HomeMy WebLinkAbout2002-06-19 ACTIONS
Board of Su perv'.,~_n~ Meeting of June 19, 2002
June 25, 2002
AGENDA ITEM/ACTION
5:'30 P.M. - Fourth FI ,oor conference Room
1.
Call to Order.
2. Clcs~ Session. HELD.
3. Recess.
7.;O0,P.M.- ..,~an.q R 0 , 241
i. Call to order.
2. Certified Cl'o~-e_-d Se-_~'_'on. CERTIFIED.
3. PJedge °f Aile'3iance'
4. Moment of Silence.
5. From the Public: Matters Not Listed on the Agenda.
Mr. Harvey Wilcox thanked the Board for standing firm on the
Bright-Triton tc'.-,~r maffer.
6.1. Approval of Minute~ 10/3/01, 1t16/02, and 2/6/02.
6.2.
APPROVED minutes from 10/3/01 w/one grammatical change
and 1/16/02 as written.
SP-2002~004. Bright-Triton PCS - CVR 350E (Sign #75).
(Deferred from May 15, 2002) (Applicant requests
withdrawal.) APPROVED withdrawal.
Sp-2002-006. Four Seasons Learning Center (Signs
· 26&27). (Applicant requests deferral until 7/3/02.)
DEFERRED until 7/3/02.
6.4. SP-2002-12. 4749 Plank Rd Driveway (Sign #32). (Applicant
reque=~s deferral until 8/7/0.2.) DEFERRED until 8/7/02.
6.5. Authorize County Executive to sign service agreement w/
North Garden Volunteer Fire Company, Inc., advancing
$145,000 to purchase mini-pumper. AUTHORIZED CE to sign
agreement (Attachment A).
6.6. Set PH for 7/3t02 on an ordinance to change location of
polling place for Bumley Precinct in Rivanna District from
Bethel Baptist Church to Northddge Community Church of the
NeT=rene. SET PUBLIC HEARING for 7/3/02.
7. PH to consider whether to adopt a resolution requesting the" '
Commonwealth Transportation Board prohibit or restrict use of
that portion of Profit Rd (Rt 649) b/t IRt 20 and Rt 29 by through
traffic consisting of trucks or trucks and trailers or semitrailer
combinations, but excepting pickup trucks or panel trucks; and
identifying reasonable alternative routes including, but not
limited to, Rt 20to Rt 250 to Rt29, and Rt 20 to Rt 33 to Rt29.
CONSENSUS to adopt resolution.
ASSIGNMENT
Meeting was called to order at 5:30 p.m., by the
Chairman, Sally Thomas. BOS members present:
Bowerman, Dorder, Martin, Perkins, Rooker, and
Thomas. Off, ers/staff present: Tucker and Davis.
Meeting was called to order at 7:00 p.m., by the
Chairman, Sally Thomas. DOS members present:
Bowerman, Dorrier, Martin, Perkins, Rooker, and
Thomas. Officers/staff: Tucker, Davis, Cilimberg,
Bentley.
DeDutv Clerk: D~af~ letter for Chairman's signature
thanking speaker for his comments.
Cler.k..: Pull signature page for Chaim',an's
signature, then file minutes,
Clerk: Place on 7/3/02 agenda.
Clerk: Place on 8/7102 agenda.
Leqal Sewices Assistant: Return signed copy to
Clerk's office.
Clerk: Place on 7/3/02 ag~da.
Plannin,q Staff: Prepare resolution.
Clerk: Place resolution on 7110/02 consent
agenda.
8. SP-2001-033, Bethel Baptist (Signs fY34&35). AppROVED
wi13 conditions (Attachment B) recommended by the Planning
Commission,
9, SP-2002-007. Bryant's Landscaping (Sign #~29). APPROVED
wi1 condition (Attachment B) recommended by the Planning
Commission.
10. SP-2002-008. Bryant's Landscaping (Sign #28). APPROVED
11.
12,
'13.
w/1 condition (Attachment B) recommended by the Planning
Commission.
SP-2002-009. Maple Grove ChriStian chu~;ch (Sign #33).
APPROVED w/7 conditions (Attachment B) recommended by
the Planning Commission.
Resolution supporting obelisk on Carter's Bddge,
CONSENSUS to adopt resolution.
Fiom the Board: Matters Not Listed on the Agenda.
· ADOPTED resolution (Attachment D) approving concept
and process for redevelopment of the CIA Juvenile and
Domestic Relations Court.
· AUTHORIZED CE or County Attorney to execute an
agreement tolling the statutes of limitations applicable to
the claims currently being pursued by Michael and
Gertrude Weber for a period of up to one year,
conditioned upon the Webers' agreement not to file or
pursue litigation against the County dudng that pedod
unless and until the Rivanna Solid Waste Authority's
assessment for corrective measures has been approved
by the Virginia Department of Environmental Quality.
· ADOPTED resolution of appreciation (Attachment E)
recognizing Mr. Fred Kruger's service to the County
before his untimely death.
Ms. Thomas
· Asked if anyone would attend an upcoming "5
meeting which will be held to discuss community
transportation issues. Mr. Tucker said Mr. Cilimberg will
attend.
- Said she might not be at the 7/3/02 Board meeting.
Mr. Tucker
· Reminded the Board that beginning in July, the Board's
evening meetings will begin-at 6:00 p.m.
Mr. Martin
· Said he will not be at the 7/3/02. Board meeting due to
vacation,
Mr. Ro0ker
· Asked the status of a review of the County's parking
regulations. Mr. Cilimberg said a public hearing is set for
July.
Adjourn at 8:20 p,m.
Deputy Clerk:, List conditions.
Deputy Clerk: Ust condition.
Deputy, Clerk: List condition.
Deputy Clerk: Ust conditions.
L, Dorder. Prepare resolution.
Clerk: Place on 7/3/02 consent agenda.
Clerk: Sign.
Deputy Clerk_' Forward copy to Jeanne Cox.
C~l_~k: Sign resolution and give it to Jon Wells to
presented to Mr. Kruger's widow,
Community Relations Manaqer, Remind the
media.
Attachment A
SERVICE AGREEMENT
THIS AGREEMENT, made this day of ~ 2002, by and between the COUNTY
OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the NORTH GARDEN
VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company").
WHEREAS, the Fire Company agrees to continue to provide valuable fire protection servzces in
Albemarle County in its delineated service area as set forth on the Response Area Maps located at the Emergency
Communications Center ("Service Area"); and
WHEREAS, the Fire Company desires the County m contribute One Hundred Forty-Five Thousand
Dollars ($145,000.00) for the purchase ora mini-pumper for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire
Company agree, as follows:
1. The County shall contribute to the Fire Company One Hundred Forty-Five Thousand Dollars,
($145,000.00) to be used for the purchase of a mini-pumper. The funds shall be allocated from the
County's Fire Fund ("Fund") and shall be made available upon execution of this agreement.
2. The Fire Company agrees that the County will withhold Eighteen Thousand One Hundred Twenty-
Five Dollars ($18,125.00) fi:om the County's annual appropriation m the Fire Company's operating
budget beginning July 2003 through July 2010. Thus at the end of eight (8) years, which is the term of
this Agreement, a total of $145,000 shall be withheld. This withholding may be used by the County to
replenish the Fund for so long as the County, at its discretion, continues such Fund. This withholding
is in addition to the withholding for all prior advances under the prior service agreements with the Fire
Company dated January 5, 1996 and February 12, 1999. The Fire Company agrees that any mount of
this repayment that may exceed the County's annual appropriation will be remitted to the County no
later than July 31 of each repayment year.
3. The Fire Company agrees that the One Hundred Forty-Five Thousand Dollars ($145,000.00)
contribution shall be used only for the purchase of the mini-pumper to be used to provide fire services
in Albemarle County. The Fire Company further agrees that it shall not convey the mini-pumper or
any interest therein to any party other than the County without the County's prior written consent
during the useful life of the mini-pumper or the term of this Service Agreement, whichever is longer.
For purposes of this Agreement, the useful life of the mini-pumper shall be fifteen years from the date
the mini-pumper is placed into service. In addition, the Fire Company agrees that any insurance
proceeds received from a claim related to any damage to the mini-pumper shall be used entirely for the
immediate repair and improvement of the mini-pumper unless the County expressly authorizes in
writing a different use for such funds.
4. The Fire Company agrees that at such time as it no longer provides volunteer fire protection services in
Albemarle County while operating under the jurisdiction of the County that it shall convey all of its
interest in the vehicle described in paragraph 1 to the County at no additional cost to the County ul~n
the County's request.
The County and Fke Company agree that the covenants set forth in thek prior agreements dated
January 5, 1996 and February 12, 1999, to the extent they are not in conflict with this Agreement, shall
remain in full force and effect.
Nothing contained herein shall be construed to prevent additional appropriations by the County to
Fke Company, at the discretion of the County Board of Supervisors, to support, enhance, or augment
the services to be provided by the Fke Company.
4
Attachment B
CONDITIONS
SP-2001-033 Bethel Baptist
1. The church's improvements and the scale and location Of the improvements shall be developed in
general accord with the site plan entitled "Addition To Bethel Baptist Church", prepared by Scott
A. Smith, and dated Apd! 2, 2002;
2. The area of assembly shall be limited to a maximum two-hundred-sixteen (216)-seat sanctuary;
3. Health Department approval of existing well and septic systems as well as any improvements to
the existing systems;
4. Commercial setbaCk standards for side and rear setbacks, as set forth in Section 21.7.2 of the
Albemarle County Zoning Ordinance, shall be maintained adjacent to residential uses or
residentially zoned properties (including RA zoned property). The front setback shall confonm to
the Rural Areas standard as set forth in Section 10.4 of the Albemarle County Zoning Ordinance;
5. There shall be no day care center or private school on site without approval of a separate special
use permit;
6. VDOT approval of entrances and closures including providing entrance radii and profile on the
site plan, closure of the entrance to Bumley Station Road (Route 641), the existing entrance
[approximately fifteen (15)-feet wide] to Watts Passage (Route 600) being dosed and relocated
approximately ninety (90)-feet to the south. The proposed new entrance shall meet commercial
standards;
7. A site plan shall be reviewed and approved by the Planning Commission before the two (2)
storage buildings (designated storage building #1 and storage building ~2 on the site plan dated
March 10, 2002) are used as temporary classrooms. A certificate of occupancy shall be required
pdor to their use as temporary classrooms;
8. Within thirty (30) days upon issuance of a certificate of occupancy for the proposed church
addition, the storage buildings shall no longer be permitted to be used as temporary classrooms;
9. The residential dwelling on the property shall be used only as a parsonage residence;
10. Prior to final site plan approval, off-site topography shall be shown on the site plan for review and
approval by the Engineering Department;
11. All existing gravel areas not included in the existing and proposed parking areas and travelways
shall be replaced with vegetative cover;
12. Ali parking areas shall drain to the proposed BMP/stormwater basin; and,
13. The final site plan shall be reviewed and approved by the Planning Commission.
SP-2002-007 Bryant's, LandscaDinQ
1. All fertilizers, herbicides, and pesticides shall be stored under roof and off the ground.
SP-2002-008 Bryant's LandscaDina
1. Ali fertilizers, herbicides, and pesticides shall be stored under roof and off the ground.
SP,-2002~09. Maple Gr.0.ve Christian Church
1. No new structures or additions shall be constructed Closer than f~y (50)-feet to any side or rear
property line;
2. The church's improvements and scale and locations of the improvements shall be developed in
general accord with the Preliminary Site Plan (Attachment A) entitled, "Maple Grove Christian
ChurCh Preliminary Site Plan" dated May 7, 2002 (revisionS);
3. The main area of assembly shall be limited to a maximum four-hundred-twenty-five (425)-seat
sanctuary;
4. There shall be no day care center or private school on site without approval of a separate special
use permit;
5. Dedication of :an eighteen (18)-foot of right of way along the frontage °f this property °n Rt- 649 t°
accommodate the improvements shown in the VDOT Six Year Secondary Plan;
6. The four buildings identified in "Maple GrOve Christian Church Preliminary Site Plan" dated May
7, 2002 (revisions) shall, be connected to public water and sewer;, and,
Within the twenty (20)-foot undisturbed commercial buffer only enhancement to the buffer will be
allowed.
6
I
Attachment D
RESOLUTION APPROVING THE CONCEPT AND PROCESS
FOR REDEVELOPMENT OF THE
CHARLOTTESVILLE/ALBEMARLE JUVENILE AND DOMESTIC RELATIONS COURT
To insure that the Charlottesville/Albemarle Juvenile and Domestic Relations Court redevelopment
project proceeds in a timely manner, the Albemarle County Board of Supervisors hereby resolves as
follows:
A. The firms of Moseley Architects and Wallace, Roberts and Todd (WRT) will be responsible for the
following phases of the project:
1) WRT: design development and schematic design
2) Moseley: construction documents and construction administration.
Total architectural fees will remain at $650,000; project estimates, including soft costs, will remain at
-$9.638 million.
Project schedule will remain at 130 weeks.
The City Manager and the County Executive, with the advice of City Council and the Board of
Supervisors, will appoint an advisory committee (much like the original negotiating committee) to work
with the architectural teams on the final design. Whereas the Board of Supervisors believes that
significant community involvement has been provided by input from the prior committee and the
completed public participation process, the Board will support this new advisory committee provided
that its participation will be completed within and without delaying the defined projeCt schedule.
Final design will be submitted to the Board of Architectural Review as legally required with the
understanding that City Council will not delay a final approval of the project so that its completion
within the project schedule is assured.
The footprint for the J&DR Court renovation/expansion shall remain substantially as proposed; the
programmatic elements will remain as proposed. The project will include a two-tier parking deck and
the location of the building/structures in relation to the old jail will remain as proposed. The intent of
the design is to preserve and enhance the original historic fa(~ade.
The final design will insure that the first phase of the project does not hinder or ~promise the future
development of a jail preservation project, nor prevent the creation of a pedestrian area/plaza
adjacent to the old jail and Juvenile and Domestic Relations Court.
H. The project shall meet the parking requirements outlined by the negotiating committee.
Proceeding pursuant to this Resolution is contingent upon City Council's concurrence with the
provisions herein.
JUNE 5, 2002
RECEIVED AT BOS MEET1NG
Date: (.,,/I
Clerk's Initials:
CLOSED SESSION MOTION
I MOVE THAT THE BOARD GO INTO CLOSED
SESSION PURSUANT TO SECTION 2.2-3711(A) OF
THE CODE OF VIRGINIA
. UNDER SUBSECTION (1) TO CONDUCT AN
ADMINISTRATIVE EVALUATION; and
UNDER SUBSECTION (7) TO CONSULT WITH
LEGAL COUNSEL AND STAFF REGARDING
PENDING LITIGATION RELATING TO AN
ENVIRONMENTAL CLAIM.
JUNE 5, 2002
RECEIVED AT BOS MEETING
Date: _ (¢//~/~ 2..-
Clerk's I~:. ~
CLOSED SESSION MOTION
I MOVE THAT THE BOARD GO INTO CLOSED
SESSION PURSUANT TO SECTION 2.2-3711(A) OF
THE CODE OF VIRGINIA
· UNDER SUBSECTION (1) TO CONDUCTAN
ADMINISTRATIVE EVALUATION; and
UNDER SUBSECTION (7) TO CONSULT WITH
LEGAL COUNSEL AND STAFF REGARDING
PENDING LITIGATION RELATING TO AN
ENVIRONMENTAL CLAIM.
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
MATTERS NOT LISTED ON THE AGENDA
FROM THE PUBLIC
2
3
4
~5
NAME (Please print clearly) , ,,
, , ,,
7
9
10
11
12
i3
PHONE NUMBER/ADDRESS
~ ~',~ ~ /~ ~ "~¥~
David P. Bowerman
Rio
Lindsay G. Dorrier. Jr.
Scottsvllle
Charles S, Martin
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
40I Mclntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
June 24,2002
Walter F. Perkins
White Hall
Dennis S. Rooker
Jack Jouett
Sally H. Thomas
Samuel Miller
Mr. Harvey Wilcox
P.O. Box 338
Ivy, VA 22945
Dear :
Thank you for appearing before the Board of Supervisors on June 19, 2002, to express your
gratitude for the Board standing firm on the Bright-Triton tower matter. The Board greatly appreciated
having its efforts recognized.
Again, thank you for your comments.
Sincerely,
Sally H. Thomas
Chairman
SHT/lab
Prinzed on recycled paper
To:
From:
Members, Board of Supervisors
E#a Washin on Ca y,
Subject: Reading 13st for June I 9, 2002
Date: June 12, 2002
October 3, 200t
January 16, 2002
February 6, 2002
Pages 33 (be~nning Item # I I) - end - Ms. Thomas
Mr. $owerman
Pages I- 27 (end with Item # 12) - Ms. Thomas
NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ
THEM.
/ewc
McGuireWoods LLP
Court Square Building
310 Fourth Street N.E.. Suite 300
P.O. Box 1288
CharloResvil]e~ VA 22902-1288
Phone: 434.977.2500
Fax: 434.980.2222
www. mcguirewoods.com
Valerie W. Long
Direct: 434.977.2545
McGU]REW( DS
v]ong@mcguirewoods.corn
Direct Fax: 434.980.2265
June 18,2002
VIA FACSIMILE
Ms. Ella W. Carey
Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Mr. Stephen Waller
Planner
Albemarle County Department of
Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, VA 22902-4596
Re: SP 02-04 Bright. (Triton PCS-CVR 350E)
Dear Ms. Carey and.Mr. Waller:..
On behalf of our'client-Triton pCs, Inc.; I respectfu y.request to withdraw SP 02-04 Bright
(Triton PCS -CVR/350E);effective. mmediately. Pursuant to an agreement reached with the
Director of Building Code and Zoning Services earlier today, Triton will come into compliance
with the conditions of approval of SP 01-08 within sixty (60) days by replacing the entire pole.
addition, Triton will have the pole painted with a paint finish that will result in less visibility.
I will be out of the office on a leave of absence beginning June 19th. Should you have any
questions regarding this issue, or require anything further to effectuate this request, please
contact Michael Fogarty in my office at 980-2230. I appreciate your assistance with this
request.
In
Sincerely,
Valerie W. Long
cc: Members of the Boardof Supervisors-,.:, ,~ : '
Members of.the Planning Commission' ~ · .:
Amelia McOulley,~ Director of :Building C0de andZoning Se~ices: .::: _.
V. Wayne Cilimberg, Director of Planning and Community Development
~ ,. FrartkJ. Sherta!l, TdtonPCS, Inc.
Dale Finocchi, Triton PCS, Inc.
. Gloria L: Freye, McGuireWoods LLP ~. '
Michael R. Fogarty, McGuireWoods LLP
\~REA\120290.1
06-19-02A09:34 RCVD
06/18/2002 T[~ 12:$9 FAX 804 980 2222 ~W LLP Ct~RLOTTESVILLE ~002/002
~McGullreWoods LLP
Court $o~uare Building
310 Fourth Street N.E.r Suite 300
P.O. ]Box 1280
Charlottesville, VA 22902-128§
Phone: 434,D77.2500
Fax; 4~4.980.2222
www. rnc_gulrcwoods.¢om
Vnl~rie W- LOllg
Divot: 434,977,2545
McGUIREWC DS
vlong@ mcguirewoods.cora
Direct Fax 434,980,Z265
June 18,2002
VIA FACSIMILE
Ms. Ella W. Gamy
Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Mr. Stephen Waller
Planner
Albemarle County Department of
Planning & Community Development
401 Mclntire Road, Room 218
CharlottesVille, VA 22902-4596
Re: SP 02-04 Brig_.ht (Triton PCS - CVR 3S0E)
Dear Ms. Garey and Mr. Waller:
On behalf of our client Triton PCS, Inc., ! respectfully request to withdraw SP 02-04 Bright
(Tdton PCS - CVR 350E) effective immediately. Pursuant to an agreement reached with the
Director of Building Code and Zoning Services earlier today, Triton will come into compliance
with the conditions of approval of SP 01-08 within sixty (60) days by replacing the entire pole.
addition, Tdton will have the pole painted with a paint finish that will result in less visibility.
I will be out of the office on a leave of absence beginning June 19th. Should you have any
questions regarding this issue, or require anything further to effectuate this request, please
contact Michael Fogarty in my office at 980-2230. ! appreciate your assistance with this
request.
In
Sincerely,
Valerie W. Long
cc: Members of the Board of Supervisors
Members of the Planning Commission
Amelia McCulley, Director of Building Code and Zoning Services
V. Wayne Cilimberg, Director of Planning and Community Development
Frank J. Shortall, Triton PCS, Inc.
Dale Finocchi, Tdton PCS, Inc.
Gloria L. Freye, McGuireWoods LLP
Michael R. Fogarty, McGuireWoods LLP
\\REA\ 120290. l
McGulreWoods LLP
Court Square Buildin§
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: 434.977.2545
McGU]REWC DS
vlong@mcguirewoods.com
Direct Fax: 434.980.2265
June 6,2002
VIA FACSIMILE AND MAIL
Ms. Ella W. Carey
Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Re: SP 02-04 Bright (Triton PCS - CVR 350E)
Dear Ms Carey:
On behalf of our client Triton PCS, Inc, I respectfully request that the Board of Supervisor's
consideration of SP-02-04 Bright (Triton PCS, Inc. - CVR 350E) be deferred so that Triton may
amend its application, and so that the application may be referred back to the Planning
Commission for consideration.
Should you require anything further to effectuate this request, please contact me at 977-2545.
Sincerely,
Valerie W. Long
VWL/hll
CC:
The Honorable Sally H. Thomas (via facsimile)
Amelia McCulley, Director of Building Code & Zoning Services (via facsimile)
V. Wayne Cilimberg, Director of Planning and Community Development (via facsimile)
Stephen Waller, Department of Planning and Community Development (via facsimile)
\\R~A\i 19134.1
06/06/2002 T]~ 16:44 FAX 804 980 2222 MW LLP
310 Fou~ ~t~ N.E.,
RO. a~ 1268
cha~mo~vimme, vA 22902-1288
P~ene:
Fax:
~,~gui~Od$.c~
~erle W. Long
~mc: 434.977,2~45
McGUIREWC DS
CHARLOTTESVILLE
002/002
vlong~mcguirewnods.cnm
Direct Fax: 434,980,2265
June 6, 2002
VIA FACSIMILE AND MAIL
Ms. Ella W. Carey
Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902-4596
Re: SP 02-04..Briaht (Triton PCS - C.VR 350E)
Dear Ms. Carey:
On behalf of our orient Tdton PCS, Inc, I respectfully request that the Board of Supervisor's
consideration of SP-02-04 Bright (Triton PCS, Inc. - CVR 350E) be deferred so that Triton may
amend its application, and so that the application may be referred back to the Planning
Commission for consideration.
Should you require anything further to effectuate this request, please contact me at 977-2545.
