of such appraisal to be ~rne equally by the par:~es Gf the second and third part, Sllch. price shall be paid in cash wi=nih thirty (30] days after exercise of said option unless the par~y of thc second part agrees to take a portion of said purchase prxc,' ~u cash and the remainder in deferred Furuhase money bonds, payable at such times and bearing such intcr,~st rate~ as said party of the s~cond part ~y elect. IN WITNE~5 WlIEFEOF l!ickory Ridge Ltd. has caused this deed ~o be executed on its I,ehalf by Bruce L. Browne, its Presi- dent, and its seal to bu hereto affixed at=ested by its Secre- tary, agents h~reunto duly authorized, and Bruce Lord Browne has signed and sealed this deed individually the day and year first a~ve ~itten. IIICKORY, RI~E LTD. ~rosidont STATE OF FI~ORIDA I COUNTY OF~ ~ to-wit= The foregoing deed dated February 12, Ltd., and Bruce ~rd Browne individually this ,-~ ~. · . The annual meeting of the Hickory Ridge Farm Owners Association was held on Wednesday, Nov. 28, 2001 at the home of John and Martha Harris. Those attending were: Hans and Karin Braun, Hantley and Doris Bruscoe, Murphy Moss and Mary Ann Coffey, David and Janice Edwards, John and Martha Harris, Betty Ketron, Phyllis Laviano, Mafia Miller, Ralph Ross, Charles and Yvonne Seibert, Larry Simpson and Diane Strait. Association President David Edwards opened the meeting stating that if there were no objections he would continue to serve as President, Phyllis Laviano would continue as Secretary and Russ Strait would continue as Secretary for the coming year. No objections were made. A letter from Eliza O'Connell was read, suggesting that Dan O'Connell be nan~ed a member of our three-person Architectural Review Board to fill the vacancy created when Howard Curtain left. This suggestion was accepted by the membership. Other members are Larry Simpson and Phyllis Laviano. David reported on the cost of the recent road resurfacing. There were unexpected economies, so that the assessment of $125 per lot more than covered the cost of the brown river gravel. In addition to the monetary savings there are approximately ten to twelve tons of our stones left at the VDOT facility near Free Union. John Harris and Hantley Bruscoe thimk that this gravel may be brou~oJat over and stored on the stable property for future use on Hickory Ridge Association roads. For the edification of home owners it was mentioned that the paving was done for VDOT by Pa3a~e Paving and the gravel supplied by Koffey Trucking at 540-337-1174. In the absence of Treasurer Russell Strait, the Treasurers report was given by Diane Strait. Beginning balance was $2,374.28 ending balance was $3,741.35. The unspent pat of the road paving fund was $937.48. Nineteen homeowners paid, Easter and Veach did not. A discussion ensued as to the use of the road assessment surplus. Options include reducing this year's dues or holding the excess in order to help defray the paving charges next time paving is due. Betty Ketron moved that our road assessment surplus remain in the treasury and there be no reduction in dues at this time. This motion was carried. Discussion took place regarding maintenance of the front entrance plantings. Our Landscape Committee consists of Janice Edwards, Maria Miller and Murphy Moss. They have made many inquiries as to hiring people for maintenance and have concluded that it will be necessary to budget $1,500 for up keep this coming year. The suggestion was put in the form of a motion by Hantley and passed. Much time was given to discussion of our community TV antenna system. It was deCid ed to keep the antenna system operating at the approximate cost of $300 to $500 per year for the time being. However, Larry Simpson will investigate the possibility of our twenty homes getting individual attic antennae for a good group rate and giving each homeowner a $100 rebate from our treasury. Individual antennae would make the community antenna system unnecessary. A history of the Hickory Ridge stable was given by John Harris. At this time the stable is owned by the Harrises, the Bruscoes and the Seiberts. Because of the fact that the current renters are not owners of homes in Hickory Ridge, the rental is not a legal one, though the zoning board is "looking the other way". The owners would like to have zoning changed to allow either legal rental or two residential lots. Membership voted to have David Edwards, as President, support the rezoning application. Ralph Ross. had questions about our many power outages. David said that he would contact CVEC to see if anything could be done to correct this situation. Betty Ketron suggested that we have a block party. Martha Harris and Mary Ann Coffey offered to serve on a party committee. Motion to have the party was made and passed. Motion to adjourn was made and carried. Respectfully submitted, Phyllis Lavianio OF A LIg .A]4 Plannlng Department ~1 ! EAST' HIGH CHARLOTTESVILLE, VIRGINIA 229Ol December 12, 1974 Board of Supervisors Action s .- 22 Mr.. Bruce L. Browne Longwo~d:Farm Earlysv~lle, Va. A. RUTI-I MILLER MARY JOY SCALA SENIOR PLANNER .Dear Mr. Brown~: This is to inform you that on December 11,. 1974 during the reg.ular meeting of the Albemarle County Board of Supervisors, your applicattoH for SP-422 was · a~proved with the.folloiwng conditions: 1. Home Owners Association will have option to.purchase barn and stable if desired. 2. New street to be constructed in accordance with State specifications for acceptance'into State secondary system. 3. Horseback trail remain within, riqht-of-way of proposed new street. 4.. Final approval of changes in Home Owner~ restrictions by County AttOrney's office. Office of Planning and Zoning ~y Jane Carter ATTACHMENT B Hickory Ridge Farm, Limited Facilities for Horseback Riding The open area a.t. Hickory o- - -ldge is devoted largely t.o facil'-Ivies fo~ the enjoyment of horse activities _ by begin- ners, the inexperienced, and the experienced, the young and their elders. ' The backbone 6f these facilities is a system of extensive riding trails[,, starting and ending at the stabqes - , throu~__~h and along the edge of wooded areas and pasture la:ads. 2here are short, medium and. long circu-',ts, the imaue!y !~ miles. ~he trails have appro~r_ obstacles, for those who may want toSeVeral, school,,by-passeswhile riding with the . lnere are also several small shaded rest areas ~ · off the trail ~'~' hi ...... ~ ~ ~o a~d 3s~hes. Centrally !ooated is a Oi ~ hitching pos~s a~d hay for in a relatively e~+ is a paddook polo field (!00 ~ards by small '~ - ~-~ones, a~d hz.mire/ fo~ _ e==, and a two mile - 2 - The stables (two initially,__ four ~=~a~y)~:~ -- "~?~!! be sub- ~tantial!y built functio~a~ and airy. .... ~ach u:ai~ houses 24 h ~ ~ o~ses and co~tains a tack room a~d a ~' ~- ~in and tool room. Small paamocms are adjacent to the stables. There are also areas for Dark~ng cars and a .... ' = ~ ~ area for horse vans. About 80 acres are -~ ~,- a~a=_~o~e for Ail horses must be stabled in the Association none may be kept on private land A~an eme~ will be an e:coerienced pei-sota izt residencs~ sne~. mana-e e-~ ~ vanced ~!ders :.,~ :~ be available ~= neede~ cars of horses and ecuioment s~- -) 4 ATTACHMENT C NG I~NS HICKORY RIDGE ?: ) ATTACHMENT C Nestled in the foothills of the Blue Ridge Mountains, Hickory Ridge's 517 acres include forest, rolling meadows, mountain streams, scemc beauty and abundant wildlife. Yet, it is only ten miles northwest of Mr. Jefferson's Uni- versity of Virginia in Cl~arlottesville. Protection of this en- vironment has been a primary concern of the developer. Therefore, all lots and homes are bordered by land set aside for 'common open space'. This 'common open space' con- sists of pasture land, miles of wooded walking and riding trails, and two bold streams. These two streams are Buck Mountain Creek, which forms the north and west boundaries, and Elk Run, which bisects Hickory Ridge. On this land, the habitat of the local deer, turkey, dove, quail, hawks, and songbirds will not only be preserved, but will be maintained as a sanctuary for them, encouraging new species to join those already in existance. For the enjoyment of those who love horses and riding in its many phases, there are professionally run horse facilities including a twenty-one stall stable, various pad- docks, several riding rings, including one for dressage, a polo field, an outside jumping course, and miles of wooded there is and open riding trails. In addition the? convenience of fox hunting with the nearby Farmington Hunt Club and the many local horse shows held year round. mg t~3 ~,,-est materials and craftsmanship to ere.re'-' a, henbc 18th Century homes with the convenience and easy main[enance of 20th Century living. The collage on the right depicts several examples of our concern for fine detail of workmanship and materials: handmade over- sized brick, hand split cedar shakes, hand- made light fixtures, solid brass hardware, random width pine flooring, 9 ft. ceilings, all electric, telephone and T.V. lines under- ground. Several homes designed by restoration Architects Grigg, Wcod, & Browne and built by 'Hickory Ridge Builders, Ltd. are avail- able. Aisc available are some selected build- ing sites of 1 to lZ/2 acres all bordering on the 'common open space'. HORSE ' :.: L '2.2 ATTACHMENT D It;hat public need or benefit does this rezoning sero,e? (Continued and restated in full) The property was purchased on FebmaD' 15. 1975 from The Hicko~ Ridge Homeowners association bv Brace Lord Browne without zoning clmnges, Deed Book 569 Page 606. Bruce Browne sold the property to Hickory Ridge Equestrian. Inc. on October 1. 1975 again without zoning changes. A commercial riding stable lias been operated on the property, for 26 years. Ownership of Hickory Ridge Equestrian. Inc. has changed several times. The current owners purchased the corporate stock in Jm~e 1995, The current owners are residems of HickoD' Ridge Section One & Two. Oavnership was offered to all lot owners of Section O~e & Two of Hickou Ridge: 21 expressed imerest, but after several meetings only tlu:ee were x~511ing to pro~Sde the funds to purchase the property.. Tlxrou~mut the years the stable has been leased to several different operators as a commercial operation. Horses housed at the stable do not belong to the residents of Hickory Ridge Section i&2. Due to many considerations the current stockholders desire to divest themselves of the stable property and desire to limit future development to the standards, covenants, and ~'laws tlmt apply to Hickors.' Ridge SeCtion l&2. Rezoning of the properts.~ will allow legal operation of the stable. According to Albemarle Comity Zoning Administration usage of the stable is in conflict with the zoning. Additionally two residential development rights restricted to the covenants and bylaws will assure furore development that is compatible and acceptable to Hicko%, Ridge Section l&2. A meeting of the Homeox~a~ers Association ofHicko .ry Ridge Section l&2 was held on November 28, 2001. A unanimous vote agreed to allow the zoning change, and to have the presidem of the association cosign tlfis application. 23 29 2.5 · / 23 WHITE. HALL, JACK JOUETT AND RIO DISTRICTS SECTIOt'-'. 30 I · ' 19A2.- · ., 350 ATTACHMENT F HISTORY OF HICKORY RIDGE PUD: August 22, 1973 - The Board of Supervisors approved SP-272, Hickory Ridge Ltd. PUD subject to the following conditions: !) County Attorney approval and recordation of declaration of convenants and restrictions at the time of.sub,itt.al, by-laws of homeowners association, articles of incorporate; 2) Business area approved as follows: a) To be commenusrate with ideas of PUD b) To be limited to five acres, and c) Final site plan review; 3) Percolation correlated with soil analysis o~ site; 4) If lake is constructed, that it be done with approval and review of soil conservation service; 5) Roads are to be constructed in accordance with State Highway specifications so that they may be accepted into the State secondary system; 6) .That all lots not suitable for septic tanks and fields be able to use the open soace and that they cannot be unreasonably denied the use of this area; 7) That water is to come back under a separate per, mit. The Hickory Ridge ~UD was a proposal to locate 167 lots 32 .lusoer units and 5 acres of co~ercia! area on a 517 acre tract. February ~, 1974 - The Planning Commission approved the Hickory Ridge Section ! and 2 Final Plats. This was a proposal to divide 15.6 acres into ~ lots with 23.775 acres in common open space and to divide, in Section Two, !! 9 acres into i0 lots amah 8 ~ · .~ acres in open s~ace. The conditions of approval were: !) Staff approval of the "Declaration of covenants and restrictions" in cooperation with County Attorney. 2) Back-up locations for the septic fields serving the 6 lot cluster to be legally identified and made part of final plat. December !!. 1974 - The Board of Supervisors approved a request, SP-422 Brown, Bruce L., to amend the Hickory Ridge PUD. Specifically: i) The applicant wished to retain ownershi~ of barn and horse stable area (h.61 acres) rather than deed it to homeowners' association; 2) Change proposed in 50' right-of-way. The total requested amend- ments decreased the common open space by 5.069 acres or for a total area of 174.2 acres. September I0, 1975 - The Board of Saoervisors a~orcved a request, SP~506 H_~ckor'y Ridge Ltd, to locate a aenvral well ~o serve six dwelling units in Section !. The conditions of approval were: 1) Health Department approval; 2) County Engineer approval of water lines and locations; 3) Public Service Corporation filed with State Corporation Commission. January i!, 1976 - Applicant withdrew S?-76-96. This was a request to divide 2 lots into-4 lots. At that time, several questions were raised about the original PUD plan and staff requested clarification of $?-272. January 12, 1982 - The Planning Commission approved a request to add 5.5~ acres To t~e common open space, Hickory Ridge Open Space Addition. This acreage was originally planned for 4 lots now the total number of lots allowed in ?UD should now be reduced by 4. ATTACHMENT G I. PLAT There is att subdivision plat of R. O. Snow and Associa This plat is.recorded reference to the sever Uiekory Ridge Farm and~th .~ ~.~Ii54 ,~'- 43 I[I~KORY RID~R FARM SECTION ONE TWO to this Statement of SubdiviaionNthe Section Two One~ Ilickory Ridge Farm prepared b~ C.L.S.0 dated'December 3, 1974 the purpose of identifying and making ets and open spaces ill Section One of restrictions hereinafter set frrth shall apply only to th~ nd shown on said plat. 1. One lot thcr~n On tile plat of Uickory Ridge Farm shall be the mini~m'!'buildingn area upon which a single ~amily residence may bI e~nstrueted. Garages may at t,a~hed to or detached from th~~ rtaidenee but may not h~vo entrances un~ ss'~ap~rov~a h ~i~ .... otao,~ facing the street ~..;, . ~ . _. 2. The prem[~se~ shall not be used or ocrupied by other than a single family a~d .fami ]Y servants and shall not he used for other tha~ resideff~ia] use. 3. No pro~ty~ner will do or permit to be done any act u~n his proarty ~hf~h may be or ~s or may become ~ nuisance to other prO~rty an4a ~}r residents. - 4. No sign ~f~ny character shall ho displayed or pla~a u~n any part o~ e[~e pro~rty oxcept a aiqn bearing the na~ Of the ~ner, siX~ ~'~ x 20".. 5. Clothes ~i~a or ~ryin,7 yards shall ~ ao locate8 aa not to ~ visible E~the street se~tnn the premises or fr~ the c~n 6. ~arbage ~nd r~bish re~ptacles shall plete confo~ity ~ith eantta~ regulations an~ shall not .! 'division the prepared by ;1974 and making 'riga One of set forth y Ridge sinqle attached Ltd. pied by other ot be used , be done any .~e a nuisance ,layed or ~aring the .~ so located ~miseB or be in eom- not be ~554 ~ 44 pose. Ail dog~ must owners' premises and by barking or other common open space: visibl~ from the etr~etgor open spaces. · ?. NO anl~a~:~', birds or ,o~l shall be kept or math- rained on any of the~]OiS except dogs, eats and pet ~t: de ~hAeh ~y be k~t ther~n ~n ?ea~onable nu~era aa pets fo:' the pleasure and use of the but not for any ~o~ercial uae or put- kept on a leash when they are outside the not become a ~uiaance to other residents Roraea and pon[es may be used on the ~ 8. The ol n'ilpaces are to be used for walking and horse related activitie~ O~lexcept as hereinafter ~rovided. ~. .o ~"l~,~s or ha~itable.tor vehicle, o~ except within an eh6 o d garage. No trucks of any nature shall be parked overnight ~n ~ny lot except in an enclosed garage. boats on or off traL~e~ may be parked on any ~rt of the property except in an enclose~ garage. No finals of any nature may be discharged on Ilickory Ridge tarts, will be no hunting of any kind except skeet shooting in that part of the fox hunting and spaces desi, approved by the or docks shall he per~itted on lake. si size and type of mail box must be . Review Board. .~otorbikee or snO~mobtles ~aay be used on the spaces.~  ~. ~rical service and :elephone 1 tnes on the pro~rty s~ha~ ~ placed un~rground. ~less a prtor ~aiver. ~n wrfting~ o~ ~unt of ~sical l~raetteability is gi~n'~ ~e RrchtteeturaX Revi~ ~rd. 1~.~I~ s~l~ or resale of lots.~lll be ha~ed by .~ All anteq~hi must be of th~ conceal o d type ~na~lled:lneide attic pa~e. ~ NO' r~sld nel on any lot shall bo ~,ullt for si)ecu- la Civ~ purposes. ~ . ~here ia. te~eby reserved to th,~ IIt,'k,~ry ~ner, Asaociabion, fo~ t~e mutual' benefit of ,~I1 and SeCtiOn ~o ~ners in Section One/;{lli~kory Ridge Farm, a p,,rman,.nt ~eroa~ the rear and bo~ ~t~es o~ each n~b~r~d lot sho~n o~ tho tereof, for carry,'nql;of utilitt.s or ~eweraqe and for ne~aaary maintenance ~ f ~uch facllikies. Ther,- la also re~erved for the mutual ~nefit~ ofJ~al] propnrty owners in Section One/of Ilickory Ridge ~a~ c~r] e[~ dry, inmos easements as nhown on tho plat hereto attached. [~ ~atsr. owner ar,y on tho Surf,race ?Jo I~t plat horeto attached a~a[] int~rf~r~ ~ith th{. n~t.~r.~{ drain{~q~. pro~rky ah~n on aat~{{~pl~at. ~ Mo lot au~,~, on amid pla~. ~hal{ b~ further sub- divided or used as a , for access to any property lyinq and ~ection ~o outside Section Oneg tlickory Ridqe Farm, ~lthout the ~ritten ~t of Hi~' Rt~ LM. havinq ~,n first obtained and re~rded In lithe same Clerk's Office as ~ould be recorded deeds lot.  ~. lots. All ~aimproved Iota sh~n on the plat hereto attac~d be kept free of brush, trash and other fo~a of debri~;~ the e~nt any such untutored lot shall not be-so kept ~;~e~:, lli~ e~ ~. may re,ye such trash and debris from amid ~t ~ assess the c~t thereof to the o~ner of said lot. -3- ~n t he o! he. r 1ylnq ir~o )een ~r~t lid be )ldn on · .r&lh ~nd .~d l~.t 3 the nux~0x.o ~c~.s, CON~RAC?OR RND LANDSCA1)E :,AN~ ~ - ' ~-~IL ~radlnq ptan and toeatton o~ such rovement, strUCtUre, =~,e~: . imp ' '~ ? - - ", ..... d consisting Of .... roved by the Ar~ilectUral ]{evxe~ ~*' ' , to ano ~ ~ :[ architect or 1l[cko~ RLd~e Ltd., or it~- spccesSOrS ~nd an .... ~ted ~Y ~;LckorY R~dqe ~td., sv~ ~r~l~ t.;a. f~ of ~t ~a ~ $~ ~ ..... s~ be approved by the ~'"- 2. The Build[~q ~ontrac, ...... . ' t;~:-~1 b~ldinq ~ontract°rs ~ust ~e ' ite~tural ~evie~ Boar~- l'"' lrch ~ ~ ,- ..... d to build tn the ~oont~ of it cust~ home butl~ri., x,-~ qual Y · ' ~ ll~ I ~'ans Are tO be drawn and stamped by Albemarle, ~irgtnia. A~P~ - -~-e~tural Review architect to '~ ~ubmitted t0 the Ar:n~ - registered 3. .hen the ~on~tructi°n of any DUlr,,~-g , o - '-~-'~-rasecuted diligently and must be e m begun, ~ork thereon must~e~f · pletl . " -, shrub or tre~ 4. NO land clearing, fil~lng, qraaxnq, r~moVal or p~untnq or an~ ~an~capinq o~ oth,=~ work sha~ b~ until detailed plans fo~~the landscaping O~ any lot upon which ~ ~, to the such ~ork is preSSed ti ':b~ done shall have been sub~itted ~rchitectural Revie~ ~= .d~and ~ritten a~roval of such a been r~ceived fr~ said ~oard. landScapin9 ~ork shall lv~ ~ ~ay r~uire a ~lni~m e~enditure for ~rchttectural ReVte~ B°i r , e~'ttmat~ construction ~st and lot value landscaping of 54 of .-~-ectural' Revi~ Board. as determined by said ~ ~02'- e '~ .... ~ons o~ the land s~ll 5. No chang ti ~n the made unleSS approvedb~ t~,~ Archi~ec~uraI ~vi~ Board. . 