HomeMy WebLinkAboutZTA200400003 Legacy Document 2012-04-10 (8)STAFF PERSON: Rebecca Ragsdale
40 PLANNING COMMISSION: April 12, 2005
BOARD OF SUPERVISORS: June 8, 2005
ZTA 2004 -03 and ZMA 2004 -05 Monticello Historic District
Applicant's Proposal: The applicant, Thomas Jefferson Foundation, Inc., has requested a
Zoning Text Amendment and Zoning Map Amendment to establish a planned district called the
Monticello Historic District (MHD). The site is currently zoned Rural Areas and is designated for
Rural Area land use in the Comprehensive Plan. The proposed district would include
approximately 868 acres. (Attachment A) Monticello and the activities associated with its
operation as a historic house museum and educational center are not in compliance with the
zoning ordinance and are non - conforming uses. The proposed MHD would bring these existing
uses into compliance with the zoning ordinance and allow for improved facilities. The Foundation
is not proposing to introduce new activities but would continue the land uses that have been
taking place, including education programs, research, and visitor facilities. A new visitor's center,
service center, administrative campus, and restoration to the Monticello mountain top are
planned with this application. The Foundation believes that the visitor experience will be
enhanced as a result of these changes. The Foundation does not anticipate visitor growth, as a
result of these changes, beyond what would normally be expected to occur.
The Foundation intends to remove 20'' Century additions surrounding the Monticello mansion,
including the gift shop, offices, and restrooms which are currently located in a historic building
known as Weaver's Cottage, as well as remove offices from the basement and upper floors of
Monticello. The Foundation plans to relocate these uses to less obtrusive locations at lower
elevations and as far from the historic house and structures as possible. The Administrative
Campus would be located on a site on the south side of Route 53 adjacent to Kenwood. A new
visitors center and parking area would replace the existing facilities. A building and grounds
service area is planned in areas where existing facilities are located, further down the mountain
from the visitor's center area, near Route 53.
A binder containing details of the application background and ZTA and ZMA requests was
provided to you in April 2004. With the resubmittal of this application on February 28, 2005,
another bound notebook (Attachment B) of information was provided to you reflecting any
changes from the original application. (Please remember to bring these materials to the meeting
on April 12, 2005)
Petitions: ZTA 2004 -03 - Monticello Historic District (MHD) - This zoning text amendment
would establish a new zoning district in Albemarle County pertaining to land uses and
structures associated with Monticello by amending Section 4.15.8, Regulations applicable in
the RA, VR, R -1 and R -2 Zoning Districts; amending Section 7, Establishment of Districts;
amending Section 8.1, Intent; amending Section 8.2, Relation of Planned Development
Regulations to Other Zoning Regulations; amending Section 8.3, Planned Development
Defined; amending Section 8.4, Where Permitted: and adding Section 11, Monticello
Historic District, MHD; of Chapter 18, Zoning, of the Albemarle County Code. The
amendment to Section 4.15.8 would add the MHD as a district subject to that section. The
amendment to Section 7 would add the MHD as a district subject to that section and re-
order the list of zoning districts. The amendment to Section 8.1 would add the MHD as a
district subject to that section and revise the purposes of planned development districts.
The amendment to Section 8.2 would clarify when a waiver or modification of a requirement
of Sections 4, 5 or 32 of the Zoning Ordinance could be obtained, and revise the findings
required for granting a waiver or modification. The amendment to Section 8.3 would revise
the definition of "planned development district" to exempt planned historic districts such as
the MHD from certain definitional criteria. The amendment to Section 8.4 would allow
planned historic districts such as the MHD that contain and pertain to a historic site to exist
in the Rural Areas of the County as designated in the Comprehensive Plan. The addition of
Section 11 and its subparts would establish the MHD as a zoning district, state its intent and
purpose, identify its status as a planned development district, and establish permitted uses
and associated regulations applicable within the zoning district. The proposed MHD zoning
district would allow uses specifically related to the operation of Monticello as a historic
house museum and historic site, including visitor facilities; educational, research, and
administrative facilities; temporary events; sales of products; cemeteries; concerts; and
agricultural, residential uses, and other delineated uses similar to those permitted in the
Rural Areas zoning district. The proposed district regulations also would require that
development be preceded by an application plan approved by the County, and otherwise be
subject to Sections 4, 5, 8 and 32 of the Zoning Ordinance_ The density for new residential
development authorized in the MHD would be one dwelling unit per twenty -one acres.
ZMA 200+4 -05 - Monticello Historic District (MHD) - Request to rezone approximately 868
acres from the Rural Areas (RA) to the Monticello Historic District (MHD) (reference ZTA
2004 -03), to allow uses specifically related to the operation of Monticello as a historic house
museum and historic site, including visitor facilities; educational, research, and
administrative facilities; temporary events; sales of products; cemeteries; concerts; and
agricultural, residential uses, and other delineated uses similar to those permitted in the
Rural Areas zoning district. The properties proposed for rezoning are within the Scottsville
Magisterial District in the vicinity of Monticello, south of Interstate 64 and east of Route 53,
and are identified more particularly as follows: Tax Map 78, Parcels 22 (Monticello), 23, 25,
28A, 28B, 29; and Tax Map 79, Parcel 7A. The Comprehensive Plan designates these
lands as Rural Area 4, and the general usage for Rural Area 4 is as follows: land uses
supportive of the character of the rural area, including agricultural and forestal uses, land
preservation, conservation, and resource protection. No residential density range is
specified for Rural Areas 4. The density for new residential development authorized in the
MHD district would be one dwelling unit per twenty -one acres. A copy of the map showing
the lands to be rezoned by this amendment is on file in the office of the Clerk of the Board of
Supervisors and in the Department of Community Development, County Office Building, 401
McIntire Road, Charlottesville, Virginia.
Character of the Area: The majority of the area surrounding the proposed Monticello Historic
District is rural in character, with larger parcels intact and substantial open space surrounding the
project areas. Most parcels adjoining the district are also owned by the Foundation and are under
conservation easement. Natural features include substantial wooded portions surrounding the
Monticeilo mansion and the Rivanna River bisects the MHD between Shadwell and the
Monticello Home Farm tract. There is a residence (Pippen) adjoining the visitor center area to the
east. Adjacent to the proposed Administrative Campus is the Robert H. Smith International
Center for Jefferson Studies and the Jefferson Library, both located at Kenwood. The Shadwell
portion of the MHD is under two easements and adjoins Route 250 (Richmond Road); there are
commercial and industrial uses adjacent to that property. Other historic uses are located in the
vicinity of the Monticello Historic District, including Michie Tavern and Ash Lawn.
Planning and Zonis Histo : Construction of Monticello began in 1769 and the Thomas
Jefferson Foundation acquired the property in 1923. Since that time, the Foundation has
operated the property as a museum. As part of the 1980 comprehensive downzoning of the
County, Monticello was zoned Rural Areas (RA). No land use was established within the RA
Zoning District during that rezoning that accommodated the Foundation's activities, which
resulted in Monticello's non - conforming use status. After a facilities pianning process in 1999,
40 which identified a four- campus vision for Monticello, the Foundation began working with the
County on a zoning amendment to bring Monticello into compliance and to allow for new facilities.