Sincerely,
Valerie W. Long
VWL/hll
CC:
The Honorable Sally H. Thomas (via facsimile)
Amelia McCulley, Director of Building Code & Zoning Services (via facsimile)
V. Wayne Cd~mbe g, Director of Planning and Community Development (via facsimile)
Stephen Waller, Department of Planning and Community Development (via facsimile)
FOUR SEASONS LEARNING CENTER
20 Lakeview Drive, Charlottesville Virginia 22911
June 10, 2002
County of Albemarle
Department of Planning and Community Development
401 Mclntire Road, Room 218
Charlottesville, VA 22902-4596
(434) 296-5823
Re: SP 2002-006 Four Seasons Learning Center Tax Map 61X1, Parcel 5
To County of Albemarle Board of Supervisors;
This letter is a request to defer the hearing scheduled for Wednesday, June 19, 2002
Between Albemarle County Board of Supervisors and Four Seasons Learning Centen
Because the representative will be away on business, Four Seasons Learning Center would
like to request to reschedule for July ~ 2002.
Sincerely~~~ ~n~r
Four Seasons Learning ' ~nte~r
DRIVE · CHARLOTTESVILLE, VA ° 22901
i:.[tONc: 434-975~4455 ° FAX: 434-975-4455
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Extension of Streetlight Agreement with American
Electric Power (AEP), formerly Appalachian Electric
Power Company
SUBJECT/PROPOSAL/REQUEST:
Approve extension of Streetlight Agreement with AEP
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Graham, Muhlberger
AGENDA DATE:
June 5, 2002
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Expired AEP Streetlight Agreement
5/17~02 Letter Agreement
REVIEWED BY ~~/~F~
BACKGROUND:
American Electric Power (AEP), formerly Appalachian Electric Power Company, provides power for 87 streetlights located in
Southern Albemarle ranging from Keene to Scottsville. The attached 1990 Agreement between the County and AEP has
expired. AEP has offered to extend the terms of this agreement on a month-to-month basis.
DISCUSSION:
The County pays AEP approximately $5,600 per year to power streetlights in Southern Albemarle. Staff has enjoyed a good
working relationship with AEP and is satisfied with service provided by this company.
RECOMMENDATION:
Staff recommends the Board authorize the County Executive to execute the letter agreement to extend the expired streetlight
agreement with AEP.
02.074
05-28-02A09: 29 RCVD
American Electric Power
PO 8ox1000
Lynchburg, VA24505-1000
804 522-4200
May 17, 20O2
ELECTR/C
II'OWER
Mr. Paul Muhlberger
Albemarle County
401 Mclntire Road
Room 211
Charlottesville, V~nia 22902
Dear Paul,
As you are aware, the current street lighting agreement with AEP has expired. However,
in lieu of a new executed stxeet lighting agreement; AEP is agreeing to extend the terms
of the previous street lighting agreement (utilizing current rates for streetlights as thev are
or will be enacted) on a month to month basis with a 30 days cancellation notice by ~ither
party. If you agree to this arrangement; please countersign below and return an original
to me.
Should you have questions or wish to discuss this matter, please call me at 434-522-4336.
Sincerely,
Anthony D. Woodall
Customer Services Engineer
Boar/0~~isors~)fAlbemarle~g~ ' ~~-~~ County, Virginia
David P. Bowerman
Rio
Lindsay G. Dorrier, Jr.
Scottsville
Charles S. Martin
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Walter F. Perkins
White Hall
Dennis S. Rooker
Jack Joue~t
Sallv H. Thomas
Samuel Miller
June 11,2002
Mr. Anthony D. Woodall
Customer Services Engineer
American Electric Power
P.O. Box 1000
Lynchburg, VA 24505-1000
Dear Mr. Woodalk
At its June 5, 2002 meeting, the Board of Supervisors authorized the County
Executive to sign the attached Extension of Streetlight Agreement with your company.
have enclosed the original signed agreements for your records.
Please call me if you have any questions. Thank you.
Sincerely,
Laurel A. Bentley, CMC
Senior Deputy Clerk
Cc: Paul Muhlberger
Attachment
Printed, on recycled paper
~EP LYNCHBURG
804 522 4251
THZ~ A~REE~T entered ~n~o this day o£ , .19 .
by and be=~een APPALACHIAN
BOARD OF CO.TX'- SUPERVISORS OF ALBE~ CUUN'&'I~ VIRGINIA ,
herea~e~ caii~d
For and in consideration o£ the mutual covenants and agreements
hereSnafter contained, the parties hereto agree ~i~h each other, as
1, Throughout the te~ of th~$ agreement, 2he Company agrees
initially o~ ~e n~er of lamps of ~he size and ~y~ sec for~ be~ov,
h~ur after sunse~ un=il one-hal~ hour before ~unrise eve~ nigh~, app~x~atsly
4,000 ho~s per
NO. SIZE ..
0P ~NITS IN LUMENS TYPE
79
8
7,000
11,000
OVH. - MV - WOOD POLE
OVH. = MV - WOOD POLE
P.O1
It is agreed that the minimum number of lamps provided and main:dined by the
company throughout the =e~ of =his Agreement shall no: be lees than ~he
2. The Customer agrees ~O accept the service herein speclfiea
=he term of this Agreement and co pay there£or at =he rates, for the per~ods, and
under the S~eoial Terms and Cond~=ions of Service set forth in tBe attached
EX~ibLt A, or any s=bsequent revls~on ~here~o. The rates and ra~ periods
provided for in this Agreement shall be sub,eot to r~vlsion for s=reet ~ighting
service rendere~ on an~ after July 1, 1987, and perio~ically thereafter.
revisions will'be those eslablishe~ for street lighting in Virginia through =he
company's negotiations with =he Customer or those authorized to negotiate o~
Cu~tom~r'~ behalf. The rates charged pending completion o~ ~uch negotiatipns
shall'be those proposed by the Company and such ~ates shall b~ collec~d by the
Company subject to ref~d {with interes= at the rate than being paid by the
Company on its customer deposits in Virginia) in the event that the rates
ultimately agree4 upon by the Company a~d the Customer ara less =hen the rates
prop°sea by the Co~pany.
B. Upon receipt Of a written notice from a duly authorize~ represent-
ative of the Customer, =he Company agrees =o install additional lamps.
lamps ~haI1 be provided by the company and paid for by =he Cue:omar in
~ith the rates and Special Terms and Conditions of Service set forth in =he
attached Exhibit A, or any mubsequent re~ision thereto. Whenever additional
lamps are so ordered, =he minimum number of lamps to be ~rnlshed throu~hou~ the
rematnde~ of the period covered by this Agreement shall be increased accordingly.
MA~-W?-2002 16: 45
REP LYNCHBURG
804 522 4251 P.02
4. ~he C~mpa~y rese~s the riqh~ to renego~ia~e ~he terms of ~h~s
Agreement whenever ~he Customer requests a sipni£icant (10t or more] increase
during any =welve-month ~a=iod in the n~r of lamps provided pursuant to
AgZeement.
5. All bills shall be rendered monthly and shall be due upon
accoun=~ no= so paid, a charge o~ I-1/2% ~r ~nth will be applie~ =o any
balances not received ~y ~e C~pan~ by ~$ next ~ill ~ate. The Comply
desi~ati~n shall b, mad, by written notice mailed or ~%vered by ~he Cu,tomer
to.~e Co.any at =he follo~ing ad~ess~ ~. O. BOX
o~' '~'0 O--Main St., Lync~Ddrg', vA-
6. All ma~erial ~urnishe~ by ~e Company shall re~n ~e pro~er=y o~
~e Company and may be =~oved at ~e te~nation o~ =his Agreement, i~ ~e
Compan~ ~o ~esires.
7. ~ho Company shall keep oath ana every lam~ herein s~ecifi~
o~ the Customer o~ the outag~ o~ .such 1~9 or l~p~. Company s~ll also use
8. If the Customer shall defau!= in ~he paten= uf any bills a~
her~i~efore pro~i~e~, the Compan~ may at its option, a~:er havin~ given ten
days' wri=ten no=ice o~ its in:entlon to ao so, 4iscontinue the ~ervi~e herein
spectfie~ and continuu ~o withhol~ the ~pply o~ electr~= energy ~o~
lighting ~til such rime as =he Customer has made pa~ent for all bills in which
it is in arrears. ~y such suspension o~ servic~ by =he Company ~hall not
=e~ina~e thi~' Agreement ~l~s Company ~o elects.
9. 9he Customer. a~ a ~urther consideration for =he prom~se~ and
Company ~he privilege o~ ~ u=e of the streets, alley~ and p~li~ place~ o~ said
Cue=omar ~or the put.se of placing ils ~les and e~ipment for providing thi~
~ice. Such pe~izmion, however, ~hall not ~e deeme~ ~n any manner to amoun~
to a franohise awarded pursuant to the Consti~u=ion an4 ~e law~ o~ the
c~nweal~ of Virginia.
10. ~1 and singular ~he ~e~s and uon4itions o~ =his Agreement shall
be binding u~on an~ inure t0 ~e benefi= of the par=ie~ hereto, =h~ir
successors and/or ' assigns.
11. This Agreemen~ can~els and supersedes all previous
relating to the supply of the service ~e~c~ibe~ herein.
12. T~ effective ~ate o~ ~is ~re~nt shall bzJU~e 1, 1990 ,
aha it ~hall =e~ina=~ on .... ~ay 31~ 200D .
IN WITNESS WHEreOF, the parties hereto have caused these 'presents to be
executed in tripl~ca=e by ~eir ~uly authorized officers th~ day an~ year firs=
ATTEST:
ATTEST:
APPALACHIAN POWER COMPANY
v :so s
clerk
TOTRL P.02
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Service Agreement with North Garden Volunteer Fire
Company, Inc.
SUBJ ECTIPROPOSAL/REQU EST:
To authorize the County Executive to sign the service
agreement with North Garden Volunteer Fire Company, Inc.
advancing $145,000 to purchase a mini-pumper.
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Eggleston
AGENDA DATE:
June 19,2002
ACTION:
CONSENT AG ENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACHMENTS:
REVIEWED BY:
BACKGROUND:
Several years ago Albemarle County established a revolving fund to be used by the ten volunteer fire and rescue companies in
the County. This fund, currently funded at two million dollars, provides the volunteer companies a means of acquiring needed
fire-fighting and rescue squad equipment and buildings,-interest free, with repayments being deducted from their annual County
appropriation. Requests for disbursements from the fund are monitored and approved by Albemarle County Fire Rescue
Advisory Board (ACFRAB).
DISCUSSION:
The current amount available in the revolving fund is $197,149.48. North Garden Volunteer Fire Department, has requested,
through ACFRAB an advance of $145,000 to be used for the purchase of a mini-pumper to be utilized for brush fires, auto fires,
motor vehicle accidents and to serve as a water supply unit. North Garden has executed the standard service agreement
approved by the County Attorney's office. This advance can be disbursed upon approval of this agreement by the Board of
Supervisors. Repayment of the allocation will be over an eight year period beginning in FY 03-04.
ACFRAB has approved this request.
RECOMMENDATION:
Staff recommends authorizing the County Executive to execute the attached Service Agreement.
06-1t-02P01:53 RCVD
02.084
SERVICE AGREEMENT
THIS AGREEMENT, made this ~ 'r~ day of ,J t/t,t~ ,2002, by and between the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the NORTH
GARDEN VOLUNTEER FIRE COMPANY, INC., a Virginia Corporation, (the "Fire Company").
WHEREAS, the Fire Company agrees to continue to provide valuable fire protection services
in Albemarle County in its delineated service area as set forth on the Response Area Maps located at
the Emergency Communications Center (''Service Area"); and
WltEREAS, the Fire Company desires the County to contribute One Hundred Forty-Five
Thousand Dollars ($145,000.00) for the purchase of a mini-pumper for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and
Fire Company agree, as follows:
1. The County shall contribute to the Fire Company One Hundred Forty-Five Thousand Dollars,
($145,000.00) to be used for the purchase of a mini-pumper. The funds shall be allocated from the
County's Fire Fund ("Fund") and shall be made available upon execution of this agreement.
2. The Fire Company agrees that the County will withhold Eighteen Thousand One Hundred Twenty-
Five Dollars ($18,125.00) from the County's annual appropriation to the Fire Company's operating
budget beginning July 2003 through July 2010. Thus at the end of eight (8) years, which is the
term of this Agreement, a total of $145,000 shall be withheld. This withholding may be used by
the County to replenish the Fund for so long as the County, at its discretion, continues such Fund.
This withholding is in addition to the withholding for all prior advances under the prior service
agreements with the Fire Company dated January 5, 1996 and February 12, 1999. The Fire
Company agrees that any amount of this repayment that may exceed the County's annual
appropriation will be remitted to the County no later than July 31 of each repayment year.
3. The Fire Company agrees that the One Hundred Forty-Five Thousand Dollars ($145,000.00)
contribution shall be used only for the purchase of the mini-pumper to be used to provide fire
services in Albemarle County. The Fire Company further agrees that it shall not convey the mini-
pumper or any interest therein to any party other than the County without the County's prior written
consent during the useful life of the mini-pumper or the term of this Service Agreement, whichever
is longer. For purposes of this Agreement, the useful life of the mini-pumper shall be fifteen years
from the date the mini-pumper is placed into service. In addition, the Fire Company agrees that
any insurance proceeds received from a claim related to any damage to the mini-pumper shall be
used entirely for the immediate repair and improvement of the mini-pumper unless the County
expressly authorizes in writing a different use for such funds.
4. The Fire Company agrees that at such time as it no longer provides volunteer fire protection
services in Albemarle County while operating under the jurisdiction of the County that it shall
convey all of its interest in the vehicle described in paragraph 1 to the County at no additional cost
to the County upon the County's request.
5. The County and Fire Company agree that the covenants set forth in their prior agreements dated
January 5, 1996 and February 12, 1999, to the extent they are not in conflict with this Agreement,
shall remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the County to
the Fire Company, at the discretion of the County Board of Supervisors, to support, enhance, or
augment the services to be provided by the Fire Company).
Wimess the following signatures and seals: ~///~ .~-~'. 1 4_ ,e~
' RG~3ERT W. TUCI~V~, JR. X _
ALBEMARLE COUNTY EXECU~
Date
By
NORTH L~ARDEN
COMPANY, INC.
Approved as to Form:
~'"-------C~unt y,~f[trome y-
COMMONWEALTH OF VIRGINIA
coUNTy OF ALBEMARLE:
The foregoing Service Agreement was signed, sworn to and acknowledged before me this
~ / day of~,neJ~aty, (tab)CO'O"2 by Robert W. Tucker, Jr.~
Notary Public '
My Commission Expires: ~ 3./,
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing Service Agreement was s[~ed~,swom t~d ackno~tged before me this
day of June, 2002 by ('~.~ .~ ~ffr. ,-/O~ . ~ / // /
_ . .~ ~ary Public j
My Commission Expires: / ~,~/- 0,~
2
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance Amendment - Elections - Rivanna
Magisterial District - Change of Polling Place
SUBJECT/PROPOSAL/REQUEST:
Set for public hearing the proposed ordinance
changing the location of the polling place for the
Burnley Precinct in the Rivanna Magisterial District.
STAFF CONTACT(S):
Messrs. Tucker, Davis, Harris
AGENDA DATE:
June 19, 2002
ACTION:
CONSENT AGENDA:
ACTION: Yes
ATTACH M E NTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Ordinance
BACKGROUND: /
Virginia Code § 24.2-307 requires that the Board of Supervisors establish polling places by ordinance. Albemarle
County Code § 2-103(C)(1) establishes the Bethel Baptist Church as the polling place for the Burnley Precinct in
the Rivanna Magisterial District. The Albemarle County Electoral Board recently recommended that th e polling
place be changed to the Northridge Community Church of the Nazarene.
DISCUSSION:
The Albemarle County Electoral Board has recommended that the Northridge Community Church of the Nazarene
replace the Bethel Baptist Church as the polling place for the Burnley Precinct. This change is necessary because
the Bethel Baptist Church is not compliant with the Votin§ Accessibility for the Elderly and Handicapped Act. The
pollin§ place in the church is in a room accessible only by an interior stairway, and the church does not desire to have
the alterations made that are needed to comply with the Act. The Northridge Community Church of the Nazarene is
located at 5100 Dickerson Road, which is outside of the Burnley Precinct. However, it may be used as a polling
place for the Burnley Precinct because it is within 1,500 yards of the precinct boundary (Virginia Code § 24.2-310).
The Northddge Community Church of the Nazarene is currently under construction, and will comply with the Act.
RECOMMENDATION:
Staff recommends that the attached ordinance be set for public hearing on July 3, 2002.
06-13-02P08:~2 RCVD
02.086
Draft: 06/10/02
ORDINANCE NO. 02-2( )
AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I,
ELECTIONS, 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 2, Administration, Article I, Elections, is hereby amended and reordained as
follows:
By Amending:
Sec. 2-103 Rivanna Magisterial District
Chapter 2. Administration
Article I. Elections
Sec. 2-103 Rivanna Magisterial District.
The Rivarma Magisterial District shall be bounded, and contain voting precincts
and polling places, as follows:
A. Description of district: Beginning at the intersection of Interstate 64 and
the Albemarle/Fluvanna County line; then northeast along the Albemarle/Fluvanna
County line to its intersection with the Albemarle/Louisa County line; then northeast
along the Albemarle/Louisa County line to its intersection with the Albemarle/Orange
County line; then west along the Albemarle/Orange County line to its intersection with
the Albemarle/Greene County line; then west along the Albemarle/Greene County line to
its intersection with Seminole Trail (U.S. Route 29); then southwest on Seminole Trail to
its intersection with Dickerson Lane (State Route 763); then west on Dickerson Lane to
its intersection with Dickerson Road (State Route 606); then south on Dickerson Road to
its intersection with the North Fork Rivanna River; then southeast along the North Fork
Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then south along
Seminole Trail to its intersection with the South Fork Rivanna River; then meandering
southeast along the South Fork Rivanna River to its confluence with the North Fork
Rivanna River and Rivanna River; then meandering southeast along the Rivanna River to
its intersection with Interstate 64; then following Interstate 64 east to its intersection with
the Albemarle/Fluvanna County line, the point of origin.
B. Voting precincts: The district shall be divided into five (5) voting
precincts, as described herein:
1. Burnley Precinct: Beginning at the intersection of Seminole Trail
(U.S. Route 29) and the Albemarle/Greene County line; then southeast along the
Albemarle/Greene County line to its intersection with the Albemarle/Orange County line;
then southeast along the Albemarle/Orange County line to its intersection wi{h the
Draft: 06/10/02
Southern Railway right-of-way; then southwest along the Southem Railway right-of-way
to its intersection with the North Fork Rivanna River; then meandering northwest along
the North Fork Rivanna River to its intersection with Dickerson Road (State Route 606);
then northeast on Dickerson Road to its intersection with Dickerson Lane (State Route
763); then east on Dickerson Lane to Seminole Trail (U.S. Route 29); then north on
Seminole Trail to its intersection with the Albemarle/Greene County line, the point of
origin.
2. Free Bridge Precinct: Beginning at the confluence of the Rivanna
River and Redbud Creek; then east with Redbud Creek to its origin near the ridge of
Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridge line of
the Southwest Mountain range to its intersection with the origin of Barn Branch; then
southeast with Barn Branch to its intersection with Interstate 64; then west on Interstate
64 to its intersection with the Rivanna River; then meandering northwest with the
Rivanna River to its confluence with Redbud Creek, the point of origin.
3. Hollymead Precinct: Beginning at the intersection of the Southern
Railroad right-of-way and the South Fork Rivanna River; then meandering northwest
with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route
29); then north on Seminole Trail to its intersection with the North Fork Rivanna River;
then meandering southeast along the North Fork Rivanna River to its intersection with
the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-
way to its intersection w/th the South Fork Rivarma River, the point of origin.
4. Keswick Precinct: Beginning at the intersection of the
Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa
County line to its intersection with the Albemarle/Fluvanna County hne; then southwest
with the Albemarle/Fluvanna County line to its intersection with Interstate 64; then west
on Interstate 64 to its intersection with Barn Branch; then northwest with Barn Branch to
its origin near the ridge of the Southwest Mountain range; then northeast with the ridge
line of the Southwest Mountain Range to its intersection with the Albemarle/Orange
County line; then east with the Albemarle/Orange County line to its intersection with the
Albemarle/Orange/Louisa County'line, the point of origin.
5. Stony Point Precinct: Beginning at the intersection of the South
Fork Rivanna River and the Southern Railroad right-of-way; then meandering southeast
to its confluence with the North Fork Rivanna River and Rivanna River; then meandering
south along the Rivanna River to its confluence with Redbud Creek; then east with
Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest
Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its
intersection with the Albemarle/Orange County line; then west with the
Albemarle/Orange County line to its intersection with the Southern Railroad right-of-
way; then southwest with the Southern Raikoad right-of-way to its intersection with the
South Fork Rivanna River, the point of origin.
Draft: 06/10/02
C. Polling places: Each voting precinct shall have a polling place at the
location identified below:
Burnley Precinct: D^*'h~l B'n~t-i,,.- t"~l~ .... h g/It'll llT~tq-, T} .......
Northridge Commtmitv Church of the Nazarene, 5100 Dickerson Road.
2. Free Bridge Precinct: Elk's Lodge Hall, 389 Elk Drive.
Creek Drive.
Hollymead Precinct: Hollymead Elementary School, 2775 Powell
Road.
Keswick Precinct: Union Grove Baptist Church, 471 Black Cat
Point Road.
Stony Point Precinct: Stony Point Elementary School, 3893 Stony
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord.
98-A(1), 8-5-98, § 2-100(3), § 2-103; Ord. 01-2(1), 5-9-01; Ord. 02-2(3), 5-1-02)
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. Martin
Mr. Perkins
Mr. Rooker
Ms. Thomas
Aye Nay
Clerk, Board of County Supervisors
PUBLIC NOTICE
Notice is hereby given that the Board of Supervisors of Albemarle County, Virginia, will consider the
adoption of an ordinance to amend section 2-103, Rivanna Magisterial District, of Article I, Elections, of
Chapter 2, Administration, of the Albemarle County Code and will hol~l a public hearing to receive public
comments on the proposed ordinance on July 3, 2002, at 9:00 a.m., in Room 241 of the Albemarle
County Office Building, 401 Mclntire Road, Charlottesville, Virginia. The proposed ordinance would
change the polling place for the Burnley Precinct of the Rivanna Magisterial District from the Bethel
Baptist Church, 5401, VVatts Passage, to the Northridge Community Church of the Nazarene, 5100
Dickerson Road. A copy of the full text of the proposed ordinance is on file in the Office of the Clerk of
the Board of Supervisors, Albemarle County Office Building, 401 Mclntire Road, Charlottesville, Virginia,
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
RECEIVED
1 1 2002,
County of ^lben~_rle
Coun~ Executives~
MEMORANDUM
FROM:
DATE:
RE:
Robert W.-Tucker, Jr., County Executive
V. Wayne Cilimberg, Director of Planning & Community Development
June 10, 2002
Albemarle County Planning Commission - 2001 Annual Report
The Albemarle County Planning Commission, at their meeting on June 4, 2002, unanimously approved its
2001 Annual Report. Attached please find a copy of this report.
If you should have any questions, please do not hesitate to contact me.