6. If no II iI~; lotion vith relict to t~ breach these ~veflantl shall ~ ~en ~en~ a~ no notice of ~ re~rded withi~ si~Y days ifte~ cc~letlon of lU~ -4- provement, struc lure., alteration or addition, it shall bo conclu- sively presumed that thor,- ~a~i: been full compliance wi tit tho. above provisions numbered ! to 50~ir~cluslve. Ilickory ~[dqe ~r: Association {herein called the 'Association") ~s a non-sea~k~ non-profit m~mhorshtp corporaLlon organized for the purpose, nm~ nq other thinqs, of tnt~.rprettnq, app]ytnq, a~tnis~er[n~l am ~1 foreinq the eovcnnnt-s and reutric- fleas hereinbefore eontain~ ~. The Articles of ~c rporntJon of the Association provide in part that ~ny person, fi rnt~ assoe~ntion or corporation ~hich shall hereafter aequtre by~u~ehaso, or otherwise any' r~sidontial buildinq lot or lots, nra((? b~neficial int~rost in ~nl~?l lot or lots in Section One or R~c~in~ ~o of Iliekory Ridq~ farm aut~atically become a member}of the Association. The Association ~1~,1~1 be responsiblo for tho maintenance Of all opon spaces ah~n on s~{d plat, inclt~dinq tho matntonance of fencinq and trails alon'~ said o~n Bp,leO9 and the paymont of changed by the Board of D ~e~Lors of the Association, in order to proviHo funds for the for, ~oi q purposes, there shall ho a maximum annual a~ea~nt aqatnst~a~ lot zho~n on said plRt of $3OO pay- able on ~he 15~h day of 3~ u~r~ In oath year, ~he addition, has the ~er t~ I y special a,suazments a~jainnt oath lot should such assessm~n i)~comn necessary to ~arry out t.h~ approved by vote of a maj~i~y of the lots sh--n on said pint If an~t ~e~ d~,mires to keep, ~int~in and use horses onion .pa~th~ Association shall also provide such pOlO Ziolds and other ~e related activities at . monthly aasesa- ~ · · '. t da of each meat of $125 per hor~ pe~ month, payable on the f . s Y /~ ........ ~u ~e~s duri~ ~ p~iod o, his ,~,~lp the lots/sho~n on said ~ny assessl~'~ from the due date ~h .~orae o~nera by a vote ota majority of ip~}t!t, the o~nera of which maintain horses; ~t~iwhich are not paid within thirty (30) the AssOciation may br ltgated to pay the provided for against reasonable attorney's There shall to s~cure the payment fortY, t such lien shal! delinquency at the max .mt{~ rate of interest provided by law.and ~ngl an action at law against the owner ob- ~a~!~nt or foreclose the lien hereinafter t !i ......... erest- costs and ae ~ner's proper~¥ a.u *,,- · !e~a shal! be a~e~ to t~e amount of the e~ continuing lien u~n each of the lots ,f ny of the assessments herein provided a~[all times ~ subject to any girat or second mortgages or deeds, of t~at plac~ on the property at any ~ :~ .... en -aid within thirty (30) days, time. If any assessment a no, ice of such ~esc~ib~d by tb~ Dl~t~~ ma~ ~ r~d~d In th~ Cl~k's Office of the Circuit Court O~ A~b~arle County and from the tl~ of such re~rdatiOn such deli~ue~t assess~nt In ~he ~unt stated In the ~otice shall be~ or d~ds o~ trust rec~d~ subsequent to, the date of such ~otiee. ~e purchas~ ~ a~ro~ r~iden~ ~n.~aid p~rty the closing date of t~ ~,tract. If for any rea~-, the ~r- chaser a~ld ~t ~n~ ~notrue ~ton within said ~ years i~- - %,,' be agrees to sell the propert {]0} days w~itten notice at pl~ t~xes nnd interest, The prime rate prevailing at time VI, APPURTENANCES: There is reserved lots shown on said plat and a rereived tho prier written right to use the open spaces reserved for said lot owns, rs easements for such sewer ar may be neeessary for the easements to be ]ocated.und~ together with right of inqre Hickory Ridge, Ltd. upon thirty ice paid at the time of purchase, 'est will be computed at the repurchase )r ~the benefit of all o~ners of the '~ . {t:~; quests of any owner who has )r~va]..~ of Ilickor¥ Ridge~ Ltd. the ~h~n thereon and there ~o~ their ~o~nt ~nd individual use s,~septic tanks an~ selt . .- nj&yment of said lot owners, such ~ch npon spees shown on said plat, :{~nd egress for construction, main- tenants and repairs, The ow~or~ et hots 22, 23, 24, 25, 26 and 27 shown on said plat shall ea~ ~ar 1/6th of the ~ost of m~n~in- lng the joint driveway servi.~i~l said lots and 1/6th ~f the cost and/or septic of a central well/ if any i~nstrueted for thc, benefit of said ~tX lots. 7II. APPLICATION: ~he above covenan~ ~nd restrictions shall bo covenants · S '} n all owners running with the land, shal~' b~'bindinq upo of Iota shown on the plat hereto ~ttached0 shall ~nure to the b~nefit of each lot owner in SecttO~ O~e and Section q~o of lliekor¥ Ilidq- - cea l~!throuqh due' process of law by the' rare, and shall be enter ! ~ ' ' AssoCiation! provided, ho~e! er~ that the above covenants and restrictions shall be so ~ :t ' o~eable by any lot o~qer or lliekory Ridge, Ltd. in any case wh~ 'e"the Asso~.iation shall fail or decline to act within a reasonable kime after having receiW~d from such lot owner written notice of a violation ~nd a demand for enf0r~ement thereof. 34 ~t the i of the has ~. the also fields s~d pl~ 26 and 27 m~n~ in- the cost t Of said · of the the benefit ykory Ridge [au by the' ts and ~r'Hickory tl or decline [rce~ such lot n~orce~ent The impoaiti hereinabove set fort~l, imposition of said portions of any lands Section Two, IllckoryRi Ridge Ltd. or hereaftez may hereafter be ~f the covenants and restrictions aa ~o~ver, shall not be con. trued aa an restrictions o. any portion or ~ning or adjacent to Seetio~ One and Farm, whether no~o~ned by llfokory ' by i~, even though said lands part of the same subdivisioh. VIII. INVALIDATION: The invali¢ by Jud~ent or court order of any one or ~re of the ~tained herein shall in no wise affect . the validity and enforcla~lity of the remaining provisions hereof. IN WITNESS ?II~RE~F Ilickory Ridge, Ltd. has causes this ecttd[ B~ee ~ Brine , its instrume,t to be ex. u .~,~y · President, and its aeal?~to"~ hereto affixed attested by it Secretary this 10thday;{of: June , 1974. ' Prealdefit - STA~E OF VIRGINIA COUt~ OF ALRI~MARLE, ltru~ent dated 3ur~ 1O~ 1974 * _, ~as acknowledged this 10thd~y of ~un~ by Bruce L. Bro~n~ __o President of ~ickory ~id~. Ltd. Ny commission ~eplree~ z: I /. 7IP 2 I. 398 ~C. PPi. 05' \, HICKORY RIDGe' F~TM LTD. --$ECTIOPV ONE ~TED ~B~ 3.0 MIN. ~ OF ~RLYSVILLE, o oo 25 %. 0.540 SPA6,1~ O. 42 ASSG ,~C. 0. ~86 ~C. 25 O. ~'3~ .27 O' 24 059? ,4C 19 L C/O ,6C. . 01~?~5.'50" / ! ! .,d' N 17 I, 258 ,~C. / . 'X. // / o ~'a~'£ ~_-~ .~'~ ~.~. ~2' . --..: :. '~, .........~./' : / '~,. .j. ~ . '~ ,"~'"'-~ .. ~ ..- ....,,, ~ -.: .... __ / -. ... / ~'--. ,.~ 'x~.' 4,' ', .] ~ .C~O~ I / t~ t ii . .. ~ ~ ....'- -. "-.'-. ' : ' .' ~F.' '1" .,.' '.'. NEXT PA~I~) CURVE & · ~.~j' L aJ~ 2/ 17 6 eTlON '4d'~'~ -?0 ~$/· la;f,4~ V/CINIT'Y MAP o /8 / .4. /6 1.1~8 AC. [.,.~0' WlO£~ I. 154 ~C. / -;SE/lC. ....... COMMON '"'" .... $$..."t~ '£ TWO COMMON OPEN SPACE ........ . PL I~ T OF HI ¢I~, OP Y ~ IC. G E FA t~M LTD. ~ ~E~TI~ ~LBEMARLE C~, VA. lO0 ~0 O ioo 200_ r I$ 1221 // ZOo 50' R ~ PPR o'/~ L5 Clerk ATTACHMENT H · ]IICEOR¥ RIDGE FARH WHEREAS Hickory Ridge Ltd. caused to be recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 5§4, page 43 a statement of Subdivision of Section One and Section T~o of Ilickox~/ Ridge Fa~, to which statement was attached a Plat of S~lvisio~ of Section One and ~ and ~ Hicko~ Ridge L~d. is the sole ~ner of all of ~e ~and sh~ on said plat and desires to amend said Statement of S~lvision as hereinafter set forth, ~W ~E~ H~ekor~ ~ldqe Ltd. hereby declares that said Stat~ent of S~ivision of Section One and Section ~re~ ~ended as foll~s, and that ~he pla~ of Section One ~reto at~ch~ shall be in lieu of the plat attached to said orl~ina~ State.at of 5u~ivision~ (1) ~ect~on ~ entitled 'Plat' Is a~nded to read as There Is attached to thifl Stat~ent of Subdivision ~e ~v~s~on plat of Seckion~One and ~o, llickory Ridqe Farm p~ ~ R. O. Sn~ and Associates, C.L.S. dated Dece~er 1~74 and a plat of ~ts 5R and 6R by R. 0. S~ and C.~.~. dat~ Dec~ 19~ 19~4. These plat~ ~re re~rded for the ~ of identifying ~ ~ki~g reference to the several lots ~ ~ .~ce. in Secelon One and ~o of llic~oU Ridge Fa~ and b ~ict~o~s ~=einafter set 'fo~ .~11 a~ly only ~o the ' ' .(2) . '8~io~'~l, entieled 'Ve~itt~ and Vroh~i~ 1 11 through 14, the original paragraph 14 Is eliminated ~n entirety, end psragraphl 15 through 21 are renumbered.. 15 through 20. In addition, ~cicles I, ?, 10, l?, 18 and 21 are hereby m~de~ to read as 1o One lot as sh~ on the plat of l~icko~ ~idqe r~sl~n~ ~Y ~ constructed. Gara~es ~ay ~ attached to or , detacMd fr~ ~e residence bu~ may not have entrances facing - the I~eet~ unless approved by the ~hitectural Revie~ Board, as ~ hereina~ter established. ~. ~o ani~als~ birds or f~l shall be kept or '~ ~intained on any cT the lots' except do~s~ cats and pet birds vhlch ~y ~ kept thereon tn reasonable nu~era as pets for pleasure and use off the ~cupants bu2 not for any co~ercial uae or pu~se, ill doge ~ust be kept on a leash vhen they are outsid~ t~e ovners~ praises and suet not be~me a ~ulsance to other residents by barking or other acts. Rorses and ~y ~ us~ on the c~n open spaces. 10. ~o fire~s of any nature may be dischar~ed ,: on Hickory Ridge Fa~. ~ere rill be no hun~in~ of any kind except fox huntin~l and'~ere may be or~anized ~kee2 only in that part of the o~n spaces as may be designated from tiaa to ti~e by the Rlckory R~qe ~nera ~sociation. 17. No residence on any lot shall be built for p~l~tive pur~aes, ~pt those built by llickow Ridge Ltd. for original sale. 18. ~ere la hereby reset'ed to llicko~ Ridge L~. for ~e ~tual ~neflt of all property ~nera in Section One Iai ~eotion ~o, Ricko~ Rtdq~ Fa~, a ps.anent easement across ~l ~ir-ig ~th sides of each n~ered lot sh~n on the plata ~ It~chg~ ~ithin six feet of the bo~':~ar~ 1Lnes thereof, for tJle carrying of utilities or sewerage and ~or the necessary maintelt~nce of such facilities. There ia also reserved for the mutual benefit of all property owners in Section One and SectiOn ~o of Hickory Ridge Farm certain drainage easements as shown on thc plats hereto attached. 20. Unimproved lots. All unimproved Ii)ts shown on the plata hereto attached shall be kept free of brush, trash and other forms of debris. In the event any such unimproved lot shall not be so kept free, lltckor¥ Ridge Owners Aasoclation, Inc. may remove such trash and debris from said lot or may hire a .third party to so remove, and may assess the cost thereof to the o~ner of said lot. (3) Section III, entitled "Building Plans, Building Contractor and Landscape Plans" paragraph 1 is amended as follows; 1. All plans prior to start of constructio~ of any and all residences, buildings, fences, pools and pool enclo- sures and other structures or alterations and additions thereto, including building materiala~ color scheme, grading plan and location of such improvemen~,- structure, alteration or addition, shall be presented to and approved by an Architectural'Review Board. The Architectural Review Board shall consist of 3 members who shall be designated annually aa follows: (&) Until nine lots in Section One and T~O, Of Hickory Ridge Farm have been sold or until April 1, 1978, whichever shall first occur, ~ll 3 members of said Architectural Revie~ Board shall be~esignated by llickOry Ridge, Ltd. (B) Upon the sale of the ninth lot in !~ Bection One and Two of Ilickory Ridge Fat~S or on April 1, 1978, whiche~er first occurs, and from that point on in perpetuity, the 3 ~r! shall be dasi~nated aB follOWS~ (1) Onm~aeed~r shall be designated by Hlokory lttd~e, Ltd, or its euccea .,/ Cfi) One member shall'be destgna~ed by Nlckory Ridge O~ners Association, Inc. (iii) ~ ~rd ~r shall be designated Inc. a~ shall have ~e roll.tag qual~ftca~1ons~ ~e or mhe mhall ~ alloeneed archt~.c~ reg$ltered ~th the Co~n~alth o~ Virgi. i~ .~ a .~r of ~erican m~ll ~ve local offl~s in Charlottes- ville or A~rle C~nty, Virqlnia, and thus s~ll be f~llier ~ith the style a~ vernacular of ~e hm~m In Hickory Ridge Fa~ and the,desi~ philosophy of t~ su~lvimlon. ~lm architect shall --have ~ m~ff large e~ou~h ~ pr~tly ~e~ plane, ~nftming that they c~ply with all of t~ architectural reserva- tions set forth in ~ls state, st. Finally, said ar~itoc~ shall ~ f~lliar elth conee~atlon and restoration archi- t~ture lncl~in~ the trans~rcation of existing buildinVe to ~laory Ridge Fam~ due to the c~t~plated use of such architecture In Hickory Ridge Fa~. {4) S~ton IV. entitled 'Uickory Ridge ~nera Aasocia- tl~' Is ~nded as foll~s~ as follows ~ fa) The third paragraph should be amended to read The Association shall be responsible for the of the cost of maint~nance of all open spaces shown on ~ld.plets, including th.~ maintenance of fencing and trails along ~n m~s and the ps~nt of real estate taxes assessed said ~n ~e. ~ntil chang~ by the ~ard off Dlree- t~ lss~la~on, In order [o p~lde funds for the fore- ~ms, t~re shall ~ an annual assessment levied by the ~eiltlo~ against each lot 'sh~ on said plat lncludin~ those ~lcko~ ~d~, Ltd. not to exceed ~300 and payabl~ on ~ Of ~a~ In each ~ar for ex~nsea Incurred In ~N ~r pl~ capl~l reserves for the u~inO year. The /~ssociat£on, in addition, has the po~er to levy special asseam~enta against each lot £ncludinq those owned by Ilickory ~dge, Ltd. should such assess~nts become necessar~ to carry out the ~se8 of the ~ssociatLon. (b) ~e' fourth paragraph Is hereby deleted. ~aid ~ra~raph ~hich Is hereby deXeted reads as If any lot ~ner desires to keep, maintain and use hOrSes on the open spaces~ the Association shall also provLde such lot owner with the maintenance and upkeep of barnS, rings, ~umps, ~1o fields and other horse r~lated aotivities at a monthly assessment of $1~5 ~r ~rse per month,payable on the first day each and mve~ month by such owners during the period ~he AsSOc ia- of him ownership of such horse or horses. tion ham the p~er to raise additional [~nds for these pur~am ~u~h the le~ of special assessments against such hor~ ~ners by a ~te of a majority of the lots sh~ on said pla~, the ~ners of ~h~ch maintain homes. (c) ~ n~ fourth and an additionaX ne~ fifth ~ra~raph are substituted ~hich read as foll~S: ~ny action ~ken by the ~ssociatiOn ~ncludinq such ~ol~l assess~nts shalX be in c~pl~ance ~lth the by-la~s there- the ~Jortty vote of~ Of and shaXX be ~ken In accordance ~ith shat1 :.~ lo~ ~er~~ect'i°n One. and~~Secti°n ~o.., Each lot , ~ ~ns~dered as ~ned ~ ac~d~ one ~ee. ~11 unsoXd lots shaXl ..,. BC~ ~e vote fO~ each unsold lot. p~ovided~ h~ver, that ~s.Of e~er (a) th~ sale of.~e ninth lo~ In Section One and ~Lok~: ~l~ ~a. O~ ~l n~celmor mha~l have a f out ~ai, d shall ,r hale ;! 0£ ~otel equllJ:~g one less than the total number of lots sold or · qulling the to~a! ntm~er of lots r~a~ntng unsold, whichever is leis. ~t il ~ may ~t u~n ~e sale of the ninth lot In ~ctton O~ and ~ o~ IllckO~ ~ldge Fa~, or aa o~ ~prll I. vhic~er ~irlt g~rl, regardless off the n~er of lots r~lntn~ u.~Id a~ ~ by Rlckory Ridge, ~td., the n~r of ~ners ~II lots then sol~ shall ~natitute a plurality of the votes ~e Rio~ lid~e ~ers laaoctatto,~ and, should all 1~ ~ on ~y ls~ ~e n~er of lots ~en ~ed by l[lckory Ridge. L~. shall ~.stitute a ~orit~, by at least one vote, o[ all the eligible votes. ~e lasociation shall have the right to ~ntract for ~e ~i~tenance of the open space and [~r other 9oods or semites vlth any ~rty Including Iilcko~ Ridge, Ltd., provi~d ~t ~h ~ntracts are reasonable in their tams and are in~ In c~Iiance eith the.foreqoin~ reatrlctio.s-wad the Of the Association. ~ots kOrleS. q s~h the (d) ~he final para~Iraph in Section IV ia amended to read as follo~st There shall be a continuing lien upon each of -'he lots to secure the payment, of an~ of the assessments herein pr~ vidg for ~t such lien shall at all t~ea b~ subject to any first or s~nd ~rtgages or de~s of trust placed on t:he pro~rty at any ~ ex.pt as hereinafter provided. If any assessment has ~t k ~1~ ~i~in thirty (30} days, a notice o[ such non- ~nt as to ~ny particular lot on a rom presel'lbed by -the ~trsc~rs ~y t,e ~rded In the Clerk's Office of the Circuit ~rt o~ 11~1~ ~unty and fro~ the time of such recordation S~h .il~:~t aesesmnt in ~he amount ~tated i~ the notice s~ll ~ I 11~ prior to any first or ae~nd ~ortqapes or ~ Of ~st ~rd~ ~bs~uent to the date of such notice. (5} Section V, entitled 'Rights to ~epurchase' shall be deleted in its entirety, and the subse~lent sectiOnS numbered VI, VII and VIII shall be renumbered V, V! and VII. IN W~TNESS 1~I~REOF, llickory Ridge, Ltd. has caused this instroment to be executed by Bruce L. Browne, its President, agent hereuntO duly authorized, and its seal to be h~reto affixed attested by its Secretary this _~_~_day of April, 3975° The foregoing inltrt~ent dated April _g Z , 1975 was acknowledged before me this ~day of ~.~t. , ~975, by Bruce L. Brae, president of Hickory Ridge, Ltd. IIlCKOR¥ RIt'KiEo LTD. 49 ........ cz~,cuzT ~u~,(/~//- ~. IN T~ C~K'S OFFICE OF ~ L ~/ ' ............. I annexe~ a~ted to recor~ a~ ~M. PROFFER FORM Original Proffer ~ Amended Proffer (Amendment # _.L_J Date: 141 fi~'- :~ '~' Tax Map id arce N,mber( < ' 3 o/ ^°res to be rezonedto 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, ifrezon~d. 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 rezonmg request. (1) Future development of the property shall be restricted by the Hickory Ridge Farm Covenants and Bylaws included in the "Statement of Subdivision Hickory Ridge Farm Section One and Section Two'"duly recorded in the Albemarle County Deed Book 554, pages 43-58, dated June 10, 1974, and "Amendment to Statement of Subdivision of Section One and Section Two" Hickory Ridge Farm duly recorded in Albemarle County Deed Book 572, pages 95-105, dated April 22, 1975. The owner shall record said restrictions against the property within thirty days of the date of Board approval of ZMA01-17, with the Clerk of the Circuit Court of the County of Albemarle. The owner shall provide written evidence to The Director of Planning of the recording within seven days following the recording2 The County of Albemarle shall not be responsible for enforcing any of the aforementioned Covenants and Bylaws. (2) No more than one residential dwelling shall be permitted on the property. The Property shall not be further divided. - ~ ~ OR (-~igrmture of Attorney-in-Fact (Attach Proper Power of Attorney) Printed Names of All Owners Date ~+~ ~ ~. ~m,~ ~ ~//~/~ P~ted Name of A~omey-~-Fact ~riginal held by Richmond and Fishburne, Queen Charlotte Square, 214 East High Street, Charlottesville, VA 22901 GENERAL POWER OF ATTORNEY I, Yvonne B. Seibert, of P.O. Box 196, Earlysville, virginia 22936, appoint my husband Charles W. Seibert to serve as my agent (attorney-in-fact) under this general power of attorney. I appoint my son Barre A. Seibert and my son Ward J. Seibert to serve 'as my successor agents, either one of whom may act, if my agent resigns or becomes unable to serve hereunder (in which case all references to my "agent" shall refer to my ,.successor agents"). I hereby confer upon my agent full and complete authority to exercise the following powers in my behalf: 1. To request, receive, possess, sue for, and recover from all persons, corporations, associations or other entities (i) each and every parcel of realty and article of personalty that I own or am entitled to possess, and (ii) each and every sum of ~money, right, or interest, due and owing, or that may become due and owing, to me on any and every account, claim, contract~ or tort; or, in my agent's discretion, to arbitrate or compromise therefore; 2. To satisfy, or reject and defend against, claims that may be asserted against me, or against any of my property or interests; or, in my agent's discretion, to arbitrate or compromise therefor; 3. To add to, withdraw from, or close my accounts or deposits in banks or other financial institutions; 4. To sign any check, deed, ~ontract, pleading, retirement or disability election or any other document; 5. To borrow money in my name on such terms as my agent may deem appropriate, and to execute notes and any documents necessary to give any lender a security interest in any or all of my real and/or personal property in connection with any loan; 6. To sell or lease any part or parts of my real or personal estate, or any interest which I may have in any real or personal estate, wherever situa%ed, upon such terms as my agent may deem appropriate, and to make all necessary deeds and conveyances thereof, with all necessary covenants, warranties and assurances, and to sign, seal, acknowledge and deliver the same; and to purchase real or'personal property for my use as my agent deems appropriate; 7. To buy or sell stocks, bonds, Treasury securities, or other investments on my behalf in accordance with the ..prudent man" rule; 8. To enter any safe deposit box that I may be the lessee of, or otherwise entitled to enter, and to remove or add to its contents; 9. To borrow against or obtain the cash surrender value of any of my life insurance policies, and to transfer the ownership of any policies to the primary beneficiaries named therein; 10. To create revocable inter vivos trusts for my benefit (with my agent or another as trustee), to add assets to existing trusts created by my agent or me, and to revoke trusts created by my agent or me; 11. To have access to my will, and to make gifts to beneficiaries named therein by way of total or partial satisfaction of bequests, legacies or devises made to such beneficiaries as my will is written at the time of such gifts; 12. To make additional gifts on my behalf to any charitable organization and to any of my descendants and their spouses, provided that the aggregate value of all gifts made to any descendant or spouse in any one calendar year shall not exceed the gift tax annual exclusion then in effect; 13. To represent me before any office of the Internal Revenue Service, or before the Virginia Department of Taxation, in connection with any individual income tax or gift tax matter, for the years 1986 through 2041, to receive confidential information and to perform any and all acts that I can perform with respect to said tax matters, including the power to sign tax returns (including, but not limited to U.S. Forms 1040 and 709, Virginia Form 760 and all other forms that may be filed in connection with any of them), and the power to receive and negotiate checks in payment of any federal or state tax refund; and 14. To do all such other acts, matters and things in relation to all or any part of, or interest'in, my property, affairs or business of any kind or description in the State of Virginia, or elsewhere, now or at any time in the future, that I could do if acting personally. This power shall not terminate on the disability of the principal, and such disability shall not affect the authority herein granted. This power shall remain in full force as to all third parties until they receive written notice of its revocation. WITNESS the following signature and seal this f~ day of ~%~ .... , 1993. Seibert, Principal STATE OF VIRGINIA-AT LARGE CITY OF CHARLOTTESVILLE, to-wit: The foregoing instrument was personally acknowledged before me this 8th day of December _., 1993 by Yvonne B. Seibert. My Commission expires: 3-31-94 Notary Public ! WAS COMMISSIONED A JlOTART PUBLIC AS BRE~IDA X. REED 3.4/28302 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON ZMA-2001.017. Hickory Rjd.qe Eeuestrian (Signs ~73) (PLEASE PRINT CLEARLY) NAME MAILING 'ADDRESS TELEPHONE 2 3 4 5 6 7 ' '8 11 12 · 13 14 15 , 16 17 19 "20 21 22 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road. Room 218 Charlottesville, Virginia 229024596 (434) 296 - 5823 Fax (434) 972 - 4012 Apdl 25, 2002 James Sams P O Box 115 Keene, VA 22946 RE: SP-2002-03 Sam's Woodworking; Tax map 122, Parcel 33A Dear Mr. Sams: The Albemarle County Planning Commission, at its meeting on April 23, 2002, unanimously recom mended ap proval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. There shall be no on-site sales. 