Applications ZTA 2000 -02, ZTA 2000 -8, and ZMA 2001 -10 were the first applications attempting
to address Monticello's non - conforming uses. At the time of those applications, new facilities
were planned for the glue Ridge Hospital site on Route 53 and Route 20- (This site is no longer a
viable option for the Foundation's facilities.) A work session was held with the Planning
Commission in August 2001 where comments were provided to the Foundation. After the work
session, the Foundation decided to revisit the application and its facilities needs to provide a
more detailed application. This resulted in the submittal of the ZMA and ZTA applications
currently under review and withdrawal of all previous applications. The applications currently
requested for approval were originally submitted in Apd] 2004. The Planning Commission held a
work session on these applications June 8, 2004 and a public hearing was scheduled for July 27,
2004. The applicant's requested that their ZMA and ZTA requests be deferred prior to that
meeting and the public hearing was not held. Since that time, the applicants and their team of
professionals have been working to refine the applications, which were resubmitted February 28,
2005. These refinements include improved building and site design with respect to terrain at the
Visitor Center complex. The revised application also reflects that a significant portion of the
proposed MHD is now under easement with the Virginia Outdoors Foundation.
ZTA 200403: One of the key components of the proposed ZTA is that Monticello and its
associated activities are unique and necessitate different provisions from other existing zoning
districts in the County's ordinance to meet their land use needs. Given this factor, and taking into
account comments made by the Planning Commission during review of the previous application
submittals regarding specificity of planned activities, a planned zoning district has been drafted in
accordance with Section 8 of the Zoning Ordinance. The MHD provisions of the district address
both Monticello's historic and rural aspects and appropriate uses of the RA Zoning District have
been incorporated in the MHD. The revised version of the ZTA is attached for your review.
(Attachment Q.
Since the proposed Monticello Historic District and plans are submitted as a planned
development district, as allowed in Section 8 of the Zoning Ordinance, an application plan is
required. This application plan specifies what site improvements will take place with this rezoning,
including general location and limits on building square footage. Any significant deviation from the
application plan would require approval of an amended rezoning application.
ZMA 200445: No major changes in building square footage or general location are proposed
with the resubmittal of this ZMA from its original version. The applicant is proposing major
improvements to three main project areas, within the MHD. These include the Monticello
Mountaintop, the Visitor's Center and Service area, and the Administrative Campus adjacent to
Kenwood. The fourth project area includes the Shadwell Quarter Farm, where minor
improvements are planned as the property is under easement with the Virginia Department of
Historic Resources and now also the Virginia Outdoors Foundation.
Mountain Top {AP 2 of 4l: Main improvements to this project area include removal of staff offices
and service structures which are located along the second roundabout, allowing for restoration of
the roundabout and possibly future historic interpretation. The Foundation hopes to restore the
house and grounds on the mountain top to their Jefferson -era appearance to the greatest extent
possible without modem intrusions. There will be a need for restrooms, utilities, and some service
parking, which would be moved to more appropriate locations during the restoration project. It is
not expected that all improvements proposed with this ZMA plan will be completed
simultaneously, but will be phased according to the Foundation. With the recent resubmittal, the
Mountaintop plan has been revised to clarify that the staff offices and service structures located
along the second roudabout will have to remain until the new Building and Grounds Service Area
can be completed. 0
Visitor's Center/Buildinq Grounds and Service Area AP 3 of 4): The visitor's center project area
currently consists of a shuttle shelter, an open air garden shop, a luncheonette, a slave cemetery,
and approximately 400 parking spaces. The service area is located further down the mountain,
closer to Route 53, and consists of a fueling station, a warehouse, and two existing houses used
for office space. The square footage of proposed buildings is the roughly the same as the
previous version of this ZMA, approximately 19,500 total for Building and Grounds service center
complex and 48,750 total for Visitors Center complex. The applicant is proposing to construct an
improved visitor center that will consist of five interconnected buildings to include a museum
shop, cafe, exhibits, and classrooms. These will be proposed in the same location as the existing
shuttle station. The architects have now chosen several smaller buildings to better fit the
topography the site and will result in less tree clearing_ An outdoor classroom pavilion is now
proposed in the wooded area adjacent to the Visitor Center to the north. The parking lot will not
be regarded as was previously proposed. This will leave the existing parking lot and trees intact.
The landscape link from the new visitor's center to the slave burial grounds to create a linear park
will be provided. The revised building and parking plan will result in far less tree clearing and
grading than was previously proposed. This plan was revised following engineering comments to
include an additional note regarding stormwater management. (Attachment D)
In the Building Grounds and Service area, the applicant is proposing to construct office and work
shop spaces, a greenhouse, equipment bays, and to provide for staff parking. This area has also
been slightly redesigned based on better topographic information. The applicant is proposing a
total building area of 20,000 square feet for buildings constructed in this area. Although not highly
visible from Route 53, the service area is located within the Entrance Corridor Overlay District
and will be reviewed by the Architectural Review Board prior to any building construction.
Administrative Campus: (AP 4 of 4 There were no changes to the Administrative Campus plan
with the resubmittal of this application. The 5.5 acre site is located to the west of Kenwood and
currently consists of a dwelling and several outbuildings. It is not used by the Foundation at this
time for any uses related to Monticello. The Foundation is proposing a 27,121 square foot
building, or mass of several buildings, for office space, meeting rooms, archeological labs,
storage, and support space with a total of 86 parking spaces. It is envisioned that the new
building(s) will have a connection to Kenwood. VDOT has recommended that access to this site
be through shared entrance with Kenwood, instead of creating another entrance onto Route 53.
The applicant has indicated they have studied this option as to its feasibility and have provided a
note on the application plan (AP-4) that indicates the entrance will be shared. This project area is
also located within the Entrance Corridor Overlay district and will require further review by the
Architectural Review Board.
Shadwell: The 277 acre Shadwell Quarter Farm is the birthplace of Thomas Jefferson and
includes several modern structures including a barn and shed. The Foundation has limited
historic interpretation plans for Shadwell as permitted by the Department of Historic Resources
and VOF easements (found in the Appendix of Attachment 6). The application plan specifies that
improvements at the site will be limited to interpretative trails, a maximum of 3,000 square feet of
building area for a visitor shelter, 1,000 square feet for restrooms, and any road /entrance
improvements needed. A proffer (Attachment E) pertaining to the County's greenway has been
submitted for the Shadwell property to further Comprehensive Plan goals for the greenway and
trails system. A greenway easement will be dedicated on portions of the Shadwell property that
are contiguous to the Rivanna River on the north side and are part of the 100 -year flood plain.
4
By -right Use of the Property: If developed under the current RA (Rural Areas) zoning, the
property could be developed with agricultural uses, forestal uses, or residential development at
allowed densities, subject to easement restrictions. The current Monticello operations are non-
conforming and any further expansions or new facilities are not permitted under the Zoning
Ordinance regulations.
COMPREHENSIVE PLAN:
Rural Area: The Guiding Principles of the Rural Area Plan are not compromised with this
proposed application but have been incorporated into this proposal as it helps to further
preserve unique natural, scenic, and cultural resources not found elsewhere in the County,
and unique to Virginia and the World. In addition, the proposed MHD zoning district will
have reduced development potential with the VOF easement affecting a large portion of the
MHD district. The land placed under easement totals 1, 060 acres and includes
approximately 418 acres of the "Home Farm" adjacent to the Monticello mountain, the 560
acre Tufton property southeast of Monticello, and approximately 80 acres along the Rivanna
River.