VVVC/jcf
ATTACHMENT
2001 ANNUAL REPORT
ALBEMARLE COUNTY PLANNING COMMISSION
I. INTRODUCTION
The Code of Virginia states that local Planning Commission shall make recommendations and an
annual report to the governing body concerning the operation of the Commission and the status of planning
within the jurisdiction. This report is a brief summary of what the Albemarle County Planning Commission
accomplished during 2001.
II. PERSONNEL
The Commission is composed of seven members, one member from each of the six magisterial
districts, and one member "at large". The Commission members during 2001 were:
Tracey C. Hopper Rivanna 01/01/00- 12/31/03
William W. Finley White Hall 01/01/00- 12/31/03
Dennis Rooker, Chairman Jack Jouett 01/07/98 - 12/31/01
William B. Craddock Scottsville 01/01/00- 12/31/03
William D. Rieley, Vice-Chairman Samuel Miller 01-07-98 - 12-31-01
Rodney S. Thomas Rio 08-19-98 - 12-31-01
Jared Loewenstein At-Large 01-01-00- 12-31-01
III. EXPENSES
The Commission does not have a separate budget. Expenses for commission members were a total
of $30,200.00, all of which was spent on commissioner salaries.
IV. REGULARITEMS
The Planning Commission held 39 regular meetings in 2001 primarily to review development
proposals. A total of 163 items were reviewed.
· Major zoning/special use permit reviews included:
ZMA-99-01'I Clover Lawn Village - Request to rezone 6.80 acres from R-1 Residential district
and HC Highway Commercial to PD-MC Planned Development Mixed Commercial. PLANNING
COMMISSION RECOMMENDED APPROVAL.
ZMA-2000-'I0 Avemore - Request to rezone 27~46 acres from R-10 Residential to R-15 to
allow mixed use of 406 dwelling units, retail uses, and offiCes. PLANNING COMMISSION
RECOMMENDED APPROVAL.
ZMA-2001-01 Redfields Phase 4 - Request to rezone 9.4 acres from Residential R-1 to
Planned Residential District (PRD) to allow for 14 additional homes. PLANNING
COMMISSION RECOMMENDED APPROVAL.
ZMA-2001-011 Pan tops Place - Request to amend proffers for the approved Pantops Place
PRD Planned Residential Development. PLANNING COMMISSION RECOMMENDED
APPROVAL.
SP-2000-54 Albemarle High School Cross Country - Request for special use permit to
allow a cross country track, including competitions with other teams, in accOrdance with
Section 10.2.2.4 of the Zoning Ordinance which allows for swim, golf, tennis or similar athletic
facilities. PLANNING COMMISSION RECOMMENDED APPROVAL.
SP-2000-73 Panorama Farms Bicycle Trails - Request for special use permit to allow a
commercial mountain bike trail, including competitions, in accordance with Section 10.2.2.4 of
the Zoning Ordinance which allows for swim, golf, tennis or similar athletic facilities.
PLANNING COMMISSION RECOMMENDED APPROVAL.
SP-2000-82 University of Virginia Real Estate Foundation (Sign #72, 73, 74) - Request for
special use permit to allow a fitness and wellness center in accordance with Section 27.2.2.15
of the Zoning Ordinance which allows for indoor athletic facilities. PLANNING COMMISSION
RECOMMENDED APPROVAL.
SP-2001-006 Clover Lawn Village (Preston Stallings) - Request for a special use permit to
allow residential uses in a PDMC zone. PLANNING COMMISSION RECOMMENDED
APPROVAL.
SP-2001-010 Afton Farm Market - Request for special use permit to allow on-farm sales in
accordance with Section 10.2.2.45 of the Zoning Ordinance which allows for farm sales.
PLANNING COMMISSION RECOMMENDED APPROVAL.
SP-01-13 Tanager Woods Special Use Permit - Request for special use permit to al ow a
Rural Preservation Development in accordance with Section 10.3.3.3 b and 10.5.2 of the
Zoning Ordinance which allow for a rural preservation development with more than 20
development lots. PLANNING COMMISSION RECOMMENDED APPROVAL
In addition to the above-noted items, the Planning Commission approved 22 special use
permits for cellular communication facilities/towers.
Zoning text amendments addressed the following issues:
ZTA-01-01 Sign - Sign Ordinance - Ordinance to amend Chapter 18, Zoning of The
Albemarle County Code, Section 4.15 Signs (by repealing existing Section 4.15 and adding a
new Section 4.15); Section 5.2.2 Home Occupation Signage; Section 21.7.1 Sign Setback;
Sections 30.6.2, 30.6.3.2 and 30.6.5 Sign Regulations in the Entrance Corridor Overlay.
PLANNING COMMISSION RECOMMENDED APPROVAL.
ZTA-01-05 Public Exempt Height Limitations - Amend Section 4.10.3.1 to allow
telecommunications facilities owned or operated in whole or in part by the County in a
residential district to have a height exceeding 100 feet; and to amend Section 30.6.8 to clarify
that th e Board of Supervisors may issue a certificate of appropriateness u pon a finding that a
public safety facility is a public necessity.
ZTA-200'I-007 Alleys and Shared Driveways -Amen d Sections 3.1, Definitions, 4.6.3, Lots,
yards adjacent to streets, and 4.11.2.1, Accessory structures, of Chapter 18, Zoning, of the
A]bemarle County Code, to define "alley," "driveway," "private road" and "shared driveway," to
require that the regulation pertaining to required lots and yards adjacent to streets also apply
to alleys, to clarify the location from where the yard shall be measured, and to clarify that the
setback for accessory structures applies not only from the property line, but also certain
travelways.
Subdivision Text Amendments addressed the following issues:
STA-2001-01 Alleys and shared driveways - Amend Sections 14-104, Definitions, 14-303,
Contents of final plat, 14-313, Instrument evidencing maintenance of certain improvements,
14-512, Standards for both public streets and private roads, and 14-514, Standards for private
roads only, and to add Section 14-24'1, Circumstances when shared driveways and alleys
may be authorized, of Chapter 14, Subdivision of Land, of the Albemarle County Code, to
define"drivewaY" and "shared .driveway,J' and 'to amend the definitions rof "al l'ey" and "private
road," to establish the conditions and procedures by which shared driveways and alleys may
be authorized, to require that final plats contain information pertaining to alleys and shared
driveways, to require that alleys be subject to an approved maintenance agreement, and to
allow alleys to be provided on the side of certain Iotsand to be subject to approval by the
county engineer. PLANNING COMMISSION RECOMMENDED APPROVAL.
An important procedural measure implemented in March, 1988 was the Consent Agenda. In 2001,
the Planning Commissions use of the Consent Agenda resulted in agenda timesavings of about 6 hours or
the equivalent of about three meetings.
The Commission also took action on other proposals outside of the development review area.
These included:
Agricultural/Forestal Districts:
Review:
Review of the Totier Creek Agricultural/Forestal District - Required 1 O-year review of the
Totier Creek Agricultural/Forestal District. The district corn prises a total of 6,834.665 acres.
PLANNING COMMISSION RECOMMENDED APPROVAL.
Review of the Hatton A~lriculturai/Forestal District - Required 10-year review of th e Hatton
Agricultural/Forestal District. The district comprises a totaJ of 641.417 acres. PLANNING
COMMISSION RECOMMENDED APPROVAL.
Review of the High Mowing Agricultural/Forestal District - Required 1 O-year review of the
High Mowing Agricultural/Forestal District. The district comprises a total of 622.44 acres.
PLANNING COMMISSION RECOMMENDED APPROVAL.
Additions:
Addition to Batesville A~lricultural/Forestal District - Proposal to add 40.12 acres to the
Batesville Agricultural/Forestal District. PLANNING COMMISSION RECOMMENDED
APPROVAL.
Addition to Blue Run Agricultural/Forestal District- Proposal to add 174.337 acres to the
Blue Run Agricultural/Forestal District. PLANNING COMMISSION RECOMMENDED
APPROVAL.
Comprehensive Plan Amendments:
CPA-98-03 Hollymead Town Center (Post Office Land Trust) - To amend the Hollymead
Community Profile Recommendations of the Land Use Plan. PLANNING COMMISSION
RECOMMENDED APPROVAL.
-- CPA 2001-001 Neighborhood Model - Public hearing to amend the Albemarle County
Comprehensive Plan to incorporate the Neighborhood Model, which will provide additional
guidance in the development of the County's designated Development Areas. PLANNING
COMMISSION RECOMMENDED APPROVAL.
CPA-01-06 Meadow Creek Parkway, Final Report - Proposal to amend the text of the
Albemarle County Comprehensive Plan, Land Use Plan, to incorporate the recommendations
of the Meadow Creek Parkway Final Report (May, 2001). PLANNING COMMISSION
RECOMMENDED APPROVAL.
V. ACTION SUMMARY
The number of actions considered by the Commission during 2001 and in each of the previous
four years is shown by category in the following table. Consent agenda items are
listed separately.
Comprehensive Plan Amendments/5 Year Review 3 6 10 2 1
(includes worksessions)
Zoning Text Amendments 11 10 6 8 2
Subdivision Ordinance Amendments 1 1 1 2 0
Comprehensive Plan Compliance Reviews 1 1 1 3 2
Zoning Map Amendments 16 17 12 26 15
Special Use Permits 63 68 66 74 57
Preliminary Site Plans 4 12 5 9 8
Final Site Plans 5 3 1 1 5
Preliminary Plats 3 4 5 12 5
Final Plats 2 2 1 3 3
Site Plan Waivers 4 6 0 0 0
Site Plan Amendments 0 0 1 6 3
Final Plat Extensions 1 0 0 0 0
Subdivision Waiver 2 0 1 2 2
A(. ricultural/Forestal Districts 5 7 13 8 4
Preliminary Site Plans 6 0 6 0 2
Final Site Plans 3 2 1 0 8
Site Plan Waivers 22 23 20 23 8
Preliminary Plats 3 ' 1 4 3 4
Final Plats 15 2 1 0 0
Agricultural/Forestal Districts 5 7 13 5 3
(Referral of application)
Planning Commission Annual Report 111111 111
VI. OTHER PLANNING ACTIVITIES
The Commission discussed a number of immediate and long-range planning ~ssues in 2001.
Twenty-seven work sessions, typically of 1.5 - 2 hours' duration, were held in addition to regular items to
address the following:
· Development Area initiatives
· Neighborhood Model Implementation
· Meadow Creek Parkway
· Fiscal Impact Analysis
· Perennial Streams
· Six Year Secondary Road Plans
· Joint Planning Commission and School Board
· Rural Area Reviews
· Joint City/County Planning Commission
· CPA-01-04 Albemarle Place
· CPA-01-03 Rivanna Village at Glenmore
· ZTA-01-08 PUD Regulations
· ZTA-01-07 & STA-01-01 Alleys & Shared Driveways
Planning Commission members also served on the following committees:
,Bypass Design Committee- Will Rieley and Pete Anderson
· CIP Technical Committee - Pete Craddock
· Charlottesville Albemarle Regional Transportation Advisory Committee (CHART) -
Jared Loewenstein
,City/County/University Planning & Coordination Council (PACC Tech) - Rodney Thomas and
Pete Anderson
· Court Facilities Study Committee - Jared Loewenstein and Dennis Rooker (alternate)
,Development Area Initiatives Steering II Committee -Tracey Hopper
· Eastern Planning Initiative Advisory Committee - Rodney Thomas
· Fiscal Impact Committee - Dennis Rooker
· Historic Preservation Committee - Jared Loewenstein
· Meadow Creek Parkway Design Committee - Dennis Rooker
· Metropolitan Planning Organization (MPO)Tech Committee - Dennis Rooker
· Rural Area Transportation Study (RATS)- Rodney Thomas
· Design Standards Handbook Committee - Wil Rieley
VII.
PLANNING ACTIVITIES FOR 2002:
These activities are over and above the normal case workload and annual projects:
,, Neighborhood Model Implementation - Consideration of measures to implement the
Neighborhood Model, including zoning text amendments to the Crozet master Plan and an
update of the Community Facilities Plan.
· Rural Area Review - Consideration of amendments to the Comprehensive Plan to incorporate
new principles for the Rural Area, update use allowances in the rural area and update the
desired rural development pattern.
W. Tayloe Murphy, Jr.
Secretary of Natural Resources
COMMONWEALTH o[ VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Valley Regional Office
Street address: 4411 Early Road. Harfisonburg, Virginia 22801
Ma#ingaddress: P.O. Box 3000, Harrisonburg, Virginia 22801-9519
Telephone (540):574-7800 Fax (540)574-7878
www.deq.state.va, us
Robert O. Bumley
Director
R. Bradley Chewning, P.E.
Valley Regional Director
May 31, 2002
Ms. Sally Thomas, Chairman
Albemarle Co. Board of Sup.
County Office Building
401 Mclntire Road
Charlottesville, VA 22901
Re: Reissuance of VPDES Permit No. VA0027065, Cooper Industries WWTP
Dear Ms. Thomas:
In accordance with the Code of Virginia, Section 62.1-44.15:01, this is to provide you
with a copy of a revised public notice regarding the referenced proposed permit action. Public
notice of this proposed permit action is also being published in a local newspaper, which will
establish a 30-day public comment period for this proposed action. If you wish to comment or if
you have any questions regarding this proposed permit, please contact me at the above address or
phone nmber within the next 30 days.
Sincerely,
Norma C. Job
Regional VWP Engineer
/oc
Enclosure
cc: Permit Processing File
06-04-02Fi2:00 RCVD
PUBLIC NOTICE
REISSUANCE OF A VPDES PERMIT TO DISCHARGE TO STATE WATERS
AND STATE CERTIFICATION UNDER THE STATE WATER CONTROL LAW
First Public Notice Issue Date: (to be supplied by newspaper)
The State Water Control Board has under consideration the reissuance of the following Permit and
State Certificate:
Permit No.: VA0027065
Permittee Name and Address: Cooper Industries, Inc. 600 Travis Avenue, Suite 5800 Houston, TX
77002
Facility Name and Location: Cooper Industries WWTP, 395 Reas Ford Road, Earlysville, VA
Discharge Description: Existing Industrial discharge resulting from the operation of 6 groundwater
recovery wells; Discharge Flow: 0.04 MGD; 10utfall.
Receiving Stream: South Fork Rivanna River, UT; Stream Mile: 1.25; Basin: James(Mi.'ddle);
Subbasin: N/A; Section: 10j; Class: III; Special Standards: PWS, NEW-3.
. On the basis of preliminary review and application of lawful standards and regulations, the State
Water Control Board proposes to reissue the pei'rnit subject to certain conditions. This proposed
permit action is tentative and consists of limiting the following parameteis: pH 6.0 SU min, 9.0 SU
max.
This permit will maintain the Water Quality Standards adopted by the Board.
All pertinent information is on file and may be inspected or copied by contacting Norma C. Job at
the Department of Environmental Quality (DEQ), Valley Regional Office, 4411 Early Road, P.O.
B6x 300-0; Itarrisonburg, Virginia 22801; Telephone No. (540) 574-7802; e-mail - ~
ncjob~deq.state.va.us. Persons may comment in writing or by e-mail to DEQ on the proposed
permit action and may request a public hearing within 30 days from the date of the first notice. Only
those comments received within this period will be considered. Address comments to the contact
person listed above. Comments shall include the name, address, and telephone number of the writer,
the facility name and VPDES permit number, and a complete, concise statement of the factual basis
for the comments. Requests for a public hearing shall state the reason why a hearing is requested,
the nature of the issues proposed to be raised in the public hearing, and a brief explanation of how
the requester's interests would be directly and adversely affected by the proposed permit action.
DEQ may decide to hold a public hearing if public response is significant.
Following the comment period, the Board will make a determination regarding the proposed permit
action. This determination will become effective unless DEQ grants a public hearing. Due notice of
any public hearing will be given.
W. Tayloe Murphy, Jr.
Secretary of Natural Resources
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Valley Regional Office
Street address: 4411 Early Road, Harr]sonburg, Virginia 22801
Mailing address: P.O. Box 3000, Harrisonburg, Virginia 22801-9519
Telephone (540)574-7800 Fax (540)574-787g
www. deq.state.va, us
May 31, 2002
Robert G. Bumley
Director
R. Bradley Chewning, P.E.
Valley Regional Director
Ms. Sally Thomas, Chairman
Albemarle Co. Board of Sup.
County Office Building
401 Mclntire Road
Charlottesville, VA 22901
Joint Permit Application (JPA) Number 02-0252
Albemarle Place Town Center Development, Albemarle County, Virginia
L6caiity Notification of Public Notice
Dear Ms. Thomas:
The Department of Environmental Quality (DEQ) has received an application for a Virginia
Water Protection (VWP) individual permit for the above-referenced project. Enclosed is a copy of the
Public Notice for the proposed permit action for your review pursuant to Section 62.1-44.15:01 of the
Code of Virginia. Notice of the proposed action was published in the Daily Progress on May 25,
2002. This publication establishes a 30-calendar day public commenrperiod for this proposal. If you
wish to comment on this proposed action, please respond to DEQ at the above address.
If no response is received within the 30-day public comment period, DEQ will assume that you
have no objections to the proposed action. If you have any questions, please contact me at 540-574-
7802 or ncjob@deq.state.va, us.
Sincerely,
Regional VWP Engineer
Enclosure: . Public Notice
cc: VWP permit 'file '
06-04-02P~2:00 RCVD
PUBLIC NOTICE
ISSUANCE OF A VIRGINIA WATER PROTECTION INDIVIDUAL PERMIT AND STATE
CERTIFICATION UNDER THE STATE WATER CONTROL LAW
The State Water Control Board (board) has the following Virginia Water Protection (VWP) individual
permit under consideration for issuance:
VWP Individual Permit Number:
Name of Permittee:
Permittee Address:
Project Location:
02-0252
Albeville Station JV, LLC
c/o Landonomics Group, Suite 209, 2215 York Road, Oakbrook, Illinois
60523, Attn: Ronald B. Fen'in
l_~cated on the west side of Route 29 and the north side of Hydraulic Road in
Albemarle County, Virginia. Site is just outside the Charlottesville city
limits.
Waterbody:
Basin:
Subbasin:
Section:
Class:
Special Standards:
Unnamed tributaries of Meadow Creek
James River
Middle James River
10
III
NEW-3
Description of VWP individual permit activities: The permittee proposes that 64.7 acres of property are to
be developed for residential, commercial, and retail purposes. Proposed activities will fill approximately
0. i acre ofpalustrine emergent wetlands and. 0.08 acre of palustrine forested wetlands. 3,275 linear feet of
stream channel shall be piped from the site. Permanent palustrine emergent wetlands, palustrine forested
wetlands and stream impacts will be compensated by a monetary contribution to the Virginia Wetland
Restoration Trust Fund. Impacts will be compensated at a replacement to loss ratio of I: 1 for permanent
emergent wetland impacts (0.1 acre created), 3,275 linear feet x 60 feet of riparian buffer zone (4.5 acres
created), and at a 2:1 ratio for permanent forested wetland impacts (0.16 acre created).
On the basis :of staff review and application of lawful standards and regulations, the board tentatively
proposes to issue the VWP individual permit subject to certain conditions. Persons may comment in
writing to the Department of Environmental Quality (DEQ) on this proposed Virginia Water Protection
(VWP) indi~:idualpermit w/thin 30 calendar days from the date of the notice. Address comments to the
contact person listed below. Comments shall include the name, address, and telephone number of the
writer and shall contain a complete, concise statement of the factual basis for the comments. Only those
comments received within this period will be considered. The Director of the DEQ may decide to hold a
public hearing if public response is significant. Requests for public hearings shall state the reason why a
heating is requested, the nature of the issues proposed to be raised in the public heating, and a brief
explanation of how the requester's interests would be directly and adversely affected by the proposed
permit action.
All pertinent information is on file and may be inspected by contacting Norma C. Job at: DEQ, VWP
Permit Program, PO Box 3000, Harrisonburg, VA 22801; (540) 574-7802; or by e-mail at
ncj ob~deq.state.va.us.
Following the comment period, the board will inake a determination regarding the proposed permit. This
determination will become effective, unless the Director grants a public heating. Due notice of any public
heating will be given.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Profit Road Through Truck Restriction
SU BJ ECT/PROPOSAL/REQU EST:
Public hearing on restricting through trucks on Profit Road
STAFF CONTACT(S):
Messrs. ,Tucker, Foley,Cilimberg ,Benish ,Wade
AGENDA DATE:
June 19, 2002
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION: X
ACTION: IN FORMATION:
ATTACHMENTS:____ Yes/,~, ~
/
BACKGROUND:
At. their May 1, 2002 meeting, the Board of Supervisors decided to hold a public hearing on restricting through
trucks on Proffit Road between Rt. 29 and Rt. 20 (Attachment I). The request for the through truck restriction came
from the residents of Jefferson Village Homeowners Association, Landlord Hills Homeowners Association,
Meadowfields Homeowners Association, Pritchett Lane Homeowners Associations, and residents of Chesterfield,
Forest Ridge, and Terrybrook subdivision. The residents have requested the restriction because they believe the
road was not designed to handle the current traffic and is very unsafe. The residents stated in their submission
information that Proffit Road has blind curves, poor banking, narrow traffic lanes, and shallow building setbacks. In
setting the public hearing, the Board of Supervisors also requested staff to offer a northern alternate route to Profit
Road.
DISCUSSION:
Staff had previously proposed a southern alternate route of Route 20 to Route 250 to Route 29. Staff proposes
Route 20 to Route 33 to Route 29 as a northern alternate route to Proffit Road. (Attachment II). Staff has
contacted the Planning Departments of Greene and Orange Counties to inform them of these alternatives and
received feedback. Greene County is aware of additional traffic on Rt. 33 due to the Wal-Mart distribution center in
Zion Crossroad area. The Planning Director did not think the minor number of additional trucks would present a
problem: He stated that he would prepare a memo to the Greene County Board of Supervisors informing them of
the County's intentions. Staff has not received comments from Orange County at this time. Orange County held a
public meeting on June 11, 2002 to restrict through trucks on a segment of Route 231 in Orange County. Major
trucking companies were notified of this public hearing.
One possible impact of this restriction is to send some through trucks currently using Proffit Road further north on
Route 20 to Watts Passage (Rt. 600), which intersects Rt. 29 at Burnley Station Road (Rt. 641 ) just south of the
County line. Watts Passage is a narrow road with a one-way railroad underpass. It is likely only trucks coming
from or going to 'points north of the County might use this route.