2. There shall be no outdoor storage of materials. 3. All solvents/paints shall be disposed of in accordance with all applicable hazardous waste regulations. 4. All production activity of custom-made furnitu re shall occur within the designated workshop area, not to exceed 1,.500-sq. ft., as shown on Attachment A. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15, 2002. 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 should have any questions or comments regarding the abovg noted action, please do not hesitate to contact me. Sincerely, Steven Biel Planner Cc~ Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel April 23, 2002 May 15, 2002 .SP 2002-003 Sama Woodworking Shop Applicant's Proposal: The applicant has requested approval of a special use permit for a Home Occupation, Class B, to allow for the operation of a Custom-made furniture shop (Attachment A). The applicant proposes to construct a 24' x 40' workshop (960 sq. ft.) with an additional 12' x 14' area for an office (168 sq. ft.)and 17' x 21' garage area (357 sq. ft.) under one roof for a total of 1,485 sq. ft. In addition to custom furniture, the applicant would produce wood paneling, trim, stair parts, and cabinets. The applicant would not have any employees. Any future consideration for the hiring of employees would be limited to no more than two (2) employees, which is permitted under the definition ora Home Occupation, Class B. Petition: Request for a special use permit to allow for the construction ora woodworking shop in accordance with Section 10.2.2(31) of the Zoning Ordinance which' allows for a Home Occupation, Class B. The property described as Tax Map 122, Parcel 33A, contains 12.24 acres, and is located in the Scottsville Magisterial District on the northeast side of Route 712 (Coles Rolling Road), approximately 1.25 miles northwest of Route 795 (Blenheim Road). The property is zoned R_A-Rural Area. The Comprehensive Plan designates this property, as Rural Area. Character of the Area: The property Under review contains 12.24 acres and is located within the Carter's Bridge Agricultural/Forestal District. The Agricultural/Forestal Advisory Committee has reviewed and recommended ~approval of this request for a special use permit based on the proposal having a minimal impact on the agricultural or forestal operations on neighboring parcels. The surrounding area can be characterized as heavily wooded, farmland, and large-lot residential. The nearest residence is approximately 1,300' to the north and is heavily buffered by dense woods, and the applicant's mother owns the adjacent parcel to the south (parcel 33; 65 acres). Two farms are located to the west across Route 712, Seven Pines (parcel 9; 115 acres) and Spring Hill (parcel 10, 272 acres). Whitehall Farm is located to the northeast and cOntains 61 acres (Attachment D). .Planning and Zoning History: Aside from the applicant having been self- employed in the woodworking business since 1978, there is no history available on this property. ,Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area as being located in the Rural Area. The Comprehensive Plan offers no specific comment regarding home occupations in the Rural Area. However, the'level of intensity of the proposed use would be compatible with the character of the Rural Area. SP 2002-003 Last Revised: 4/16/02 I RECOMMENDATION: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of SP 2002-003, based on the consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right tO issue all ~special use pea,nits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board o1' Supervisors that such use will not be of substantial detriment to adjacent property_. This proposal would not result in an increase in vehicular traffic, as there would be no on-site sales and design work would take place at the client's location. Materials would be purchased from local mills and suppliers and transported by the applicant back to the applicant's shop for production. The applicant would deliver the finished product to the customer location. As the proposed shop would provideadequate ..work and storage space, there would be no need for outdoor storage. The hours of operation are proposed to be 8:00 a.m. to 6:00 p.m., Monday through Friday. Heavily wooded areas, farmland, and scattered large-lot residential development surrotmd the site. The location of the proposed shop would not be visible from any adjoining properties. Any consequential noise to adjoining property owners that is produced by woodworking equipment would be no more than customarily associated with farm equipment. that the character of the district will not be changed thereby., It is the opinion of staffthat this home occUpation would not result in any increased levels of activity on the site that would be inconsistent with the character of the area. and that such use will be in harmony with the purpose and intent of this ordinance., Staff has reviewed the purpose and intent as contained in Chapter 18, Sections 1.4, 1.5, and 1.6 of the Zoning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance. with the uses permitted by right in the district, This use would not prevent by fight use of adjacent property. with additional re lations rovided in Section 5.0 of this ordinance, Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance. The proposed request complies with the provisions of this section of the Zoning Ordinance. SP 2002-003 2 Last Revised: 4/16/02 and with the public health, safe _ty and general welfare. The Albemarle County Fire Department has received this application for review. All solvents/paints associated with the proposed home occupation would be disposed of in accordance with all applicable hazardous waste regulations. If the applicant adheres to the specified safety guidelines prescribed by the manufacturers of the solvents/paints used by the applicant, there would be no adverse impact on the public health, safety, and general welfare. The entrance to the applicant's property is on a gravel state road (Route 712). The applicant has been in contact with VDOT and will comply with VDOT requirements. SUMMARY: Staff has identified the following factors favorable to these applications: The proposal.is consistent with the provisions of Section 31.2.4.1. The level of intensity of the proposed custom-made furniture shop would be consistent with the character of the Rural Area. The applicant has been a self-employed woodworker in Albemarle County since 1978. Staff has not found any factofs that are unfavorable to this request. Therefore, staff is able to support this request. ~COMMENDED ACTION: Based on the f'mdings Contained in this staff report, staff recommends approval, subject to the following conditions: There shall be no on-site sales. There shall be no outdoor storage of materials. All solvents/paints shall be disposed of in accordance with all applicable hazardous waste regulations. All production activity of custom-made furniture shall occur within the designated workshop area, not to exceed 1,500 sq, ft., as shown on Attachment A. Attachments: A - Application and Plan B -~ Location Map C - Tax Map D - Aerial Map SP 2002-003 Last Revised: 4/16/02 3 . County of Albemarle °:' Department of Building Code and Zoning Services ·. __ TMt / ......... ' - -- ' ~ ' Application for Special Use Permit ATTACHMENT~ Project Name (~..~,)~a ~ ~to~a~t~?} ~~ ~~/~ ~ -- *Zoning DJs~ct ~ ~ *Zoning Ordinance S~on number requ--~d (*stuff will ~sist you wi~ ~s2 items) Numar of ae~s to be covered by Special Use Permit,,e= ~"~ ~ ~'~ ~ ~° tisthis an amendment to an existing Special Use Permit? CI Yes. No Are you submitting a site develop~nent plan with this application? C3 Ye~No IContact Person (Whom should we call/write concerning this project?): , ~.~g~r-~e' Address /~,~. /fiCA' .~//f"" ,.. City /~('~'=~e Stat~ Y'/fi~ Zi ., .. Fax #. E-mail ~' [Daytime Phone Owner of land (As listed in thc County's records); ! city ~/~"~ State Y/~ Zip Daytime Phone (~'~'~'~)/ql~.~°~',~t~'~ Fax # E-mail Applicant (Who is the contact person representing? Who is requiting th,- sp~ial usc?): City ' ' State Zip Fax # E-mail Tax,nap and pa~rcel ~ ~2:._~ 3~ , Physical Address (if=si~.~) ~'~ff~' [ - F~ amount $ ~ Date Paid History: Special Use Permits: 0 ZMAs and Proffers: Concurrent review of Site Dcvelopment Plan? I~1 Yes 0 No 401 McIntire Road O Charlottesville, VA 22902 O Voice: 296-5832 ':' Fax: 972,4126 /'_J Section 3!.2.4.1 of the Albemarle COunty Zoning Ordinance states that, "The bo,."a'o of ~Cial use permits permitted hereunder, superv'.aors heret~y reserves unto itself the right to issue all sp 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 which 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 your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? How will the proposed special use affect adjacent property'~ How will thc proposed special usc affect the character of tim district surrounding thc propc~v? How is the use in harmony with the purpose and intent of thc Zoning Ordinanceg. How is thc use in harmony with thc uses pcrmittcd by right in the district? What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? How will this usepromote thc public health, safety, and general welfare of the community?. Describe your request in detail and include all pertinent information such as the numberaof persons involved in the use, operating hours, and any Unique features of the use: ~&~'/~ ~ ~;~7 ATTACHMENTS REQUIRED -provide two(2) copies of each: Recorded plat or boundary survey of the property requested for the rezoning. 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. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a COlbY of the plat or surveyed drawing. 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 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 documen.t acc~eptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: [~3. Drawings or conceptual plans, if any. ~/~//'~ [~ 4. Additional Information, if any. 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 is true and accurate to the best of my g~ature Printed Name Daytime phone number of Signatory January 13, 2002 ATTACHMENT PAGE FOR APPLICATION OF SPECIAL USE PERMIT RE: SAMS WOODwoRKING SHOP Upon recommendation from William Fritz, Development Process Manager for Albemarle County, the following is a replacement of page 2. The following descr/bes my intent, purpose and responsibility of building a woodworking shop on 12.24 acres'located in the Scottsville district described as Parcel 33A on tax map 122. The above 12+ acre parcel is w/th/n the boundaries of an agricultural designated area and is triangular in Shape, with the base bordering state rome 712 (unpaved) d/recfly across from a 1000- acre agricultural farm. The east boundary is bordered by a 65- aCre tree farm and the west boundary is bordered by a 300- acre tree farm. My intent is to build a 960 square foot woodworking shop with attached office and garage to provide the space requ/rements as a craftsman to construct the ideas, needs, wants and desires of clients, be it custom wood paneling, trim, stair parts, cabinets, furniture or other. As most of the design and consulting work takes place at the c ' ' ' increase of traffic to this location will be none to minimal, hents residence, the The minimum distance from the shop to'adjacent property will be approximately 130 feet. The distance to the nearest neighboring residence w/Il be approximately. 500-600. feet. The distance to the state road will be approximately 400 feet and the shop w/Il not be visible from the state road due to the landscape. To help reduce noise and add visual aesthetics there wiI1 be: 1) a minimum 100 foot tree buffer to adjacent properties 2) well insulated wails 3) minimal window placement 4) natural cedar s/ding on exterior Materials for client projects will be purchased from local mills and suppliers. The installation ora dust collection system will provide a healthy work environment. Sawdust and chips collected will be dispersed in the surrounding woods to promote good soil and fungal activity for future forest growth. Waste from solvents used in finishing and gluing will be absorbed by pumice-type compounds, such as "oil<tr/", and will be disposed of through the Rivanna Solid Waste Authority. With 25 years of carpentry experience and an Albemarle county resident since 1961, it is my desire to continue to provide quality products and serv/ces to the community at large. / TOM MOUNTAIN No~th Garden Carters Bridge Esmont Porter ATTACHMENT B Dawson Mill HATTONS FERRY FREE [61616161616161616[~ TO DILLVVYN TO FORK UNION ALBI f C. OUNTY ,6 / / \ .2~ /It \ .... - ................... ..=~,=//" ' "-'=:~:; ".-::. SP 02,.003 sam' s Woodworking Shop ':~" ' ';'"'~'~" :" ' '"" ,e -30 '"° $OOTTSVILLE ATTACHMENT C SECTION 122 Q, ATTACHMENT D Site ===~ McGuireWoods LLP Court Square Building 310 Fourth Street N.E., Suite 300 P.O. Box 1288 Charlottesville, VA 22902-1288 Phone: 434.977.2500 Fax: 434.980.2222 www. mcguirewoods.com Valerie W. Long Direct: 804.977.2845 McGU]RE DS vlong@mcguirewoods.com D]rect [=ax: 804.980.2265 May 15, 2002 VIA FACSIMILE: 296-5800 Ms. Ella Carey Clerk Albemarle County Board of Supervisors 401 Mclntire Road: Charlottesville, VA 22902 RE: SP 02-04 Bri.qht (Triton PCS - CVR 350E) Dear Ms. Carey: On behalf of our client Triton PCS, Inc., I respectfully request that SP 02-04 Bright (Tdton PCS - CVR 350E) be deferred to the Board of Supervisors hearing on Wednesday, June 19, 2002. It is my understanding from our conversation that this is the next Board meeting for which there is room on the agenda for consideration of this matter. As always, shoUld you require any additional information to effectuate this request, or need to reach me for any reason, please do not hesitate to contact me at 977-2545. I appreciate your assistance with this matter. Sincerely, Valerie W. Long CC: Stephen Waller, Dept. of Planning & Community Development V. Wayne Cilimberg, Dept. of Planning & Community Development Amelia McCulley, Dept. of Building Code & Zoning Services Frank Shortall, Triton PCS, Inc. Dale Finocchi, Triton PCS, Inc. \\REA(1169.21.1 14:03 F~X 804 980 2222 ~ LLP CRARLOTTES¥ILLE ~002/002 McGUIREWOODS rio nga) rn cguir~wooc~.cor~ Dimd: F~txc 604L9§0.2265 May 15, 2002 VIA FACSIMILE: 296-5800 Ms. Ella Carey Clerk Albemarle County Board of Supervisors 401 Mclntire Road Charlottesville, VA 22902 RE: SP 02.04 Briuht (Triton PCS - CVR 350E) Dear Ms. Caray: On behaff of our client Triton PCS, Inc., I respectfully request that SP 02-04 Bright (Triton PCS - CVR 350E) be deferred to the Board of Supervisors hearing on Wednesday, June 19, 2002. It is my understanding from our conversation that this is the next Boarct meeting for which there is room on the agenda for consideration of this matter. As always, should you require any additional information to effectuate this request, or need to reach me for any reason, please do not hesitate to contact me at 977-2545. I appreciate your assistance with this matter. Sincerely, Vaterie W. Long CC: Stephen Waller, Dept. of Planning & Community Development V. Wayne Cilimberg, Dept. of Planning & Community Development Amelia McCulley, Dept. of Building Code & Zoning Services Frank Shortall, Triton PCS, Inc. Dale Finocchi, Triton PCS, Inc. COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road. Room 218 Charlottesville. Virginia'22902-4596 (434) 296 - 5823 Fax (434) 972 - 4012 April 25, 2002 Vaiede W. Long, Esq McGuire Woods LLP P O Box 1288 Charlottesville, VA 22902 RE: SP-2002-004 Bright-Triton PCS-CVR 350E; Tax Map 58, Parcel 61A Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on April 23, 2002, unanimous y recommended disapproval of the above-noted petition to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15. 2002. 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 should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: STEPHEN WALLER APRIL 23, 2002 MAY 15, 2002 sP 02-004 BRIGHT (TRITON PCS) AMENDMENT Applicant's Proposal: The applicant is proposing an amendment of a standard condition in order to allow the continued use of a metal monopole that was installed with a diameter that is larger than that which was permitted with approval of the special use permit (Attachment A). Condition 2(b) of the special permit currently sets the following restriction: The diameter ofthepole shall not exceed thirty (30) inches at its base, and eighteen (18) inches at the top. If approved, this amendment will permit the conditions that were placed on the maximum diameters of this pole to be increased up to 39.19 inches at its base and 23.4 inches at its top. Petition: The request is for approval of a special use permit amendment which would allow the continued use of a personal wireless facility that was installed in violation of the standard condition restricting the diameter of metal monopoles to 30 inches at the bottom and 18 inches at the top. This facility instead was constructed with a monopole that has diameters of 39.19 inches at its base and 23.4 inches at its top. This property, described as Tax Map 58-Parcel 6lA, contains approximately 5.144 acres, and is located in the Samuel Miller Magisterial District on the eastern side of Tillman Road (Route 676), approximately 1/2 mile north of the intersection with Route 250 West (Attachment B). The property is zoned RA, Rural Area:s, and the Comprehensive Plan designates this property as Rural Area 3. Planning and Zoning History,: SUB 8%100 Clay M. Peyton - The subject parcel was created from Tax Map 58/Parcel 61 with a subdivision which was approved June 26, 1987. SP 01-008 Bright (Triton PCS) - At its August 8, 2002 meeting, the Board of Supervisors approved a special use permit to allow a personal wireless services facility at this site (Attachment C) BLD 01-1614 Bright/Triton PCS - A building permit was issued for this project on October 25, 2001. The discrepancy with condition 2(b) was discovered during a final zoning inspection of the site. :~. V 01-345 Bright/Triton PCS - The Department of Building Code and Zoning Enforcement applicant has cited the applicant in violation of condition 2(b) of the special use permit (Attachment D) Character of the Area: The property, described as Tax Map 58/Parcel 6lA, contains approximately 5 acres, zoned Rural Areas located in the Samuel Miller Magisterial District (Attachment C). The Comprehensive Plan designates this property as being located in Rural Areas 3. This facility is sited within a 900 square foot wooded lease area, situated below and west of the ridgeline of Turner Mountain. The lease area is situated at a ground level elevation that ranges between 805 and 812 feet ASL. The most significant trees surrounding the lease area are shown on the applicant's plan submittal with their calipers and surveyed top heights. Staff has visited the site and observed that a large portion of the monopole is visible among the trees located on the side of the mountain fi.om several nearby locations while there are no leaves on the trees. However, because the monopole does not extend above the ridgeline, when viewed incidentally the facility does not appear to be an obtrusive feature on the natural landscape. COMPREHENSIVE PLAN: The Personal Wireless Service Facilities Policy is the component of the Comprehensive Plan that provides the guidelines for siting and review of wireless facility proposals, and in accordance with the policy visibility is considered to be the most important factor in review. Therefore, staff analysis of personal wireless facility proposals focuses largely on the visual impact of the proposed facility from surrounding properties and roadways. Through the application of the standard conditions of approval for wireless facihties, monopoles and related ground equipment are either required to be made of wood or painted brown to blend in with the natural surroundings: Although the wireless policy does not directly address monopole widths in relation to their. material types, staff recognizes that most past proposals were mainly for wooden monopoles. Due to the increasing number of metal monopoles that are being requested a standard condition has been developed to limit the diameter to mitigate-visual impacts of wireless facilities.. This has especially been appropriate when facilities are being proposed for wooded areas, because it provides a way of ensuring :that the metal monopoles will not be so wide that they are out of character with the existing trees within the area. Furthermore, in proposing facilities with metal monopoles, several applicants have provided additional information to indicate that the increased structural integrity provided by the metal allows smaller pole diameters to be implemented. RECOMMENDATION Staff has reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends denial. ,STAFF COMMENT: Staffwill address the issues of this request in four sections: Section 31.2.4.1 of the Zoning Ordinance; Section 704 (a)(7)(b)(I)(IO.ofthe Telecommunications Act of 1996; Section 32.2.2 of the Zoning.Ordinance - waiver of the site plan requirements 1. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits pemfitted hereunder. Special use pemaits 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 adiacent property, Based on staffs review and analysis of the original request and related information that was submitted by the applicant, the Board of Supervisors determined that a personal wireless facility could be appropriately sited at this location with the application of certain conditions. Impacts of changes to a use are most easily measured in situations when the violations occur after a use has been in operation over a certainamount of time. However, this request is related to a newly developed site that was established in violation of a condition from the beginning, Therefore, staff does not have any information that could effectively serve as a comparison between the current visual impacts and those that would exist if the monopole had been installed in compliance with that condition. Staffnotes that the applicant had expressed no concern about the ability to comply with this condition when the special use permit request was first approved. It is staffs opinion that the special use permitting process should be considered for abating violations only when all other reasonable options have been exhausted, and conditions can be applied to mitigate the adverse impacts that are anticipated. This amendment request is being made in an attempt to correct an error that took place when the facility was constructed, and the applicant has provided no information to demonstrate that the violation cannot be reversed to meet the existing and approved condition restricting the pole diameter. Nor has it been demonstrated that efforts to replace the pole with one that is in compliance with this condition would result in an extensive amount' of adverse environmental impacts. The amendment of a special use permit is most appropriate either when it can be demonstrated that the cumulative gains anticipated by allowing the expansion of an existing use will outweigh its impacts, or that original conditions are unreasonable Or difficult to comply with. The larger monopole that was installed is not being used to allow an expansion of services, and information gathered from the applicant during the review of the existing special use permit indicated that the site could indeed be adequately served by a pole that complies with condition 2(b). Therefore staff recognizes that approval of an amendment in this particular instance would result in relaxing the standard condition that has been applied specifically to assist in mitigating concerns about the greater visual impacts that metal monopoles are likely to have in comparison to wooden ones. One of the favorable aspects often expressed by applicants in support of the implementation of metal monopoles has been the fact that, unlike wooden ones, they can be transported in sections and then assembled at the facility sites. that the character of the district will not be changed thereby, The key purpose of the County's Wireless Design Policy is to site wireless facilities in locations where there is a very minimal potential for visually intruding on the surrounding area. The application of certain conditions on the design of wireless facilities is intended to mitigate some of the adverse impacts that might result in changing the character of the district. The opinion that this use would not result in a change in thecharacter' .~r-~ of the district' ' was established with the approval of the original special use permit. This facility is located within a wooded area, and with the exception of a triple Poplar tree which is listed with a diameter of 60 inches, the trees shown on the applicant's plan packet have an average diameter of approximately 17.7 inches. This indicates that the diameter of the monopole, as-built, more than doubles the size of each tree on average. ~ However, there is currently no comparison available to allow an analysis of whether the excess 9-3/4 inches in pole width significantly increases visibility of this facility fi.om those distances. Since the implementation of the standard condition regarding pole diameters staff has identified only one other request in Which a metal monopole was approved with diameters wider than 18 and 30 inches has been allowed. In that case~ the maximum diameters were increased to 20 inches at the top and 50 inches at the base. However, this condition was modified by the Board of Supervisors at the same time when special use permit was approved~ and specific language was added to the condition allowing the use of a pole that was already in the applicant's inventory (see condition 2.i, Attachment E). Because that facility ha~ not yet been installed, staff can offer no comment about the effects that the modified pole diameters may have on visibility. and that such use will be in harmony with the purpose and intent of this ordinance, Section 1.4.3 states, "To facilitate the creation of a convenient, attractive and harmonious community," as an intent of the Ordinance. Although wireless facilities are not often credited for enhancing the visual appearance of the surrounding areas, the goals of the wireless policy are intended to ensure that the equipment for those facilities are not responsible for diminishing the value of the important resources that promote the attractiveness of the community. The standard special use permit conditions that are placed upon the design of personal wireless facilities are applied to assist in relieving further concerns about the ability to attain this intent. with the uses permitted b.y fight in the district. The wireless policy and the standard conditions that are placed upon personal wireless service facilities are intended to ensure that they are appropriately sited to have minimal visual impacts on adjacent parcels and other nearby properties.. Aside fi.om limiting the amount of tree cutting that can be carried out on sites subject to the special use permit conditions, it has been a generally accepted that these facilities do not adversely impact the pursuit of any uses that are permitted by-right within the Rural Areas District. with additional regulations provided in Section 5.0 ofthi~ ordinance, and with the publi~; .health, safety and general welfare. Section 5.1.40 of the Zoning Ordinance was adopted to implement regulations providing support for the accepted guidelines that are presented in the Personal Wireless Facilities Policy. With the exception of certain additions and amendments that have necessary at times when the County has recognized the need to proactively address certain site-specific issues, the standard conditions that have been accepted and applied to wireless facilities are intended to be applied equally in all situations. 4 2. Section 704(a)(7)(b)(I)(ll) of The Telecommunications Act of 1996: The re~_~lation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohi0it or have the effect of prohibiting the provision of personal wireless services. Currently, there are no provisions that act to prohibit the establishment of personal wireless service facilities in anY district. As a component of the Comprehensive Plan, the Personal Wireless Communication Facilities Policy provides the guidelines for siting wireless facilities within the County of Albemarle, with support of the Zoning Ordinance and the application of standard conditions. The original action to conditionally approve the existing special use pennit has already enabled the applicant to provide personal wireless services in this portion of the desired coverage area. Because the applicant was agreeable to the condition from which relief is now being sought at the time when the special use permit wasapproved, staff does not believe that the denial of this particular request would have the effect of prohibiting the provision of personal wireless services. SUMMARY: Staff has identified the following factors that are relevant to consideration of this request: There is no conclusive way of comparing the visual impacts of the site under existing conditions to those that would result had the facility been constructed in full compliance with the special use permit conditions. The applicant has not demonstrated that the violation cannot be abated through any other means. The applicant originally indicated that the purposes of the special use permit could be met with the conditioned limits on pole diameter. The monopole was assembled at the facility site. RECOMMENDED ACTION: Staff assumes the opinion that the condition from which relief is being sought is pertinent to the Board of Supervisor's action to approve special use permits for personal wireless services facilities. Because the applicant has failed to demonstrate that the violation is irreversible through other means, staff does not recgmmend approval of this request. It is staff's opinion that such an approval would result in relaxing the requirements of an accepted condition, which is applied consistently in similar cases, solely for the purpose of abating an existing violation. Therefore staff recommends denial of this special use permit request. ATTACHMENTS: B- C- D- E- Application, Request and Construction Drawings Tax Map Location Special Use Permit Approval Letter Violation Letter Approval Letter for SP 01-031 Orrock (nTelos) 5 Application for Special Use Permit County of Albemarle ~ + Department of Building Code and ATTACHMENT A I o~,-,:,c~. -'~ 3, - ~ ~t ~P_fi _X_ 0 . 0-~ 0 ...~- O O .. ~ ~ .I ~ ~ Project N:,,,,e(~.~.u~.~?) Bright (.Triton Pcs - CVR 350E) Vacant except, for. Wireless .. Amend special use permit for 'Existing Use Telecommunications ~acility Proposed Use Wireless Telecommunications Facilit *Zoning District. ICA (*staff will assist you with these items) Nu tuber o f acres to be covered by Special Use Permit ~t .-~, .~ lis this an mnendmcnt to an existing sPeCial Use Permit? Are you submitting a site development plan with this application? · Zoning Ordinance Section number requested 10.2.2.6 5.1-44 :121'¥esQ No D YesIl No lContact Person 6~;ho'msho~a we~Uwrit, co.~in: thisprojccO)' Valerie W. Long, HcGuire Woods TJ.P Address P.O.-Box 1288 City Charlottesvil. te State VA Zip 22902 IDaytime Phone ( .434 ) 977-2545 Fax # 434'-980-2265 E-mail vlong~mcguirewoods.com Owner of land (~s listed in the County's records): Address 777 Tillman Road Daytime Phone ( ,4,34 ) 293-8686 Elizabeth'S, E-eyt0n ~r~ght Fax # City Charlott~svill~tate. VA Zip 22902 E-mail Applicant(Whoisthcconmctw. xsoarepr~seming?Whoisrequcstingthe~pcci-aluse))': ATTN: Carol }iurphy . Address Westgate i, i00 Westgate Parkway. City Richmond State.VA Zip 23233 Daytime Phone(804 ) 364.798.0' - Fax #804-364--7997 E-mail cmurphy~tritoncom Tax map and parcel 58-61A Charlottesville, VA 22902 Physical Addre~0rmi~.cdL777 T:il 1 mo_n Road Locationofproperty0a.dmarl~imerscctio~.orother)From County Offices: lfclntire to 250 Bypass West to Rt. 250 West to Ivy. Turn. right on Tillman Road. (Rt. 676). Gate and ~ravel dri approx. 1/2 ml..-o.n right. Look for red cattle gate with white fence. Site is thro ~e ~a.te. ana t~n the hiLL a£on~ the drivewa~z .... - ocs ~e owner of tilts property own(or navc any ownet'Sl~iZphntcrest m) any abutting pro. petty? If yes, please list Yes. TMP 58-61 .those mx map and parcel numbers Histo~:n ~~cial U~ P~miu: h~"'0~- 0~'~ O mas and Ptoffg,: ~ V~an~: D ~tt~ of Authori~tion l& Concu~t. rcview of Site Plan? D Y~ D No ~v~opment 7~ot- 3~5 ...... · -.:-_ ,~ .-. ~h~.~,, .... ;.- v~ *~oo* + Voice: 296-5832 ATTACHMENT A ..~ Section 31.2.4. i of thc Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itselt:-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 thc character of the district will not bc Changed thereby and that such use will be in harmony with thc 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 which follow will be reviewed by thc staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review'of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? See a.t ta.ched See attached How will" thc proposed spccial usc affect adjacent property? How will thc proposed special usc affect thc character of thc district surrounding thc property? See attached How is the use in harmony with the purpose and intent of the Zoning Ordinance? See attached How is the use in harmony with the uses permitted by right in the district? See attached What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? See attachei:l How will this use promote thc public health, safety, and general welfare of thc community? See attached ~ ATTACHMENT A Describe your request in detail and include all pertinent information such as the numbers of persons ~nvolved m the use, opera.usg hours, and any unique features of the use: See at taehed ATTACHMENTS REQUIRED - provide two(2)copies of each: Recorded plat or boundary survey of the property requested for the rezoning. 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.. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. 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 corporation, parmership 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 agem of the owner, a documen~t acce. ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. 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 is true and accurate to the best of my knowledge. Signature Printed Name Date Daytime phone number of Signatory ATTACHMENT A Bright Property (Triton PCS - CVR 350E) What is the comprehensive plan designation for this property? Residential/Agricultural How will the proposed special use affect adjacent property? The proposed amendment to condition 2Co) of the existing special use permit will not adversely affect adjacent property, as the pole will continue to blend in with the numerous other tall trees in the immediate and surrounding area. The pole, even with the larger diameter, blends in extremely well with the existing trees; even during the current winter months When the trees arc bare of leaves. The facility is only minimally visible from adjacent properties, and will become less so once the required landscaping is added during the next planting season. How will the proposed special use affect the character of the district surrounding the property? The proposed amendment to the existing special use permit will not affect the character of the district surrounding the property. The facility as constructed is not inconsistent with the existing development in the area, since it is minimally visible from adjacent properties due to the fact that it blends in so well with the surrounding trees, and also due to the topography of the area. In addition, the existing facility does not generate any additional traffic or development other than the occasional maintenance visit, and the proposed amendment to condition 2(b) will not increase the traffic level. In addition, due to its design and location, the existing facility preserves the character of the area, and the proposed amendment to condition 2(b) would not alter this situation. How is the use in harmony with the purpose and intent of the zoning ordinance? The proposed facility is in harmony with the purpose and intent of the zoning ordinance in that it complies with the intent of Seciion 5.1.40 of the Ordinance, which implements a portion of the County's Personal Wireless Services Facilities Policy, which was adopted as a component of the Comprehensive Plan. In addition, wireless telecommunications services provide a public service to the community by creating a "convenient, attractive and harmonious conununity," consistent with the intent of the Zoning Ordinance. How is the use in harmony with the uses permitted by-right in the district? The proposed facility will not restrict the current uses or other by-right uses available at this property or by-right uses on any other property. What additional regulations provided in Section 5.0 of the zoning ordinance apply to this use? ATTACHMENT A Section 5.1.12, and Section 5.1.40 How will this use promote the public health, safety and general welfare of this community? The existing faCility provides increased and improved wireless telecommunications services to this portiOn of Albemarle County, especially emergency communications, and increases overall communication services to individuals living in the area and to businesses of all sizes that conduct business in the area. Describe your request in detail and include all pertinent information such as numbers of persons involved in the use, operating hours, and unique features of the use: Triton PCS, Inc. ("Triton") requests that condition 2(b)of the existing special use permit (SP 01-08) be amended to alter the diameter limit applicable to the pole of the wireless telecommunications facility. The existing permit was approved subject to a list of conditions. Condition 2(b) limits the diameter of the pole to 30 inches at its base and 18 inches at the top. Due to a construction planning error, the pole was inadvertently built using a Pole with a diameter in excess ofthecondition limits. As built, the base of the pole is 39.19 inches and the top is 23.4 inches in diameter. Therefore, Triton proposes to amend condition 2(b) to allow the base of the pole to be 39.19 inches in diameter and for thetop to be 23.4 inches in diameter. As required by the existing permit, the pole, antennas, ground equipment and utility meter stand were all painted a flat, dark brown color that enables the facility to blend in with-the numerous other trees on the heavily wooded parcel. In addition, the facility is only one foot taller than the top of the tallest tree within 25 feet. Because the facility is sited on a steep upward grade, the natural topography provides effective backdrop, thereby mitigating (and essentially eliminating) the facility's visibility from the Entrance Corridor. From Route'250 the pole is surrounded by a wooded backdrop such that the facility is nearly impossible to locate. The visibility from nearby properties is quite minimal, even during the current winter months when the trees are bare of foliage. The base ofthe pole will be further screened from nearby properties by the addition of the required landscaping during the next planting season. And during the months of'the year when the trees have foliage the visibility will be diminished even more. When the facility was constructed an access road was built along an existing cleared path, and the lease area was sited in an existing cleared area. As a result, none of the many trees surrounding the lease area were removed during the construction of either the