Historic Preservation Plan: The goals of protecting historic resources, recognizing their value,
pursuit of additional protection measures and incentives to preserve Albemarle's historic and
archeological resources are all being achieved through this proposed rezoning. It is suggested in
the Comprehensive Plan that an important strategy to further the historic preservation goals of
the County is to adopt a historic district overlay ordinance that would recognize and protect
historic and archeological resources, including individual sites and districts, on the local level.
The County's Historic Preservation Planner has commended Monticello on their application and
has indicated that the MHD may serve as a model for future historic zoning in the County.
(Attachment F)
Open Space Plan and Mountain Protection Plan: Monticello is an identified mountain resource in
the Mountain Protection Plan. This rezoning does not cause substantial new disturbance of the
mountain and actually removes obtrusive modern day structures from the ridge/mountain top
area. No negative impacts to scenic resources are anticipated with this proposed rezoning,
including the Rivanna River, which is designated as a Virginia State Scenic River from Woolen
Mills to the Fluvanna County line.
Greenways and Trails Plan: Through this project, the goal of a countywide network of greenway
trails is furthered with the dedication of an easement along the Rivanna River on the Shadwell
property. The Rivanna River from the Ivy Creek Natural area to Fluvanna County is specifically
identified as a location for river and stream trials in the Rural Area. This will provide a trail along
one of the only two State Scenic Rivers in the County.
Relationship between the application and the purpose and intent of the re guested zonin
district
The Foundation is requesting to rezone to a zoning district specifically crafted to accommodate
the needs of Monticello as a unique historic resource but also recognizes its location with in the
Rural Area of the County. The application is entirely consistent with the purpose and intent of the
proposed zoning text amendment.
•
Public need and justification for the change
This application will provide the chance to improve the visitor's experience to Monticello and
provide for improved historic preservation efforts through removal of modem structures from the
mountain top and administrative office located inside the mansion. As the applicant indicates, it
may also extend the length of time visitors of Monticello remain in Albemarle County and would
therefore increase the tourism dollars into the local economy. Monticello is not only a tourist
destination, but an educational and historic resource to the local community.
Anticipated impact on public facilities and services
Transportation: The applicant has prepared a Traffic Impact Analysis (TIA) that has been
reviewed by the Virginia Department of Transportation (VDOT) for impacts to Route 53
(Thomas Jefferson Parkway). While the TIA did not indicate a significant increase in vehicle
trips associated with the rezoning request, as there will not be an increase in visitation or
employees, VDOT has identified the following safety concerns with Route 53:
Monticello Properry - The existing exit needs to be upgraded to improve the sight di,stunce for
the large bus trcfc• leaving the .site;
Proposed Administrative Qfce Entrance - Recommend connecting to roudtiwrn, into the
l Inwood properti, and utilize their existing entrance. The existing entrance can he closed to
minimize occe.ss points, and maintain the natural corridor Route 53 presents.
Entrance needs to be designed in accordanc-e with the Commercial Entrance Standards.
The applicant has been responsive to these concerns from VDOT and has placed a note on
the application plan to indicate that the entrance to the Administrative Campus will be
combined with Kenwood and during the site plan process it will be designed and approved by
VDOT. The applicant has provided a proffer (Attachment E) indicating that the exit from the
Monticello Visitor's Center onto Route 53 will be upgraded to allow for improved vehicle
turning onto Route 53 from Monticello's exit.
Water and Sewer: The Monticello mountain complex (AP 2 of 4 and 3 of 4) is the only
portion of the proposed project area located within the Albemarle County Service Authority
(ACSA) .jurisdictional Area and is designated for water service only. The ACSA indicates
current water service to the property, including the Monticello mansion and Visitors Center.
The Administrative Campus would be supplied water by an on -site well. The water facility
analysis provided by the applicant indicates that both sites should have adequate capacity to
serve the proposed uses, inducting under fire flow scenarios.
No portions of the project area are located within the ACSA Jurisdictional Area for sewer
service. The applicant has proposed to serve the Administrative Campus and Visitor's Center
with an advanced wastewater treatment plant combined with drip irrigation disposal. The drip
irrigation system is preferred as it can be installed to follow contours and can be place at
more shallow depths (6-12"). Any proposed central systems will require approval by the
Board of Supervisors. The Planning Commission must also review the request to ensure that
it is in conformance with the Comprehensive Plan, as required by the Code of Virginia §15.2-
2232. The issue of central systems will be addressed separately, after further study and staff
review of detailed system design specifications have been submitted.
Schools: There are no anticipated impacts to the County's school systems as this project will
not include residential components or result in additional school children. 0
Stormwater Management - -The applicant has provided a stormwater analysis as part of
their application which demonstrates that County requirements regarding both stormwater
quantity and quality can be met. The system that will be used will combine traditional
stormwater management techniques with a low impact development approach. This
approach will include the use of bio- retention in the form of rain gardens. Engineering staff
has reviewed the applicant's analysis and provided favorable comments. (Attachment G)
Fiscal impact on public facilities --It is not expected that this rezoning request will result in
any negative fiscal impacts to public facilities. Monticello provides positive impacts to the
local economy, through the employment it provides and the travel expenditures associated
with visitors to the museum. In December 2001, The Weldon Cooper Center for Public
Service released a study, Monticeflo's Economic Impact on the Charlottesville Albemarle
Area, which quantified the local economic impact of Monticello. Major findings of this report
indicated that Monticello generates state and local tax revenues through the activities
associated with the Foundation; nearly half of Monticello's visitors choose to stay overnight in
the area; and even though Monticello itself employs around 300 people, its overall impact to
employment is greater and is equivalent to around 900 people.
Anticipated impact on natural cultural and historic resources
Monticello is listed on the Virginia Landmarks (State) and National Register of Historic Places and
is designated as a National Historic Landmark, the highest national recognition category for
historic resources. Most notably, Monticello is on the United Nations Education, Scientific and
Cultural Organization (UNESCO) World Heritage List. Impacts to Monticello are expected to be
positive. This application will allow the relocation of modern intrusions from the mountaintop to
more appropriate sites. The applicant will be able to heighten restoration efforts through this
rezoning application and eventual completion of the application plans. The applicant has
indicated that impacts on natural resources will be minimized to the greatest extent possible. The
Visitor's Center and Service Center will be constructed in areas where tree clearing has already
occurred. The majority of the project will remain in open space and over 95% of the project area
will not be disturbed, which is 831 of the 868 acres included with this application.
Proffers: As part of this rezoning request the Foundation has provided a proffer statement
(Attachment E) to address review comments that could not be provided for on the Application
Plan. The terms of the Greenway easement are included in the proffer, as well as provisions for
the improvement of the existing Monticello exit onto Route 53. These proffers are in a final form
and have been reviewed by the County Attorney and approved by the applicant, however they
have not been signed by the owners /applicant.
To address comments made by the historic preservation planner, a documentation plan has
been provided to ensure that the demolition, removal, or relocation of permanent structures will
be recorded. A note referring to these documentation procedures has been provided on the
Application Plan (AP 1 of 4).