VDOT estimates 63 trucks use Profit Road per day. It is unknown at this time how many of these trucks would be
impacted by the proposed restriction. It is likely that many of these trucks would originate or be destined for Better
Living Components on Profit Road and would not be restricted.
Next Steps:
· Board of Supervisors should decide to support or deny the request to restrict through trucks.
AGENDA TITLE:
Proffit Road Through Truck Restriction
Page 2
June 19,2002
If the request is supported, it will be forwarded to the Resident Engineer, then to the State Engineer for action.
If the Board decides not to support the request, staff will work with the residents and VDOT to otherwise
minimize the impact of truck traffic. A step staff could take includes mailing letters to major trucking companies
requesting them to limit use of Proffit Road.
RECOMMENDATIONS:
Conduct public, hearing and determine whether or not to support through truck restriction.
Staff opinion is that there are viable alternative routes to serve through truck traffic and the current alignment and
condition of Proffit Road is not conducive to such traffic. Based on these facts, staff recommends the Board of
Supervisors support the request to restrict through trucks on Proffit Road between Rt. 20 and Rt. 29.
02.087
COUNTY OF ALBEMARLE
ATTACHIMENT I
EXECUTIVE SUMMARY
AGENDA TITLE:
Truck Restriction on Profit Road
SU BJ ECT/PROPOSAL/REQUEST:
I~eq uest to restrict trucks on Profit Road between Rt. 20
and Rt. 29
STAFF CONTACT(S):
Messrs. Tucker, Fole¥,Cilimberg, Benish, Wade
AGENDA DATE:
May1,2002
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
The residents of Jefferson Village Homeowners Association, Landlord Hills Homeowners Association, Meadowfields
Homeowners Association, Pritchett Lane Homeowners Association, Profit Community Association, and residents of
Chesterfield, Forest Ridge, and Terrybrook subdivisions have requested that the Board of Supervisors restrict through
trucks on Profit Road between Route 20 and Route 29. (Attachment I)
Staff presented the request and petition to the Board of Supervisors at their March 6, 2002 meeting (Attachment II). The
Board of Supervisors directed staff to conduct the analysis required by VDOT to determine preliminary eligibly fo~ the
restriction.
DISCUSSION:
Staff has conducted an initial review of VDOT's g. uidelines for considering requests for restricting through trucks on
secondary roads. This analysis can be found in Attachment Ill. Based on staff's review, the request meets 3 out of 5
VDOT's criteria and staff recommends that the Board of Supervisors hold a public hearing.
Next Steps:
· Board of Supervisors holds public hearing to take comments. Major trucking companies will be notified.
· The Board of Supervisors will decide to support or deny the request for a through truck restriction.
· If request is supported, it will be forwarded to VDOT State Engineer for action. If the Board de~ides not to support the
request, staff will work with residents and VDOT to minimize the impact of truck traffic.
RECOMMENDATION:
Staff recommends the Board of Supervisors hold a public hearing on restricting through trucks on Proffit Road between Rt.
29 and Rt. 20.
02.058
PROFFIT RD PROPOSED THROUGH
TRUCK ALTERNATE ROUTE MAP
X ~ Requested Through Truck Restricted Area
~ Proposed Alternate Route
Primary Road~ (~ Interstate Highway
Secondary Roads ~
=~ ~ · Incorporated Town or US Highway
City Boundary Q~ VA Pr~'nary Highway
inch = 4400 feet ~ VA Secondat3t Highway
/]! t
ATTACHMENT I
/
/
/
649[,
EXECUTIVE SUMMARY
704:11
AGENDA TITLE:
Proffit Road Through Truck Restriction between Rt. 20 and
Rt. 29
SUBJECT/PROPOSAL/REqUEST:
Request the Board of Supervisors determine if staff should
e~valuate the request to restrict through trucks
o
STAFF CONTACT{S):
Messrs. Tucker,Foley,Cilimberg,Benish,Wade
BACKGROUND;
AGENDA DATE:
March 6, 2002
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
'INFORMATION:
INFORMATION:
Yes
The Jefferson Village Homeowners Association, Landford Hills Homeowners Association, Meadowfields Homeowners
Association, Pritchett Lane Homeowners Association, Profit Community AsSociation, and residents of Chesterfield, Forest
Ridge, and Terrybrook subdivisions have requested that the Board of Supervisors restrict through trucks on Profit Road
between Route 20 and Route 29
(see Attachment A).
DISCUSSION:
The Board Of Supervisors endorsed proceeding with an internal through truck restriction process in 2001 (Attachments B &
C). This request meets the criteria set forth in the process.
Based on the County's internal review process, area residents are requested to provide the follOwing information:
A. A petition(s), which has been signed by a majority of those persons currently residing along the proposed route,
requesting through truck restriction.
B. Identify the reason the restriction is being [equested (speed, noise, volume, accident data, etc.).
C. Identify the terminus points of proposed restricted area.
The residents have submitted a petition (Attachment D) in support of a through' truck restriction. Tl~e petition has 348
signatures..This represents a majority Of the persons currently residing along the proposed route.
The residents have requested the restriction because they believe the road was not designed to handle the current traffic and
is very unsafe. The residents stated, in their submission information that Profit Road has blind curves, poor banking, narrow
traffic lanes, and shallow building setbacks.
The residents propose Route 649 between Rt. 20 to Rt. 29 as terminus points.
If directed by the Board, staff will conduct an analysis of VDOT's criteria, the results of which will be presented at a future
Board of Supervisors meeting. The Board Can determine if a public hearing should be held at this time.
RECOMMENDATION:
Staff recommends the Board of Supervisors direct staff to conduct the VDOT required analysis of this through truck restriction
request.
Attachments:
A. Area residents request letter
B. County letter'outlining internal review process
C. Flow chad of internal review process
D. Petition
02.027
ATTACHMENT A
December 2001
Dear Members of the Board of Supervisors
of Albemarle County:
We wish to request the banning of through trucks having more than two axles on Proffit
Road between Route 29 North and Route 20 North (Stony Point Road), for the following
reasons:
1).
Safety of our residents, commuters, all who will use the County's new Baker-
Butler Elementary SchOol on ?roffit Road It is difficult and dangerous now to
get in and out of the streets and driveways along Proffit Road. With the new
school and continued growth in the Route 29 area (UVA's North Fork Research
Park, NGIC, Hollymead Town Center, etc.), it will not get any better. Proffit
Road has evolved and developed fi.om the old Buck Mountain Road and horse
wagon track that served the Proffit railroad depot after the Civil War. Proffit
Road predates VDO'F, zoning regulations, and modem engineering and design
standards. Spot improvements can nip and tuck at some problems and we support
reasonable and community-friendly improvements. Blind curves, poor banking,
narrow traffic lanes, and shallow building setbacks will remain a part of Proffit
Road. The mixture of truck and school bus traffic is not desirable under normal
circumstances, but even less so under these. Removing the larger trucks from this
traffic mix before the new school opens is the most reasonable and easiest spot
improvement that can be made for the safety of all concerned.
2).
Environmental impacts. Ldrge diesel trucks are not held to the same noise and
exhaust emissions standards as personal vehicles. Our area is with one exception a
residential area, with some agricultural uses as well.
3).
The vast majority of the trucks which wouM be covered by this ban are already
illegally crossing the Proffit Road railroad bridge with its !4-ton weight limit.
The weight limit has not, is not, and will not be enforced because of difficulties
with enforcement in this situation. The ban on through trucks having more than
two axles will make possible simpler enforcement of reasonable limits, unlike the
present unenforceable ones. In effect, we would be banning what is already
banned.
4).
Prob. ably most important of all, assuring that m the future we are not subjected to
unreasonable truck traffic, ~wl that our neighborhoods and communities will
remain viable and desirable places to live. We mentioned 'earlier the history of
~the development of Proffit Road. We realize Proffit Road'g importance as a part
of the transportation infrastructure of our area. We do not seek a return to the
Board of Supervisors
Albemarle County
December 2001
page 2
'good old days' but we are unequivocally opposed to the further development of
Proffit Road beyond its present functional classification. We oppose through
trucks, multi-laning, commercial developments, and other developments
inappropriate and unfriendly to our community. We support pedestrian and
bicycle enhancements, better planning, and other alternatives. The solution to our
traffic problems does not lie in the degradation of our community and ihe safety of
our 'Main Street' but in better planning and fresh ideas.
We consider this to be a reasonable and practical request. It does not represent a radical
change from the present situation. The only logical reason for denying our request is because of
an intent to open Proffit Road and our neighborhoods to heavy truck traffic in the future, to
which we are vehemently opposed.
Thank you for your careful consideration of our petition.
The Coalition for a Safe Prottit Road sponsored by
Jefferson ~,?llage Homeowners Association
Latford Hills Homeowners Association
Meadowfields Homeowners Association
Pritchett Lane Homeowners Association
Proffit Commt##ty Association
crud the Residents of Chesterfield, Forest Ridge. attd Terrybrook Subdivisions.
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296- 5823
Fax (434) 972 - 4012
ATTACHMENT B
Dear County Resident:
You have inquired about having track traffic restricted in your neighborhood. Under current State guidelines,
the County can only restrict "through traffic". If a track has a legitimate destination within thc proposed
restricted areas, the-restriction would not apply. In order for this request to be placed on thc Board of
Supervisors agenda for discussion, you will need to furnish the following information:
,1. A petition(s), which has been signed by a majority of those persons currently residing along the
proposed route, requesting through truck restriction.
2. Identify the reason the restriction is being requested (speed, noise, volume, accident data, etc.).
3. Identify the terminus points of proposed restricted area.
This information should be forwarded to the-Clerk of the Board of Supervisors, Albemarle County, 401
McIntire Road, Charlottesville :VA 22902-4596.
When all of this information has been obtained, the request'will then be placed on the next available agenda
of the Board for discussion. If the Board supports the request, they. will request staff from the Department of
Planning and Community Development to further analyze the request against VDOT guidelines. Staff will
prepare a staff report with a recommendation to the Board of Supervisors. At that time, the Board of
Supervisors may schedule a public hearing to take comments from anyone wishing to speak, either in favor of
or in opposition to your request. It is customary for the County to contact the major tracking companies in
the county for all through track restriction requests.
Following the public hearing, or at a future meeting, the Board will decide to support or deny the request for
through track restriction. If the request is supported, it will be forwarded to the VDOT- State Engineer for
action. If the Board does not support the request, they will direct staff to work with you and trucking
companies in the area to minimize the impact of truck traffic.
You may also wish to inform your representative on the Board' of Supervisors that you are contemplating this
action.
00.247A
ALBEMARLE COUNTY THROUGH TRUCK RESTRICTION pROCESS
1. Request to County to Restrict Through Truck From a Resident(s) Or Neighborhood Association
2. County Planning Department mails letter that outlines pro_cess
3. Resident(s) or Neighborhood Assoc. submit petition with reason(s) for restriction request
(speed, noise, volume, etc.) and terminus points of proposed restricted area to ~3ounty.
4. County staff reviews submitted information and places on next available agenda of the
BOS for discussion.
5. If the Board supports request, they will request staff to further analyze the request against
VDOT guidelines.
6. Staff will prepare a report with a recommendation to the Board of Supervisors.
?. The Board of Supervisors may schedule a public hearing to take comments from the public
either in favor of or in opposition to request. Major trucking companies will be notified.
8. Following the public hearing, or at a future meeting, the Board of Supervisors will decide to
support or deny the request for through restriction.
9. If the£equest is supported, it will be forwarded to the VDOT State Engineer for action. If
the Board of Supervisors does not support the request, they will direct staff to work with the
neighborhood and trucking companies in the are to minimize the impact of truck traffic.
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North)and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME
ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on through trucks ha.ving more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying 'letter.
NAME
ADDRESS
.... :, ~e... ix:it cv eat e_
· : f,F:.
[, /
1
NAME
ADDRESS
",t/
~/.~, .,', -'r.',. ,. 1.? ; ;.-~ ;, .: -, .
CT,
We, the undersigned residents of Proffit Road and adjoining
streets-and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using' Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
ADDRESS
,')
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT impose a
ban on through trucks having more than two axles from using Proffit
Road between Stony Point Road (Route 20 North) and Seminole Trail-
(Route 29 North). Our reasons are contained in an accompanying letter.
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads,~ request that Albemarle County and VDOT impose a
ban on through true:ks ~having more than two axles from using Proffit
ROad between Stony Point Road (Rou. te 20 North) and Seminole Trail
(Route 29 Nort. h). Our'reasons are contained in an accompanying letter.
ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT ~.~
impose'a ban On through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contaiaed in an
accompanying letter.
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle. County and VDOT
impose a ban on through trucks having more than two axles from-
using Proffit Road between Stony Point Road (Route'20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME ADDR FSS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a'ban on through ~trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
'NAME
ADDRESS
NAME ADDRESS
G /.,,t ,,_L_, pt-E-5 z,';.
We, the undersigned residents of PrOffit Road and adjo?ilng
streets 'and roads, request' that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit~ Road between Stony POint Road (ROute 20 North) and
Seminole Trail (Route 29 North). *OUr reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME
A BREss '
We, the undersigned residents of Proffit Road and.adjOining
streets and.roads, request, that Albemarle County and VDOT~-
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route~20 NOrth)and
Seminole Trail (Route 2g North).. Ourreasons are contained in an'
accompanying letter.
!0.
We, the undersigned residents of Proffit Road and adjoining ·
streets and roads, request that Albemarle County and VDOT
impose a ban on through.trucks having more than two axles from
using. Proffit Road between Stony Point Road (Route 20 North) and.
Seminole Trail. (Route 29 North). OUr reasons are contained in an
accompanying letter.
NAME. ADDRESS
NAME ADDRESS
We, the Undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on· through trucks having more than two axles from
using Proffit Road between StOny Point Road (Route 20 North) and
Seminole Trail (Route 29 North).' Our reasons are contained in an
accompanying letter.
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and.roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit Road between StOny Point Road (Route 20 NOrth) and:
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME ADDRESS
We, the Undersigned residents of Proffit Road and adjoining
streets and roadS, ~request that Albemarle County and VDOT
impose a ban on through trucks' having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME ADDP~.~S
,/' ,.2., ? 7z..j. /~F?IT, ]~ ~.)
We, the undersigned residents of Proffit Road and adjoining
streets'and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, .reqUest that Albemarle County. and VDOT
impo,se a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME
ADDRESS
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than tWo axles from
using Proffit ROad between Stony Point Road (Rout~~ 20 North)and'~
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS t
,,,. ~ c.',' ,~,) ~l ~o
?'..~'~- ,.., .. ~,'. /.-- .-. / ~'\
:"--!~:~~/~ ,~.~-~2:': ~.t//~, ,.., ,. -
/ - ~ 1~' ~')~ .
NAME ADDRESS
4
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VD. OT
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
- streets 'and roads, request that Albemarle County and VDOT
impose a'ban on through trucks having'more than two axles from
'using Profflt Road between Stony Point Road (Route 20 NOrth) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME .ADDRESS
NAME ADDRESS
We, the undersigned residents of Proffit Road and adjoining
streets and roads, request that Albemarle County and VDOT
impose a ban on through trucks having more than two axles from
using Proffit Road between Stony Point Road (Route 20 North) and
Seminole Trail (Route 29 North). Our reasons are contained in an
accompanying letter.
NAME ADDRESS
%g.q Il
,NAM£
ADD/~FS'$
ATTACHMENT HI
Albemarle County Staff review of VDOT's Guidelines for Considering
Requests for Restricting Through TrUck on Secondary Highways
(VDOT guidelines in italic, staff response below, staff determination in bold)
1) Reasonable alternate routing is provided, To be considered "reasonable", the
alternate route(s) must be engineered to a standard sufficient for truck travel The
effect on the alternate routing will be evaluated for traffic and safety related
impacts, if an alternate contains a Secondary route that must be upgraded, funds
must be provided from the county secondary construction funds. The termini of
the proposed restriction must be identical to the altemate routing and effectively
equivalent to allow a time and distance comparison to be conducted between the
two routings. Also, the alternate routing must not create an undue hardship for
trucks in reaching .their destination.
The request for the through truck restriction came from the Jefferson Village
Homeowners Association, Landford Hills Homeowners Association,
Meadowfields Homeowners Association, Pritchett Lane Homeowners
Association, Proffit Community Association, and residents of Chesterfield, Forest
Ridge, and Terrybrook subdivisions have requested that the Board of
Supervisors restrict through trucks on Proffit Road between Route 20 and Route
29.
The proposed restriction area is approximately 5.4 miles miles.
The proposed alternate route would travel Route 20 to Route 250, Route 250 to
Route 29, Route 29 to Route 649-Proffit Road. This is a distance of
approximately 14.4 miles. This route is engineered to a standard sufficient for
truck traffic.
Staff considers the alternate route a reasonable route for through trucks
therefore, meets this criterion.
2) The road requested for restriction is functionally classified as local or collector.
Route 649 is classified as a rural collector between Route 29 and Route 20
and, therefore, meets this criterion.
3) The character and/or frequency of the truck traffic on the route proposed for
restriction is not compatible with the affected area.
According to VDOT's guidelines, a road must have a certain amount of truck
traffic to meet this criterion. Staff has included below the total traffic volume
ranges and the corresponding truck traffic. VDOT. considers this truck volume the
"total" t~ck volume and not the "through" truck volume.
Total Traffic volume Ranges
Total Truck Volume Ranges
4000+ 200
2000-4000 100-200
1000-2000 50-100
400-1000 20-50
250-400 13-20
50-250 3-13
The most current annual average daily (ADT) traffic volume for the proposed
restricted area was conducted in 2000. According to VDOT's counts the total
truck traffic is 1% of the total ADT.
From Route 20 to Route 643-(Polo Grounds Rd - ADT=3500, Truck ADT=35
From Route 643 to Route 785 (Prichett Lane) -ADT=2900, Truck ADT= 29
From Route 785 to Route 1509 (Springfield Road) -ADT=5200, Truck ADT= 52
From Route 1509 to Route 29 -ADT=6300, Truck ADT=63
The proposed restricted request area does not meet this criterion for
through truck traffic.
4) The engineering of the roadway and/or the accident history of the route
proposed for restriction indicate that it is not suitable for truck traffic.
Measurements of the roadway surface were taken between the following
locations:
From Route 20 to Route 643 (Polb Grounds Rd) - 21'
From Route 643 to Route 785 (Prichett Lane) - 20'
From Route 785 to Route 1509 (Springfield Road) - 22.6'
From Route 1509 Route 29 - 50'
There is a one-lane 14-ton bridge in Proffit. This restriction should keep trucks
from using the Proffit Road bridge, but it does not serve as an effective deterrent
alone. Illegal trucks°still use the bridge on a daily basis.
There were 90 crashes reported along the proposed restricted area between
1997 and2001. There were 131 vehicles involved in these crashes, four of these
involving trucks (not counting pick-up trucks).
Due to the total number of crashes, the width of road, and the one lane bridge,
staff believes the engineering of the roadway and/or the accident history of the
route p?posed for restriction indicate that it is not suitable for truck traffic.
This restriction request does meet this criterion.
5) Within 150' of the existing or proposed roadway centerline, there must be at
/east 12 dwellings per 1000 feet of roadway.
This criterion is rarely met outside urban or suburban settings.
This restriction request does not meet this criterion.
Summary:
Failure to satisfy at least three of the five criteria will normally result in the
rejection of the requested restriction. According to staff review, the through
truck restriction on Route 649 meets three of VDOT's five criteria.
3
ATTACHMENT H
3FFIT
f
POINT
CITY
PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON
a resolution requesting the CTB to prohibit or restrict the use of a portion of
Profit Road by through truck traffic.
NAME (Please print clearly)
2
6
11
12 ....
13
14
15
16
17
18
19
20
PHONE NUMBER/ADDRESS, (Optional)
Laurie Bentley
To: Marsha Davis
Subject: FW: Proff'ff Road Resolution
Marsha, can you please send me a dean copy of the resolution after Larry looks at it? (Juan already sent it electronically to
Larry.) Thanks.
---Original Message---
From: Laurie Bentley
Sent: Monday, 3une 24, 2002 10:]8 AM
To'. :)uandiego Wade
Subject: RE: Profit Road Resolution
,Juan, FYi...let me know when Larry finalizes the resolution and I'll get Ella to sign it. i've put copies of both ads in the pony
to you. FYI, it'll be a few weeks before the minutes are transcribed...
..... Ori~nal Message----
From:. ]uar~ego Wade
Sent: Sunday, 3une 23, 2002 12:35 PM
To=. Laurie Bentley
CO Larry Davis; Wayne Olimberg
Subject: PrOfit Road Resolution
Hello Laurie:
Please find attached a draft resolution concerning the BO5 ~Tune 19 public hearing on Proffit
Road. ]~ will need the newspaper notice verification and the transcript to forward to VDOT.
Larry please reveiw the resolution. Thank you for your assistance. ~Tuan Wade
<~ Fit~¥ Proffitt Road resolution.doc
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mclntire Road. Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
May 7, 2002
Pastor Wendell Lamb
P O Box 93
Stanardsville, VA 22973
RE: SP-2001-033 Bethel Baptist; Tax Map 21, Parcel 25 ·
Dear Pastor Lamb:
The Albemarle County Planning Commission, at its meeting on April 30, 2002, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following conditions:
1. The church's ~mprovements and the scale and location of the improvements shall be developed in
general accord with the site plan entitled "Addition To Bethel Baptist Church", prepared by Scott A.
Smith, and dated Apdl 2, 2002.
2. The area of assembly shall be limited to a maximum 216-seat sanctuary.
3. L--I. ealth Department approval of existing well and septic systems as well as any improvements to the
existing systems.
4. Commercial setback standards for side and rear setbacks, as set forth in Section 21.7.2 of the
Albemarle County Zoning Ordinance, shall be maintained adjacent to residential uses or residentially
zoned properties (including RA zoned property). The front setback shall conform to the Rural Areas
standard as set forth in Section 10.4 of the Albemarle County Zoning Ordinance.
5. There shall be no daycare center or private school on site without approval of a separate special use
permit.
6. VDOT approval of entrances and closures including providing entrance radii and profile on the site
plan, closUre of the entrance to Burnley Station Road (Route 641), the existing entrance
(approximately 15' wide) to Watts Passage (Route 600) being closed and relocated approximately 90'
to the south. The proposed new entrance shall meet commercial standards.
7. A site plan shall be reviewed and approved by the Planning Commission before the two (2) storage
buildings (designated storage building #1 and storage building #2 on the site plan dated March 10,
2002) are used as temporary classrooms. A certificate of occupancy shall be required prior to their
use as temporary classrooms.