road or the facilitv. As such, the larger diameter of the facility is not noticeable to, nor does it have an adverse visual impact on any of the neighbors or other members of the public living near or traveling past the facility. Therefore, it would be reasonable for the Board to grant the proposed amendment to condition 2(b) to increase the diameter limits of the pole. 10 ATTACHMENT A In addition, amending the condition to allow for the larger diameter would not have an adverse on the health, safety or general welfare of the community. Nor would it be inconsistent with the County's wireless policy, which provides that visibility is the mOst important factor in reviewing proposals for wireless facilities. The fact that this existing facility, even with the larger diameter, does not have an adverse visual impact on the surrounding community or on the character of the area is yet another reason why it would be reasonable for the Board to approve this amendment. The facility emits no noise, odor or glare. Nor does it interfere with television or radio reception in the surrounding areas. The facility is not lit, and the amendment to the condition would not impact the lighting. Triton carefully selected and designed the proposed facility to provide a structure that provides adequate height and range of coverage, while meeting the goals of the community by minimizing the impact of.the facility on adjacent or nearby properties. Location of the facility on this parcel enabled Triton to construct the facility with only a minimal amount of grading and clearing, which further enables the facility to blend in with the existing vegetation and topography, and results in the very low visibility. The subject parcel is zoned Rural/Agricultural. The sun'ounding properties within 2000 feet of the proposed facility are primarily used for rural residential and agricultural purposes. Included with our application is a large copy of the topographical map of the property showing the nearby residences. The tract of land on which the site is located contains 5.144 acres. Ms. Bright also owns the adjacent parcel (tax map 58, parcel 61). The facility strictly complies with the County's wireless design manual. The antenna panels are flush-mounted to the pole and do not extend above the top of the pole. The pole is painted flat brown and the antenna panels, equipment cabinet and cables are also all painted to match the color of the pole. In addition, the concrete pad is tinted earth tone to blend in with the surrounding wooded area. The design and the siting of the facility minimizes its visibility from the road and from surrounding properties, as it blends in with the existing trees in the area. The facility is visited approximately one time per month for routine maintenance checks. The facility does not impact the provision of services by Albemarle County. As a telecommunications facility; this proposal serves the community by fostering increased communications, especially emergency communications. Most importantly, due to its design and precise location and siting, the facility is nearly invisible from many locations, including from Route 250, and only minimally visible from nearby residences. \\REA\I01100.1 ,': 7 t%, r?')' , o~...~':,'~" '~Vl:?..', ' 44.9.3' --;1[ u o?"45':~" ,,:, I ~ N 19"leto w', ]; 5.1440 AC. 41 "B'""'""~[ ' '.,.0 N 26°15'24"~.W~~ VICINITY MAP TMP r.,~'e.~A TMP 58-52 The division ~f the land deccribed herein Ls with the free consent and in accordance with the de, ire of kite u~de~"-igned owner, pro~er~ics and ~ru-.tce~. Any reference to future development is to be deemed theoretica~ only. All ~-tatementu are ~rue and correct to the best nf my knowled.jo. STATE -.'~Y VIRCI:II.Ar f,,r the State aforesaid do certily ~;~ the forugohsg vr[ttn~ ~arinE date of Circe under my hand this ~Il_ Oars. SUBDIVISION PLAT OF 5.144 ACRES A PORTION OF TAX MAP 58-61 PROPERTY BELONGING TO CLAY M PEYTON IVY DISTRICT ALBEMARLE COUNTY, VIRGINIA SCALE' I"=100' JUNE 18, 1987 APPROVED FOR RECORDATION · -- OA, E GLOECKNER, LINCOLN a OS~RNE, INC. 11~.5701 NOTE : ONE OIVISION R~GIIT IS COffit[Yrr. r.O wi'rtl THIS ~JB01VlSl~q. RESIDUE TO RETAIN ALL REMA~af,'G DEVELOPt.',CtlI' ":~'"",..¢ ~ '..~; I HEREBY CERTIFY THAT THE ' · ' 3,5 81'"--",'~'?'"- 5.144 ACR[ ir 'RE, EL CONTAINS A Bt. JILDARLE AREA. 1N EXCESS ~c'(. N ?.5°44'01'' ~ \ ~ 'A,p~ -". OF ~50,C90 SQ. FT. AND LESS ~'" ~__,'n THAN - ,¢-,---- ·. · .,... , _ '.~ . .-,Tj.~. - r .... ..-.. '.,. ~.: ~ -,... ,_., ,.,., ,., ~ \'L~ (7.07.45' TOTt4_) ,, \ ~,::s.oo' ATTACHMENT A LiMrrr_,o AUTHORIZATION TO ACT AS APPLICANT ANO AUTIIORlZATION TO SUBMrF LAND USE APPLICATIONS //./ - . Crown Communications Incorporated, Triton PCS, Incorporated, and/or representatives thereof, to represent 7'-~' ~tBcv~- before any municipal or County Govemment for the sole purpose of obtaining land use permits and/or variances as may be required for Crown Communications Incorporated and/or Triton PCS, Incorporated to place telecommunications towers, antennas, transmission lines, mounting devices and other related equipment on the property of,/A/t~~- ~f/- located This authorization shall specifically include thc right to submit land use applications on behalf of 'r/q~ ' ~ ~v ~t ~" , including, but not limited to applications for special use permits, certificates of appropriateness, and variances. WITNESS the following signature: \~RF,,A~5983.2 13 ATTACHMENT A 777 TILLMAN ROAD ' ~ ~ KIRKA.~RS tl CHARLOTTESVILLE' VA 22902 ~ ~2o19976 ii LEGEND '~ DRAWING INDEx SITE DIRECTIONS ~ '11 ~ ~ n m~ ([) ~ ;, .~t t~/~¢ ~ . , ~sT. GO pAST IW ViRGiNIAR~ 250 B~ASS. pROcEED~RN RIGHT ON Rou~TO R~ 250 ~_~ IIi, ~.. .--.= .-, FOUNDATION a cABLE BPI EL - ------ ' ~ --u TREE HEIGHT ELEVATION iip R 0 o E CT S U M M A R Y' , , ,. : c"ARLO'~"~;vA ALBEMARLE COUNTY ,, 'TT~ PARTiciPANTS. i ] ; I siTE NUMBER: CVR'350E PROPERTY OWNER: ELIZABETH BRIGHT ' } SITE DATA:,: ~ 777 TILLBAN ROAD .... SiT~ NAME: BRIGHTcHARLOTTESViLLE.(TRITON PCS)vA 22902;' ~ . LATITUDE: N 38-03-56.6 (NAD 83) ~-- ,,- ,~' "~* ,, CHARLOTTESVILLE, VA 22902 SITE ADDRESS: 777 TILLMAN ROAD ~ ' r' LONGITUDE: W. 78'-37'-05,3" (NAD 83) ' ~'~ ~ ./~ ,/* , TITLE sHEET APPUCANT: TEJTON PCs : /_: 9211 ARBORETUM PARKWAY, SUITE 200 GROUND ELEVATION: 807.5 FT (AMSL) u,? ~~ AMSL= ABOVE MEAN sEA LEaL : ~'~. ~m ~ RICHMOND. VA 23236 "/' DEED BOOK-PAGE: i908/125-130 :~ cONSTRUCTION USGS MAP: CROZET ~,.~ .. TAX ~AP~ ~ ; PERSON: (804) 325-9500, EXT 220 cURRENT ZONING: RA /., ~s~ ~ JURISDICTION: ALBEMARLE cOUNTy ' ~ I 820 GRAPHIC SCALE: GENERAL NOTES ! mneb . ~0 fL 1. TAX MAP PARCEL #: 58-~1A, 2. PROPERTY OWNER: ELIZABETH MICHIE PEYTON BRIGHT, D.B. lg08, PG, t28 3. BEARINGS SHOWN BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM - (8OUTH ZONE) 4, ALL OIMENSIONS SHOWN RELATIVE TO THE LEASE AREA ARE TRUE AND CORRECT. DIMENSIONS FROM THE LEASE AREA TO THE UNSURVEYED PROPERTY LINES ARE APPROXIMATE ONLY. 5. HORIZONTAL DATUM - NAD 83 [2C ACcuRAcY) 6. VERTICAL DATUM - NAVD ~8 (2C ACCURACY) 7. LEASE PROPERTY IS LOCATED IN FJ.R.M. ZONE "C" AS SHOWN ON COMMUNITY PANEL ~)(~ ~)0~NN 86~1~Z~ ED~ETDE i~ESMAZEDRJ~ L!~.,l?~ ~F,.L.~O~.. _Z, .O.N._E_OETE RMiN AT,ON IS BASED ON THE ..... ~ ~',Jl~O r, lu/IMP~.¥ Il'fAT THE PROPERTY WILL OR ~, ~_ .o~ B5 F.EE FROM FLOOD,.O ON D,U~OE.) ' o UUBSUFACE INVESTIGATION PERFORMED By RICE ASSOCIATES 9. MAGNETIC DECLINATION IS COMPUTED AND NOT OB8ERVED. 10. NO WETLANDS AREAS HAVE BEEN DELINEATED. :~1. ~Nn DO~ZIDEAS~AI~.D ..A~._E _AS~ OF ADJACENT PARCELB ARE BY OOMPILATION. u u'"'~ll:'~i AND AREAS SHOWN HEREON ARE COMPiCED, AND DO NOT REFLECT A COMPLETE SURVEY OF THE PREMISES. 13. THIS SURVEY HAS BEEN'DONE WITHOUT THE BENEFIT OF A TITLE REPORT. ~m~RA~Z~.~TA~T ;~LiL~T~I~IUyE OF 38°03',,~.8' N AND THE LONGITUDE OF 78°37'05 4'W N I- ~1 FEET HORIZONTALLy AND THAT THE ELEVATION OF 807'.1 IS AC TOWER SITE ¢OO"D'HATES, ARE ,. EET' e z;THE"o' oNTALDATuM '..,v,~u;m, ~u/rte NEAREST TENTH OF A SECOND. -- EDGE DF PAVEMENT .................... EDGE OF ORA*VEL m TELEPHOflE PED ELECTRIC TRANSFORMER R/S RD0 SET R/F ROD rOUND N~TH 69. 72.46 $1.48~ LINE TABLE L2I L~I ~'0~l Cml uo LI L~NE TABL~ Lt4J N1~08'45~ Uel N~3'03~ ~3.0; ~J I49:75' ..- ATTACHMEN*I' A CROWN COblMuN~.ATIOH$, INC. 5372 FALLOWATER ~ SUITE C ROANOKE, VA. 24014 (540)7Z,~-6072 (540)725-7773 FAX TECTONIC , TRITON __)RICE ASSOCIATES 308 TURNERsuiTE G ROAD RICHMOND, VA 23225 TEL: (804) 674-9723 FAX: (804) 674-9'726 ,s,o.s TAX W anr M I)Mi~ TAX W o i 2 GRAPHIC SCALE BRIGHT (TRITON PCS) m CVR-350E 676 (m~) i Jnoh - ~0 fl. 777 TILLMAN ROAD CHARLOTTESVILLE , VA 22902 COUNTY OF ALBEMARLE SITE SURVEY SP 1 12'V~ ~E ~TAIL ~UZ/~C~t MICH~ FE'YTOH m~GHT D.B. le~. PG. 012S T~X MN' ~sa-~lA ~.~4 ~ E]J~ MICH~ I:t'YT0fl BK~GHT D.B. 1~08. PG. 0103 T~X IM~ ISa-St MMY ~ANE DM~ O.B. e92, PG. 0CE TAX 14~ IS~-52A ~(~E ALONG ROADWAY FENCE ("T~SITE PLAN TAX ~ D.B, 584, TAX lAM' LEGEND ' 120 '/////////z ATTACHMENT A TRITON I K~RK A. BOWERS 0~2 019976 (TRITON PCS) CVR-3~OE 777 ~ RO~ CHARLO~S~E. VA 22902 ALBEMARLE COUNTY SITE PLAN _ 4 7 ! , / / , I I I I / I I I I / ~ / (~w~ FGRE$11:D) FROM ~"7'~SITE DETAIL PLAH ~ S CALF.: NOTE: TOWER TOP ELEVATION OF 919.0' AIdSL IS BASED ON THE 104' TALL OAK TREE (TREE i~10) WITH AN EXISTING TOP ELEVATION OF 918.0' (AMSL) EXIST TREE HEIGHT SCHEDULE AS AMSL DIST. FROM POLl T~EE NO. TREE HE~OHTi,B Et TOP 1. 82' 794.00876.00 51' 2. 69' 794.00 865.00 50' 3, 8~r' 797.00 881.00 42' 4. 107' 800,00 907.00 25' 5. 101' 798.00 899.00 ,36' ,, 6, 107' 800.00 907.00 ,32' 7. 95' ~ 805.00 900.00 11' R, 1OR' 804.00 912.00 31' 9, - 96' 812.00 908.00 2,,3' 1~. 104' 814.00 918.00 25' 1 103' 816.00 919.00 57' 12. 102' 817.00 919.00 44' · 13, 111' 810.00 921.00 51' 14. 94' 808.00 902.00 45' ,o .oo ,o,.oo g., ., 16. 80.'3.00 895.00 17. 98' 798,00 896,00 45' 18. i 113' 796.00 909.00 44' NOTE: NO SIGNIFICANT VEGETATION TO BE REMOVED WITHIN 200 FEET OF PROPOSED STEEL POLE. ATTACHMENT A TRITON PC2S. lac sffncb' - /-.i?-.OZ. KIRK A. BOWERS :ll 0402019976 L~ BRIGHT (TRITON PCS) CVR- 350E 777 11U.MAN ROAD 22902 SITE DETAIL PLAN Z-2 ,o'=o BlrS ~ (~) 3' POVER C~T 3' TEL¢O C~NDW? ~/,I. ' SPARE COflOU~T ~-*10'x12' CONC EQUIPMENT PAD CABLE POST CJ,~LE FOR ANCHOR BOLTS /T% EOUIPMENT PAD I/2"= f-~' QCABLE BRIDGE ~;'xTRAPEZE CABLE RUN STEEL ~: $'IEB. POLE I*QV~R GROUND RING CABLE \~.-:s ~/2' D~^ p~ Ca.U~N (TW,~ ~ E~I~T 3/4" PVC (TW') "1 HOT ~.~ NOTE: CABINET TO BC PAIN*lED BROM4, /-- 6x6-6/6 / 16' O,C. STR, --EQUIPMENT G~OUND RiNG 3'-0' (k~t) -" 6' 1HICK COqc. St,.A8 11N1ED F..AR~HTONE. / ~./~.EOUIPMENT FOUNDATIO~ %~.~,/ ~L~ : 3/4°. I' / /'CRUSHED STONE ATTACHMENT A TECTONIC BRIGHT TRITON PCS) CVR- 350E 777 I]LLMAH ROAD HARLOTTESVILLE, VA 22901 ALBEMARLE COUNTY CABLE BRIDGE DETAILS PAINIF. O BROq~tt ~ '~NTI~N-N-~ND COAXIAL CABLE SCHEDULE 1RX ANTENNAMECHANICAL ANTENNA SECTOR ANTENNA ~ COAXIAL CABLE AZIMUTH RAD COAXIAL CABLE NO. OF CABLES COAXIAL MINIMUM TMA TYPE COLOR COOE CONFIGURA~]0N DO~INTILT MARK 'FEED LOCATION CENTER PER ANTENNA CABLE LENGTH BENDING RADIUS RRgO-17-O2DP ANDREW A-1 I (56.xB.x2,75,) BOTTOM 115' 109.5'1 5/8"# LDF7-50A 2 EA. 250' 10" LOP B BAND G/GG RX/TX O' RR90-I 7-02DP ANDREW a-t 2 (56'xB'x2.75") BOTTOM 2,30' 109.5' I 51/8'~ LDF7-50A2 EA. 250' 10' LGP B BAND B/BB RX/TX O' TOTAL LENG1H 500 FT --'--- 2' U~H'INING ROO AT TO~ OF' POLE I' 0 BASF. TAPERING TO POINT / GROUND LEaL (AOL) glg. O' ABOVE M~.AN S;A ~ (~s[) FI~OSED FOUNOA~ION I1N~E~ EARIHTO~E / DEEi~NI~ BY 01HERS NOTE: TWO COAXIAL CABLES PER ANTENNA NOTE: 'IRI-ANI~NNA MOUNT 91llH ONLY ~ SECTO~ ~ILL Br' UTILIZED ~.,-'-"~AMP-ON ,...~,---'~ mI-AN'i~:HHA MOUNT ~"L x a'W x ~78"0 MOUNT PANEL ~TENNA RRgO-17-02~ 1RI-AN1E:NNA MOUNT A~L ACCESS DRI~ DETAIL QTRI-BRACKET ELEVATION ATTACHMENT A TECTONIC TRITON PCS. Inc I KIRK A. BOWERS 0402 019976 BRIGHT . TRITON PCS) CVR-350E 777 ~u,.,~ VA 22902 ALBEMARLE COUNTY ELEVATION, ANTENNA MOUNTING DETAILS Z-5 _E 915' 910' 905' 900' 895' 890' 885' 880' 875' 870 860' 85O 845 84~ 835 8~0 815' 810' 800! 795' 790' 26" TULIP POPLAR EL=921' 111' TALL 15" OAK El 18" OAK 24" DOUBLE Et 14" OAK 111.5' STEEL POLE EL= 919.0' 111.5' TALL\ 24" OAK EL=919' 103' TALL 24" OAK 16" OAK 16" OAK 18" OAK TALL 18" OAK 20" OAK IEL=909' 113' TALL 60" TRIPLE OAK 18" OAK TALL 14" OAK 18" OAK EL=881' 84' TALL 22" OAK t2" HICKORY TALL 24" OAK 24" OAK 15" OAK EL= 26" TUUP POPLAR EL=810' 18" OAK //~' ~ 16" OAK., EL:8O8'-/ / EL=8O3' 16" OAK / / TOWER ~/ B--~ / 24" DOUBLE TULIP POPLAR // 14" OAK EL=805' 18" OAK 18" OAK 20" TRIPLE OAK I EL=800' EL 12"HICKORY /EL=794 EL=79,~' 4" OAK QTI~EE HEIGHT ELEVATION EXISTING GROUND NOTE: ATTACHMENT A TECTONIC LtJ 0 TRITON yEW L, ~-cs. ,r.,~ I ~ ' -Sure.om-I TREE DIAMETERS SHOWN ARE TO SCALE AS MEASURED AT BASE OF TREE, TREE NUMBERS CORRESPOND WITH TABLE ON SHEET Z-2 POLE DIAMETER VARIES FROM 39.19" AT BASE, TAPERING TO 25.4" AT TOP. BRIGHT . (TRITON PCS) CVR- 350E 777 11LLMAN ROAD VA 22go2 ALBEMARLE COUNTY TREE HEIGHT ELEVATION Z 6 ['?~VIEW LINE PLAN Z1 2' LiGHTNiNG ROD AT TOP OF POLEi 1" BASE, TAPERING TO POINT~ CLUSTER ANTENNAS poLE 11115' ABOVE GROUND LEVEL (AGL) 919.0' ABOVE MEAN : SEA LEVEL (AMSL) ANTENNAS (TYP OF 2) EL, 109.5' (AGL) STEEL POLE PAINTED BROWN sCos EQU pMENT P.A, INT.E,D BROWN ON · 10Xt2 CONC. PAD TINTED EARTHTONE i AMERICAN HOLLy 5' MIN. HEIGHT @ 15' CENTER: GRADE EL. 807:5' (AMSL)-~ ATTACHMENT A TECTONIC [ PCS, lnc TINTED EARTHTONE TOWER :ELEVATION ~ sCALE: 1-=20, 7 NOTE: POLE DIAMETER VARIES FROM 39,19" AT BASE ' TAPERING TO 23.4" AT TOP. . BRIGHT : (TRITON PCS) CVR'350E 777 IILLUAN ROAD , VA 2290: ALBEMARLE COUNTY TOWER ELEVATION Z-5 ALBEMARLE GOUNTY :SC ~ 38 74. SAMUEL MILLER DISTRICT ATTACHMENT B 59 SECTION 58 "-22 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 ATTACHMENT C August 15, 2001 Michael R. Fogarty, Esquire McGuireWoods, LLP P O Box 1288 Charlottesville, VA 22901 RE: SP-2001-008 Elizabeth M. Peyton Bright; Tax Map 58, Parcel 61A Dear Mr. Fogarty: The Albemarle County Board of Supervisors, at its meeting on August 8, 2001, unanimously approved the above-noted request. Please note that this approval is subject to the following conditions: The top of the pole, as measured Above Sea Level (ASL), shall never exceed one (1) foot above the top of the tallest tree within twenty-five (25) feet of the facility as measured Above Sea Level (ASL). No antennas or equipment, with the exception of a grounding rod shall be located above the top of the pole; The facility shall be designed constructed and maintained as follows: a. The metal monopole shall be painted a natural brown color; b. The diameter of the pole shall not exceed thirty (30) inches at its base and eighteen (18) inches at the top; ? c. Guy wires shall not be permitted; d. No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein; e. The ground equipment cabinets, antennas, concrete pad and 'all equipment attached to the pole shall be dark brown in color and shall'be no !arger than the specifications set forth in the attached plan entitled "Bright (Triton PCS)", sealed and dated June 4, 2001; f. A grounding rod, whose height shall not exceed two (2) feet and whose width shall not exceed one (1) inch diameter at the base and tapering to a point, may be installed at the top of the pole; g. Prior to the issuance of a building permit, the permittee shall provide a statement to the Planning Department by a registered surveyor certifying the height of the tree that has been used to justify the height of the monopole; 23 ATTACHMENT C Page 2 August 15, 2001 Within one (1) month after the completion of the pole installation, the permittee shall provide a statement to the Pla nning Department certifying the height of the pole, measured both in feet above ground level and in elevation Above Sea Level (ASL); The pole shall be no taller than the height described in condition number one (1) of this special use permit without prior approval of an amendment to this special use permit; The facility shall be located as shown on the attached p an entitled Bright (Triton PCS), sealed and dated June 4, 20~1. Equipment shall be attached to the pole only as follows: a. The number of antennas shall be limited to three (3), at the sizes shown on the attached plan entitled "Bright (Triton PCS)", sealed and dated June 4, 2001; b. No satellite or microwave dishes shall be permitted on the monopole; c. Only flush mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure, shall be permitted. However. in no case shall the' antennas project out from the pole more than twelve (12)inches; Prior to beginning construction or installation of the pole or the equipment cabinets, or nstallation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures,and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installations associated with the pole and equipment pad. including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or utility access. A special use permit amendment shall be required for any future tree removal within the two hundred (200) foot buffer, after the installation of the subject facility; The pole shal be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; The permittee shall submit a report to the Zoning Administrator one (1) time per year, no later than July I of that year. The report shall identify each user of the pole and shall identify each user of the pole and identify each user that is a wireless telecommunication service provider; No slopes associated with construction of the pole and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed; 24 ATTACHMENT C Page 3 August 15, 2001 Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield orshielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; 10. 11. The permittee shall comply with section-5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted; The facility shall be screene~J from the property line located to the east with a species of shade tolerant screening trees to be approved by the Plan ning Department's Landscape Planner. Vegetation provided for such screening shall consist of a double staggered row of trees, planted fifteen (15) feet on center; and 12. The permittee shall submit a revised set of site drawings to the Department of Planning and Community Development. Pdor to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed in the final revisions of the construction plans: In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) 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, 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 thereof which is thereafter completed within one (1) year. 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 296-5875. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, · y " erg Director of Planning &Com un~i Development VWC/icf Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve Allshouse Bob Bali. VDOT .25 FAX (434) 9724126 COUNTY OF ALBEMARLE Deparanent of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 229024596 TELEPHONE (434) 296-5832 ATTACHMENT D TID (434) 9724012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION Date Notice of Determination is giver[: December 21, 2001 No: VIO-2001-345 CERTIFIED MA~ # 7000 1530 0005 4546 5045 CERTIFIED MAIL # 7000 1530 0005 4546 5052 Triton PCS Attn: Dale Finocchi 9211 Arboretum Parkway, Suite 200 Richmond, Va. 23236 Elizabeth Bright 777 Tillman Rd. Charlottesville, Va. 22902 Property: 05800-00-00-06tA0 Tax Map and Parcel Number Elizabeth Bright Owner of Record You are hereby notified that after an investigation of the above-described property, the Zoning Administrator has determined that the following constitute violations of the Albemarle County Zoning Ordinance: The installation of a pole that exceeds the maximum alloWed diameter and therefore is not in compliance with; 1.) The approved site plan [CVR-350E] 2.) The approved special use permit · ~ V [SP-2001-008]. Condition number 2.b.ofthe Albemarle County Board of Supervisors appro al is not being met (see attachment for conditions). Section 32.2 Site Plan A site plan shall be required for any construction, use, change in use or other development in all zoning districts... Site Plan: A plan satisfying the requirements of section 32 of this chapter that delineates the overall scheme of development of one or more lots including, but not limited to, grading, engineering design, construction details and survey data for existing and proposed improvements. The document identified in this chapter as a site development plan is a site plan. VIO-2001-345 Page 2 ATTACHMENT D December 21, 2001 Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such " ce" erection or use in violation of any provision of this omman . You are hereby ordered to cease and desist from operating the tower [site CMR-350E] immediately. Your failure to comply with this order may result in legal action being taken against you. You are also hereby ordered to begin action to bring the site into compliance immediately and have the property in compliance by January 3I, 2002. Your timely compliance with this order does nos excuse the violation cited herein and does not preclude the County/rom pursuing further legal action for these violations. If you are aggrieved by this determination, you have a fight to appeal it within thirty (30) 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 wi~h the fee of $95. The date notice of this determination was given is specified above. If you have any questions, please contact Mr[ Kelly Rider at 434-296-5832 (e_rt. 3033). Ametia ~J. McCulley, A.I.C.P. I ~" ' Zoning Administrator County of Albemarle, Virginia Cc: Reading File VIO-2001-345 27 COUNI'Y OF ALBEMARLE Department of Planning & Community Development 401 M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 -4012 ATTACHMENT E December 18, 2001 M. E. Gibson, Jr Tremblay & Smith, LLP 105-109 East High St Charlottesville, VA 22902 RE: SP-2001-031 Orrock (nTetos); Tax Map 92, Parcel 5A Dear Mr. Gibson: The Albemarle County Board of Supervisors. at its meeting on December 5. 