Waiver Requests:
The applicant has identified several waivers to Zoning Ordinance requirements that will be
necessary to fully implement the application plan submitted with this ZMA. Applicant justification
and need for these waivers has been provided in the new submittal notebook (Attachment B)
along with exhibits in section C of the notebook. Planning Commission approval of the waivers for
Section 4.2.3.2 and Section 21.7.3 is needed.
Section 4.2.3.2 — Criticai Slopes: Section 4.2.3.2 of the Zoning Ordinance restricts earth -
disturbing activity on slopes of 25 percent or greater. Section 4.2.5.2 allows the Planning
Commission to waive this restriction upon finding that a strict application of this provision would
not forward the purposes of the Zoning Ordinance. This waiver is needed primarily in the new
parking areas to serve the Building and Grounds Service Area (Exhibit "Non- conforming Slopes"
in Attachment B). Engineering staff has commented (Attachment G) on this waiver and
recommends approval with a condition:
Additional erosion control measures will be required with newly constructed slopes, to include
matting, wire- reinforced silt fence, sediment traps, and other measures as may be necessary, at
the discretion of the county engineer.
Section 21.7.3:- Minimum Yard Requirements for Commercial Districts: Section 21.7.3 specifies
that within the buffer zone adjacent to rural and residential districts, no construction activity
including grading or clearing of vegetation shall occur closer that 20 feet to any residential or rural
areas district. The Planning Commission may waive this requirement if it has been demonstrated
that grading and clearing is necessary or would result in improved site design, provided that
minimum screening requirements are met and the existing landscaping in excess of minimum
requirements is substantially restored. This buffer is needed for grading in the setback on the side
property lines at the Administrative campus property, which is somewhat narrow and adjoins
Foundation owned property on one side and a use similar to that proposed for it with Kenwood to
the east. The "Grading in Setback" exhibit included in the waivers package has been revised to
show that this waiver is needed on both side property lines. (Attachment H) Planning and
engineering staff are in support of this waiver.
Section 4.12.15.c - slopes for parking areas and Section 4.12.17.a -- grades for
drivewa sltravelwa slope
The Zoning Administrator is authorized by the Zoning Ordinance to grant these waivers which are
not necessary for existing site conditions. The applicant has requested approval for these waivers
with this ZMA application but Zoning staff has indicated that it would be more appropriate to
review and approve any requests for this at the site plan stage.
Section 4.12.15.8 —to eliminate curb and gutter requirements
The county engineer may waive or modify this requirement if deemed necessary to
accommodate stormwater management/BMP facility design or existing uses located in the
Rural Areas (RA) zoning district. The Comprehensive Plan suggests avoiding these more
urban requirements for Rural Area sites. This request has been reviewed by engineering
staff and approval is recommended.
SUMMARY: Staff has identified the following factors, which are favorable to this rezoning
request:
1. This proposal will result in improved facilities for visitors of Monticello and also the
Foundation's employees.
2. The Monticello exit onto Route 53 will be improved, providing a safer roadway for all
users.
3. No new entrances on to Route 53 will be created with the development of the
Administrative campus, which will share access with Kenwood.
4. Monticello has positive fiscal impacts and this proposal will not result in any burden on
public facilities.
RECOMMENDATION: Staff has reviewed the
40 conformity with the Comprehensive Plan and th e
approval of ZTA 2044 -03 and ZMA 2004 -05, along
Section 21.7.3 as requested by the applicant
(Attachment G).
•
•
ATTACHMENTS:
A. Location Map
proposal and associated proffers for
Zoning Ordinance and recommends
with the waivers of Section 4.2.3.2 and
and including engineering conditions
B. Notebook titled: Monticello Zoning Map Amendment and Zoning Text Amendment
Applications, February 28, 2004 (This was provided to you by the applicant. If you do
not have a copy please let me know so that one can be provided to you. Please
remember to bring this notebook to the meeting.)
C. Zoning Text Amendment, April 1, 2005
D. Revised Application Plan, AP 3 Of 4, Visitor Center Area
E. Proffer Statement
F. Historic Preservation Planner Comments
G. Engineering Comments, dated March 14, 2005
H. Revised Grading in Setback exhibit March 28, 2005
1. Proposed Visitor Center Building Elevation and Section with Key
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AI- -I- ACHNIENT C
Draft: 04/01/05
ORDINANCE NO. 05 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS,
AND ARTICLE III, DISTRICT REGULATIONS, 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
18, Zoning, Article II, Basic Regulations, and Article I1I, District Regulations, of the Code of the
County of Albemarle is amended as follows:
By Amending:
Sec. 4.15.8 Regulations applicable in the RA, VR, R -1 and R -2 zoning districts
Sec. 7 Establishment of districts
Sec. 8.1 Intent
Sec. 8.2 Relation of planned development regulations to other zoning regulations
Sec. 8.3 Planned development defined
Sec. 8.4 Where pennitted
By Adding:
Sec. 11.1
Sec. 11.2
Sec. 11.3
Sec. 11.3.1
Sec. 11.3.2
Sec. 11.4
Intent and purpose, where permitted
Status as a planned development district
Permitted uses
By right
By special use permit
Regulation of development
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15.8 Regulations applicable in the l RA, Vf , R -1 and R -2 zoning districts
The following regulations pertaining to the number of signs permitted per lot or
establishment, the sign area, sign height, and setback requirements shall apply to each sign for
which a sign permit is required within the Monticello Historic_District_Qji D�, Rural Areas (RA),
Village Residential (VR) and Residential (R -1 and R -2) zoning districts:
Sign Type
Number of Signs
Sign Area
Sign Height
Sign Setback
Allowed
(Maximum)
(Maximum)
(Minimum)
Directory
1 or more per establishment,
24 square feet, aggregated
b feet
10 feet
as authorized by zoning administrator
1 per street frontage, or 2 per entrance, per lo!
24 square Feet. aggregated;
with 100 or more Feet of continuous street
if more than I sign, no
10 feet
10 feet
Freestanding
frontage, plus l per lot if the lot is greater than
single sign shall exceed 12
4 acres and has more than I 22proved entrance
square feet
Draft: 04/01/05
(12- 10 -80; 7 -8 -92, § 4.15.12.1; Ord. 01- 18(3), 5 -9 -01)
State law reference — Va. Cade § 15.2 -2280.
Article III. District Regulations
See. 7 Establishment of districts
For the purposes of this chapter, the unincorporated areas of Albemarle County are hereby divided
into the following districts:
Commercial District - C -1
Commercial Office - CO
Entrance Corridor - EC (Added I0 -3 -90)
Heavy Industry - HI
Highway Commercial - HC
Light industry - LI
Monticello Historic Di c -
eigh- Urhood Model - NMD
Overlay Districts:
Airport Impact Area - AIA
Flood Hazard - FE
Natural Resource Extraction - NR
Scenic Streams - SS (Amended 9 -9 -92)
Planned Development - Industrial Park - PD -IP
Planned Development -Mixed Commercial - PD -MC
Planned Development- Shopping Centers - PD -SC
Planned Residential Development - PRD
Planned Unit Development - PUD
Residential - R -1
Residential - R -2
Residential - R -4
Residential - R -6
Residential - R -10
Residential - R -15
Rural Areas - RA
I
•
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t2
on its frontage
Subdivision
2 per entrance per subdivision
24 square feet, aggregated,
6 feet
5 feet
per entrance
10 feet, if freestanding
Temporary
I per street
24 square feet
sign; 20 feet, if wail
10 feet
frontage per establishment
sign, but riot to exceed
the tap of the fascia or
mansard
40 square feet, aggregated
wail
As calculated pursuant to section 4. L5.20
in the RA zoning district;
20 feet
Same as that
20 square feet, aggregated,
applicable to
in other zonin g distri cts
structure
(12- 10 -80; 7 -8 -92, § 4.15.12.1; Ord. 01- 18(3), 5 -9 -01)
State law reference — Va. Cade § 15.2 -2280.