8. Within thirty (30) days upon issuance of a certificate of occupancy for the proposed church addition,
the storage buildings shall no longer be permitted to be used as temporary classrooms.
9. The residential dwelling on the property shall be used only as a parsonage residence.
10. Prior to final site plan approval, off-site topography shall be shown on the site plan for review and
approval by the Engineering Department.
05-10-02A08:45 RCVD
Page 2
May 7, 2002
11. All existing gravel areas not included in the existing and proposed parking areas and travelways shall
be replaced with vegetative cover:
12. Alt parking areas shall drain to the proposed BMP/stormwater basin.
13. The final site plan shall be reviewed and approved by the Planning Commission.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 19, 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,
Cc~
Ella Carey
Amelia McCulleY
Jack Kelsey
Steve AIIshouse
Matt Grimes, VDOT
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
April 30, 2002
June 19, 2002
SP 2001-033 Bethel Baptist Church Addition
Applicant's Proposal: The applicant is requesting approval of a special use permit
to allbw for the construction of an additional building containing a Sanctuary, classrooms,
and basement (Attachment A). The proposed addition would contain 7,480 sq. ft., for a
total of 10, 720 sq. ft., including the existing building. There would be an additional 26
parking spaces provided, for a total of 54 parking spaces. The proposed building would
be connected to the existing church by an enclosed breezeway.
The applicant is also requesting to use two storage sheds (constructed without approval)
as temporary classrooms (Attachment D). Upon completion of the proposed sanctuary
the temporary classrooms would be used as storage for church-related items.
At its March 26 Planning Commission meeting, the Commission requested the
applicant provide more detail in regard to showing the proposed lighting in the parking
area and to provide the topography on the site plan. In addition, the applicant was
requested to provide building elevations for review by the Planning Commission.
Finally, the Engineering Department was to provide comments on the
BMP/stormwater basin.
In response to the Planning Commission requests, the applicant has submitted the
following:
1. Lighting has been shown in three locations on the current concept/site plan (one
pole with a double head and two wall-mounted). The installation of the lights woUld:be
in accordance with Section 4.17 of the Zoning Ordinance.
2. Building elevations have been included in Attachment A.
3. Topography also has been provided. Engineering has requested off-site topography
beprovided with the submittal of the site plan application to show drainage from the
BMP?stormWater basin outlet to an adequate channel. A drainage easement may be
needed on TMP 21-24AL This issue would be addressed at the site plan stag& The
Engineer has reviewed and approved drainage calculations.
The Engineering Department has also requested all parking areas and travelways used
by the church, excluding the driveway to the residence, be paved. Engineering has
computed the trip generation for the church with the proposed addition to be 984 trips
per week. In accordance with Section 4.12.6.3 of the Zoning Ordinance, paving would
SP 2001-033
I.astRevised: 4/24/02 I
be required for the access aisles, parking areas, and loading areas when there would be
more than 350 vehicle trips per week.
Landscaping or curbing would be installed between the parking lots and the driveway
to the parsonage. This barrier would be installed to ensure a safe and convenient
access to the church and the residence as described in Section 32. 7.2 of the Zoning
Ordinance. Creating a barrier would eliminate any possible confusion as to where the
separation is regarding the parking lot and the driveway for the residence.
Additional conditions have been added to address the concerns expressed by the
Planning Commission. These new conditions are listed under the Conditions of
Approval and are in bold Italic.
Petition: Request for a special use permit to allow the construction ora 7,480 square
foot expansion for a church sanctuary, classroom and fellowship hall, in accordance with
Section [10.2.2.35] of the Zoning Ordinance which allows for church uses in the Rural
Areas. The subject parcel, described as Tax Map 21-Parcel 25, contains approximately
3.004 acres zoned RA, Rural Areas. The site is located just east of Route 29 North at the
intersection of Burnley Station Road (Route 641) and Watts Passage (Route 600). The
property lies within the Rivanna Magisterial District in the area designated as Rural
Areas 2 by the Comprehensive Plan.
Character of the Area,.: The surrounding area can be characterized as agricultural
and scattered reSidential (Attachment E).
Planning and Zoning History: The existing church building was constructed in
1935 and has been used continuously by congregations since that time. In 1998, a special
use permit was approved for Bethel Baptist Church to expand onto the adjoining
property, which the church had purchased in 1997. The approved special use permit also
resolved a situation where the church had expanded the parking lot onto the newly
purchased property without obtaining a special use permit. The residence on the
purchased property was too be used only as a parsonage to the church..
On January 10, 2002, the applicant received a Notice of Official Determination of
Violation (Attachment F). Among the violations cited, two sheds were constructed on
the site and were being used as classrooms during Sunday services.
Staff has had conversations with the applicant and the Department of Building Code and
Zoning Services to resolve the violations. The applicant is now requesting approval for
the two sheds to be used as temporary classrooms. When the proposed
sanctuary/classroom addition is complete, the sheds would then be used as permanent
storage buildings for church-related items.
Violations numbered 2 through 4 have been addressed to the satisfaction of the Zoning
Department. Violation number 5 would be addressed at the site plan stage and violation
number 6 would be addressed wherffifthe site plan is approved.
SP 2001-033 2
Last Revised: 4/24/02
Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding
area as being located in the Rural Areas. The operation or expansion of a church in the
Rural Areas is permitted by special use permit.
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
2001-033, 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 beof substantial detriment to adjacent
property_.
There has been a church at this location since 1935, with ongoing congregational activity.
During the special use permit hearing in 1998, two adjacent property owners to the east
expressed concern about future church expansion. Specifically, the two residents
expressed concerns regarding the mount of light being emitted from the parking lot
lights and the adverse effects of their property values.
Staffbelieves if the light shields are properly installed and maintained in accordance with
the Albemarle County Lighting Ordinance effects of the lighting will be minimized to
surrounding residences. This issue would be addressed during the site plan process.
that the character of the district will not be changed thereby,
The church has provided a service to the community since 1935. The applicant's
proposal to expand the church is in response to a growing community that is 'utilizing the
services provided by the church. It is evident by the growth of the church that it fulfills a
need of the community.
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.
SP 2001-033
Last Revised: 4/24/02
with the uses permitted by right in the district,
This use would not prevent by right use of adjacent property.
with additional regulations provided in Section 5.0 of this ordinance..,
There are no additional regulations relating to churches.
and with the public health, safe _ty and general welfare.
The public health, safety, and general welfare of the community is protected through the
special use permit process, which assures that uses approved by special use permit are
appropriate in the location requested.
In regard to transportation safety, VDOT has requested the entrance radii be labeled as
25', and a profile of the entrance should be shown on the site plan. The entrance should
be sized for a culvert if necessary. Lastly, the church would close the entrance to Bumley
Station Road (Route 641). The existing entrance (approximately 15' wide) to Watts
Passage (Route 600) would be closed and relocated approximately 90' to the south. The
proposed new entrance would be 30' wide.
The 54 parking spaces being proposed is based on the plan noting there would be 216
seats (1 space per 4 seats). The applicant has.conveyed to staff that the total area of the
public assembly area would be approximately 4,000 sq. ft. which also calculates to 54
required parking spaces (1 space per 75 sq. ft.).
The current RA setbacks require structures to be 75' fi:om public roads, 25' from the sides,
and 35' fi:om the rear. There are no parking setbacks in the RA district. Staffbelieves it
· would be appropriate to condition the side and rear setbacks and screening to comply
with Section 21, Commercial setbacks. This would increase the side and rear setbacks to
50' and provide for a 20' parking setback. Staff believes this would help alleviate
possible concerns fi:om adjacent property owners.
SUMMARY:
Staffhas identified the following factors favorable to these applications:
The Land Use Plan suggests that churches are supportive to the rural areas in the
County.
The church building has been located at the site since 1935 and expansion often
ensures a continuing congregation.
Furore activities and expansions would be controlled through the special use
permit conditions.
SP 2001-033 4
Last Revised: 4/24/02
Staffhas identified the following factors which are unfavorable to this request:
1. In the past, adjacent property owners have had concerns regarding future
expansion.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staffrecommends approval, subject to
the following conditions:
1. The church's improvements and the scale and location of the improvements shall
be developed in general accord with the site plan entitled "Addition To Bethel
Baptist Church'; prepared by Scott A. Smith, and dated April 2, 2002.
2. The area of assembly shall be limited to a maximum 216-seat sanctuary.
3. Health Department approval of existing well and septic systems as well as any
improvements to the existing systems.
4. Commercial setback standards for side and rear setbacks, as set forth in Section
21.7.2 of the Albemarle County Zoning Ordinance, shall be maintained adjacent
to residential uses or residentially zoned properties (including RA zoned
property). The front setback shall conform to the Rural Areas standard as set
forth in Section 10.4 of the Albemarle County Zoning Ordinance.
There shall be no daycare center or private school on site without approval of a
separate special use permit.
VDOT approval of entrances and closures including providing entrance radii and
profile on the site plan, closure of the entrance to Burnley Station Road (Route
641), the existing entrance (approximately 15' wide) to Watts Passage (Route
600) being closed and relocated approximately 90' to the south. The proposed
new entrance shall meet commercial standards.
A Site plan shall be reviewed and approved.by the Planning Commission before
the two (2) storage buildings (designated storage building #1 and storage building
#2 on the site plan dated March 10, 2002) are used as temporary classrooms. A
certificate of occupancy shall be required prior to their use as temporary
classrooms.
Within thirty (30) days upon issuance of a certificate of occupancy for the
proposed church addition, the storage buildings shall no longer be permitted to be
used as temporary classrooms.
The residential dwelling on the property shall be used only as a parsonage
residence.
Prior to final site plan approval, off-site topography shall be shown on the site
plan for review and approval by the Engineering Department.
All existing gravel areas not included in the existing and proposed parking
areas and travelways shall be replaced with vegetative cover.
All parking areas shall drain to the proposed BMP/stormwater basin.
SP 2001-033
Last Revised: 4/24/02
Attachments:
A - Application, Plan, and Building Elevations
B - Location Map
C - Tax Map
D - Applicant Request Letter
E - Aerial Map
F - Notice of Official Determination of Violation
SP 2001-033 6
Last Revised: 4/24/02
County of Albemarle
fOFFICE USE ONLY
sP#
Department~.,~ ~, , ~" old Building_ ~ ., Codt~e _~.]_. ATTACHMENT A
Application for Special Use Permit
ProjectName{ho.~u~o~rcr,o,h~.,~vn=.o~ ? /9/9 ~7-,~,~ 7--0
*Existing Use _,~ C_ ['/ 6,' t? c. [/ Proposed Use.
*Zoning District ~' q *Zoning Ordinance Section number requested
(*staff will assist you with these items)
Number of acres to be ~:overed by Special Use Permit {i~ ~ ~o.io~ iu~m ~ a~i~t~
Is this an amendment to an existing Special Use Permit? ~'~q r~ _~ ¢ ~[~rYes[21 No
Are you submitting asite deYelopment plan with this application? ii}-YeslZl No ' ~-(~
Contact Person (Whom sho,td we call/write concerning this project?): f.'0 g 7' O /~ ~/~r~ d ~'/[
Address ~ O, '~ OX 'q ~ City ~T~gdSF/)/f ' State~
DaytimePhone(~O~) ~- 7~17 F~ ~- 7~/7 E-mail
Address ~ .,0 ~ c./[ -,~' 5,0 ~q//- City /~t.,'c/f~'4'~' ~,~tate {/'/C- Zip
Daytime Phone ( ~°5' ) q ~6"- 2/g ~ Fax # .E-mail
Applicant(Whoisthecontactpcrsonrepresenting?Whoisrequestingthespecialuse?): /~g~ $~'-'a ki* //~d/~'// ~-~ /-.9,,4,,t ~
Address ~,
Daytime Phone
City 57".4.~/1 ,ed 5/~/..8 tat e
,¢"-ff'- '22 ! '~ E-mail
Zip &&?93
Tax map and parcel 7'"//.4 ~,.-/- ~ 26'4'-~.~ rhysio~iAddress(ifassign~) ,..fi'zeD [
Locati0nofpr0perty(l,~.dmarks. i.t~rse~tions, orothe0 ~ O~O ~~E.j~d~_~ ~ .A_e-~,~ g[ ~"'
Does the owner of this property own (or have any ownership interest in) any abutting propeay? If yes, please list
those tax map and p~cel numbers . ~ d
OFFICE USE ONLY OOO
Fee amount $ ~- ~0' Date Paid
Hist6ry: fl[Special Use Permits:
5- 6q
D__. Variances:
Ccncurrenr review of Site Development Plan?
Ul ZMAs and Proffers:
DLetterof/,kuthorization (.3~¥t,,_.~g~ C .:,-~.~..z(l b~'-{
Yes .~No ¢': .,'~..-~.,:~c..~.;..l~. V~~r''' ,iCl ~'5~5- ~
401 Mclntire Road o:- Charlottesville. VA 22902 -:- Voice: 296-5832 -:-' Fax: 972-4126
ATTACHMENT A
Describe your request, in detail and'include all pertinent information such as the nuniuc~ u, 1.,~,,,~,~. ,
~nvolved m the use, operating hours, and any unique features of the use: ~ ~ ~ ~
ATTACilMENTS REQUIRED - provide two(2) copies of each:
Recorded plat or boundary surv6y of the property requested for the rezoning. 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 requesting a special use permit only for a portion of thd 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 corporatio, n, 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 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 concept/ifil 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 N~e
Daytinc.e phone number of Signatory
ATTACHMENT A
Describe your request-in detail and'include all pertinent information such as the nun ....... ~_ .......
involved in the use, operating hours, and any unique features of the use: ~ ~ ~ ~
?-
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 corporatiqn, 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 t_o 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.
~ignature ' l~t~
Printed Name
Daytime phone number of Signatory
ATTACHMENT A
7~ Landselpln~/Bt~lTerlng of ]31ttdng nren~ and a~a~nt I~operty ~ox &
t
· i
:i
./
DATA
\
\
t ADD TION TO
J BETHEL BAPTIST CHURCH
RIVA~tNA DISTRICT, ALBEMARLE COUNTY, 'VIROINIA
~S,T~ LAY~OUT
J CONSULTING ENGINEERS, PLa
J Civl,. S~nttary - Site D~e~opment
'J 2584 Piney Bnrk Drive, Virginia Beach, VA 23456
~~o ~
ATTACHMENT A
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-- P~RIGV-,
/' ,Ilt. II.L.
L I~' IF T
L1L. lEaL
{{jjJ.JiJ~!
~ROZET
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RT. ~1
TO RUCKERSVILLE
SP
I
Bethel Baptist Church
FOUR T~MES M&~ SCALE
O~AN~£
.J
TO 8ARBOURSVILLE
ATTACHMENT B
38'15'
TO LOUISA
ALBEMARLE COUNTY ATTACHMENT C
/
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5
~8
,7
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28 /
-093 Bothol Baptist Ghumh
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WHITE HALL AND
RIVANNA DISTRICTS
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488,,
SEE
SECTION
ATTACHMENT D
verebely & associates, architects
architecture, planning and graphics
2200-f dunbarton drive · chesapeake, virginia 23325 · (757) 424-4351
Mr. Steven Biel, Planner
Room 218
401 McIntire Road
Charlottesville, Va. 22902
11 March 2002
RE: Bethel Baptkst Church
Dear Mr. Biel:
On the above referenced project site there now exist two portable
buildings that were brought to the site several months back. As part
of the Special Use Permit now flied, we request permission to use
these bui16ings as temporary'classrooms while the new addition is
under construction. The new building will contain classrooms in the
basement level. Construction of the new building will provide the
needed classroom spaces. After construction of the new building we
would like to use these buildings for storage of church property such
as tables, Chairs, lawn equipment, and other items.
Thank you for yOur assistance and understanding in this matter.
Please feel free to contact me at 757-424-4351 if there are any
problems with this request.
William M. Verebe~../Jr., A.I.A.
11-03-02 A'I1:30
ATTACHMENT E
FAX (434) 972-4126
COUNTY OF ALBE~
Depa~m~ent of Building Code and Zoning Services
401 Mclnfire Road, Room 227
Charlottesville, Virginia 22902 4596
TELEPHONE (434) 296-5832
ATTACHMENT F
TTD (434) 972-4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
Date Notice of Determination is given: January 10, 2002 No: VIO-2001-350
HAND DELIVERED: January 10, 2002
The Bethel Baptist Church
Wendell Lamb, Margie Sacra & Jesse Spencer
Trustees
P.O. Box 250
Quinque, Virginia 22965
Property:
02100-00-00-02500
Tax Map and Parcel Number
Same As Above
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:
i. Site Plan & Special Permit Condition gl - Sheds installed are being occupied as classrooms.
2. Site Plan & Special Permit Condition gl - Parking towards middle and rear of lot inside
fenced in area is not in compliance.
3. Site Plan & Special Permit Condition #2 - Landscape screening not instaIIed pe~ plan and
some existing trees to remain on site plan have been cut down.
4. Site Plan & Special Permit Condition g4- Lighting not full~y shielded. Shields were installed
and then cut back so that they are not in compliance.
5. Site Plan- Traffic control islands not installedPer site plan.
The changes that have taken place at this site per the list above are not in compliance with
the approved site plan (SDP-98-059, see attachment 1) and special use permit (SP-97-64,
see attachment 2).
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...
ATTACHMENT F
VIO-2001-350 Page 2
January l0, 2002
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. (Section 3.1 - Definitions)
Section 31.2.4 Special Use Permits
Section 31.2.4.3 Conditions
The Board of Supervisors may impose upon any such permit such conditions
relating to the use for which such permit is granted as it may deem necessary in the public
interest...
6. No certificate of occupancy has been issued by the zoning administrator for the two new
sheds constructed on this property.
Section 31.2.3.1 Certificate of Occupancy
It shall be unlawful to use or permit the use of any structure or premises, or part
thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or
partly in its use or structure, until a certificate of occupancy indicating completion of the
work for which a permit was issued, is issued therefor by the zoning administrator.
Section 36.1: "Any building erected contrary to any of the provisions of this ordinance or contrary,.
any condition imposed upon any conditional rezoning, issuance of a special use permit or approvat of a
site plan, and any use of any building or land which is conducted, operated or maintained contrary to anv
of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of
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
erection or use in violation of any provision of this ordinance."
You are hereby ordered to cease_and desist from occupying the storage sheds immediately. You are
also hereby ordered to obtain the proper approvals, including a certificate of occupancy for these
structures. Your failure to comply with this order may result in legal action being taken against you.
You are also hereby ordered to begin bringing the property into compliance according to the SP-97-
064 and the SDP-98-059 by January 18, 2002 and have the property in compliance by February 11,
2002.
Your timely compliance with this order does not excuse the violation ~ited herein and does not
preclude the County from pursuing further legal action for these violations.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the
date notice of this detemfination is given, in accordance with Section 15.2-2311 of the Code of Virginia.
If you do not file a rirnely appeal, rbis dete,,-:ninati~n shall be final and unappealable. An appeal shall be
ATTACHMENT F
VIO-2001-350 Pa=e ~
January, i0, 200
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 specified above.
If you have any questions, .please contact Lisa Green at 434-296-5832 x3013.
Xmelia G.-McCulley, 'A.I.C.~P.
Zoning Administrator
County of Albemarle, Virginia
Cc: Reading File VIO-2001-350
Charles Martin
From:
Sent:
To:
Subject:
Klm Thompson [kkt5m@virginia.edu]
Tuesday, June 18, 2002 2:17 PM
Charles Martin
"Pave in Place" for RT. 600
Jim Bryan.doc
Mr. Charles Martin,
I have lived in your section of Albemarle Co., the Stoney Point area
since 1978. I am on Watts Farm Road at the intersection of RT.
600(Watts Passage Rd.) and Rt. 700. Watts Passage Rd has become very
busy over the last several years. A 400-500 yard section of this road is
still dirt/gravel. The fast traffic on this section continually impact
the ambient air with dust. The air quality on my property is very poor.
Upon 'discussing this problem with the Charlottesville office of
VDOT, Mr Utz suggested that I contact you about putting this small
section into the "Pave in Place" program as this would not require
furture modification to the sides of the road.
(The land surrounding this section is owned by Forrest Mcdaniels and his
siblings)
I am sending a letter to Jim Bryan of VDOT to have a traffic flow
study performed on this section of Rt. 600. Please find a copy attached.
I look forward to discussing this situation at your convenience.
Sincerely,
Kim Thompson
home # 973-2817
Kim Thompson
Pharmacology Dept.
Box 800735
University of Virginia
School of Medicine
434-924-9982 office
434-924-5207 fax
434-981-7846 mobile
COUNTY OF ALBEMARLE
Department of' Planning & Community Development
401 Mcintire Road. Room 218
Charlottesville. Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
May '23, 2002
C
Richard Glenn or Lorde P. Bryant
4828 Turkey Sag Road
Keswick, VA 22947
RE:
SP-2002-007 Bryant's Landscaping and SP-2002-008 Bryant's Landscaping
Tax Map 49, Parcel 5C
Dear Mr. Glenn & Ms. Bryant:
The Albemarle County Planning Commission, at its meeting on May 21, 2002, unanimously
recommended approval of the above-noted :petitions to the Board of Supervisors. Please note that this
approval is subject to the following:
SP-2002-007 Bryant's Landscaping - Recommended approval subject tothe following condition:
1: All fertilizers, herbicides, and pesticides shall be stored under roof and off the ground.
SP-2002-008 Bryant's Landscaping - Recommended approval subject to the following condition:
1. All fertilizers, herbicides, and pesticides shall be stored under roof and off the ground.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 19, 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
SB/jcf
Cc:
Ella Carey
Amelia McCutley
Jack Kelsey
Steve AIIshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
May 21, 2002
June 19, 2002
SP 2002-007 Bryant's Landscapine
SP 2002-008, Bryant's Landscaping
Applicant's Proposal: The applicant has requested approval of two special usc
permits: one to allow for farm sales (SP 2002-007), and thc second special use permit is
for a Home Occupation, Class B to allow for a landscaping business (SP 2002-008). Thc
applicant proposes to install a 20' x 48' greenhouse (960 sq. ft.) to grow annuals and
perennials, and to use a small portion of the front section of the greenhouse as an outlet
for farm sales from the applicant's landscape business.
The landscape business is a part-time business and would have limited days and hours of
operation. The applicant has indicated hours open to the public wouldbe Saturday from
9:00 AM to 6:00 PM and Sunday from noon to 5:00 PM. Also, the applicant has
indicated the facility would operate from approximately May through September. There
are no employees proposed at this time, other than the applicant's wife and four children.
In accordance with the standards of a Home Occupation, Class B, the applicant could
employ two persons in addition to the family members.
Petitions: SP 2002-007:' Request for a special use permit to allow for farm sales in
accordance with Section 10.2.2(45) and Section 5.1.35 of the Zoning Ordinance.~ The
property described as Tax Map 49, Parcel 5C, contains 21.187 acres, and is located in the
Rivanna Magisterial District on the northeast side of Route 640 (Turkeysag Road),
approximately 1 mile southeast of Route 20 (Stony Point Road). The property is zoned
RA-Rural Areas. The Comprehensive Plan designates this property as Rural Area.