2001, unanimously..approved the above-noted request. Please note that this approval is subject to the following conditions: The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet above the top of the tallest tree within twenty-five (25) feet of the facility as measured Above Sea Level (ASL). No antennas or equipment, with the exception of a grounding rod, shall be located above the top of the pole' The facility shal be designed, constructed and maintained as follows: a. The metal pole shall be painted a brown that is consistent with the color of the bark of the trees; b. Guy wires shall not be permitted: c No lighting shall be permitted on the site or on the pole, except as provided by condition number nine (9) herein: The ground equipment cabinets, antennas, concrete pad and. all equipment attached to tt~e pole shall be dark brow,~ in color and shall be no larger than the specifications set forth in the attached plan entitled "Orrock (CV 327)"; A grounding rod. whose height shall not exceed two (2) fee~and whose width shall not exceed one.inch diameter at the uase and tapering to a point may be installed at the top of the pole. Pdor to issuance of a building permit, the applicant shall provide a statement to the Planning Department by a registered surveyor certifying the height of the tree that has been used to iustify the height the monopole: Within one month after the completion of the pole installation, the applicant shall provide a statement to the Planning Department certifying the height of the pole, measured both in feet above ground level and in elevation above.sea-level (ASL); The pole shall be no taller than the height described in condition number 1 of this special use permit without prior approval of an amendment to this special use permit. 28 ATTACHMENT E Page 2 December 18, 2001 The diameter of the pole shall not exceed fifty (50) inches at its base, and twenty (20) inches at the top. This is a change from the standard condition which requires a smaller diameter for the pole to allow the use of a larger diameter pole which the applicant has in inventory and has requested to use at this particular site. The facility shall be located as shown on the attached plan entitled "Orrock (CV 327)"; Equipment shall be attached to the pole only as follows: a. Antennas shall be limited to the sizes shown on the attached plan entitled "Orrock (CV 327)"; b. No satellite or microwave dishes shall be permitted on the monopole; c. Only flush mounted antennas shall be permitted. No antennas that project out from the pole beyond the minimum required by the support structure shall be perfnitted. Hdwever, in no case shall the antennas project out from the pole more than 12 inches; Prior to beginning construction or installation of the pole or the equipment cabinets, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the Director of Planning and Community Development for approval. All construction or installation associated with the pole and equipment pad, including necessary access for construction or installation, shall be in accordance with this tree conservation plan. Except for the tree removal expressly authorized by the Director of Planning and Community Development, the permittee shall not remove existing trees within two hundred (200) feet of the pole and equipment pad. A special use permit amendment shall be required for any future tree removal within the two hundred (200)-foot buffer, after the installation of the subject facility. No tree shall be removed that would allow the facility to be visible from Rt. 53 prior to the Architectural Review Board's approval of a certificate of appropriateness; The facility' shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. If the Zoning Administrator determines at any time that surety ~s required to guarantee that the facility will be removed as required, the permittee shall furnish to the'Zoning Administrator a certified check, a bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an amount sufficient for, and conditioned upon, the removal of the facility. The type of surety guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney; The applicant, or any subsequent owners, shall submit a report to the zoning administrator by July 1 of each year. The report shall identify each user of the facility that is a wireless telecommunications provider; Outdoor lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply; The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall not be permitted; ATTACHMENT E Page 3 December 18, 2001 10. No slopes associated with construction of the facility and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed; and, 11. The applicant shall submit a revised set of site drawings to the Department of Plann lng and Community Development. Prior to the issuance of a building permit for construction of the facility, Planning staff shall review the revised plans to ensure that all appropriate conditions of the special use permit have been addressed in the final revisions of the construction plans. In the event that the use, structure or activity for which this special use permit is issued shall not be commenced within eighteen (18) 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, 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 thereof which is thereafter completed within one (1) year. 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 296-5875r If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, / VWC/jcf ~ Cc: Amelia McCulley Jack Kelsey Tex Weaver Steve AIIshouse SCALE 'DRAWING OF TOWER PROFILES Dimensions proposed by Triton in Drawing Z-5: "approx. 25" at base tapering ' to approx. 10" at top" Maximum dimensions authorized by Planning Commission: 3O" at base, 18" at top Dimensions of tower actually built: 39.19" at base, 23.4" at top Profile is 30% larger than authorized; 78% larger than proposed 111'-6" (AGL) ,I J TEOT~,J~ ~ J- TRITON PCS, Inc J J 5372 FALLOWWAIB LANE I 032825 I1:- PIIOJECT NO. DRAWN BY CHECK BY SUBMITTALS IO. DATE B~UE 0 04-23-02 ISSUED FOR E~EW 2 4* 5' 7 .9 ORIOlNAL SIZE IN INCHES BRIGHT (TRITON PCS) CVR- 550E 777 TILLMAN ROAD .,HARLOTTESVILLF, VA 22902 ALBEMARLE COUNTY HEEl' ~ I P OLE ELEVATIONS I ~HI~T #UWIFJ TOWER AS PROPOSED BY TRITON BASE--25" TOP =10" ~ z I--a_ LO '" .r,..~ ~ a I ~ll;l - f~ ~ ~ Ill I[ o Ill Iii G~A~C SCA~ 8 0 4 8 16 MAXIMUM DIMENSIONS AS AUTHORIZED BY PLANNING COMMISSION BASE=30" TOP=lB" ( IN FEET ) 1/8" = l'-0" ACTUAL DIMENSIONS OF TOWER AS BUILT BASE=39.19" TOP=25.4" 2' LIGHTNING ROD AT TOP OF POLE, 1" BASE. TAPERING TO POINT---k. PROPOSED CLUSTER / W/TMAsMOUNTED ANTENNAy PROPOSED CABLE BRIDGE --% PROPOSED SC. CS ~ EQUIPMENT PAINTED " BROWN ON 10'X12' ~ CONC. PAD TO BE ~ TINTED EARTHTONE .-~ PROPOSED 8' WOOD % SCREENING FENCE ---% PROPOSED ,~' DIA. ~ RHODODENDRON --,~ T/EXISTING GRADE EL. 807.5' (AMSL)--~ ( TOWER SC LE: =2o r-T/STEEL POLE 111.5' I ABOVE oROUND LEVEL (AOL) I 919.0' ABOVE' MEAN iSEA LEVEL (AMSL) [~ PROPOSED DAPA 5801OX ANTENNAS (TYP OF 2) @ EL. 109.5' (AGL) PROPOSED 111.,5=., STEEL POLE TO BE PAINTED BROWN -'-EXPOSED FOUNDATION / / TO BE TINTED / EARTHTONE ELEVATION NOTE: PROPOSED POLE DIAMETER VARIES FROM APPROX. 25" AT BASE TAPERING TO APPROX. 10" AT TOP. ECTONIC ~ · "' TRITON SfinC ' - KIRK A. BOW~R.~ BRIGHT TRITON PCS) CVR-350E 777 ~U. MAN ROAD ALBEMARLE COUNTY TOWER ELEVATION Z-5 Albemarle County Board of Supervisors May 6, 2002 May 15 Agenda Item SP 02-004 Bright-Triton PCS I am writing to aSk you to deny Triton's request to amend its special use permit for its cell phone tower at 777 Tilman Road. My house at 742 Tilman Road is across the roid, and directly west of the tower. am enclosing a picture of the tower taken from my. front yard laSt March 9, showing how it looks .when the trees are bare. Because the tower site is only about 1500 feet from our front porch, my family and I were active participants in last year's conversations with Triton over siting details and concealment. Throught those meetings Triton discussed using a wood pole'at this site, and handed out pictures of what a wood pole installation would look like. Late in the process I learned that they were asking to use a steel tower instead of wood, bm their own engineering drawings specified it would be only 25" at the base and I0" on top - about the same size as wood. I understand that last year Albemarle County began to approve quite a number of steel poles for cell phone installations, if steel is going to become the industry standard instead of wood, I think this case illustrates how important it is for the' County to regulate - and enforce - the width of these poles. In the winter, woOden poles can blend in reasonably well with a clump of trees, but a 39" steel tower camaot be disguised. I hope you will deny Triton's request and require them to replace it with a wood pole or the 25" steel pole specified in their approved drawings. Thank you very much, Tom Purvis 05-07-02P02:.09 RCVD Glenaire Neighborhood Association To the' Board of Supervisors Albemarle County May 2, 2000 Ref.' SP 02-004 Triton PCS I am President of the Glenaire Neighborhood Association, a community on Tilman Road immediately west of this tower. On behalf of our 63 households I urge you to deny Triton's request -- not because we take pleasure in insisting that the company correct a costly mistake, but because that mistake broke Triton's promise to the neighborhood and to the County. Some of our members have asked me to emphasize that we in Glenaire are not trying to resist change. A lot of us who use cell phones even look forward to better reception. But we are sort of old-fashioned about keeping promises. Two years ago the Planning Commission told Triton that its original site for this tower was unsuitable. It told Triton to find a better location and to work with the neighbors on the details. And that's what we did. Over the course of several months our members and other neighbors cooperated with Triton and discussed a number of adjustments on siting and appearance. Triton showed us pictures of thin wooden poles that they said were what we could expect. At the last minute we heard they wanted to switch to a steel tower, but we understood the County would impose strict size limits and conditions on visibility. We trUsted that the County's conditions of approval would protect us. So we dropped our objections. It never occurred to us that Triton would fail to live up to its side of the bargain. The current site is far better than the first but still has its limits. Its trees can only shield a slender po!e, not the immense pole that Triton installed. During late fall, winter and early spring this pole is very prominent and precisely the eyesore we had feared. Triton. admits it made a careless mistake by ordering the wrong pole. They told the Planning Commission it was inexcusable. Even so, the company is not of a mind to do the right thing. We hope you will concur with the Planning Commission and deny its request. Jerry N. Showalter SteVen H. Rubin To; Board of Supervisors, Albemarle County, VA Date: May 2, 2002 Subject: Cell tower (Triton) I write as an Ivy resident concerned by much more than the fact that' Triton's tower on Tilman Road has nearly three times the-mass the neighborhood was assured it would have. I am concerned with the implications that approval of Triton's newest request would have for the County's planning process. At the express direction of the Planning Commission, our neighborhood entered into discussions with Triton over the location, size, and visibility of their proposed tower. This is one of the few cell towercases I'm aware of in which area residents participated extensively, and we felt the process worked well. The Planning Commission gave effect to the agreement we 'reached in the conditions it placed on Triton's Special Use Permit last summer. We negotiated in good .faith, trusting the County would do its part to ensure that Triton carded out its end of the bargain. In its April 2002 five-to-one decision against the overs/zed tower Triton erected, the Planning Commission lived up to our expectations. Shortly before voting with the majority, one Commissioner said that to vote any other way would raise the question, "Why have a Planninguommass~on- ' ' ?". What is at stake in Triton's request is the integrity of the planning process in Albemarle County and the County's credibility in inviting.citizen participation in the future. 879 Tilman Road, Charlottesville, Virginia 22901 (434) 293-8815 Harvey J. Wilcox Turner Mountain Road Post Office Box 338 Ivy, Virginia 22945 Telephone (434) 984.3133 Fax (434) 984-6669 MEMORANDUM For the Chairman and Members of the Board of County Supervisors Albemarle Coumy May 7, 2002 Re: SP 02-004 Bright-Triton PCS I recently sent each of you the attached photographs and covering letter to explain the disbelief Triton's application has generated in this neighborhood. Todav I can further report that 23 households on Turner Mountain urge you to deny thecompany' 's request. In a nutshell, Triton asks you to excuse a mistake it admits was "inexcusable" (Planning Commission tape of proceedings for 4/23/02). · Its county-approved drawings promised a 25" tower (Dwg. Z-5 dtd 6/4/01 attached). · The Board was told it was approving a 25" tower (Sups.minutes for 8/8/01 attached). · Staff specifically reminded Triton of the diameter limit (memo of 9/27/01 attached)i How, then, did Triton come to erect a 39.' tower only two months later? · The diameter limit "got lost" when ordering the pole (P1. Com.tape 4/23/02). Did not Triton agree to the diameter limit, in writing? · "Sure" (P1. Co'm.tape 4/23/02). Was there any justification for violating the limit? · "There was no reason we couldn't comply with it" (P1.Com. tape 4/23/02). This is a three-section steel pole that can be disassembled by crane as readily as it was assembled. The company's suggestion that pole replacement might damage surrounding trees was rejected by a Planning Commission member as an unacceptable "veiled threat" (P1. Com.tape 4/23/02). The most plausible explanation for wanting you to ratify its mistake? · Replacement will cost Triton "around $52,000" (Pi,Com. tape 4/23/02). By 5-1 vote the Planning Commission denied Triton's request, finding that it had breached its agreement with the County as well as its agreement with the neighbors. We urge you to do the same. Respectfully, .?: . ' ' 2' LiCHTi~ING ROD AT ,T/STEEL POLE.t11.5 -~ ' ToP OF POLE. 1" :BASE ABOVE GROUND LEVEL (AGL) , TAPERING TO POINT....: ~ ' 919.01 ABOVE:MEAN .- : ' · pRoPosED cLUsTER' POSED BApA . MOUNTED ANTENNAS/ Il ' i8010X ANTENNAS · - · W/TMAS / l/' (TYP OF 2)' ' · · "© EL, 109.5 (AGL) PRO¢OSED CABLE BRIDGE ---------~' .I/ ' i ' / >PROPOSED ili 5' ' - PROPOSED sc. cs X : : II/STEEL pO,E TO:: : I EQUIPMENT PAINTED 19 BRoWN~ oN 10'X12' BE PAINTED BROWN , :' CONC. PAD TO BE :. i TINTED EARTHTONE ~ PROPOSED .8' wOOD PROPO DSE 4, DIA.. . ,I . RHODODENDRON ~ XPOSED : i . - ~ ' ~ TO BE)ATIONTINTED .', T/EXISTING GRADE : EL, 807:5!: (AMSL)T~ EARTHTONE ~ ' :' R0 POkE,D,AM:: E'ER VAR,ES ~'ROM. ' i NOTEi : P :POSED: APPRQX; 25" AT BASE TAPERING TO (~'1 TOWER ELEVATtO~ ~TO~ :.:C,O.I '¢",: 60 Cir.: R.~ KIRX A. ' "' (rRi. TON PCS) ' ' CVR-350E CHARLOTTES~LLE. VA 22902 [ ALBEMARLE gOUNTY TOWER ELEVATION August 8, 2001 (Adjourned and Night Meetings) (Page 3) does not know how to integrate the visual aspect of what is being discussed without it being on-line video. Mr. James said he would have to check with his engineers but believes they have the capability of doing that. , Mr. Bowerman.said the live video would work if they were able to do it through regular communications and get the band width needed to display it on their website along with the audio. Mr. Jame~ asked if the Board members are in agreement that WlNA should probably provide a visual picture in accordance with the audio-streaming for the public who decides to access.this website. Mr. Bowerman said he personally feels that is something that should be brought back to the Board for further discussion so it can decide what to do based on what it learns. Mr. James said they will be happy to do it. Ms. Humphris said she thinks the consensus would be that the Board members want to be open and available to the public, but they do not want it to be a difficult, discouraging experience for them. They do not want it to have a negative, boomerang effect. Mr. James said he understands the Board's position. H e thinks WINA needs to'research its visual capabilities on the website in accordance with the audio- streaming. Whenever it is convenient, he would like to come back to the Board with that information. Ms. Thomas said if Mr. James has the time this evening, he might like to sit through,. and imagine what he would get from it if he could not see what is going on. During the evening this meetings, meeting the Board deals with zoning matters and often points to maps. He could then see if it is more frustrating than elucidating. Mr. Dorrier said a key issue will be the schedule. The average Person will have to know what is coming up in order to decide whether to tune in. Mr. James said WlNA could easily put an agenda on the website next to the au dio site, as well as a possible visual site. review. Ms. Thomas asked that Mr. James deal with staff when he has the information available for Agenda Item No. 9. SP-2001-008. Elizabeth M. Peyton Bright (Triton PCS-CVR 350E) (Sign #26). Public hearing on a request to allow construc of personal wireless communications fac w/a 114.5' tall steel monopole (appFox 10' above the height of the tallest tree within 25'). TM 58, P 61A, contains approx 5.144 acs. Located on E sd of Tillman Rd (Rt 676), approx 1/2 mi N of intersec w/Rt 250 W. Samuel Miller Dist. (Notice of public 'hearing advertised in the Daily Progress on July 23 and July 30, 2001.) Mr. Cilimberg summarized the staff's report saying the proposal is to install a personal wireless service facility which would be located on a self-supporting metal monopole approximately 25 inches in diameter at its base and 10 inches at its top, and approximately one foot above the tallest tree within 25 feet. There would be two flush-mount panel antennas, nearly 4'8" in height, and a lightning rod would be attached at the top of the pole which would allow th e potential for the attachment of a third antenna in the future. All ground-based equipment would be contained within a brown metal cabinet. Mr. Cilimberg Said the site of the proposed facility is a 900 square foot wooded lease area, situated below and west of the ridge line of Turner Mountain. Access to the facility would be taken from a gravel road within a 20-foot wide private access easement that begins at the east side of Tillman Road (Route 676) approximately one-quarter mile north of its intersection with Route 250 West. The gravel driveway would extend approximately 113 feet to the east and then approximately 474 feet north over an existing dirt road to the lease area. With an exception of the clearing for the dirt road, the hillside and area surrounding the facility site are vegetated with a mixture of large, mature trees and dense underbrush. The nearest house, with separate ownership from that of the property owner where this site is located, is approximately 385 feet away from this site. COUNTY OF ALBEMARLE Department of Planning & Commtmity D¢¥etopment 401 Mchat'ke Road, Room 218 Charlottesville, Vir~nia 22902-4596 (804) 296 - 5823 Ext.3385 Fax (804) 972 - 4035 MEMORANDUM TO: Dale Firmocchi, (804) 3_~-3387 FROM: Stephen B. Waller, Planner DATE: September 27, 2001 RE: SP 01-008 Bri*~at - Triton PCS (Review of Plans for Building permit Submittal) The Department of Planning and Commxmity Development has reviewed the above-mentioned construction plans. The following comments must be addressed prior to approval of the construction drawings and issuance of a building permit: t. Provide proper notes on the construction plans to indicate that the recommendations of the certified arborist's report will be inte~ated into the installation, specifically the post- construction fertilization of the roots of 14 inch oak identified as number 7 and the 16 inch oak identified as nm~aber 9. This-is especially important because number 9 is the tree for which the approved heigtxt of the monopote is based, and all necessary precautions must be taken to preserve its health. 