Article III. District Regulations
See. 7 Establishment of districts
For the purposes of this chapter, the unincorporated areas of Albemarle County are hereby divided
into the following districts:
Commercial District - C -1
Commercial Office - CO
Entrance Corridor - EC (Added I0 -3 -90)
Heavy Industry - HI
Highway Commercial - HC
Light industry - LI
Monticello Historic Di c -
eigh- Urhood Model - NMD
Overlay Districts:
Airport Impact Area - AIA
Flood Hazard - FE
Natural Resource Extraction - NR
Scenic Streams - SS (Amended 9 -9 -92)
Planned Development - Industrial Park - PD -IP
Planned Development -Mixed Commercial - PD -MC
Planned Development- Shopping Centers - PD -SC
Planned Residential Development - PRD
Planned Unit Development - PUD
Residential - R -1
Residential - R -2
Residential - R -4
Residential - R -6
Residential - R -10
Residential - R -15
Rural Areas - RA
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Draft: 04/01/05
40 Village Residential — VR
(§ 7.0, 12- 10 -80; § 7, Ord. 03- 18(2), 3- 19 -03)
See. 8.1 Intent
The planned development districts are the Monticello Historic District (MHD), Planned
Residential Development (PRD), Planned Unit Development (PUD), Neighborhood Model (NMD),
Planned Development — Mixed Commercial (PDMC), Planned Development — Shopping Centers
(PDSC), and Planned Development — Industrial Park (PD-EP) zoning districts. Each of these
districts is distinct in purpose; however, all are intended to provide for variety and flexibility in
design necessary to implement the various goals and objectives set forth in the comprehensive plan.
Through a planned development approach, the regulations in section 8 are intended to accomplish
the goals and objectives of the comprehensive plan to a greater extent than the regulations of
conventional districts. In addition, these regulations are intended to promote: economical and
efficient land use through unified development; improved levels of amenities; appropriate and
harmonious physical development; creative design; and a better environment than generally realized
through conventional district regulations. In view of the substantial public advantages of planned
development, these regulations are intended to encourage the planned development approach in
areas appropriate in terms of location and character.
Planned development districts shall be developed: to provide for the comfort and
convenience of residents rr vrM; to facilitate the protection of the character of surrounding
Lands neighborhoods and the adiacent rural areas; and to lessen traffic impacts through a
reasonably short travel time between origins and destinations of persons living, working, or visiting
in such developments. Housing, commercial and service facilities, and places of employment shall
be related either by physical proximity or by adequate street networks so as to promote these
objectives.
(12- 10 -80; Ord. 03-18(2),3-19-03)
Sec. 8.2 Relation of planned development regulations to other zoning regulations
The regulations in section 8 shall apply to the establishment and regulation of all planned
development districts.
r-egulafion in seetions 4, 5 or- 32 of this ehapte� an An applicant may request that any requirement of
sections 4, S and 32, or the planned development district regulations be waived or modified if it is
found to be inconsistent with planned development design principles and that the waiver or
modification is consistent with the intent and purposes of the planned development district under
the particular circumstances. If the applicant reaucsts such a waiver or modification as part of the
application plan. Tthe applicant shall submit its request in writing as part of the application, and
shall demonstrate that the waiver or modification would not adversely affect the public health,
safety or general welfare and, in the case of a requested modification, that the public purposes of the
41 original regulation would be satisfied to at least an equivalent degree by the modification.
Notwithstanding any regulation in sections 4, 5, or 32 establishing a procedure for considering a
waiver or modification, any request for such a waiver or modification
C",
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Draft: 04/01/05
shall be reviewed and considered as part of the application plan. in in
this section prohibits an owner within a planned development from requesting a waiver or
modification of any requirement of sections 4, 5 and 32 at any time. under the procedures and
requirements established therefibr—In addition Lo e making the findings LeAuired for the
of a waiver or modification-in sections_1_5, and 31 such a waiv_er_Qr mortification may be granted
only if -consistent with, a intent and puMoses -of the-pl=ed develQpment
dis dct under the narticuW— circumstances —and. satisfies all other anolicable reauirements of section
A
(12- 10 -80; Ord, 03- 18(2), 3- 19 -03)
See. 8.3 Planned development defined
A planned development is a development that meets all of the following criteria: (1) the land
is under unified control and will be planned and developed as a whole; (2) the development is in
general accord with one or more approved application plans; and (3) in ail planned development
districts other than a planned historic district, the development will provide, operate and maintain
common areas, facilities and improvements for some or all occupants of the development where
these features are appropriate.
(12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
Sec. 8.4 Where permitted
A planned development district may be established in any development area identified in the a
comprehensive plan, _ and in an r 1 ayea identified in th omprehensive plan if the _district is a
Tanned his oric t containing a hit a and thr, amoses. of the district include the
restoration, pre:_mation, conservation and enh ment of the-historic site provided that its
location is suitable for the character of the proposed uses and strrictures.
(12- 10 -80; Ord. 03- 18(2), 3- 19 -03)
�.I. :. i. 1. . 1
1 Intept and e where
The intent and purpose of the Monticello Historic District lhere_inafter referred to as
"M D" is to ere ite a pl armed historic i t:
- To permit restmfimmeservation. conservation, edUolion, programs, rese ch and
business activities related to the operation of a historic house museum and historic site at
MonticelIo.
mote thp, proservation and enhan m t of a u i ue istorical sit
To preservr, sigaificant tra is Qf a t al and f kestal an
4
Draft: 04/01/05
- To be a district that is unique to those parcels which both belonged to Thomas Jefferson and
contain uses related to the operation _of the h- stozii site, in r cognition of
the importance of Thomas Jeffcrson to the history of Albemarle ount
- the importance of Monticello to the reputation, education, and econ y f
Albemarle County:
Monticello as a unique element architectural legac f
Albemarle County, the nation, and the world, as recognized by its inclusion. Qn
World Heritage List administered by the United Nations Educational, Scientific, and
Cultural Or gan i zati4n .
Restoration or re- creation of Jefferson-era structures or landscape fe
alures, an their
subsequent inteEpretive us?,,. tall bg regulated only sar to protectpublic healffi
anAmkt.L.
See, 11.2 Status as a planned nt distri
The MHD is lanai d d o ment distfiQt w' in f section a ter
and shall not be construed to be an agricultural zoning district or a district in which a cugr_ ultural
horticultural are domin t
See. 11.3 Permitted uses
The foHowi hall a ermitt th MHD u ect to the regulations in this section
and section 8 of this chanter, the approved nlication elan. and any acce ted proffers.