SP 2002-008: Request for a special use permit to allow for a landscape business in
accordance with Section 10.2.2(31) and Section 5.2 of the Zoning Ordinance which
allows for a home occupation, Class B. The property described as Tax Map 49, Parcel
5C, contains 21.187 acres, and is located in the Rivanna Magisterial District on the
northeast side of Route 640 (Turkeysag Road), approximately 1 mile southeast of Route
20 (Stony Point Road). The property is zoned RA-Rural Areas. The Comprehensive
Plan designates this property as Rural Area.
Character of the Area: The property under review contains 21.187 acres and is
primarily wooded with a portion of cleared land towards the eastern side of Route 640.
The surrounding area can be characterized as wooded, agricultural, and residential.
SP 2002-007 & 008
Last Revised: 5/10/02
Planning and Zoning History_: A Home Occupation, Class A was approved in
May, 2000, for an office in the applicant's home that was related to the landscape
business. The applicant has been delivering plants to customers and would now like to
have a facility where products can be displayed and sold on-site.
Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding
area as being located in the rural area. Operating a landscape business and permitting
farm sales are a use that is compatible with the rural area.
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
2002-007 and SP 2002-008, based on the consistency with the Comprehensive Plan.
STAFF COMMENT: Staffwill address each provision of Section 31.2.4.t 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 location of the proposed greenhouse would be approximately 250' from the nearest
residence (Attachment D). The applicant's property slopes up from Route 640 toward the
rear of the property. The location of the greenhouse would sit at a slightly higher
elevation than l%ute 640 and would be reasonably buffered from the nearest residence by
a stand of trees that extend from Route 640 up to the location of the greenhouse
(Attachment E).
that the character of the district will not be changed thereby,
The site is surrounded by agricultural uses, wooded areas, and residential uses. Farm
sales are permitted by special use permit in the Rural Areas district. The intent of the
proposed greenhouse would be to provide an Outlet'for farm sales from the applicant's
landscape business.
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.
SP 2002-007 & 008
Last Revised: 5/10/02 2
with the uses. permitted by_ right in the district,
This use would not prevent by right use of adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
Farm sales are governed by Section 5.1.35 of the Zoning Ordinance. The proposed
request complies with the provisions of this section of the Zoning Ordinance.
The zoning ordinance definition of agriculture includes "agricultural industries or
businesses, such as, but not limited to, orchards, fruit packing plants, dairies, nurseries, or
wayside stands," therefore, the applicant may have by right, the opportunity to sell any
agricultural products. The two special use permits the applicant is requesting would
permit the ability to expand the retail sales to include additional products that could be
purchased from other sources. For the landscaping business, this could include mulch,
topsoil, or plants. For the farm sales, items could include pots, potting soil, hand tools
such as rakes, hoes, seed spreaders, etc.
In accordance with Section 5.1.35 of the ZOning ordinance, the total retail area of the
facility would not exceed 1,500 sq. ft. Greenhouses do not count as part of the total retail
sales area, unless one is designed as the farm sales structure. The total area of the '
proposed greenhouse would be 960 sq. ft., well under the maximum of 1,500 sq. ft.
Fifty percent of the retail sales area in the greenhouse must be agricultural or horticultural
produceproduced on the applicant's property. The remaining 50% of the retail sales
could be companion items. Displays outside of the farm sales facility (greenhouse)
- would be limited to agricultural and horticultural produce only.
and with the public health, safe _ty and general- welfare.
The public health, safety, and general welfare of the community is protected through the
special use permit process which assures that uses approved by special use permits are
appropriate in the location requested.
As the applicant is proposing to be open for business on weekends during May through
September only, there would be limited effects from vehicular traffic. The applicant has
been in contact with VDOT and will meet any requirements requested by VDOT.
SP 2002-007 & 008
Last Revised: 5/10/02
SUMMARY:
Staffhas identified the following factors favorable to the two applications:
The proposal is consistent with the provisions of Section 31.2.4.1.
The level of intensity of the proposed landscape business and farm sales'would be
consistent with the character of the Rural Areas district
The use is supportive of the agricultural industry.
Staff has not found any factors that are unfavorable to this request. Therefore, staffis
able to support this request.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP
2002~007 and SP 2002-008, subject to the following conditions:
All requirements of VDOT.
All fertilizers, herbicides, and pesticides shall be stored under roof and offthe
ground.
Attachments:
A - Application
B - Location Map
C - Tax Map
D - Aerial Map
E - Photos of Site
SP 2002-007 & 008
East Revised: 5/10/02 4
· .. ~ .. . . ~T-_ ~'----'t ATTACHMENTA
~pplicauon ~or ~pec~ use'rernu ,
Number of acr~ to be covered by Spe~ Use Pe~t o~ · ~ · ~ ~ ~ '" pm) t~ "
~ ais= amendment to an ~isfing Special Use Pe~t? ~ Y~.o '
,DavdmePhane(q3ff ) ~'~ Fax~
iTax map and parcel
~ Locado n o f p rgp erty (~:~d:n:rk~.~t=:::u~n~. or ot~e:) I~u~
~Does the owner of this property own (or have any owncrshio
' mose tax mao and pac=[ numbers
Ph?'sical A d al'less rif =s;g.-.e~l
OFFICE USE ONLY
F~~. amount
jHistor?':
Section 31.2.4. I of ~¢ Albemarle County ZOffing'(grcUn~¢e~ states ~a[, '"la~ OC~a o~ ~c~[SOrS
~r:by r:s~:s unto i:etf the ~ght to issue ~ s~ci~ us: p:~ pe~tted h:c:und~r. Spaci~ us~
p~ for us~s ~ provided in ~s ordin~c~ may b~ issued upon m 5nding by ~ bo~d of sup:~isom
~at such use will not be of subs~fi~ &~ment to adjacent pmpe~, ~at ~e ch~acter of ~e ~s~ct
wi~ not be ch~ged ~emby ~d ~at such use will be in h~ony wkh the pu~ose
~~ce, wi~ ~e uses'~e~tted bY'dgh{ in'~e ~ffict, wi~ ad~fion~ r~gulafions =rovided in section
The ite~ w~ch lo,ow will be r&~iewed by ~e st~ ~ ~ek ~ysis of your request. Pl~e complete
~ fora ~d provide ad~fion~ ~omafiqn w~ch w~ ~sist ~e Co~ty in im review of your reques3.'
~ you need ~sisr~ce ~Iing out ~ese ite~, st~ is av~able.
What is ~e Comprehensive Plan designation for ~is property?
How will t~e proposed s~eciat usa affect adja~egt property?
How witl m;s use oromotc the ~ubiic hcakh, safety, ano generat we[far: of the community? -T~[D L~. ~ i L.t.. _
Describ.e your request, in detail ~nd'include ~11 pcrtLnent inforraadon such as the numbers or nersons
involved in the use, operating hours, and any unique features of the use: "Do-
· . ' .'. .~'.'.:: -.. . .~:'-.' ~..'. ' ....-. i-v.':.
~. - ~..." .' - ".('2-:.':}'-.':'..' !:.' -'":-~ -.-':- :: '?; '."."-. ;-.' . . .' · "'S '
ATTACI-AM[ENTS RlgQ~D - provide ( ) P :
Recorded olaf or bo~{ndary survey of the prope~y requested for the rezoning. If there is
no recorde'd plat or bouqdary 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 Der,mit 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 ieg~
endrv or orzanization including, bur not limited m, the naxne of a corporation, partnership
or ~socia~on. or in the name of a u~st. cr in z fictkious n~e, a. document acceotzble to
~e County must be submkted csnifylng that the person signing below has the ~uthority
to do so.
..... "" e- ' accentable to the Count'; must ce
suc:~attec contammE the ow,,., s written ~,~:.~,,,t ~o, th application.
" "' is the ~(,,-~" of the ~,w~'~- iccument acceptable to t.he County must
S~C ~_LL~ [~,~[ O[ [~C CXiS[C~C~ 2Z~ SCOOt Of thc
nTT 4.CWM.ENTS:
· ' owiler in
' ,.-~' .... ; r. he '"' .,
~,oje~ orooe,,v, or have ',-,- ~,,-zl Dower to act on behalf of Lhe
I n~,~o~ c~..:.y th~t i own -
Elin~ :hts aeoiicadom I also certify that the informauoa nrc,;lded is u-ue and accurate to the best of my
~i~1 ~ ~~ ' 43~-flq3-o~ / 4}%
' 1
?::.n:~ 5 ~.e Dzy'fime ?.one aumber of Signamv/
LOT ~_
Mop 48
S ~:~00'02" E
~0959'
' 1
PARCEL X
D,B. 878 p. 167 (plat)
21.18/' Ac.
PHYSICAL SURVEY
PARCEL X'ON A PLAT AT D.B. 878 P.
LOCATED ON STATE ROUTE 640
NEAR STONY POINT
ALBEMARLE COUNTY, VIRGINIA
i' BAC A ~EOU. iq£M£Nr5,
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167
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OZET
Advance Mill!
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ATTACHMENT B
38'1
TO RUCKERSVILLE
EARLYSVILLE AREA
~ O g 4 ~G ~
./
8ARBOURSViLLE
SP 02-00?/SP 02-008 BRYANT;-S LANDSCAPING
RT, 606
COu~?y
TO LOUISA
/
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ALBEMARLE
C~EE ~ECT~ON
SP 02-007/SP 02-008 BRYAzNT'S LANDSCAPING
'%
COUNTY
/
ATTACHMENT. C
m~7 ' .". Z$~
\.
R!VANNA
C'STRICT
, /
,%
~8
SECTION 49
/0
._\Bryant's Landscaping.rdl
05/07/02 03:42:01 PM
View of proposed greenhouse, looking toward the east,
View of proposed greenhouse, looking toward the northeast.
June 10, 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
06-13-02A10:06 RCVD
Eric Matteson
148. Ruckersville He ghts
Ruckersville, VA 22968
RE:
SP-2002-009-Maple Grove Christian Church
SDP-2002-036 Maple Grove Christian Church Preliminary Site Plan
Tax Map 32, Parcels 29D and 29G
Dear Mr. Matteson'
The Albemarle County Planning Commission, at its meeting on June 4, 2002, unanimously recommended
approval of SP-2002-009 Maple Grove Christian Church to the Board of Supervisors. Please note that
this approval is Subject to the f.Q!lowing conditions:
1. No new structures or additions shall be constructed closer than 50 feet to any side or rear property
line.
2. The church's improvements and scale and locations of the improvements shall be developed in
general accord with the Preliminary Site Plan (Attachment A) entitled, "Ma pie Grove Christian Church
Preliminary Site Plan" dated May 7, 2002 (revisions).
3. The main area of assembly shall be limited to a maximum 425-seat sanctuary.
4. There shall be no day care center or private school on site without approval of a separate special use
.permit.
5. Dedication of an 18' of right of way along the frontage of this property on Rt. 649 to accommodate the
improvements shown in the VDOT Six Year Secondary Plan.
6. The four building identified in "Maple Grove Christian Church Preliminary Site Plan" dated May 7,
2002 (revisions) shall be connected to public water and sewer.
7: Within the 20' undisturbed commercial buffer only enhancement to the buffer will be allowed.
Pte~se be advised that the Albemarle County Board of Supervisors will-review this petition and receive
public comment at their meeting on June 19, 2002. Any new or additional information regard ng your
application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
Regarding SDP-2002-036 Maple Grove Christian Church Preliminary Site Plan the Commission approved
the request for waivers of disturbance of critical slopes and one-way circulation.
If you should have any questions or comments regarding the above noted action, please do not hesitate
to contact me.
Juandiego C"'/ \i'~ ~d~f~ '
7ra,~sport?ion P~anner
Cc: Ella Carey Amelia McCulley
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
JUANDIEGO R. WADE
JUNE 4, 2002
JUNE 19, 2002
SP 02-09 MAPLE GROVE CHRISTIAN CHURCH
SDP 02-036 WAIVERS FOR DISTURBANCE OF CRITICAL SLOPES AND ONE-WAY
CIRCULATION MAPLE GROVE CHRISTIAN CHURCH PRELIMINARY SITE PLAN
Applicant's Proposal: The applicant is seeking approval of a special use permit to construct two accessory
buildings at their current facility located at 3210 Proffit Road. This request will require approval of a site
plan and approval of waivers for disturbance of critical slopes and one-way circulation. The site plan will be
approved administratively if the special use permit is approved. (Attachment A- Maple Grove Christian
Church Preliminary Site Plan)
Petition: The applicant is requesting a special use permit to expand their current facility. The site will be
developed to accommodate up to 700 people at one time for various weekly church and community
functions. The sanctuary will be expanded to seat 425 people with primary services on Wednesday
evening, Saturday evening, and Sunday. Up to 300 additional people will be on site in Bible study classes
and children sermon during the main service. Two new buildings will contain additional classrooms, offices,
and a multifunctional recreational space. The applicant also proposes to use an existing building on the
property for youth activities. The petition is for expansion of an existing church by special use permit. The
property, described as Tax Map 32 Parcels 29G and 29D, contains 6.99 acres, and is located in the Rivanna
Magisterial District on Proffit Road-(Route 649) approximately 0.3 miles from Rt. 29. The property is zoned
R-1 Residential. The Comprehensive Plan designates this property as Urban Density in the Hollymead
Development Area. (See Attachments B- Special Use Permit Application & C - Location Map)
Character of the Area: The area surrounding the church can be described as suburban residential. The
Forest Village neighborhood is located adjacent to the site.
RECOMMENDATION: Staff has reviewed the proposal for conformity with the Comprehensive Plan and
the Zoning Ordinance and recommends approval of the special use permit with conditions. Staff
recommends approval of the waiver for critical slopes and parking and administrative approval of the site
development plan if the special use permit is approved.
Planning and Zoning History: The history of the parcel is as follows:
SP-84-40, The property was approved for a church to seat 250.
SP-89-52, Re-approval of SP-84-40.
SDP-90-77 Maple Grove Christian Church Site Plan was approved.
SDP-97-125, Approval of a Minor Amendment to the site plan for the addition of a storage shed.
SPECIAL USE PERMIT
Comprehensive Plan and The Neighborhood Model: Requests for special use permits in the
Development Areas are assessed for conformity with the Neighborhood Model and the Land Use Plan. The
Land Use Plan shows this area as Urban Density. The applicant proposes to construct two new buildings.
One building will be used primarily for classrooms. The other building will be a family life center with
basketball/volleyball court, stage, and conference rooms. The apphcant will convert an existing building for
youth activities. The expansion will allow the church to accommodate growth and to offer more services to
its members.
An assessment of the proposed project as it relates to the twelve principles for development in the
Neighborhood Model are provided below:
Pedestrian Orientation - There will be a concrete sidewalk, connecting the buildings throughout the
facility and out to the entrance fi:om Proffit Road.
Neighborhood Friendly Streets and Paths- No new streets are proposed with the church addition.
Interconnected Streets and Transportation Networks -There may be an opportunity for future
connection to the adjacent property to the west through the parking areas.
Parks and Open Space - Not Applicable.
Neighborhood Centers - The church has' made the main sanctuary available for public use in the past.
Buildings and Spaces of Human Scale - One of the new buildings is equivalent to three stories. It will
have a pitched roof and will be used as a family life center. Staffwill condition screening to reduce the
visual impact of the building. The size of the proposed family life building will not be as tall as the existing
main sanctuary. When completed, the three main building will have the appearance of one building (see
Attachment D): Staff has no issues with the proposed locations of the building and parking shown on the
plan as. they relate to surrounding areas.
Relegated Parking - The main sanctuary is existing and parking is in front of the building. The majority of
the new parking area will be constructed behind the proposed family life building.
Mixture of Uses - The site will include the parsonage, main sanctuary, family life center, fellowship hall
and youth activity building. The church complex provides a mix.of uses with the nearby residential and
commercial activities.
Mixture of Housing Types and Affordability - Not Apphcable.
Redevelopment-The addition to the church serves as an opportunity to intensify use of the site rather than
relocate potentially to the Rural Areas.
Site Planning that Respects Terrain - The applicant is requesting a critical slopes waiver for a small area.
Staff does not believe this will have a negative impact on the overall site terrain characteristics.
Clear Boundaries with the Rural Areas - The site is not located along a boundary with the Rural Area.
Engineering Analysis: The County's Engineering staff has reviewed this request for engineering issues
related to health, safety, and welfare.requirements. The Engineering Department is recommending approval
of the special use permit since most of their concerns can be addressed during the review of the site plan.
Zoning Considerations:
The Zoning Department has authorized the requested increase in the required parking. They will allow the
use of 1 space per 3 fixed seats'for the 425-seat sanctuary, and concurrent use of the Youth Building
Worship Room and the Family Life Center - Main Hall, which adds 13 and i04 spaces respectively, for a
total of 259 spaces of required parking.
STAFF COMMENT:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:
Will the use be of:substantial detriment to adjacent property?
Staff does not believe the use will have a substantial detriment to adjacent properties. The church is an
existing use and staff will condition appropriate screening between the church facilities and adjacent
residential uses.
The majority of the traffic will be generated on Sundays. There will also be services on Wednesday and
Saturday.
Will the character of the zoning district change with this use?
The character of the zoning district will not'change with the addition to this church.
Will the use will be in harmony with the purpose and intent of the zoning ordinance?
The addition to the church will be in harmony with 'the purpose and intent of the Zoning Ordinance.
Will the use be in harmony with the uses permitted by right in the district?
By-right uses in Residential (R-l) district are:
· Detached single-family dwellings.
· Cluster developments of permitted residential uses.
· Rental of permitted residential uses and guest cottages.
· Electric, gas, oil communication facilities.
· Accessory uses and buildings.
· Temporary construction uses.
· Public uses and buildings, including temporary mobile facihties.
· Tourist lodging.
· Homes for developmentally disabled persons.
The church will be in harmony with the above uses. The church will also contribute to the moral fiber of the
community.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
There are no additional regulations for churches provided in the Supplementary Regulations.
Will the public health, safety and general welfare of the community be protected if the use is approved?
The public health, safety, and general welfare of the commtmity will not be negatively impacted with the
addition of this church. The site is currently served by public water and sewer.
Noise should not be a problem. The gym is located in a building and play areas are not located adjacent to
residential areas.
The expansion from the existing use could add an estimated 112 vehicle trips per Sunday to Proffit Road.
The current church generates approximately 458 vehicle trips per Sunday. Proffit Road currently carries
6300 vehicle trips per day. The County and VDOT have determined that the road needs upgrading and has
scheduled it in the Six Year Secondary Road Priority Plan. Proffit Road is scheduled for improvements in
August 2006:The improvements call for the road along the frontage of this site to have three lanes (center
turn lane) with sidewalks and bike lanes. The applicant has appeared to dedicate the necessary R-O-W for
this project in order to accommodate these improvements (Attachment E). Staff will condition a dedication
of an 18' of right of way along the frontage of this property on Rt. 649 to accommodate the improvements.
SUMMARY:
Staff has identified t_he following factors, which are favorable to this request:
1. The Church has existed for over l0 years.
2. The Church serves as a community meeting place for many area organizations and provides for a mix of
uses in this area.
Staff has identified the following factor, which are unfavorable to this request:
1. The current condition of Proffit Road is less desired for increasing traffic and timing for improvements is
still four years away.
RECOMMENDED ACTION
Staff recommends approval of the request with the following conditions:
1. No new structures or additions shall be constructed closer than 50 feet to any side or rear property line.
2. The church's improvements and scale and locations of the improvements shall be developed in general
accord with the Preliminary Site Plan (Attachment A) entitled, "Maple Grove Christian Church
Preliminary Site Plan" dated May 7, 2002 (revisions).
3. The main area of assembly shall be limited to a maximum 425-seat sanctuary..
4. There shall be no day care center or private school on site without approval of a separate special use
permit.
5. Dedication of an 18' of right of way along the fi:ontage of this property on Rt. 649 to accommodate the
improvements shown in the VDOT Six Year Secondary Plan.
6. The four building identified in "Maple Grove Christian Church Preliminary Site Plan" dated May 7,
2002 (revisions) shall be connected to public water and sewer.
7. Within the 20' undisturbed commercial buffer only enhancement to the buffer will be allowed.
SITE DEVELOPMENT PLAN- WAIVERS FOR DISTURBANCE OF' CRITICAL SLOPES AND
ONE-WAY CIRCULATION
A site development plan accompanies this special use permit request (Attachments F & G). Waivers for
disturbance of critical slopes and one-way circulation are also requested. Comments specific to the site plan
and are provided below:
Modification for One-way Circulation:
The applicant is requesting permission to provide one-way circulation in a twelve(12) foot wide travelway
under the porte-cochere entrance at the northwest wing of the building where the existing sanctuary is
located. Section 4.12.6.2 of the Zoning Ordinance states, "One-way circulation aisles shall not be
permitted, except that the Commission may approve one-way circulation in such case where the game is
necessitated by the peculiar character of the site..." The Engineering Department has reviewed this request
and the site plan showing the installation of "Do Not Enter" signs and "One-way" pavement markings in
the vicinity of the porte-cochere and recommends approval. Planning staff finds that the building entrance
located under the porte-cochere and its associated handicapped ramp allows an additional oppommity for
safe and convenient access without blocking either of the two-way lanes where the largest volume of traffic
is expected to pass. Therefore, staff recommends approval of the modification to allow the proposal for one-
way circulation as shown on the plan.
Critical Slopes Waiver:
The site plan shows that a portion of the proposed grading and a path wi~'l~! pass over a portion of the site
where critical slopes exist. Section 4.2.3.2 of the Zoning Ordinance restricts earth-disturbing activity on
critical slopes, while Section 4.2.5.2 allows the Planning Commission to waive this restriction upon finding
that a strict application of these provisions would not forward the purposes of the Zoning Ordinance. The
applicant has submitted a request and justification for a waiver, which would allow the disturbance of an
approximately 0.08 acre area (1.1% of the total site) containing critical slopes. Areas where critical slopes
are located have been identified on the site plan with shading, and the applicant has addressed all five of the
health, safety and welfare concerns that are set forth in the Ordinance. Staff has also addressed those
concerns directly through the analysis provided herein, and with the standard review that is applied to all site
development proposals.
The Engineering Department has analyzed the applicant's request and finds that proper reconstruction of
slopes and establishment of vegetation in the disturbed area will be effective in preventing the movement of
any significant amount of soil. Other aspects of site design that are subject to Engineering Department
review, such as the design of stormwater detention facilities and erosion and sediment control measures, will
be effective in addressing concerns for excessive mn-off and siltation. Because this site already has access
to pubhc sanitary sewer services and none of those facilities pass directly through the area proposed for
disturbance, the concern for the possible impact on the travel of septic effluent is not relevant to this request.