2. Tree number 9 must be marked so that it is clearly identified by inspectors in the field. . ' * proposed monopole will be in 3, Provide irfformatmn on the plans to demonstrate that the compliance with condition 2(b), which restricts the diameter of~ the pole at its top and bottom. Please contact me if you have any further questions or require additional information. Copy: 01-008 SCALE DRAWING OF TOWER PROFILES Tower promised in Triton drawing Z-5: "approx. 25" at base tapering to approx. 10" at top" Maximum tower authorized by countV: 30" at base, 18" at top- Tower built bY Triton: 39.19" at base, 23.4" at top profile is 30% larger than authorized; 78% larger than promised Volume is 170% larger than authorized; 287% larger than promised "~NADVERTENTLY BUILT" 39-INCH TOWER "BLENDING IN" WITH SURROUNDING TREES (PHOTO TAKEN FEBRUARY 9, 2002) PHOTO DISTRIBUTED BY APPLICANT AT NEIGHBORHOOD MEETING TO ALLAY CONCERNS ABOUT SIZE OF PROPOSED TOWER (PHOTO DISTRIBUTED BY TRITON REPRESENTATIVES ON MAY 23, 200'1 PRIOR TO JUNE 26, 200'1 HEARING) "NEARLY ~NVIS~BLE" TOWER V~EWED FROM MORGANTOWN ROAD '~/2 M~LE AWAY (PHOTO TAKEN APPR~L ilO, 2002 NEAR MURRAY ELEMENTARY SCHOOL) VIEW FROM THE WEST (PHOTO TAKEN MARCH 9, 2002 FRONI PURVIS RESIDENCE 742 TILNiAN ROAD) P.O. Box 338 Ivy, VA 22945 (434) 984-3133 April 30, 2002 To the Chairman and Members of the Board of County Supervisors: I'm one of many Glenairel Tilman Road and Turner Mountain residents concerned about an item on the Supervisors' agenda for May 15: SP 02-O04Bright-Triton. Triton's lawyer may portray this as a routine cell phone case opposed by a few milkants. We see it as a simple breach of promise by Triton. That was the view of the Planning Commission. Two years ago, Triton tried to squeeze a cell phone tower into an especially poor spot and triggered a fair bit of neighborhood opposition. The Planning Commission agreed it was a bad site, told Triton to find a better one, and asked it to work with the neighbors. Triton did, and the neighbors did. Last spring and early summer we met amicably many times to refine siting details and work out compromises involving visibility. We neighbors were concerned not just about height but also about diameter and the visibility of a beefy pole. Triton insisted it would be slender and circulated photos of a'typical slim wooden pole. At the last moment it asked to use steel, but in its final County-approved drawings specified that the pole's diameter would still be 25" at the base and 10" at the top. 'The County added its own outside limit for steel poles: under no circumstances wider than 30" at the base and 18" at the top. With those and other conditions in place to control visibility, we believed we had done what the County asked, We had made good faith compromises we could live with, and so we withdrew our objections. The Planning Commission and Board approved in late summer. Both bodies commended Triton for working with the neighbors. Then, last Winter, Triton installed a tower 39" at the base and 23" at the top. Applying to amend its special use permit, Triton told the Planning Commission "there was no reason we couldn't comply" with the diameter limits. It simply forgot to convey them to its fabricator, a mistake it called "inexcusable." But Triton said the oversized tower is no more visible than the proper tower woUld have been, and replacing it would cost $52,000. The Planning Commission denied the request 5-1. It found that Triton had breached a condition of its special use permit, as well as its agreement with the neighborhood: We hope the Board will reach the same conclusion. We neighbors are not anti-growth or anti-cell phone. We think Triton came up with a good site. And when the trees are in leaf,, we agree that much of the tower has camouflage. But, for the other half of the year, the enormity of this tower goes undisguised. Such a massive steel pole .simply cannot masquerade, as an oak. Triton gave us the eyesore we had feared, and we're very uPset. We're relying on you to make Triton replace it with the 25" pole it promised. Sincerely, Harvey J. Wilcox Ella Carey , From: Sent: To: Cc: Subject: Schiff, David [DS4JD@hscmail.mcc.virginia.edu] Saturday, April 27, 2002 8:50 AM Sally Thomas chairman Triton cell phone tower Dear Ms. Thomas I am writing in regard to an issue coming before the Board of Supervisors on May 15, namely the issue of the Triton cell phone tower in Ivy. As you know, Triton breached an agreement it had made with the County after negotiations with the neighborhood association. Whether or not this breach was inadvertant (as th~ comapny argues) or intentional, the Board needs to enforce the original agreement and require the tower to come down. If corporations are not made to live up to agreements that communities negotiate w~th them in good faith, then communities will rightly refuse to negotiate with corporations, resulting in a much more hostile dimate. "Innocent mistakes", as Triton claims to have made, are still subiect to laws and contractual enforcement, just as not seeing the speed limit sign is not a valid excuse to a police officer who has pulled you over. I shall certainly take note of your position on this matter, and you will be able to count on me as a supporter in the future if you vote your conscience on this issue of principle. Sincerely, David Schiff, M.D. PO Box 3156 Charlottesville, VA 22903-0156 (434) 981-7922 TO: Albermarle Board of Supervisors DATE: Meeting May 15, 2002 RE: Triton Cell Phone Tower on Michie Bright Property - Tilman Road/Turner Mountain The existing tower, 39" at base tapering to 23" at top, is 78% larger than the approved version 25" at base to 10" at top and 30% bigger than maximum dimensions authorized by the Planning Commission. If this was an "innocent mistake" as claimed by Triton, we seriously doubt that they should be allowed to do any business in this county, or country for that matter. Whatever else might they mistakenly perpetrate? As our elected caretakers, please pay attentions to your citizens. Have Triton honor the agreement and replace the tower with one ofthe agreed upon dimensions. The present one is an insult and an eyesore when visible during the cool seasons. All residents in the area compromised to have a slender tower erected and feel cheated by this blatant disregard of the agreement. Sincerely, 05-03-02A0~:56 RCVO PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON SP-2002-004. Bri ht-Triton PCS- CVR 350E Si n #75. (PLEASE PRINT CLEARLY) NAME MAILING ADDRESS TELEPHONE "' 8 - 9 10 14 17 18 20 22 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON CPA-2001-03. Rivanna Village at Glenmore. (PLEASE PRINT CLEARLY) NAME MAILING ADDRESS Tl=l ~_PHONE '''! 10 - 11 12 ,, 13 14 .... 15 16 -17 18 19 20 - 21 ,., 22 Members of the Albemarle County Board of Supervisors: I am William Orr and we live in the Keswick area. We have about 20 acres along 250 E that is near the entrance to Glenmore across 250 E. I would like to make three points on how the Rivanna Village at Glenmore affects its neighbors, and in some ways, how they have been shut out. Our property was divided into lots recorded July 31, 1948 as a part of the Royal Acres Subdivision. There are also subdivisions near Glenmore such as Milton Heights and Shadwell Estates that were recorded well before the Glenmore Development. I enclose a copy of tax map 79 from about 15 years ago showing that at this time Glenmore was a horse farm in the rural area. In the designation of Rivanna Village at Glenmore most of the land included is the original horse farm that was developed; smaller tracts bought since the original development; and, about 78 acres of adjoining rural land. The older neighboring subdivisions were ignored in the "Village" designation. We are much closer to the proposed commercial development than the Glenmore Club House. It seems to me the village designation should include property of other owners if their property is already subdivided. My second point concerns the use or access to the water line that runs along Rt. 250 E. This 16-inch water line was put in by Mr. Kessler to serve the original Glenmore development. It was taken over by the Albemarle County Service Authority in June 1995 and became a public water line. It is still, however, treated almost as a private line for to gain access one must petition the Albemarle County Board of Supervisors with cause. Stone Robinson School, Clifton Inn, and recently Ramada Inn are now served by the line after their wells became contaminated but there are few other hook- ups. Beverage Tractor, UPS, and the Virginia School Board Association have wells. It seems to me that before another large development is added to this public water line, it should be available to other property owners along its route. My third and last point is an individual one. Before Glenmore was developed, 250 E was a two-lane road with a gravel driveway into the horse farm. Once the entrance to Glenmore Country Club was developed, Rt. 250 was widened to about four lanes with double lanes and landscaping into Glenmore. I started noticing an increase in water and washed trash in our field. It did not dawn on me that the mn-off from this increase of about 1//2 acre of asphalt would not have been drained along the same side of the road where it collected to the creek, but instead sent through two long-existing pipes onto our property. There was no easement for this. I started at the lowest level of VDOT and took the problem all the way to the governor, but got the repeated original answer that the development did not cause a significant increase in mn-off and the natural d~ainage was across our property. I would ask you to review the 'iShotos and attached letters. After two years of severe frustration, i paid to have a ditch constructed oo my side of the road to ha~ndie this ,'insignificant" mn-off. I would ask you to protect adjoining neighbOh trom damage in future development here and elsewhere. Thank.,~' you. William A. Orr May 15, 2002 mai bu~ n~ss hours al the Po*l REW Offic~ in Ruckersvflle, Virgini6. plctt : '~The Ablemarle' County Plan-.: t on' ] ~I'T" ' nlng C°mmiss °n wi~ c°nduct e' ~ ~ ub]ic ~heari'ng ~on?~es~ay~ ~ '-- COU,~- ~.', ...... ~ ~ ~.~ ~w ALBEMARLE '.': ~,~'~~'~';'~'~"?~:~-~' "~ 65 '-% ' .~eeling Room ~7, 5econo / . ;:~ ', < · .'Floor, ~oun~ ~ice But ding, ' Ior ~.~ '. .... 401 ~c?ire Rood, Chodo~e~ "W~i~, / ~ ~ ~ ,. ' ~ .. vilie, V~rgmno, Io consider the , · ~.~ ~ . ~ ' ' '-'. rezone O.~5 acres f om , ~ ~,: .' ciol. Ex sting use as apodments. ' ) ~ ·' ,'. anti,dance school. Proart,' aan~ ' ' ' east side of Rt. ~1 lRio Road) ~. .' dpprox mately 1,~ feet west . ' · of RI. ~N Charlottesville Mag-' . BABY~ ' -- .,?'. :~O~,%~':%%.~.t~%%~'';;,m;. ~/ .' 79, parces 23D, 23E, and 20,'is a chil, ~ ' S,om ROute 7~ odiacent ,o he ~" R vonno River, lhe C & 0 Rutl- -- - , / : * rood an~ the 'Stone Robinson L~Kli ~ / ' 'islerial Dis{rich ~. . .. in hen ~ . ~hool proaer~. Rivanna Moa-' er" ~ ,/ * ' " SP-85-~ V NCENT L.: JONES - requir, , ~,. Request 'in accordance wilh ~ -'. " marie' County Zoning Ordi- ~n" .)  vacan 2..310 acre sP.a~Coeh* 12 zoned RA Rural Area r pr '. drt described ds Tax Map 87, t' parYcel 35C1, Entrance to the-i ' aroro erty sapproximalely 1,500 ~ ,e, tnci'm ~ee~.east of RI. 29 via Rt. 712  .. and'RL 760. Samuel /~illert mail. AAagisteria~ District; '" . Anyone desiring turtner m~o -. ~ l,.". "mati°~ ab°ut the ab°ye pein .i' · :' lions, please contact the !i t _ < . County Deparlment of Planning / '. and Community Second-: Floor, ~ Buildihg/- ' or .'rte .~ .' 5823, '" ssi 250 ' 7A 4Sir RIVANNA 'AND 'C,T SEGTI'ON F $COT'rSv.~t2L~' 'Dl$'rm~T$ .... ·. ..........~..~..~ ~... ~ - _~ ' ~ ~ SECTION 79 RIVANNA AND SCOTTSVILLE DISTRICTS 7A 7Al ~50 SHADWELL 16 / ¢- CPA 01-03 RIVANNA VILLAGE AT GLENMORE __,~ UNIVIr Rc:ITy OF VIRGINIA AIRPORT too RIVANNA DISTRICT DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRQINtA DEPARTMENT OF 3'RANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, VA. 22911 A. G. TUCKER RESIOENT ENGINEER January 16, 1996 Drainage Review Route 250 near Glenmore Dr. Orr prgperty Dr. William A. Orr i55 Riverbend Drive Charlottesville, VA. 22901 Dear Mr. Orr: We have received comments from our Culpeper Hydraulics Office after their review of the drainage on Route 250 near the Orr property. We offer the following comments: The drainage flowing to the 15" concrete pipe under Route 250 and onto the Orr property is computed to be 6 CFS for a 25 year discharge. The headwater depth remains 18" below the edge of shoulder of Route 250. The exit velocity of 6.7 f~p.s, calls for erosion control stone. The drainage from Glenmore (0.7 acres creating 1.3 CFS) is falling into an adequate channel and is not affecting the ]pipe discharging onto the Orr property. The option of keeping flow on the South side of Route 250 is not feasible since it would require regrading the ditch, sacrificing safety on Route 250, increasing the entrance pipes to 24" diameter, adding erosion control and obtaining an easement near the creek so stone could be placed. 4) The option of reditching the outfall from the 15" pipe in question so it flows along the north side of Route 250 is not desirable since the ditch would need to be regraded, once again sacrificing safety on Route 250, and easements obtained to the creek. 5) It is recommended that the outfall continue to flow across the Orr property. The flow could be placed into an enclosed storm sewer by the owner if an easement were given for VDOT to maintain the pipe 10 feet from the outfall to insure integrity to Route 250. TRANSPORTATION FOR THE 21 ST CENTURY WILLIAM S. ROUDABUSH CULPEPER DISTRICT May 21, 1996 William A. Orr 3986 Keswick Road Keswick, VA 22947 Dear Bill: COMMONWEALTH of V2 RCj NIA COMMONWEALTH TRANSPORTATION BOARD 1401 EAST BROAD STREET RICHMOND, 23219 Since I last spoke with you regarding the drainage across your property from Route 250, I have been to the local resident engineers office and reviewed their file concerning this matter. I also re-visited the site along with Bill Mills, the Assistant Resident Engineer. In reviewing the calculations made by the drainage engineer in VDOT's Culpeper office indications are that the Glenmore contribution of run-off flows into the receiving storm above your property. The amount of "cam/over" which may not enter the d.raina_ge structure is of insignificant volume. The location of the pipe which enters your property was based on t ~e~-constructi°n~-qocation of natural run-off crossing Route 250 right-of-way. VDOT feels that if the pipe crossing Route 250 were eli~ninated all of the driveway culverts on the south side of Route 250 would need to be replaced with larger diameter pipe and deeper ditch lines. However Mr. Mills has agreed that VDOT would provide a bp-rap ditch of erosion control stone from the end of this drainage pipe to. the right-of-way limits] This will act as an energy disapator and reduce erosion. In addition, VDOT will assist you by providing design recommendations for constructing a drainage swale to the creek using geotextile fabric. I hope these things may help resolve this matter. Sincerely, William S. Roudabush, Jr. P.O. Box 1222 Charlottesville, VA 22902 TRANSPORTATION FOR THE 21 ST CENTURY DAVID R. GEHR COMMISSIONER COMMONWEALTH o[ VIRQINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, 2291'[ A. G. TUCKER RESIDENT ENGINEER March 31, 1997 Route 250 E. Albemarle County Dr. William A. Orr 3986 Keswick Road Keswick, VA. 22947 Dear Dr. Orr: This will confirm our meeting on March 25, 1997 and a proposal to solve the - that the pipe and ditch that outlets concern ~~ · a~-~eati~nfor of drainage both parties We propose o ert¥, to be redirected iqh~t of wa~ ontO your pr~ - .... - · - oxi~atei k0-i! ~~allel to the roa_q~ The center of ditch would be appr Y f~eet from the existing edge of pavement. The grading of right of way would be a~t your expense and accomplished by a contractor that. you prefer· We recommend that the exist---~ng pipe be extended with the installation of a drop inlet, however we believe the ditch can be accomplished without use of structure, but will cause a deeper ditch for approximately 25-50 feet that may be more difficult to negotiate with a tractor mower. In return we will provide the permit for the work, along with necessary erosion control and seeding· We can provide necessary uraffic control signs, but they must be installed by your contractor according to The Work Area Protection Manual.. If any flagging would be required, this would be conuractor's responsibility by a certified flagger. Please find attached a sketch of a typical section for the proposed work to be accomplished. We feel this is a joint venture that will work for both you and the Department of Transportation to solve a long standing problem. If you are in agreement, please advise. /~rs~ruly, HWM/ldw Attachment / Assistant Resident Engineer cc: J. H. Kesterson K. W. Staton; S. C. Dean J. H. Shifflett, Jr. TRANSPORTATION FOR THE 21ST CENTURY David P Bowerman Rio LindsaY G. Dorrier, ~lr. Scottsville Charles S. Martin COUNTY OF ALBEMARLE Office of Board of Supervisors 40I Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 April 16, 2002 Walter E Perkins White Hall Dennis S. Rooker Jack Jouett Sally H. Thomas Samuel Miller TO ADJACENT PROPERTY OWNERS RE: CPA-2001-03. RIVANNA VILLAGE AT GLENMORE /ewc cc: Dear Sir or Madam: This letter is to notify you as an adjacent property owner that the above-referenced petition, described below, has been scheduled for public hearing by the Board of Supervisors. CPA-2001-03. Rivanna Villafle at Glenmore. The proposed amendment would (1) modify the Land Use Plan element of the Comp Plan by ~evising the following information for the Village of Rivanna: updating population & housing information, providing new headings for the recommend- ed elements of the plan, recommending improvements to Rt 250 Et, & recommending mass transit to the Village; (2) change the land use designation for TM Ps 80-50, 93A1-1, 93A1-2, 93A1-3, & 93A1-4 from Neighborhood Density residential (which allows for 3-6 du/ac) to Community Service which would allow commercial uses & residential density of 6-34 dulac; (3) provide specific guidance for the area designated Community Service by recommending that a neo-traditienal street system, a "main street" with retail & office buildings, a vadety of housing types, offices, & commercial use not in excess of 240,000 sq ff be provided; (4) allow for civic buildings including schools, churches, & community centers to be included in the area designated as Community Service; (5) require mass, scale, & architectural detailing of buildings that provide for a "human scale" & supports pedestrians, a well-integrated pedestrian system, including sidewalks & paths, & interconnections w/in the Community Service Area as well as to the rest of the Village; (6) recommend that development be sensitive to the location within Monticello's viewshed & that parking be minimized & buffered & shielded from nearby & adjoining properties; and (7) allow for property formerly proffered for a school site on TM P 93A-4 to be substituted for provision of other needed public facilities within the area shown as Community Service. The public hearing will be held on May 15, 201)2. at 7:00 p.m., in Meeting Room 241, Second Floor, County Offm. e Building, 401 Mclntire Road, Charlottesville, Virginia. If you should have any questions, comments or observations concerning this petition, please do not hesitate to contact me at (434) 296-5843. Sincerely, V. WayneCilimberg Elaine Echols Printed on recycled paper ACCAD, PAUL D ADER, RICHARD M OR TESSA G AFZAL, ZAHID OR USA LYNN AKEEL, ED A OR MARTHA P ALBEMARLE COUNTY SERVICE AUTHORITY ALBERTS, JEFFREY S OR PAULA HOLMAN ALBERTS ALLSHOUSE, JAMES D OR MILISA K RIZER ALVAREZ, DANIEL A & MARIE C HAMILTON ANDA, WILLIAM T OR STEVIA C ANDERSON, TIMOTHY W OR SUZANNE R ARCHER, ROBERT DEAN OR JANICE ELAINE A. ARENA, BRUCE OR PHYLLIS ARMSTRONG, CHARLES S OR MARY LEE ARNETTE LAND TRUST ARON, MICHAEL T BAELLOW, RONALD L OR JANET SPIVAK B BAIRD SNYDER INCORPORATED BAKER, THOMAS P OR SARAH J BALDWIN, THOMAS OR ELEANOR BALLINGER CREEK FARM LLC BANIS, HELEN M TRUSTEE BANKS, NORMAN OR PE'I-FY SCHICK BARATZ, MARLEIGH M BARBERIO, FRANK D OR MARIA C BARNES, SHIRLEY SAY BARRETT, EUGENE J OR PAULA Q BARRY, KEVIN M OR DEBORAH T BARTEL,GEORGE BENNETT & KAY HERGE BARTEL BENNETT BARTELS, DONALD R OR ISIS A BARTOL, ROSE MARIE TRUSTEE BATES, LANDERS O OR ALICE C BATTAGLIA, CARL & DOMENICA BATTAGLIA TRUSTEES BEAR, JUUE A OR