The fallowing uses shall be nennitt,d by right in the MHD:
Uses relating to the operation of Monticello as a historic h-ousg museum and historic
site as follows:
a. Interoretative_ educational and research uses 5u-cb gs tours: interpretive
signs, walking pat-_hs, displays and exhibital classes, works
programs and demonstrations; field schools and histoz- related dad
camps: an archaeological laboratori .
b. Administrative and support activities including visitor ticketing and shuttle
bus operations, maintenance operations, gquipmcnt storage, vehicle
maintenance and refueling. security and general administration, and
related support spaccs spa and offices.
c Visitor amenities including: narking lots, travelways; public restroom-s;
food and drink prel2aration and vending, picnic • walkin
pedestrian bridges
d
6
Draft: 44/01/05
d. his llay and sale of products related to Thomas Jefferson and the history of
Monticello 40
e. Other uses not expressly delineated in subsection 1(a) through
authorized by the zoning administrator after consultation with the director of
planning and other appropriate provided e s a l e
consistent with the express purpose and intent of the MHD, similaLto the
uses delineated in this ection in gharacter, i i e
operational ra enstics._visual impact, and traffic en ration.
Temporary events related to or supportive of the historic. educational or civic
sigUi mince of_Monticello, such as. but not limited to the Naturalization
Ceromony on the Fourth of July, Thomas Jefferson's Birthday celebration.
...
summer Meakers series. pr tial inaugural events, and commern_orative events
similar_lQ the Lewis and Clark bicentennial.
—Display and sale of gifts, souvenirs, crafts. food. and horticultural and agricultural
Products, including outdoor storage and display of horticultural and agricultural
products, including wayside stands for disllay and sale of agricultural
products PrDduced an the p=mi ses (reference
4. Establislunent and changes to structures shown nthe approved application plan:
a. Modification improvement, ion or demolition of "modern structure "
cx i stin g on the effe iy -this section 1
b. Moddificalion, improvement. re- creation. or restoration (including expansion]
Qf "historic_ or_interpretive structures
E to lis n f "n w :VrjmaU struct=s or features" identified as such on
the approved application plan.
5. Cemetgries.
f. _ IDetachW single- family dwellings, including guest cottages and rental of the
same.
7. Side-by-side du lexe 5; pmvided that density is maintained and provided that
buildings are Iocated so that each unit could he_provided with a lot meeting all
ath_ r requirements foT detached single - family dwellings excex2t for side yards at
tthQ common wall. Other two - family dwellings shall be permitted pnovidgd
density is, maintained.
S. Agriculture, forestry, and fishery uses except as otherwise expressly Provided.
9. Came preserves wildlife sanctuaries and fishery uses.
.3....._. ._. - 40
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Draft: 04/41/05
10. Electric. gas, oil and communication facilities_ excluding tower s- tires and
including poles lines transformers, pipes, meters and related LaQilities for
di tributi n of local and owned and q "eed by a public utili
distribution and sewerage collection lip ions and a es
owned and operated by the Albe a Authority. E c
otherwise expressly provided, central wader supplies and central sewerage aystmss
in conformance with Chapter 16 of the Code of Albemarle and all other applicable
laws.
11. Accessory uses and structures including home occupation. Class _A_[refemn-ce 5.2)
and -storage i
12. Temporary constmclion u es ref re e
13. P-ubjic uses and bgildings including a rar or mobile facilities such as, schools,
offices, narks, playgrounds and roads funded, owned or operalgd by local, state or
federal agencies (reference 31.2.5): public water ands_ ewer transmission., main or
trunk lines t eatm ' 'tes pumping stations and the wn d and /or o rated
by the Rivanna Water and Sewer Authority (reference 31.2.
14. Temporary sawmiII (reference 5.1.15 and suWect to performance -scan
5. Agricultural service occupatiy (subiect to performance standards in
16. Divisions of land -M accordance with section 10.3.
17. Tourist lodging (reference 5.1.17).
18, Mobile homes individual. a ' f
)dng undcr the following re uircments re a ce
a. A pronertv owner residing
on the
premises in a permanent
home wi_ahr, �
place a mobile home on such
property
in order to
maintain a full -time
gricultural employee.
Due to the destruction of a permanent home an g nary exists. A
permit can be issued in this event not to exceed twelve (12) months--- The
zc�a administrator shall be_ authorized to issue a i acc rdan e
with the intent of this rdinance and shall be authorized to require or seek
any information which he may determine necessary in m
detennina ion of cases "a" and "b" of the aforementionediws.
19. Farm winem(ndexence l- .25 .
40 20. Borrow area, borrow nit, not exceeding an aggregate volume of fifty thousand
(50,000) cubic yards incl ding all borrow pits and borrow areas on any
of record on the adoption date of this provision (reference 5.I.M.
(I
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Draft: 04/01/45
2.1, Commercial stable (reference
Stounwater management facilities shown on
subdivision plat.
23. Tier I and Tier 1 w' service facilities freferen t 1.4
See, 11.3.2 By special use permit
The following us special use i2ermit
I . Farm sales (reference Section 5.1.351
2. Private helistop (reference Section 5.1.011.
3. ercial fruit or agricultural produce p&ding plants .
n erts_(such as performances by the Charlottesville Svm hop stra and the
Charlottesville Municinl Ban theater, an _ _ door drama events open to the
general u li rmitted b ri ht under section 11.3.1 2 .
b. Home occupations Class B.
7. Boat landings and canoe livery.
See. 11.4 Regulation of development
In order to protect the county's historic resources and the rural character of surrounding
laps all u5zuand structures shall . t an r ve i i lap and ec i
and 32 of this dWI.Qr, including regulations as ma waived or modified pursuant to section
8.2. In_additian:
a. 1]ensi . Density shalt not exc ed one dwelling unit iper twenty -one (2 1) acres an
the minimum l shall be twenty-on-f,--(2-1) acres.
b, _Structure beizht. The maximum structure lei st established _in 1bg standards for
velopment required by section 8.5.1(d)(11 L 4 f this chapter hall not exceed forty -f ve (45) feet.
C. T e mi ds established the stamnAuds for development re$uired by
section 8.5.1 _)f11) of this chapter shall not be less -than the minim= yards Dravided in section
21.7 acept therwise rovi he application plan.
LJ
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Draft: 44/01/05
1, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to
, as recorded below, at a regular meeting held on
Mr. Bowerman
Mr. Boyd
Mr. Dorrier
Mr. Rooker
Ms. Thomas
Mr. Wyant
is
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A Nay
Clerk, Board of County Supervisors
9
l °I
ticrl•1 =:
- :1'.ss or disturbed slopes & buffers. anti
:he visiwr center parking lot, shall be rig -
,i.q fated to achicve tree cue er that. at ma-
tumV. -cowls or cxcceds that tvhich exists
pricer to cUristsul:riust.
_ � 1
The concept Siami eater 41uraLteruni and
BkM measurtrs may Change significantly. �.