Therefore, Engineering staff recommends approval of the requested waiver.
The Department of Planning and Community Development's analysis of this request gives consideration for
the concern with the possible loss of aesthetic resources. Currently, no significant vegetation exists on the
man-made critical slopes proposed for disturbance at this site and staff's analysis has determined that none
of them are delineated on the Open Space Plan's Concept Map. Furthermore, none of the other important
resources that are recommended for open space protection are present at this site. Therefore, Planning staff
has determined that there is no significant concern for loss of aesthetic resources resulting from this request and
recommends apProval of the waiver request.
Engineering Comments - Engineering Department has recommended approval these waivers. Their
comments can be found on Attachment H.
Staff recommends approval of the disturbance of critical slopes and one-way circulation waivers.
ATTACHMENTS:
A- Maple Grove Christian Church Preliminary Site Plan
B- Special Use Permit Application
C- Location Map
D- Concept Map
E- Letter from Applicant for Dedication of R-O-W
F- One Way Travel Waiver Request
G- Critical Slopes Waiver
H- County Engineering Department Review of Two Waiver Request
6
Department of Building Code ant ATTACHMENT B
County of Albemarle
IOFFICE USE ONLY
sP# ~ oOq
TM~'0 % '2- 0 0 - 0
Date
Application for Special Use Permit
*Existing Use C~gY~'¥~ J ~,Ofrtf~OBl~ ~'O~d~ Proposed Usc'
.- . ~
' ~ I *zoni. Ordinance~ec.onnumberrcqu:tcJ~
*Zoning Dis~ict - ~ . g
(*~mff will ~i~ ~o. wi~h th~s~ it~ms~
Number of acres to be cover.c.d by Special Use Permit otm~rt~ it
Is this an amendment to an existing Special Usc Permit?
Are you submitting a site development plan with this application?
esC~ No ~ O 3, 155
Address 323,O
Daytime Phone (4'-~q") 0/73 '2ot~0
Contact Person (Whon, shouia we can/write concerning this projectT): E~'~C ~O.~f'~
E-mail ~-r~,.; ' ~g~~
t[Daytime Ph;ne (~) ~'~7~_ ~ ~~'~~q~ Fax ~ ' ~o~. ~
Owner of land (As listed in thc County's ~ords): ~. ~ ~} ,~.~.~% . · , . ~.
~~ ~m3 ' City~rlo~i~ State~ Zip~91l
. Fax ~ E-mail ~U. i~. ~
Address 32.10 ~)rc.~ I~XI~ citydhtltlo~&o State q/~ Zip :22911
Daytime Phone (t.[3q.) ~'7.:,'3' 2D/ada Fax # E-mail %~2.~. i q'~. lfie.~
iTaxmapandparce~l_'rR 32. ~)CXr. 2Q~ Physical Address ¢iras~igneo, . .
Does the owner of this property own (or have any ~ne~hi~ iBterest in) any abutting property? If yes, plebe list
those tax map and p~cel numbers T~ 3~ ~. ~0D ( 0,1~.~
Fcc amount $ ;~ Date Paid
History: (21 Special Usc Permits:
~ D Variances:
Concurrent rcvicw of Site Development Plan?
CI ZMAs and Proffers:
L. cttcr of Authorization
Yes 0 No
Voice: 296-5832 O Fax: 972-4126 ]]
Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "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. .i.ssued 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 b.~.e~reviewed by the staff in their analysis of your request. Please complete
this form and provide additiona~J-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 thc 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?
this
usc promote the public health, safety, and general welfare of the community?
Describe your request in detail and include all pertinent inforfii~tion 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:
~/ 1. Recorded plat or boundary survey of the property requested for the rczoning. 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 acopy of the plat or surveyed drawing.
Ownership informt~tion - 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 docume'n.t acc.eptable 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.
Printed Name
Date
Daytime phone number of Signatory
ATTACHMENT B
Application for Special Use Permit - Church
Attachment to Maple GroVe Christian Church Facility Expansion Project
What is the Comprehensive Plan designation for this property?
Residential - Urban Density.
2. How will proposed Special Use affect adjacent property?
The subject property is currently used as a church under an existing Special Use Permit. Because of
the growth of the congregation, the church needs to expand in order to serve the present and furore
congregation. Since the property is akeady used as a church, the proposed special use will not
affect adjacent property in that respect. While there will be some increase in vehicular traffic using
the church, the times for such use are limited. The site will be developed to accommodate up to 700
people at one time for various weekly church and community functions. The sanctuary would seat
approximately 425 people with primary services' on Wednesday evening, Saturday evening, and
Sunday. The church, comprised of up to four buildings, woUld also receive weekly usage for
various related activities attended by about 50 to 100 people. Examples of such activities include the
community playground and JAUNT bus stop that are used weekly. Boy Scouts meet at the church
once a week. Once a month there is a meeting of the Northside Day Care, Forest Ridge Property
Owners Association, Terrybrook Homeowners Association and the Home School Committee. None
of these meetings generate much traffic. The existing dwelling will be maintained as a parsonage,
parking for 270 cars will be provided.
How would a proposed Special Use affect the character of the district surrounding the
property?
The proposed special use will not affect the character of the district surrounding the property smce
the property is currently used as a church with related activities and will continue to be used as such.
4. How is the use in harmony with the purpose and intent of the zoning ordinance?
Water/sewer/gas will continue to be provided via the present water/sewer/gas system. The
improvements to the church will blend in with the present improvements, thereby, having little
impact on the natural and scenic resources.
5. How is the use in harmony with the usage permitted by right in the district?
Some of the uses permitted by right in the R-I District are detached single family dwellings, public
uses in buildings such as schools, office, playgrounds and parks. Churches are permitted by Special'
Use Permit. Churches are a natural extension of the by right uses and would be expected to be
found in the R-1 District.
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to
their use?
None.
Maple Grove SUP 2002 R4.doc
Page Number 1 of 6
How will this use promote the public health, safety and general welfare of the
community?
The proposed expansion will allow for increased use of the facility for the mission of the church,
community functions, instruction, association meetings, recreation, and as an emergencY shelter.
Future consideration will be given for a Christian basedpreschool and elementary school program
(An additional special use application will cover this).
8. Describe your request in detail and include ail pertinent information such as number of
persons involved in the use, operating hours, and any unique features of the use?
Properties of Maple Grove
Maple Grove currently owns two adjoining parcels in Albemarle County, approximately 10 mi North of
Charlottesville VA located at 3210 Proffit Road, Charlottesville, Virginia 22911.
Maple Grove Church is located on approximately 4.1 acres zoned R-l, residential, identified on TAX
MAP 32 - PARCEL 29G. It currently operates under special use permit SP-84-40 and SP-89-52. On
this property are a parsonage (used by one of our pastors) and the current 12,350 square foot church
building.
In 1994, Maple Grove purchased approximately 3.2 acres zoned R-1 identified on TAX MAP 32 -
Parcel 29D. This property adjoins to the South of the aforementioned property. On this property is a
former 4,100 square foot community center converted to a residence, now to be used by Maple Grove as
a dedicated youth center as described below.
Current Maple Grove Church Functions
Services - Currently, there are four services per week with one additional youth focused service. A
sixth service is planned in the near future~ This will result in the other the Sunday service times
being adjusted.
Worship Growth * Cars
Attendance (people/yr.) (avg./max)
· (avg./max)
Saturday 6:00 (Praise &Worship - New) 50/120 50 - 50/80
Sunday 9:15 (Praise &Worship) 225/290 25 159/179
Sunday 11:00 (Traditional) . 100/150 . 10 132/154
Wednesday 6:30 (Revival- New) 70/120 20 130/175
Wednesday 6:30 (Youth) 60/80 15 Incl. Above
NOTE: There is an average of 2.8-3.0 people per car at Maple Grove. In addition to worship
attendance, there is a significant number of adults and children that attend Bible study classes
opposite the services. Church design guides suggest 2.5 people per car when calculating minimum
parking.
Weekly bible study groups - Currently there are 15 different Bible study groups that meet at Maple
Grove at various times during the week. Most bible study groups meet opposite one of the weekly
services (Sunday and Wednesday).
· Pastoral leadership and counseling - Currently there are 4 pastors and I office assistance that use
the building on a daily basis. Each requires a separate office.
· Promise keepers meetings/functions twice a year.
Maple Grove SLIP 2002 R4.doc
.Page Number 2 of 6
Current Regular Community Functions
Daily
· Community playgroUnd- Local daycare groups have agreement to use playground on a daily basis.
· JaUnt bus stop/commuter parking - Daily, but currently only 3-4 cars typical.
Weekly
· Boy Scouts of America every Tuesday night and several Saturdays throughout the year.
Monthly
· Northside Daycare meeting location
· Forest ridge property association meeting location
· Terry brook owners association meeting location
· Home-school committee meeting location
Typical on "As Needed Basis"
· Weddings (member and non-member)
· Funerals (member and non-member)
· Proffit road association
· Great eastern management meeting location
· Pubhc hearings
· Grace community church (used for large functions)
· Family reunions
· Community clubs
· Central VA Emmaus community
· Red cross blood drives
· Itahan Immigrant Organization
Expansion Plans - Maple Grove Church Functions
Current needs and future plans are based on simple observations, recognized needs, a survey of our
church membership, community input and Current usage, and our mission statement. This input was
consolidated and resulted in the facility expansion requirements outlined below:
Class Rooms for use during regular church services. Intention is to design the facility for
approximately 700 people on site during regular SUnday church services. This can be broken down
as follows: Approximately 375-425 in the sanctuary, 130-150 children in classes, and 100-150 adult
bible study groups or in fellowship. Classroom requirements are broken down as follows:
Group/Desc People (Planned) Special needs/notes
Nursery (newborn- 12 mo) 10-15 In-class Rest Room, One way
glass~ baby care station
Toddler (12-36 mo) · 15-20 In-class Rest Room, One way glass
3-4 yr olds 15-20 In-class Rest Room
Grades K- 1 15-20 In-class Rest Room
Grades 2-3 15-20 In-class Rest Room
Grades 4-5 15-20 In-class Rest Room
Special Needs 6 - 8 In-cIass Rest Room
Power Hour (K-5) 60-80 Future Recreational Area
Bible Study Group 1 (Roger) 15-30 Class/conf
Bible Study Group 2 (Mark) 15-30 Class/conf
Bible Study Group 3 (Mike W.) 15-30 Class/conf
Maple Grove SUP 2002 R4.doc
Page Number 3 of 6
Bible Study Group 4 ~. .-.15,30 .;,~:~ :: .: Class/conf
Jr High Girls- 21 (Grades 6-8) 20-25 In Youth Center
Jr High Boys- 18 (Grades 6-8) 20-25 In Youth Center
8r High Girls- 28 (Grades 9-12) 25-30 , In Youth Center
Sr High Boys- 25 (Grades 9-12) 25-30 In youth Center
Larger regular fellowship area for dinners, large group activities and Sunday Morning "mingle"
time.
Family counseling area - This can be handled with better pastoral office facilities and a
prayer/chapel room. This will be covered in phase 1.
Indoor Family recreational area- The desire is to offer Maple Grove members and the local
community recreational programs. (basketball, volleyball, etc.)
Top name Christian concerts - Maple Grove would like to offer to its members and community top-
name Christian concerts and church productions. Seating space for 700-800 people is desired.
Future Expansion. Community Functions
· Community recreational programs and church league play
Christian based after school programs
Homework assistance/tutor program (1-3 classrooms)
Recreational Activities
· Church Library - A Christian Resource Center with computers and study area and adult or senior
teen supervision. Counseling for families through pastors would be ideal.
Emergency shelter - Buildings (phase 2 only) designed to emergency shelter requirements.
Generator hookup with ATS, but not necessarily a permanent generator on site. Need further
evaluation and recommendation for furore permanent generator. Consideration for other emergency
shelter needs (e.g. food storage) to be researched.
· Future consideration for a Christian based pre-school and elementary school progra_~ and possibly
daycare. An additional special use application will cover this.
Facility Expansion Requirements
Classrooms
2 Classrooms specific for ages 6 weeks to 3 (Nursery and Toddler')
7 Classrooms specific for ages 3 to 10 (Preschool - Elementary age group)
6 Multifuncti0nal Class/Conference rooms for 11: year olds through adult study
(2 of these classrooms will be added in phase 1, one is in existing building)
1 Multifunctional resource center/study space, future plan includes 5 to 10 web enabled PCs
More Classrooms desired if feas~le
- Closed circuit video
Fellowship Space (Planned in Phase 1)
Increased space to comfortably support up to 200 people for regular sit down dinners
(Particularly for Wednesday evening fellowship dinner)-. (planned in phase 1)
Maple Grove SLIP 2002 R4.doc
Page Number 4 of 6-
/7
Sanctuary (Planned in Phase 1)
Increased seating for 120 or more people
Storage for Musical instruments (Incl Baby Grand Piano)
Choir/Sanctuary Storage (Risers)
Larger Sound room with proper heating and cooling system
Upgrade to theatrical quality lighting planned
Upgrade video projection system plarmed
Pastoral Offices (Planned in Phase I) 4 minimum
Suitable for daily use in research, study, and counseling.
Internet enabled
NOTE that these offices will be built during phase 1, but will be used as class rooms until after
phase 2 is complete.
Family Life Center
Recreational Facility for indoor sports (Junior size Basketball court re_in, High School
Regulation desired.)
Professional stage designed to easily adapt sound and lighting equipment (future).
Audio/Visual platform or suitable designated area. May be portable design concept that
connects through a floor trap. Provisions for cabling and power required.
Acoustics suitable for professional concerts and church programs.
Large commercial kitchen m support large programs and sit down dinners (Kitchen to include:
walk-in pantry, and walk-in freezer, serving line/window if appropriate)
Consideration for future video projection system (rear projection desired)
Parking - Increase parking to support full capacity of the facility. (280 desired)
Project Details and Timing
The Maple Grove facility expansion project has been broken in 3 distinct phases. Each of the phases is a
logical progression of expansion designed to address the areas of greatest need as quickly as possible.
Phase lA
Target of July 2002 to begin construction. Phase includes:
· Replace side parking lot with new parking lot
· Parking lot for youth building .
· Relocation outdoor basketball court
· Current water run offponds to be relocated behind future youth building. Retention ponds
will be designed initially as a sediment trap for construction, then will be converted to a
bio-retention pond at the end of phase 2.
· Connection of Youth building and baptismal font to city sewer
· Classroom wing addition with 2 large classrooms and 3 smaller classrooms. Smaller
classrooms will be converted to pastoral offices after phase 2.
· Fellowship Hall expansion with an additional large classroom. Classroom will be
converted to a library/bookstore after phase 2.
· Single lane porte-cochere
· Remodeling of current classroom wing to enlarge women's restroom with 2 additional
toilets and 2 additional sinks and a separate universal handicap restroom with a single toilet
and sink.
· Exterior walls of Sanctuary expansion
Construction material and design will be consistent with current church building.
Maple Grove SUP 2002 R4.doc
Page Number 5 of 6
Phase lB
Target of October 2002 to begin construction. Phase includes:
· Increase the size of the current sanctuary. Approximately334 linear feet of pew seating
planned.
· Storage areas for musical insmmaents and other sanctuary related items
· Music office
· Chapel/prayer room
· Relocation of Sound room above main sanctuary entrance
· Relocation of prayer garden
Construction material and design will be consistent with current church building.
Phase 2 Concept
Target of 2Q03 to begin construction. A concept for phase 2 has been developed based on the
current and identified future needs of Maple Grove. The concept is based on two pre~
engineered steel buildings as follows:
Class Room Wing (7000 Sq Ft)
Nine 20' X 30'Classrooms, all with in-class restrooms, two dedicated to nursery and
toddler usage
Building primarily dedicated to children ages newborn to ! 1 years old.
Pre-elementary School office
Men's and Women's restrooms
Family Life Center (16600 Sq FO
High school regulation basketball/volleyball court
Large stage (4' high)
Four 25' X 20' conference/class rooms
Men's and Women's Restrooms with a changing area, lockers, and showers.
Large Commercial Kitchen with walk-in pantry and walk-in freezer
Fellowship/Foyer area
Backstage/storage area with Receiving dock
Double lane porte-cochere (clearance for large vans and buses)
The architectural engineering team working closely with the Design and Permits committee at
Maple Grove will determine detailed building design and construction materials.
Maple Grove SUP 2002 R4.doc
Page Number 6 of 6
4£
ATTACHMENT C
H '
0'2-009 MAPLE GROVE CIIRISTE4N CHURCH
WHITE
RIVANNA
HALL ~
DISTRICTS
SECTION 32
ATTACHMENT D- CONCEPT MAP
(FULL SIZE MAP AT END OF REPORT)
.z/
LAND SURVEYING
~'NGINEERIN G
LAND PLANNING
J. THOMAS GALE, L.S.
MARILYNN R. GALE. L.S,
WILLIAM J. LEDBETTER. L,S.
EDWARD D. CAMPBELL Ill. L.S.
ROUDABUSH, GALE & ASSOC., INC.
A PROI=ESSIONAL CORPORATION
914 MONTICELLO ROAD
CHARLO'IFFF--.SVILLE, VIRGINIA 22902
ATTACHMENT E
INFO~ROUDABUSH.COM
DOUGLAS R. BRUCE. L.S.
WILLIAM S. ROUDABUSH,
APril 15, 2002
Mr David Benish
Department of Planning and Community Development
County of Albemarle
401 McIntire Road
Charlottesville, Virginia
29902
Re:
Maple GroVe Christian Church
SP 02-09, Facility Expansion
SDP 02-36, Preliminary Site Plan
Dear David,
I am writing in response to written comments of April 4, 2003 ~om Mr M. C.
Grimes, VDOT concerning, his review of the proposed Special Use Permit for this
development. Mr Grimes went on to state "We also recommend a minimum right of way
dedication of18 ' along the property frontage to 649, to accommodate the improvements
shown in the 6 year plan. A 30' right of way dedication would allow for a four lane
cross-section should it ever be continued east of Worth Crossing. I am attaching a copy o
the recorded plat (D.B. 1153, page 411) for this property - showing the original 30 feet of
right of way dedicated from the road center line, as well as the additional 30 feet reserved
for future highway improvements. I hope that this will prove he4pful for you. Please do
not hesitate to call should you have any questions or require additional information~
Sincerely,
'Brent W. Nelson
ST~rk'£N$ON ~ 4
LAND SURVEYING
ENGINEERING
LAND PLANNING
J. THOMAS GALE. IS.
MARILYNN IR. GALE. IS.
WILLIAM J. LEDBETTER. L.S.
EDWAIRD D. CAMPBELL Iii.
ROUDABUSH, GALE & ASSOC., INC.
A PIROt:ESSiONAL CORPORATION
914 MONTICELLO ROAE}
CHARLOTTESVILLE, VIRGINIA 22902
ATTACHMENT F
WA~ (4~4) ~9~5220
INFO@ROUDABUSH.COM
. DOUGLAS IR. BIRUCE. L.S.
WILLIAM S. ROUDABUSH. LS
April 15, 2002
Mr Stephen Waller
Planner
Departmem of Planning and Community Developmem
County of Albemarle
401 Mclntire Road
Charlottesville, Virginia
22902
Re:
Maple Grove Christian Church, SDP 2002-036, Preliminary Site Plan
Waiver request of Section 4.12. 6. 2
One-way Travel.
Dear Stephen,
I am writing to request a waiver of Section 4.12.6.2 of the zoning ordinance as k -
pertains to one-way travel. Maple Grove Christian Church is proposing to construct a
porte-cochere at the end of an addition being added at. the west end of the existing church
building. Constraints dictated by both the size of the building as well as the dimensions
of the surrounding site do not allow for a porte-cochere wide enough for two-way travel.
The travel-way under the porte-cochere is twelve foot in width (exclusive of curb)
as required under this section of the zoning ordinance. Pavement hmrkings and
directional signs are proposed as shown on the site plan (4-15-02 latest revision date).
They will direct drivers to enter the porte-cochere from the West Side. Entry fi'om this
side is preferable for several reasons.
· It places the passenger's door directly adjacent to the handicap accessible curb
CUt.
The turning radius is better when entering from the west end - making it
easier for the driver to remain in their own lane of travel as they enter and
exit.
The line of sight is better for a vehicle exking from the east side of the porte-
cochere.
We feel that it is safe to say that one-way directional flow as requested will aide
in maintaining an unimpeded flow of traffic and promote a traffic pattern that is both
easier to understand and safer for pedestrians accessing either the building or their parked
CarS.
Sincerely,
Brent W. Nelson
LAND SURVEYING
ENGINEERING
LAND PLANNING
J. THOMAS GALE. L.S.
MARILYNN r. GALE. L_S.
WILLIAM J. LEDBIEFFEr. L.S.
EDWARD D. CAMPBELL Ill. L.S.
ROUDABUSH, GALE & ASSOC., INC.
A PF~OFESSIONAL CORPOI~ATION
914 MONTICELLO ROAD
CHARLOT~._SVILLE. VIRGINIA 22~02
ATTACHMENT G
i-AX (434) 29~5220
INFO@ROUDABUSH.COm
DOUGLAS r. BRUCE. L.S.
WILLIAM S. ROUDABUSH L.S
April 15, 2002
Mr Stephen Waller
Planner
Department of Planning and Community Development
County of Albemarle
401 McIntire Road
Charlottesville, Virginia
22902
Re;
Maple Grove Christian Church, Preliminary Site Plan
SDP 2002-036
Request for Waiver of Section 4. 2. 3.2 of the Zoning Ordinance
Developing on Critical Slopes
Dear Stephen,
I am wrking to request a modification of Section 4.2.3.2 of the Albemarle Countv
Zoning Ordinance; thereby, allowing us to dig and develop in some areas (as shown on
the accompanying ske plan) that currently have slopes in excess of 25%. I would like to
address some of your concerns as they are outlined in Section 4.2 of the Ordinance.
Soil Erosion:
Our site plan indicates that we will only be disturbing relatively small areas with
slopes of 25% or greater that were created when the current church was buik. These
slopes will be very carefully protected during construction and thoroughly covered with
the appropriate ground cover upon completion. The applicant, Maple Grove Christian
Church has already retained the services of a professional landscape contractor so that
they can be assured that they will end up with a landscape project that is not only
properly designed but also properly inStalled and maintained.
Sedimentation:
DeVelopmem of these slopes should not result in an increase in silt and
sedimentation. Some of these existing critical slopes will be replaced with more gentle
slopes or retaining walls. Any critical slopes that remain will be carefully planted with
the appropriate types of groundcovers, so that in reality the post development vegetation
on these slopes will in all likely hood be superior to what is there today.
Excessive Stormwater Run-offl'
Excessive run-off should not be a factor in this development since we will be
providing detention and water quality control measures for all of our site improvements.