MICHAEL J BEASLEY, CHARLES A OR FRANCES S BECERRA, JAVIER OR CARMEN BECKVVITH, RODNEY F TRS OF RODNEY F BECK'WITH BEGLEY, CHRISTOPHER J OR CHARLENE T BELL, RICHARD Q OR DOLORES A PRESTVVICH- BELLECKWITH, RODNEY F TRS OF RO DNEY F BECKWlTH BEGLEY, CHRISTOPHER J OR CHARLENE T BELL, RICHARD Q OR DOLORES A PRESTVVICH-BELL BERK, HAROLD W OR BARBARA F BERRY, PETER NORMAN & JOAN HAWKE BERRY BETHEL, HERBERT C JR OR MARTHA M BHATIA, SANJIV OR CLAUDIA BALTODANO-BHATIA BIBB, STUART C OR MARGARET F BICKERS, DUANE HTR OF THE DUANE H BICKERS BICKERS, MARGARET B BICKERS, MARY S TRUSTEE BICKERS, NELSON E TRUSTEE FOR THE NELSON E BICKERS TRU. ST BIEKJ~R, DANIEL J BISHOP, ARTHUR B & ULLIE M BITTNER, ROBERT L OR JULIA M BLACKBURN, MARALYN JOY TRUSTEE BLAUVELT, MARY & HOWARD W BLAUVELT TRS BLEDSOE, RALPH C OR ROSE MARIE J BOGARD, LINDA J BORISH, LARRY OR LORRAINE O BOSSHARD, MIRIAM L BOUTON, SHEILA G BOWEN, CAROLYN M REVOCABLE TRUST BOWMAN, THOMAS A OR VIRGINIA S BOYCE, EARNESTINE J BRANNON, LARRY S OR MARTA C BREEDEN, TOBY M OR SUZANNE M BRIMM,, JOHN E OR TERESA S BROCHU-BIRCKHEAD, SANDRA P BROOKS, RICHARD J OR JOAN G BROWN, CARTER T OR KERRY HARRIS BROVVN, CRAIG R OR REBECCA L BROWN, HARLAN J OR CHRISTINA L BROWN, STEVEN J OR JUDITH A BRUNDAGE, ROSEMARIE BRYANT, DEBRA OR LAWRENCE A GRAVES BRYANT, MONTIE L OR DONNA K BUILDER RESOURCE & DEVELOPMENT CO LP BURCH, SUZANNE T BURKE, KEVIN M & MARTHA E BURKET, ROGER C OR CYNTHIA L BURNETT, ROBERT H OR MARY P BURNS, JAMES E OR ROSEMARY M BURTON, MICHAELW OR CYNTHIA H BUSHEY, WARREN A JR OR REBECCA D BUYS, JEANETTE G C & B LAND TRUST; RICHARD E CARTER TRUSTEE CABELL, SUSAN M CABINDA, DE-GAULLE D OR NATHALIA A CAMBLOS, JAMES L III OR CHRISTINE C CAMERON, DAVID H JR & PATRICIA O CAMERON TRS CAMPBELL, DUNCAN W & SUSAN J CAMPBELL CAMPBELL, GAYLE C CAMPBELL, JAMES R JR OR KALYA G STERN CAMPBELL, WARD J OR PEGGY B CANNON, CARL E OR MILDRED F CANOVA, AUGUSTUS P EST CANVASBACK REAL ESTATE & INVESTMENT LLC CAPERTON, NANCY G CAREY, CARL RICHARD OR MARIAN RAMSEY CARMITCHEL, HARRY E JR OR ROBERTAW CARROLL, CYNTHIA OR PETER C GROH CARTER, RICHARD G OR PEGGY W CARTER, RONALD D CARTER, RONALD D OR FRANCES CARTER, TANJA Y CARTER, WILLIAM EDGAR JR OR LINDA LANIER BELL CARTER CATON, WILLIAM E OR RUTH A CAVANAUGH, MARJORIE S CENEDELLA, ATTILIO H & VIRGINIA G CENEDELLA,TRUSTEE FOR THE CENEDELLA CHAMALES, JOHN P OR JEANNE C CHAPMAN, ROBERT B OR DELORES J CHARLOTTESVILLE LOYAL ORDER OF MOOSE INC CHASE, BRIAN W CHEESEMAN, CHARLES A OR JANET E CIBBARELLI, VI NCENT C OR BEVERLY B CLARK, LESTER L OR MEREDITH ANN CLARK, RANDALL L OR MELINDA S CLIFFORD, GEOFF H OR MARGARET W CLINGER, ARTHUR W JR OR LILLtAN W COLEMAN, MARY H COLLIER, ANDREW S OR CAILIN S COLOMBINI, CARLO OR MARTHA ANN COLVIN, CAROL F COMBS, KEVIN W OR TRACY L COMER, MICHAEL D OR KANDI K COMMONWEALTH OF VIRGINIA COMPTON, BRIAN A OR LINDA N CONLON, RUTH A COOLEY, MYRA J COOPER, WILLIAM G OR LINDA A WATSON COPPOLA, M JEFFREY AND MARY R CORRIGAN, EUGENE F OR LENA N COTTRELL, RONALD J OR DAWN MAHONEY COTTRELL, RONALD J OR DAWN MAHONEY COTTRELL COUCH, ROBERT W JR OR MI LDRED A COUNTY OF ALBEMARLE & EAST RIVANNA VOLUNTEER FIRE CO INC COX, ROBERT M JR OR DONNA C CRAIG, ROBERT L OR ANDREA P, CRALLE, TERESA L CRENSHAW, CHARLES A OR GERALDINE C CRENSHAW, PARIS E JR OR BETTY G CRENSHAW, RANDALLW & DALE ANN CROCKER, JOHN AUSTIN CRUMMETTE, H DAVID & CHARLOTTE GREGGER CRUTCHFIELD, KEVIN S OR KATHERINE T CUBBAGE, MICHAEL L OR JANICE W CUFF, FREDERICK L & DOROTHY ANNE CUFF TRUSTEES CULLEN, JOHN W OR VIVIAN R CURRY, JOHN F III D'ANTUONO, PATRICIA DAMVAKARIS, ZANNIS DANDRIDGE, WILLIAM R JR OR BETTY B DANILEK, JANE T & DONALD J DANILEK TRS DAVIES, DARLA DEAN, D KEViN OR CHRISTINE D DEAN, JANET MARY ROSE DEANE, DAVID M OR TERRi T DEANE, RODNEY E JR DEBOY, LARRY K OR CAROL E DECKER, CHARLES W OR JEFFREY C DECKER DECKER, JEFFREY C OR ANGELA HOLLY DECKER, JOHN W OR LAURA A DENNIS, EDMUND G & FLORENCE M DENNIS ETAL DESIMINI, THOMAS W OR LESLIE A DEVALL, ROGER R OR DOROTHY V DEVANNEY, M ELINOR TRUSTEE OF THE M ELINOR DEVANNEY TRUST DIGREGORIA, J PATRICK OR JANE M DILLARD, ALAN G JR OR DAPHNE P DILLARD, ALAN G JR OR DAPHNE P DITTMAR, JANE D DODDY, MARY A DODGE, MARY SAMPSON & FRANK ANTHONY DODGE TRUSTEES ETAL DOMBROWE, ROBERT J OR PATRICIA B DOMBROWSKI, JAMES M OR SANDRA D DORCHAK, GARY J OR GLENDA N DOWNIE, ALISTAIR J OR JANIS L DRAKE, DAVID B OR MALISSA G DRESSEN, PETE C OR BRENDA J DUNCAN, BRUCE K OR MARGARET G DURHAM, GORDON THOMAS OR NELLIE C EARLE, PATRIClA W EASTON, BERNARD E OR ALICE S EASTON, RAYMOND H, ESTATE EATON, ELENA J EDWARDS, EARNEST J OR LOTTIE P & GLENMORE ASSOCIATES LIMITED PARTN ELLIOTT, JOANNE C & MILES S ELLIOTT JR ENDERS, JOSEPH B III OR LYNN PARLI ESTEP, WILLIAM B OR ELIZABETH EWERS, PATRICIA A EVVING, LEE W OR JUDY T FAIRFIELD CLASSIC HOMES FARIS, REBECCA SUE FAUCETT, THOMAS H OR MILDRED M FAULKNIER, CHARLES A FEINBLA'i-r, THEODORE M OR ELEANOR G FENDLEY, WILLIAM R JR OR CAROLYN KAY FEREN7--, JOSEPH OR MARY P FERGUSON, STEWART J OR DIANA S FERRONI, ANTHONY W OR CHRISTINE S FEY, STEVEN U OR SUE ELLEN FILLMORE BUILDERS INC ~FITZGERALD, LARRY L OR MARY ANNE FLETCHER, JOHN C OR ADELE D FOGLIA, RONALD F OR SANDRA F FORDING, EDMUND H JR OR JEAN C FORLOINES, WALLACE M OR ANN FORNADEL, WILLIAM M OR SARAH G FOWLER, CALVIN M & ALICE ANN FOVVLER TRS FRANKOWSKI, CHARLOTTE TRUSTEE FRAZEE, KEITH ALAN & CAROLE C FRAZEE FRAZIER, HENRY B III OR JOAN M FREEDMAN, JON B OR PAMELA M FRIESMAN, DAVID A OR JOYCE E FULLER, MICHAEL T OR KATHY C GAFFNEY, JOHN F OR MOTANA K GAIDSICK, HOWARD W OR BARBARA J GANSNEDER, BRUCE OR NANCY GARDINER, SCOTT D OR JENNINE M GARDNER, PAUL L OR DEBORAH Q GARRISON, DAVID W OR MARY JANE KING GARRISS, JAY V OR KATHERINE J GASKINS, RICHARD N OR SARA M GIARAMITA, PHILLIPS OR RANDY GILLEN, PETER J OR VIRGINIA M GILLIAM, RICHARD BAXTER OR LESLIE F GLENMORE ASSOCIATES LIMITED PARTNERSHIP GLICK, JOHN E JR OR MARY JO GODFREY, PATRICIA A TR OF THE PATRICIA A GODFREY REV TRUST GOHDES-BATEN, ELEANOR GOLDEN, ALFRED J JR GOOD, ALFRED W & SUELLEN D GOODE, AMY M OR TOBY L GOODE GOODING, RICHARD OR GLORIA BARRY CARRIGAN GOODWIN, KURT B OR PAMELA M GORE, EARL R OR PATRICIA B GRADY, CHARLES E GRAHAM, JOSEPH L OR BRENDA W GRANT, WILLIAM T OR KAREN E GRAYBILL, HENRY B OR PATRICIA L GREER, GENE G TRS OF GENE G GREER TRUST GRIEB, CHRISTOPHER C GRIGG, JAMES P OR BENTLEY C GROH, ANNE S GROVER, WILLIAM C OR PRISCILLA J GROW, DAVID W OR CAROLYN P GUSKIND, STUART L OR ABBY BETH GUTER, JACQUELIN J GUTHRIE, RAYMOND B & MARY C HADEN, JAMES E OR SUSAN E HAHN, P GLENN OR DEBORAH L HALE, GEORGE D JR & MARJORIE W, HALFEN, DAVID TRUSTEE HALL, CALEB:A OR TAMMY L HALL, RICHARD W HALL, WAYNE A OR DEBORAH S HALL, WILLIAM C OR BARBARA A HALLMAN, BRIDGET GALE HANDY, MICHAEL H OR LAURA L HANEY, CHRISTOPHER D OR TRACY E HANSEN, DONNA R HARBACK, HERBERT F & LAURA T HARBACK TRS HARMAN, R E HAROZ, DONALD OR CAROLE H HARRIS, LEWIS E & REBECCA D HARRIS, NEAL B OR GABRIELLE M HARROD, ANN SNYDER HARTLAND, J BARRY OR CLAUDIA F HATHAWAY, CURTIS H JR OR ELLEN R HAUGHEY, THOMAS M OR PAULA D HAUSER, ROBERT M OR KEDRA M HAWKINS, CLARENCE M OR BEATRICE B HAWKINS, LARRY R HAYNES, MICHAEL N HELL, STEVEN L OR MARIA HENDON, DAVID H OR LINDA B HENDRIX, D COLE OR JANET S HENLEY, R PAGE JR OR JANE S HENSLEY, FAYE C HERBERT, WILLIAM N P OR MARSHA T HESS, CRAIG N OR ANN M HICKMAN, HENRY B HILDEBRAND, SCOTT R OR BARBARA BOUSQUET HILLER, BERNARD F OR SHIRLEY L HODGES, THOMAS B HOFFMANN, JAMES E OR ALICE CHRISTINE HOLLO, F ROBERT & ANNE'I-rE J HOLLOWAY, JEFFREY L OR DEBRA K HOLSTEGE, CHRISTOPHER P OR ANGELA J HOLZMAN, TERRY J OR KRISTIN S HOPKINS, BRIAN T OR CYNTHIA D HOPKINS, ROBERT KINGLSEY JR OR ELIZABETH BAKER HORN, MICHAEL D OR JANICE L MORRIS-HORN HOUGH, WILLIAMSON T & JEANNE B HOUGH CO- TRUSTEE HOWARD, WILLIAM L OR GLENDA M HUARD, DAVID E OR DANA L HUCEK, ANDREW M OR MARGENE W HUGHES, GERALD V JR OR EVE HUNTLEY HUNT COUNTRY PROPERTIES LLC HUNT, MARSHALL G OR CARLA J HUNT, WILLIAM L OR JUDY I HUPERT, ADAM O JR IMHOFF, EDGAR A & BETTY M IMHOFF IVERSON, THERESE ROSE JACKSON, JOHN E JR OR BARBARA Q JACOBS, BOBBLE N & RICHARD A JACOBS TRS JACQUES, STEPHEN R & DIANE LAMARCHE JACQUES JESSUP, JAMES L JR & SUZANNE JESSUP STATON JESSUP, JAMES L OR KAREN ANN JOHNSON, DARRYL M & MYRTLE W JOHNSON, ERIC S OR KELLEY INSKEEP J JOHNSON, MARYBESS MCCRAY SOLE TRS MCCRAY JOHNSON TRUST JOHNSON, ROBERT R JOHNSON, STUART JOHNSON, W STUART OR FREDA B JOLLY, T SCOTT OR CATHERINE P JONES, DEBRA S & MICHAEL A DUNCAN JONES, J LEE OR CONSTANCE A JORGENSEN, EARL V OR CYNTHIA M JUEL, JOSEPH L OR MARTHA K JUMPER, EDWARD ALLEN !11 OR STEPHANIE LYNN KASK, STANLEY S OR ANGLEA M KAUDER, LOUIS M OR SALLY L KAVANAUGH HOMES INC KEEGAN, BEATRICE COX KELLY, JOHN P & MARY M KELLY, REBECCA MICHELLE KENNEDY, WILLIAM J OR CHRISTINE M KEPLEY, LOUISE D & ALEXANDER C KEPLEY KEPLINGER, FRANKLIN W OR JULIE A KESSLER, FRANK A OR PEGGY B KESTENBAUM, HENRY KETTRICK, JAMES F KEVILLE, JOHN C OR LAURIE W KEY, ARNOLD W KEY, DONNELL E OR VERONICA E KIMBLE, WARD M TRUSTEE KING, DONALD H OR MAXINE Z KINGMA DEVELOPERS INC KINGSBURY, MICHAEL O OR BETSY C KIRBY, EDITH S KIRBY, RONALD LEE & WILLIAM MONTY KIRBY & DONNA LOUISE KIRBY KITCHEN, J ROBERT & KATHERINE S KITCHEN TRS KLEINMICHEL, GABRIELE K KNOSPE, ROBERT H REVOCABLE TRUST KOSTICK, EDWARD OR ANN L KRUMHOLZ, ALAN J OR ROBIN M KUIDA, ELLIOT H OR SHANNON M LAFUZE, LOIS T LAKES, RICHARD B OR ALICE H LANE, DORIS A LANFORD, EDWIN D JR OR HEIDI VVEDDINGTON LANGLEY, SHIRLEY A LARUE, DAVID W OR AMPARO G LAUDENSCHLAGER, ROHN MOEN OR CONSTANCE CLARK L LAVIN, ROBERT C OR PATRICIA E LAWSON, ROBERT J OR KAREN E LEACH, FRED OR CHARLOTTE LEAKE, JOE M LEE, ALLAN E OR HILDE G LEE, OCK KlM TRUSTEE LEUNG, DANIEL A LEVACA, ELIZABETH B LEVITT, JOSHUA G OR NELLIE M LIN, KANT Y OR ESTHER A LINCKS, HAROLD J OR JOAN M LINDGREN, JOHN H JR LIVENGOOD, ROBERT D & CAROLYN LOIELLO, JOAN G & LAWRENCE P LOIELLO TRS LONG, PATRICK T OR KATHLEEN M LOUTHAN, ALLYSON C LUKE, MARK D OR TERESA A LYNCH, BYRON C III OR LUANN J MACDONALD LAND TRUST MACFARLANE HOMES INC MACOMBER, LARRY D OR MARY ANN MALONEY, EDWARD M OR CAROL A MANCINI, RAYMOND G JR OR MARY ANN MANDEVILLE, BRIAN W OR JEAN E MANN, ARTHUR R OR JEANNETTE M MANNING, PAUL B OR DIANE L MANNION, JOHN J OR MARY L MANTELL, PETER D OR SUSAN E MARCH, JOHN A & CAROL A MARCUS, RONALD L MARl, GIANCARLO MARQUES, LUIS M OR LINDA S MARSHALL, GEORGE E JR OR JENNIFER D MARTHALER, WAYNE A OR PATRICIA T MARTIN, GARY F OR DOROTHY E MARTIN, JOHN A &WANDA G MATARESE, WILLIAM A JR OR CAROL S MATTHEWS, THOMAS R JR TR FOR THOMAS R MATTHEWS JR TR ETAL MATTSON, STEVEN E & MADELEINE H & SECOND TRUST MAUTE, FRED R OR HARRIETT A MCALISTER, ALEXANDER G OR FRANCES F MCCABE, GEORGE T TRS MCCARRON, ROBERT OR MARILYN MCCAULEY, STEVENS OR BEVERLY A MCCI_ANAHAN, BETTY L MCCLELLAN, C J III OR CAROLYN H MCCONNELL, LAWRENCE L OR MICHELLE E MCCORRY, MICHAEL E OR ALICE B MCCOY, MARK A OR ALICE A MCCULLOUGH, CHRISTOPHER S OR KAREN A AHERN-MCCULLOUGH MCCULLOUGH, RICHARD M OR SALLY L MCCUTCHEON, JOHN J OR CANDACE M MCDONOUGH, PETER M JR OR DEBRA L MCKENNA, SUSAN G MCLAUGHLIN, DAVID J OR JANE L MCMAHON, EDWARD P OR ELIZABETH K MCMULLEN, GREERSON G OR ANN C MCNARY, CYNTHIA M MEANS, G NElL OR SUSAN LESLIE ROARK MEIBURG, ELIZABETH G & CHARLES O MERRYMAN, JUNE D MIKA, DAVID B OR KATHERINE DALTON M MILKS, GILBERT L OR CAROLE SMITH MILLICK, WILLIAM H Iii OR LORE F MILLS, AUDREY HEARNS El-AL MINKEL, LEWIS S OR PRISCILLA A MITCHELL, DAVID G OR CHELLIE M MONTICELLO, MICHAEL H OR LOUISE A MOORE, JAMES S MORRIS, LEV! OR PHYLLIS D OR LEZENA B MORRIS MORRIS, STEPHEN F & KAREN L MORRISON, DOUGLAS E & EMILY, TRUSTEES MURPHY, E RAY OR THELMA G MURRAY, DANIEL T OR MAUREEN A MUSGRAVE, WILLIAM S MUSTAIN, WILLIAM G OR MARILYN K NATOLI, PHILIP R OR ELIZABETH R NEATHERY, KENNETH L JR NETHERLAND, SALLY NIELSEN, KENNETH M OR HILLARY H NOOTBAAR, ROBERT F OR JOAN A NORFORD, WILSON R & ELSIE UNDERWOOD NORGREN, C NElL OR CAROLYN S NORRINGTON, LORRIE M NOSANOW, BARBARA S NOTOPOULOS, GEORGE A OR MARJORIE D NUNLEY, RICHARD L OR JUUA G O'CONNOR, FREDERICK L OR SHARON B O'CONNOR, LINDA J OR ANTHONY M FELDMESSER O'KEEFE, ANDREW J O'ROURKE, GERARD P OR PATRICIA A ODENHAL, EDWARD HENRY III ODINOV, L DENNIS OR LINDA R OFFIELD, WILLIAM E OR JESSIE B OLEGNOWICZ, ISRAEL OR SUZANNE OPPERMAN, WILLIAM D OR PAMELA B ORMSBY, JAMES M OR LORRAINE M OSBORNE, R BYRON OR MARTHA F OWEN, JACK W TR PACE, JEAN M PACE, THOMAS A & JUDY S PACE, W A JR PAINLEY, MERLE M PARKHILL, BARRY L OR PATRICIA M PASCALE, PAUL M OR LAURA PAUL, GARY A OR JOHNNA S PAVLICK, WILLIAM S OR BARBARA J PAYNE, GEORGE L JR OR SHELLEY H PECK, THOMAS A & DOROTHY I PEELER, DAVID C JR OR CATHERINE O PEMBERTON, TERRY L PERIOLAT, JOHN J OR PATRICIA R PERKINS, JAMES A OR MAUREEN F PERRY, SUSAN E OR THOMAS H WILLIAMS PETER JOHNSON BUILDERS pEW, KENNETH L OR RITA P PEYTON, J M & OPAL B PHILLIPS, GARY W OR SHARON S PHILLIPS, HAROLD C OR KATIE M PHILLIPS, MICHAEL W OR PATRICIA S PHILLIPS, WARREN A & ANN H PIERSON PROPERTIES INC PIERSON, KARL E OR DORIS V PIPERFIFE COURT LAND TR; PETER L BAUMBUSCH PLACA, STEPHEN M OR ELIZABETH pRATT, JOSEPH B OR ELIZABETH E EWlNG POCHICK, FRANCIS E & SHIRLEY A PORTERFIELD, H WILLIAM & LINDA PORTERFIELD TRS POWELL, JEAN POWELL, MICHAEL W OR KAREN L POWELL, VIRGIL F OR SHIRLEY C PRESTININZI, FRANK V OR GAlL E PROFACI, ROSE & NINFA IENTILE PRYOR, HAROLD E & FLORENCE V PRYOR TR THE FLORENCE PUTNAM, DOROTHY QUALE, KATHLEEN H R D WADE BUILDER INC RAFAJKO, ROBERT R OR ANNE S RAINVILLE, HENRY B OR BARBARA G RAMM, SCOTT D OR DIANE B RANNINGS, DOLORES A RASMUSSEN, CAROL F RATHBURN, DAVID R OR JAYNE J RATZA, JOHN D OR DORIS REAVES, GEORGE W & HELENA M REDPATH, GERARD T OR JUDY C HUNDLEY REINES, PETER L RENDLEMAN, JOHN L JR OR KAREN BEHLA RENDLEMAN REYNOLDS, DAVID O OR BONNIEW REYNOLDS, PHILLIP R OR NANCY T & CECILY D REYNOLDS-MARTINEZ RICHARDSON, JIMMIE LOU RIGGIN, DONALD C JR OR MARY V RIGNEY, DAWN B RINEHART CONSTRUCTION LTD RINGSTROM, MARINA E RINGUETTE, CRAIG J OR LYNN P RIORDAN, ROBERT W RIPPLINGER, RHETT R OR MARSHA RIVANNA FINE HOMES INC RIVERS, RICHARD R OR EDWlNA R ROBBINS, WILLIAM L III OR BONNIE A ROBERT HAUSER HOMES INC ROBERTS, CALVIN L & SHIRLEY H ROBERTS, DONNA M ROBERTS, LUCILLE F ROBINSON, GLEN O OR D KAY ROBINSON, JERROLD OR JOANNE B RODGERS, WILLIAM R & RACHEL T ROGERS, DAVID W OR MARLENE L CLAY ROGERS, JACK A ROGERS, MARY EVELYN TRUSTEE FOR THE MARY TRUST EVELYN ROGERS DECLARATION OF ROSENSTEIN, EDWARD OR HELENE B ROTELLA, ROBERT J OR DARLENE ROWE, GLENN R OR PATRICIA F ROWE, WILLIAM J M D AS TRUSTEE J ROWE M D TRUST & U/A ROZAN, SUSAN M ROZIC, JOSEPH T OR SHARON L RUSK, CHARLES A OR PATRICIA E RUSKIN, LOUISE D RUSSO, ANNAMARIE SALINAS, MAXIMO H OR LISA S SAMEL, LOUIS S OR GERTRUDE H SAMPSON, A CLARENCE OR DONNA M SANDRIDGE, GENE A OR JUDITH S SARGENT, EVELYN G SAUNDERS, CARTER A OR AMELIA Y SCHADE, JAMES E OR SUZANNE L SCHMI'I-I', ERNEST A TRS U/D OF TR & GLADYS C SCHMITT TRS U/D OF TR SCHNUR, MICHAEL D OR MARY J SCHRECKER, PAUL F OR JUDITH A SCHULTZ, JOHN R OR JOAN A SCO'l-r, THOMAS C & LINDA L SELFRIDGE, ANDREW P SELINGER HOMES INC SELINGER, JOSEPH J OR MARGARET MARY SELINGER, THOMAS G OR ANNETTE D SHANK, ELDON L OR SUSAN L SHANNON, JAMES H OR ANN SHARPLEY, RONALD L OR PAULINE H SHAWN, SANDRA B SHELL ISLANDS LIMITED PARTNERSHIP SHEPPARD, DALE D OR ELIZABETH SHIFFLE'I-I', AUBREY THOMAS OR VIRGINIA SUE SHIFFLETT, ED, NARD E OR BRENDA H SILVER, STEVEN W SIMMONS, LUCINDA J TRUSTEE SISK, HARRY R OR JOANNA SKAAR, JOY W SLONAKER, E THOMAS DULANEY OR MADELINE ELLEN SMITH, PAUL T OR ELLENE SNIPES, CHARLES D JR OR CLARA JANE SNOW, ROBERT M OR PAMELA KAY SNOW TRUSTEES SNYDER, JOHN E JR & JANET H SNYDER, NElL H OR KATHLEEN L SOTO, ARTURO OR HERMINIA C OR WENDELL M SOTO SOULE, GEORGE A OR SALLY M SOURS, DONALD E OR JOSEPHINE M SPEERS, LUCINDA H OR JAMES J SPERRY, HARRY C OR LYDIA JOYCE STALLINGS, PRESTON O OR CYNTHIA D STALZER, EDWIN OR CAROL J STARKEY, THOMAS M OR PAMELA D STATON, SUZANNE J STEELE, JOHN A OR HELEN B STEGALL, PATSY H STEPHENS, SIR BARRIE OR LADY DANIELLE STOKES, ROBERT L OR PAMELA Y NICHOLAS STOKES STRUNK, DOROTHY A OR LINDA KAY HOWARD SULLIVAN, PATRICK H OR RUTH W SWIFT, CLARENCE H SYCAMORE TREE PARTNERSHIP TAGGART, ALEXANDER L OR DEBORAH R TALLEY,, CHARLES W OR WILLIE MAE G TARRING, DOUGLAS R OR KARIN N TAYLOR, GARY W OR TANA M TAYLOR, GREGORY B & ANNE D TRUSTEES U/A TAYLOR, JOHN R III OR CARRIE WASHBURN TAYLOR TAYLOR, WILLIAM E OR MARGARET C THOMAS, MARK A OR SUSAN H THOMPSON, CHARLES C, TRUSTEE THORP, SCOTT H OR ANGELA S THURSTON, MYLES D OR JEAN L TILMAN, WILLIAM T OR MARTHA C TOBIAS, STEPHEN E OR ROBERTA L TOMPKINS, DOROTHY G TOWNES, LINTON R OR TRACEY J TRAINOR, F M TREMAGLIO, CARL J OR VICTORIA M TRUDEL, DAVID J OR LOUISE C TULLO, VINCENT OR SHEILA TULLOH, BETTY W TURNER, JOHN M OR SUSAN F TUTAN, G VICTOR OR JOAN TYLER, KENNETH SCOTT JR OR ANNA ROBERTSON UNTERHOI_ZNER, KARL OR UNDA G MARTIN VALIGA, ROBERT F & THERESA M VANAUSDALL, RODNEY C VANDYKE, JOSEPH D JR OR JUSTYNE E VANGELOPOULOS, THOMAS OR JUDIE C VANN, KATHLEEN B TR OF THE KATHLEEN B VANN REVOCABLE TRUST U/A VAUGHN, RAY D OR DEVAN S VAZSONYI, ROBERT L OR PAMELA L VERHAGEN, TED OR LINDA VETERE, PETER OR VIVIAN VOGEL, BE'I-I'Y G VONSTORCH, BARBARA DOWN W A O LAND TRUST; FORBES R REBACK TRUSTEE WADDELL, CHARLES K SR TRS WADDELL SR LIVING TR & WADE, RANDOLPH D WAGAMAN, RICHARD T & SANDRA B ROEDER WAGNER, ERIC B SR OR MARY BETH SELINGER WAGNER WALKER, CHARLES WAYNE & DEBORAH G WALKER, JAMES W OR CHERYL A WALL, J GREGORY OR MARTHA B WALTON, RICKY L OR HERBERT J WYLAND WASHINGTON, CLARENCE O SR OR ALICE BOYD WASHINGTON, JANNIE WATERBURY, THOMAS C OR LISA A WATTS, LINWOOD D OR CYNTHIA E WEBER, GARY OR CAROLYN M WELLS, JAMES F JR OR DEBORAH W WENSING, DONALD R OR CAROLYN C WEST, FREDERICK E Iii OR JUNE A WEST, MICHAEL C OR KELLY WHITNEY, WILLIAM R OR JEANNE M WIDENER, L SCOTT OR ANNE C WlLLCOX, HALLEY L WILLIAMS, TERENCE DEAN OR CAM G WILLOUGHBY, ROBERT H OR JOAN M WILLSON, ANNE T WILSON, SUE L WlSSNER, DONALD A OR BEVERLIE F WITCHER, ROBERT R OR VIOLA R WITMER, DAVID OR ANNA MARIE WOEPPEL, CHARLES E OR JACQUELINE R WOLFE, JOHN C OR MELISSA L WOOD, BENIS D OR LINDA E WORLD CHALLENGE INC WURTH, RONALD J OR VALERIE A WYER, GERALDINE WYNNE, JAMES B OR MARY L YATES, M CLAYTON OR B EDITH YATES, MARTIN C OR BARBARA L YOUNG, HARRY E JR OR NANCY V HALLOCK YOUNG YOUNG, JEFFREY S OR DENISE S YOUNG, LEO F JR & DOROTHY L CREWS ZBAILEY, MICHAEL S OR JEAN ZELIKOW, PHILLIP D OR PAIGE P ZERRENNER, JOHN J OR JANET M ZIMMERMAN, CLARENCE C OR BETTY F MORRISETTE ZOBRIST, RONALD L OR SANDRA L David P. Bowerman COUNTY OF ALBEMARLE Walter F. Perkins Rio Lindsay G. Dottier, Jr. Scoti~ville Charles S. Martin Rivanna Office of Board of Supervisors 401 Mclntire Road Charlottesville, Virginia 22902-4596 (434) 296-5843 FAX (434) 296-5800 White Hall Dennis S. Rooker Jack Jouett Sally H. Thomas ,'~'nuel Mfiller May 17, 2002 Mr. Franklin P. Micciche 2972 Cove Trace Charlottesville, VA 22911 Dear Mr. Micciche: At the Board of Supervisors meeting held on May 15, 2002, you were appointed as the Rivanna Magisterial District representative to the Board of Equalization, with term to run from May 15, 2002 through December 31, 2002. At that time you will be eligible for reappointment. Duties of this Board are set out in the Code of Virginia, Chapter 32, Article 14, §§ 58.1-3370 through 58.1-3389. The duties are more specifically set out in § 58.1-3379 and read as follows: "The Board shall hear and give consideration to such complaints and equalize such assessments and shall, moreover, be charged with the especial duty of increasing as well as decreasing assessments, whether specific complaint be laid or not, if in its judgment, the same be necessary to equalize and accomplish the end that the burden of taxation shall rest equally upon on all citizens of such county or city. The (Director of Finance) of such county ... shall, when requested .... call the attention of the board to such inequalities in real estate assessments in his county or city as may be known to him. Every board of equalization may go upon and inspect any real estate subject to equalization by it." In order to be eligible for appointment, every prospective member of sgch board shall attend and participate in the basic course of instruction given by the Department of Taxation under § 58.1-206. In the near future, you will receive notice of a meeting from Bruce Woodzell, the Real Estate Assessor. I have enclosed an updated roster for your convenience. If you have any questions about the duties of this Board, please call Mr. Woodzell at 296-5856. Sincerely, Sally H. Thomas Chairman SliT/lab Enclosure cc: Bruce Woodzell Commonwealth's Attorney Printed on recycled paper 05/07/02 TUB 0~:59 FAX S04 ~74 7374 Franklin ~lcclche County of Albemarle O~fice ogBo~d o~ Co~ Superiors 401 Mclntim Road Ch,,tflott~r~Ltlc, YA 22902-4596 (SO4) [~001 APPLICATION 'TO SERVE ON BOARD/COM~IS$ION/COMMITI~E r~.= o~ z~o~. 't ._ .I gO. ,..~r¢~_~. Numb~ of Chii&e~ . ~_ - ' to: Clerk, Board ef C~mt~ Supervisors Albemade County 401 ~ Road C]mdattesmil~ VA 22.90?,-4596 FAX: (~4) ~ss-msm