Kith final plans. FIra1'�?p❑?1 .4 are io provide �
equal car btiter stortn�l8 rtreatment and
anen uario n. and and nESL"�ogce its .1f a 5117- �
ject to approval by the county cilginr%rc _-
J
ATTACHMENT D
I . y 0 ! SITE LEGEND
4 --
v Turn R CEM'ER ARE�i
y A - VISITOR & HISTORY CENTER 48,750 SF
Q- OUT DOOR CL,LS5RCt01lPAVILION
S?+e y E- SHUT-iLEBU'S PICK•t Pdcl7itOP -OFF
W G - SERVICE H.15•
T ' H •ACCMBLE PARKING
I•TOURI MOL BUS PARKING[UPTQ ?51 7
i� j 1- VEN[CULAR PAR KING (UPTO4W)
L 1
rL K - LANDSCAPE iJN K TO BURIAL GROUND
L- EXLSTING BL; RIALGROUNDS
BUILDINGS & GROUNDS SERVICE AREA
M - OFFICES &W'ORKSHOPS IUPPER FLOOR) 3.500 SF
R 5 N - EQUIPMEME RV ICE BAYS ILOWER FLOOR) 3,8W SF
0- GEN ERA LSTORAGEBU'ILDING 2,400SF
LI P -SOILS STORAGE & MIXING AREA
V 4- FUELING STATION
x R -GREENHOUSE 3,400 SF
S - GREEN HOUSE SUPPORT 750SF
W T - GROUNDS OFFICES 2,700SF
U - FLAT BEDS
Y -STAFF PARKING {UPTO50)
W •SERVICE BAYS [?l 2.000 SF
X •GARDEN STORAGE 71% SF
j Reemmri. Iilrl�[r. fi .l ,rill Ayers Skiw Gram, im-
Afr ch,ie i Ve s - ,.rm J t n ii r grner, Ar,rritc u Planners
a xiC
ZMA 04 -05 APPLICATION PLAN r. arijs:,IpfAr:lr::t:, aeL1 '- ;._
Ma�zircel�n '20
*I
1 01
A I I ACHMENT E
s -za-ut
Draft
THOMAS JEFFERSON FouNDATION, INC.
MONTICELLO HISTORIC DISTRICT
ZMA 04 -05
PROFFER STATEMENT
The following parcels are subject to rezoning application ZMA 04 -05 and thus to
this proffer statement: tax map parcels 78 -22, 78 -23, 78 -25, 78 -28A, 78 -28B, 78 -29, and
79 -7A (the "Property"). The Applicant and Owner of the Property is the Thomas
Jefferson Foundation, Inc.
The Owner hereby voluntarily proffers that if the Albemarle County Board of
Supervisors acts to rezone the Property to Monticello Historic District as requested, the
Owner shall develop the Property in accord with the following proffers pursuant to
Section 15.2 -2298 of the Code of Virginia, 1950, as amended, and pursuant to Section
33.3 of the Albemarle County Zoning Ordinance. These conditions are voluntarily
proffered as part of the requested rezoning, and the Owner acknowledges that (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a
reasonable relation to the rezoning requested. If rezoning application ZMA 04 -05 is
denied these proffers shall immediately be null and void and of no further force and
effect.
This Proffer Statement shall relate to the application plan shown on sheets AP -1 through
AP -4, each dated February 28, 2005, of the plans entitled "Monticello, Thomas Jefferson
Foundation, Inc., Albemarle County, Virginia, Zoning Map Amendment Application
Plan, ZMA 04 -05, February 28, 2005," which sheets are attached hereto as Exhibit A (the
"Application Plan") and also to the terms of Section 8.5.5.3 of the Albemarle County
Zoning Ordinance as in effect on the date of this Proffer Statement, a copy of which
Section 8.5.5.3 is attached hereto as Exhibit B.
The Owner will convey easements on certain portions of the Property and on
tax map parcel 78 -31A for incorporation of such easement areas into the
Rivanna River Greenway Trail Park, on the terms and conditions contained
herein:
a. The Foundation shall convey easements to the County encumbering
the portions of tax map parcels 78 -28B and 79 -7A (collectively, the "ShadwelI
Quarter Farm ") and 78 -31 A (the "Lego Quarter Farm ") that are contiguous to
the Rivanna River and consist of the real property defined in the Federal
Emergency Management Agency national flood insurance maps as land
within the 100 -year flood plain on the north side of the Rivanna River
(individually, the "Shadwell Easement Area," and the "Lego Easement Area,"
and collectively, the "Easement Areas ") for the extension of the County's
Greenway Trail Parts within the Easement Areas.
12,i
b. The easement on the Shadwell Quarter Farm shall be conveyed after
an easement or land dedication is conveyed to the County for the County's
Greenway Trail Park by the owners of tax map parcel 78 -33D for the
extension of the greenway trail through that parcel, upon the request of the
County and as soon thereafter as the Foundation can reasonably cause an
easement plat to be prepared, prepare the deed of easement in a form
reasonably agreeable to the Foundation and the County, and complete any
other administrative matters associated with such easement.
c. The easement on the Lego Quarter Farm will be conveyed within six
months after request by the County, or as soon thereafter as the Foundation
can reasonably cause an easement plat to be prepared, prepare the deed of
easement in a form reasonably agreeable to the Foundation and the County,
and complete any other administrative matters associated with such easement,
d. The easements would be subject to the terms of existing encumbrances
and easements of record, including, but not limited to, the Deed of Easement
conveyed to the Virginia Department of Historic Resources ( "DHR ") of
record in the Clerk's Office of the Albemarle County Circuit Court in Deed
Book 1970, page 412, and the Deed of Easement conveyed to the Virginia
Outdoors Foundation ( "VOF ") of record in the aforesaid Clerk's Office in
Deed Book 2894, page 76, each as applicable.
e. The easement on the Shadwell Quarter Farm shall be previously
approved in writing by DHR and/or VOF, as applicable, with regard to any
portion of the Shadwell Easement Area which is subject to the Deed of
Easement from the Foundation to DHR or the Deed of Easement from the
Foundation to VOF.
f The Foundation may expressly reserve the following: (i) a right of
access for ingress and egress to and from the Easement Areas from other
parcels the Foundation owns for the benefit of the Foundation; (ii) an
easement for drainage from any of the Foundation's stormwater control
facilities through the Easement Areas; (iii) for riparian rights in the Rivanna
River for the benefit of the Foundation; (iv) the right to physically restrict
access by the public to other portions of the Shadwell Quarter Farm and the
Lego Quarter Farm, or any other parcels the Foundation owns, as may be
necessary or appropriate in the Foundation's discretion to protect any
historical artifacts or features on such parcels; and (v) for crossings of the
greenway trail and use of the Easement Areas outside of the greenway trail for
other purposes reasonably stipulated by the Foundation, including but not
limited to interpretation of historically significant areas that may be present
within the Easement Areas.
g. The Foundation may expressly reserve in the Shadwell Quarter Faun
deed of easement a right of access for the benefit of the County through the
2
F
7 " "'
Shadwell Quarter Farm in an area reasonably agreeable to the Foundation, for
access to and from the Shadwell Easement Area for greenway trail
maintenance and for emergency purposes, provided that no activities
inconsistent with the Deed of Easement from the Foundation to DHR shall be
carried out within the Shadwell Easement Area.
h. The Foundation shall not be responsible for the construction,
operation, maintenance, expense or policing of the Easement Areas as
portions of the County's Greenway Trail Park.
i_ Upon the approval of ZTA 2004 -03 and ZMA 2004 -05, employees,
agents and independent contractors of the County shall have reasonable access
to the Easement Areas for purposes of planning the greenway trail, provided
that no earth shall be disturbed, nor any vegetation cleared within the
Easement Areas without the prior consent of the Foundation, and provided
further that no activities inconsistent with the Deed of Easement from the
Foundation to DHR shall be carried out within the Shadwell Easement Area.
j. The County shall notify the Foundation at least six (6) months prior to
disturbing any land within the Easement Areas. Upon such notice, the
Foundation will either cause a Phase I archeological study to be conducted at
its expense within the Easement Area proposed for disturbance if the
Foundation deems such a study necessary, or it will authorize the County to
move forward with such plamied land disturbance.
k. The trail surface shaII be not more than 10 feet wide within a clear
zone (12 feet wide and S feet high), shall be unpaved and shall utilize only
natural materials. The trail will be a "Class B" trail pursuant to County
standards.