Protection of Existing Streams and Public Drinking }Fater:
The existing rrain church building is currently hooked to County water and sewer.
The existing building on the rear parcel (TMP 32-29G) while connected to County water
is currently using a septic field behind the structure. This building will be connected to
County sewer as well during phase 1 of this developmem. There are no streams or
reservoirs that are located immediately below any of the slopes that are to be disturbed;
therefore, with all of this in mind we do not see any potential threat to streams or public
drinking water.
Loss of Aesthetic Resource:
We think that it is fair to say that none of these areas of critical slopes constitute
an aesthetic resource. It is also fair to say that these areas will in fact be enhanced in
appearance with this development.
Encroachment Into Flood Plains:
The slopes that are to be disturbed (as shown on the site plan) are not located
within any floodplain.
.27
Rapid and/or Large Scale Movement of Soil and Rock:
We do not anticipate any large scale removal of rock. '
In closing, we do not believe that the strict application of the requirements of
Section 4.2.3.2 would forward the purposes of this ordinance or best serve the public's
interest. It is the desire of the Maple Grove Christian Church to provide a facility that
would not only physically enhance the neighborhood bux also provide a well planned
facility to serve both the immediate and extended community. We thank you for your '
consideration.
Sincerely,
Brent W. Nelson
ATTACHMENT H
Albemarle County Development Departments SDP-2002-036
SPIN Submission and Comment Maple GroveChristianChurch
Preliminary
Engineering preliminary site plan revision 2
reviewer received reviewe decision
Jeff Thomas 4/18/02 4/25/02 approved with conditions
Preliminary Site Plan
The preliminarysite plan submittal for Maple Grove Christian Church Expansion received on April 18,
2002 has been reviewed. The Engineering Department recommends approval of the preliminary site
plan with the following conditions.
1. Label the maximum height of the proposed retaining wall. [Policy]
2. The relocated driveway on the site will require a new access easement if it extends beyond the
boundaries of the existing access easement~ The new easement will need to be shown on the final site
plan and on an easement plat. [18-32.5.6i and I]
3. The phase 1 plan indicates a proposed manhole and connection to an existing storm sewer pipe
near the northern building addition. The existing storm sewer pipe drains to the east into an existing
stormwater management basin, which is to be removed. Connecting the roof drains to this pipe does
not seem feasible, as it will no longer function with the implementation of the proposed plan. [18-32.7.4]
4. It appears that the three proposed inlets near the SWM basin are. not needed in Phase 1 and should
instead be installed with the Phase 2 construction.
Critical Slope Waiver
The critical slope waiver request received on April 18, 2002 has been reviewed. BaseQ on the
preliminary site plan received April .18, 2002, the site has a total area of 7.00 acres: This includes an
approximate critical slope area of 0.08 acre, which is about 1.1% of the site. Approximately all of the
critical slope area on the subject property will be disturbed during the proposed construction in this
area, which consists of a pad for a building addition and a gravel walking path. As stated in Section 18-
4.2 of the Zoning Ordinance, the following concerns must be addressed before any critical slope waiver
is granted.
1. "movement of soil and rock"
Proper slope construction, control of drainage, and vegetative stabilization will prevent any movement
of soil. ~
2. "excessive stormwater runofF'
A detention basin/biofilter is proposed for this site to address, stormwater quantity and quality, An
erosion and sediment control plan and a stormwater management plan that meet the requirements of
the Water Protection Ordinance must be submitted with the final plans for approval.
3 "siltation"
Inspection and bonding by the County will ensure siltation control during construction that meets state
erosion control standards. Proposed stabilization and maintenance will ensure long term stability.
4. "loss of aesthetic resource"
The affected sic pes are man-made and will be landscaped after construction is complete.
5. "septic effluent"
5/17/02 12:00 PM Page 1 of 2
ATTACHMENT H
Albemarle County Development Departments SDP-2002-036
SPIN Submission and Comment Maple Grove Christian Church
Preliminary
Engineering preliminary site plan revision 2
reviewer received reviewe decision
Jeff Thomas 4/18/02 4/25/02 approved with con ditions
This is not a con cern, as this site will be served by public water and sewer.
Based on the above review, the Engineering Department recommends approval of the critical slope
waiver.
One-Way Circulation
The request for a one-way circulation waiver received or~ April 18, 2002 has been reviewed. We feel
the preliminary site plan received on April 18, 2002 indicates the proper pavement markings and
signage for safe one-way movement un der the porte-cochere. The Engineering Department therefore
recommends approval of the one-way circulation waiver. '
Final Site Plan Items
The following items must be submitted with the final site plan for review by the Engineering Department.
A. An erosion control plan, narrative and computations. [18-32.7.4.3, 17-203]
B. A completed application and fee for erosion control and stormwater management. [17-203, 17-303]
C. A stormwater managementJBMP plan and computations. Computations must include water quality,
an d detention routings for the 2yr and 10yr storms. [17-304]
D. A completed stormwater management facilities maintenance agreement and fee. [17-323]
E. Drainage computations. [18-32.7.4, Policy]
F. Retaining wall plans and computations certified by a professional engineer for walls over 5 feet in
height. [Policy]
VDOT approval will also be required for final site plans that affect right-of-way.
5/17/02 12:00 PM
Page 2 of 2
ATTACHMENT A
SITE DATA
MAPLE GROVE
CHRISTIAN CHURCH
PRELIMINARY
SITE PLAN
ALBEMARLE COUNTY ENGINEERING
GENERAL CONSTRUCTION NOTESFOR SITE PLANS
· oermit snal! be oDteinafl from the Virginia Oepsrtment of
anal! conform to current specifications end standards Of v,D.O,T.
in order tO staoillze a arainage channel.
Manual for Uniform Traffic Control Devices.
TAX HAP38. PARCEL 290
TAX MAP38. PARCEL GSG
RIVANNAMAGISTERIAL DISTRICT
TAX MAP"42, PARCEL Ggo
O,B. i40S. PAGE 7B9
TAX MAp 3S PARCEL GGG
D, B, 78t, 'PAGE 800
MAPLE GROVE CHRISTIAN CHURCH
C/O R,L, LEAKE
RTE. 2. BOX 79
RUCKERSVILLE VIRGINIA BGSB8
DEVELOPE~
DAME AB OWNER
PLAN PREPARER
ROU[BABUGH, GALE AND ASSOC.. INC.
CONTACT PERSON: BRENT NELSON
TAX MAR 32 PARCEL 290: ZONING
TAX MAP 38; PARCEL 2GG ZONING:
NAIVERS: 40NE
VARIANCES: NONE
PROFFERS~ PARCEL PBS, ~ART OF SP 89 - 5B
OVERLAY DISTRICT: NONE
SPECIAL USE PERMIT; PARCEL
SP 84-40
SP 89-52
CONDITION 2: APPROVAL IS FOR ~ORSHIP SERVICES
AND RELATED ACTIVITIES AS DESCRISEO IN THE STAFF
REPORT FOR SP 84-40. OAY CARE. PRIVATE SCHOOL OR
OTHER SUCH aCTIVITiES SHALL REBUIRE AMENDMENT
OF THIS SPECIAL USE PERMIT.
EXISTING BETBACKB
(FOR TOP 29G)
BUZLOING PARKING
FRONT 2S' 0 '
SIDE 15' 0
REAR :30 0
PROPOSED COMMERCIAL SETBACKS
(FOR IMP 29G AND 29D COMBINED)
BUILDING PARKING
FROM PUBLIC R/N 30' t0'
FROM RA OR 50' gO' (IS' ADJACENT TO
RESIDENTIAL DISTRICTS SIDE OF FOP 3G-35)
PO' SUFFER FROM RA OR RESIDENTIAL DISTRICTS. ADDITIONAL
PLANTINGS WILL ~E RESUIRED WITHIN THE BUFFER TO FORTIFY
THE SCREENING PROVIDED BY EXISTING VEGETATION.
DATUM
U.S.G.S.
80URCE OF TOPO AND BOUNDARY SURVEY
ROUDASUSH, SALE AND ASSOCIATES. INC.. FIELD SURVEY
GENERAL ~ATER AND SEHER CONDITIONS "-
Oy ~ne AiDemarle County Service Au:hority on January 15, 1998.
"Miss Uttltiy" (t-600-558-700~),
SITE BENCHI~
TOP OF IRON LOCATED APPROXIMATELY 3 FEET FRGH THE CORNER IRON
ADJACENT TO STATE ROUTE 649, SM ELEVATION 53~.52.
LAND U~E SCHEDULE
EXISTING
BUILOING t8. 517 BF. 6% 46. 973 SF tS~
PAVED 66. Gt5 SF. B2~ tBg, 450 SF, 43~
OPEN GGO, GtO,BS SF, 78~
TOTAL 304. g42,BB SF, 100~ 304. gJG.B§ SF, JO0~
PARIQNG ~CHEDULE
PARKINGREOUIRED
EX~ST~NG CHURCH SANCTUARY (BUILDING t)
425 BEATS ~ I PARKING SPACE PER 3 BEATS = I42 SPACES REQUIRED
EXISTING YOUTH CENTER (BUILDING
972 SF (ASSEMBLY SPACE) @ ! SPACE PER 75 SF - t3 SPACES REQUIRED
PROPOSED GYM AND PERFORMING ARTS SPADE (BUILDING
7,78i SF (ASSEMBLY SPACE) @ I SPACE PER 75 SF - i04 SPACES REQUIRED
TOTAL mARKINg REQUIRED - ~Sg SPACES
PARKING PROVIDED
PHASE 1
168 SPACES PROVIDED
PHASE ~
98 SPACES PROVIDED
TOTAL PARKING PROVIDED IPHASES
~B6 SPACES
PROJECT DF.,~(~PilON:
MAPLE GROVE CHRISTIAN CHURCH HAS EXPERIENCED CONSIDERABLE
GROWTH IN ATTENDANCE SINCE THEIR FACILITY WAS COHPLETEO IN
19B$. AS A RESULT, A NEED HAS SURFACED TO BOTH ACCGMODATE THE
CURRENT ATTENDANCE NHILS AT THE SANE TINE PROVIDE AN ENLARGED
FACILTIY THAT NOULD CONTINUE TO MEET THEIR GROHZNG NEEDS,
THIS SITE DEVELOPMENT PLAN REFLECTS BOTH SUILDING AND PARKING
EXPANSION. ADDITIONS TO THE EXISTING CHURCH BUILDING ARE SHOWN
THAT MOULD PROVIDE NORE SANCTUARY. FELLOWSHIP. CLASSROOM,
AND OFFICE SPACE, TWO NEW SUILDINGS ARE PROPOSED BEHIND THE
EXISTING CHURCH. THEY HDULD PROVIDE ADDITIONAL OFFICE AND
CLASSROOM SPACE AS HELL AS A RECREATION - STAGE FACILITY,
THE EXISTING BUILDING AT THE REAR OF THE SITE IS TO BE
ADAPTED AB A YOUTH CENTER, PHASINS IS =LANNED FOR THIS
PROJECT, PHASE B IS EXPECTED TO CONNENCE ~OHETINE IN THE
SPRING OF THE YEAR ~003. A SPECIAL USE PERMIT IS UNDER REVIEW
AND REQUIRED FOR THIS EXPANSION. THE COMBINING OF BOTH
PARCELS WILL ALSO GE NECESSARY.
PLAN ~.At.E ~D DIMENOIOI~:
~ DO NOT SCALE THESE DRAHINOS. USE THE DIMENSIONS AS
SHONN INSTEAD OF SCALING THE DRANING. BRING ANY
DISCREPANCIES TO THE ATTENTION OF THE SITE ENGINEER.
*IT ~S THE CONTRACTOR'S RESPONSIBILITY TO F~ELE
VERIFY ALL DIHENSIDNS.
~ IT IG THE CONTRACTOR'S REGPONGIGLITY TO FIELD VERIFY THE EXACT
LDCATIONOP ALL EXISTING UTILITIES.
~ THE SXISTING CHURCH AND PARSONAGE ARE CURRENTLY HOOKED
TO COUNTY WATER AND SEWER. EXISTING ~UILDINS B (AT THE REAR)
IS CURRENTLY ON COUNTY WATER BUT USES A SEPTIC FIELD
BEHIND THE BUILDING. THIS BUILDING MILL BE HOOKED TO
COUNTY SEWER AB PART OF PHASE
* BOTH PROPOSED BUILDINGS ! G B (PHASE G) WILL SE CONNECTED TO
COUNTY WATER AND SEWER.
~ ALL EXISTING ANO PROPOSED EXTERIOR HVAC EGUIPHENT IS
TO BE SCREENED WITH OPAGUE FENCING FENCING IS TO
EXTEND ABOVE THE TOP DF THE UNIT AG A MEANS OF REDUCING~
gOTH THE VISIBILITY AND SOUND EMITTED BY THESE UNITS
PAVING
~ PARKING LOT
. 5" - ~2~A AGGREGATE BASE MATER[AL
~ S~DE~ALKS. BASKETBALL/ VOLLEYBALL COURTS
· 4" CONCRETE
~ DUHP~TER PAO
~ 5' PLA[N'~PORTL~ND CENEN~ CONCRETE
~ 3" - ~A AGGREGAT~ ~AS~ MATE~AL
~ WALKING PATHS
w ~8 PEA GRAVEL - COMPACTED
· THE LO~T~ON AND DESIGN OF ANY PROPOSEO SIGNS MILL BE SUBMITTED
~ ALL TREE~ THAT ARE TQ ~E SAVED ARE TO BE FLAGGED PRIOR TQ ANY
GRAOING OR CONSTRUCTION.
U~
· THE SP[LLOVER OF LIGHTING FROM OUTDOOR LUHINARIES ONTO PUBLIC
ROADS AND PROPERTY ~N REd'DENT[AL OR RURAL AREA ZONING DZ~TR~CTS
SHALL NOT EXCEED ONE-HALF (~/2) FOOT CANDLE
~ EACH OUTDOOR LUMINAIRE EQUIPPED ~ITH ~ LAMP THAT EMITS 3. 000 OR
MORE MAXIMUM LUMENS SHALL BE A FULL CUTOFF LUHINAIRE AN~ SHALL
BE ARRANGED OR SH[ELOED ~0 REFLECT LIGHT AWAY FROH ADdOIN[NG
RESIDENTIAL DISTRICT~ AND AWAY FROM ADJACENT ROADS.
~H
~ TRASH ~ILL BE STORED IN OUHPSTERS LOCATED IN ENCLOSURES AS SHOWN ON
SHEET 3,
~ PARCELS 290 AND 29G AS SHO~N ON TAX HkP ~2 ANO PART OF THIS DEVELOPMENT
PLAN LIE N[~H~N ZONE C ENTITLED 'AREAS OF H[NINAL FLOODING"
FLOOE INSURANCE RATE HAP COMMUNITY PANEL NUHBER 5J0006 0125 B EFFECTIVE
DATE DECEMBER iS.
WA~ ~U~ ~
~ THIS SITE L~ES ~ITHIN A:
~ DEVELOPMENT AREA
R~OIR WA~H~
~ THIS SITE DOES ~OT LIE WITHIN A RESERVOIR WATERSHED
EM~8
· 7 EMPLOYEES ~ 4 FULL
· 3 PART T[ME
~RE ~O~ON
~ BOTH OF PROPOSED BUILDINGS ] ~ ~ (PHASE 2) WILL BE SPRINKLED
PR~E~ P~ING
~ TH~S PROJECT IS TO BE GUILT ~N 2 PHASES:
- PHASE ] TO BEGIN IN AUGUST OF 2002.
~ PHASE ~- TO BEGIN IN THE SPRING OF 2003.
//
,
/ /---4
/
/
/
\
VICINllY MAP
FOREST LAXES NORTH
/
SCALE: 1'
SHEET 1Z4 .... COVER SHEET
SHEET 214 .... EXISTING CONDITIONS/ DEMOLITION PLAh
SHEET 37~ .... PHASE ! GPLAN VIEW
SHEET 4/4 PHASES t ~- PLAN VIEH
DEPT. OF PLANNING
& COMf~JNITY GEV
DEPT, DF ENGINEERING
DEPT. OF ZONING
~IRGINIA DEPT (~ HISHWAYS
VIRGINIA DEPT, OF NEALTH
SERVICE AUTHORITY
~I~,~E COUNTY~ILDING OFFICIAL
RI.J[ NUMGEi~
1619
ATTACHMENT A
.?
4 m~,EE
.I
1619
7' ;;. / ,.,.. ,,
LOT 22
~ 18,
MAY. 7,
COUNTY CMI'S
FIIl= NUMB~
t819
ATTACHMENT A
Ii
COUNTY
F1LE NUMBER
1616
SHEEr
4/4
David P. Bowerman
Rio
Lindsay G. Dorrier, Jr.
Scottsville
Charles S. Hartin
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(4341 296-5843 FAX (434) 296-5800
Walter F. Perkins
White Hall
Dennis S. Rooker
Jack Jouett
Sally H. Thomas
Samuel Miller
June 25,2002
Ms. Jeanne Cox, Clerk
City Council
P.O. Box 911
Charlottesville, VA 22902
Dear Ms. Cox:
At its June 19, 2002 meeting, the Board of Supervisors adopted a resolution
approving the concept and process for redevelopment of the Charlottesville/Albemarle
Juvenile and Domestic Relations Court. I have enclosed a copy of the signed
resolution.
Please call me if you have any questions. Thank you.
Sincerely,
Laurel A. Bentley
Senior Deputy Clerk
Attachment
Cc: RoxanneWhite
Printed on recycled paper
RESOLUTION APPROVING THE CONCEPT AND PROCESS
FOR REDEVELOPMENT OF THE
CHARLOTTESViLLE/ALBEMARLE JUVENILE AND DOMESTIC RELATIONS COURT
To insure that the Charlottesville/Albemarle Juvenile and Domestic Relations Court redevelopment project
proceeds in a timely manner, the Albemarle County Board of Supervisors hereby resolves as follows:
The firms of Moseley Architects and Wallace, Roberts and Todd (WRT) will be responsible for the
following phases of the projec'c
Bo
1) WRT:
2) Moseley:
design development and schematic design
construction documents and construction administration.
Total architectural fees will remain at $650,000; project estimates, including soft costs, will remain at
-$9.638 million.
Project schedule will remain at 130 weeks.
The City Manager and the County Executive, with the advice of City Council and the Board of
Supewisors, will appoint an advisory committee (much like the originat negotiating committee) to work
with the architectural teams on the final design. Whereas the Board of Supervisors believes that
significant community involvement has been provided by input from the prior committee and the
completed public participation process, the Board will support this new advisory committee provided that
its participation will be completed within and without delaying the defined project schedule.
Final design will be submitted to the Board of Architectural Review as legally required with the
understanding that City Council will not delay a final approval of the project so that its completion within
the project schedule is assured.
The footprint for the J&DR Court renovation/expansion shall remain substantially as proposed; the
programmatic elements will remain as proposed. The project wilt include a two-tier parking deck and the
location of the building/structures in relation to the old ja~l will remain as proposed. The intent of the
design is to preserve and enhance the original historic fa[:ade.
The final design will insure that the first phase of the project does not hinder or compromise the future
development of a jail preservation project, nor prevent the creation Of a pedestrian area/plaza adjacent to
the old jail and Juvenile and Domestic Relations Court.
H. The project shall meet the parking requirements outlined by the negotiating committee.
I. Proceeding pursuant to this Resolution is contingent upon City Council's concurrence with the provisions
herein.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a Resolution duly
adopted by the Board of SupervisorS of Albemarle County by vote 6 to 0 on June 19, 2002.
Aye NaY
Mr. BoWerman x
Mr. Dorrier . x.j
Mr. Martin x ....
Mr. Perkins x
Mr. Rooker x
Ms. Thomas -_X. ~
Cl~-~,'~rd of County SUpervi~,~rs
RESOLUTION APPROVING THE CONCEPT AND PROCESS FOR
REDEVELOPMENT OF THE
CHARLOTTESVILLE/ALBEMARLE JUVENILE AND DOMESTIC RELATIONS
COURT
To insure that the Charlottesville/Albemarle Juvenile and Domestic Relations Court
r~, r~ ..... ~ the Albemarle County Board
redevelopment project proceeds in a timely manner, ,~,,j .......
of Supervisors hereby resolves as follows:
A. The firms of Moseley Architects and Wallace, Roberts and Todd (WRT) will be responsible
for the following phases of the project:
1) WRT:
2) Moseley:
design development and schematic design
construction documents and construction administration.
B. Total architectural fees will remain at $650,000; project estimates, including soft costs, will
remain at -$9.638 million~
C. Project schedule will remain at 130 weeks.
Do
The City Manager and the County Executive, with the advice of City Council and the Board
of Supervisors, will appoint an advisory committee (much like the original negotiating
committee) to work with the architectural teams on the final design. Whereas the Board of
Supervisors believes that significant community involvement has been provided by input
from the prior committee and the completed public participation process, the Board will
Support this new advisory_ committee provided that its participation will be completed within
and without delaying the defined project schedule.
Final design will be submitted to the Board of Architectural Review as legally required .with.
the understanding that City Council will not unreasonably delay a final approval of the
project to assure its completion within the project schedule.
The footprint for the J&DR Court renovation/expansion shall remain substantially as
proposed; the programmatic elements will remain as proposed. The project will include a
two-tier parking deck and the location of the building/structures in relation to the old jail will
remain as proposed. The intent of the design is to preserve and enhance the original historic
facade.
G. The final design will insure that the first phase of the project does not hinder or compromise
the future development of a jail preservation project, nor prevent the creation of a pedestrian
area/plaza adjacent to the old jail and Juvenile and Domestic Relations Court.
H. The project shall meet the parking requirements outlined by the negotiating committee.
I. This ~ Resolution is ~,,~':~' * ......... ~ e_^.~ ^ ~. .... ~.~ r,..,.~., accepted by City
Council.
Motion to Approve Tolling Agreement
! MOVE THAT THE BOARD AUTHORIZE THE COUNTY EXECUTIVE OR
APPROPRIATE LEGAL COUNSEL TO EXECUTE AN AGREEMENT TOLLING
THE STATUTES OF LIMITATIONS APPLICABLE TO THE CLAIMS CURRENTLY
BEING PURSUED BY MICHAEL AND GERTRUDE WEBER FOR A PERIOD OF
UP TO ONE YEAR, CONDITIONED UPON THE WEBERS' AGREEMENT NOT TO
FILE OR PURSUE LITIGATION AGAINST THE COUNTY DURING THAT PERIOD
UNLESS AND UNTIL THE RIVANNA SOLID WASTE AUTHORITY'S
ASSESSMENT FOR CORRECTIVE MEAsUREs HAS BEEN APPROVED BY THE
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY.
RECEIVED AT BOS ...UEETiNG
Date:.
Agenda Item #:
Clerk's Initials;