1. The precise location of the trail within the Easement Areas will be
mutually agreed upon by the Foundation and the County,
m. Any construction, grading or other disturbance by the County within
the Shadwell Easement Area must be approved in advance in writing by DHR
with regard to any portion of the Shadwell Easement Area which is subject to
the Deed of Easement from the Foundation to DHR.
n. The Foundation will be responsible for the administrative costs of
drafting the deeds of casement, the easement plats, any surveys of the
Easement Areas, and recordation costs.
o. If the County has not commenced construction of the greenway trail
within the Lego Quarter Farm within 20 years of the Foundation's conveyance
of the easement thereon, and completed such trail within 22 years of the
conveyance, upon request by the Foundation, the County shall release all of its
C
interest in the easement, at no expense to the Foundation, unless the
Foundation and the County shall agree to another permissible use by the
County for the Easement Area.
p. If the County has not commenced construction of the greenway trail
within the Shadwell Quarter Farm within 20 years of the Foundation's
conveyance of the easement thereon, and completed such trail within 22 years
of such conveyance, upon request by the Foundation, the County shall release
all of its interest in the easement, at no expense to the Foundation, unless the
Foundation and the County shall agree to another permissible use by the
County for the Easement Area.
q. If the County terminates the Greenway trail program, upon request by
the Foundation, the County shall release all of its interest in the easements, at
no expense to the Foundation, unless the Foundation and the County shall
agree to another permissible use by the County for the Easement Areas.
r. When negotiating the deeds of easement pursuant to this paragraph 1
of this proffer statement, the County and the Owner may mutually agree to
modify the terms and conditions hereof.
2. Prior to the approval of a final site plan for the proposed Monticello Visitors
Center as shown on the Application Plan, the Owner shall make improvements
to the existing Monticello exit onto Route 53 as necessary to provide for the
turning movement of a "BUS -45" vehicle onto Route 53 without crossing the
opposing lane of traffic, to the reasonable satisfaction of the Albemarle County
Engineer and the Virginia Department of Transportation.
WITNESS the following signature:
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF , to wit:
THOMAS JEFFERSON FOUNDATION, INC.
0
4
Daniel P. Jordan, President
•
.-4
The foregoing instrument was acknowledged before me this ^ day of
, 2005 by Daniel P, Jordan, as President of the Thomas Jefferson
Foundation, Inc.
My Commission expires:
Notary Public
•
11
2�
e
Exhibit A
Application Flan
•
•
•
•
Exhibit B
Section 8.5.5.3 of the Zoning Ordinance in Effect on the date of this Proffer Statement
•
11REA1222243.5
•
I
T�
ATTACHMENT F
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902 -4596
(434) 296 - 5823 Ext.3336
Fax (434) 972 - 4012
MEMORANDUM
TO: Joan McDowell
FROM: Julie Mahon
DATE: March 18, 2004
RE: ZMA 2004 -00005 Monticello Historic District — Historic Resources Review
The above referenced submittal has been reviewed for possible impact to known historic architectural resources and
known or potential archaeological resources with the following results:
1. The Virginia Department of Historic Resources' Historic Resource Data Sharing System has identified the
following historic architectural and/or archaeological sites identified on parcels within the project area:
a. 002 -0050 (TMP 78 -22) Monticello c. 1768 dwelling, World Heritage List, National Historic
Landmark, National Register of Historic Places, Virginia Landmarks Register
b. 002 -1054 (TMP 78 -22) Monticello Gatekeeper's Lodge
c. 002 -0862 (TMP 78 -25) c. 1940 dwelling
d. 002- 1515 (TMP 78 -28A) Shadwell Lock and Danz c. 1800
e. 002 -0138 (TMP 79 -7A) Shadwell- archaeological site
2. The subject area is located within the boundary of the proposed Southern Albemarle Rural Histarlc District
(002 -5045) which includes notable properties such as Monticello, Ash Lawn - Highland, Tallwood, Hatton
Grange, Jefferson Mill, and many others, and meets all four criteria for significance (A - Patterns of History; B -
Significant Person; C - Architecture; and D - Archaeological Potential) under the Secretary of the Interior's
Standards for the Treatment of Historic Properties.
The proposed rezoning of Monticello embodies Albemarle County's commitment to preservation of its historic
resources through identification and recognition of valuable buildings, structures, landscapes, sites and districts
which have historical, architectural, archaeological or cultural significance. Furthermore, this proposal reflects the
Historic Preservation Plan's objective to pursue additional protective measures and incentives to preserve
Albemarle's historic and archaeological resources in order to foster pride in the County and maintain the County's
character. The proposed Monticello Historic District will allow Monticello to continue to thrive as a tourist
destination while enabling continued scholarly research reflective of Thomas Jefferson's own visions. Conversely,
we have no objection to the proposed use with the following recommendation:
l . Based upon information provided by the Thornas Jefferson Foundation, two existing dwellings (c. 1960 -70) will
be removed from the interpretive area located on TMP 78 -22/23 and reconstructed in a more suitable area. Other
assorted outbuildings ►Krill be removed from the interpretive area as well. Although these buildings and structures
are non - contributing to Monticello's Jeffersonian period of significance, they do reflect the evolution of
Monticello as a tourist destination and should be recorded prior to demolition.
0
ATTACHMENT G
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COUNTY OF ALBEMARLE
Department of Community Development, Current Development
Engineering Plan Review
Tot Rebecca Ragsdale
From: Glenn Brooks
Subject: Monticello, proposed zoning text amendment, and rezoning with various waivers
Date plan received: 3 Mar 2005
Date of comment: 14 Mar 2405
There are no engineering comments regarding the Zoning Text Amendment. Regarding the
Zoning Map Amendment, approval is recommended with the comments below on the waivers.
Critical Slopes waiver:
The grade islands in between existing parking areas are a negligible area of critical slopes.
These are part of the parking area and anticipated to be changed with parking area
improvements. There disturbance has no significant affects.
The slope proposed downhill of the new parking, offices and service areas may be more
problematic and will require special attention during construction, with fabric matting,
reinforced silt fence, and plantings. This area occurs at the edges of the site where slopes will
be constructed from the pavement. It comprises approximately 0.37 acres, in bands of up to
40' width. The disturbed area will be larger when sediment trapping facilities are placed
downhill for temporary erosion control. The addition of sediment trapping facilities may bring
the area of disturbance up to 0.5 acres.
The requirements of section 18-4.2 are adequately addressed in the application package.
Approval of the critical slopes waiver is recommended, with the following condition:
1. Additional erosion control measures will be required with newly constructed slopes, to
include matting, wire - reinforced silt fence, sediment traps, and other measures as may be
necessary, at the discretion of the county engineer.
Waiver to exceed required grades in parking areas and travelways:
The travelways without parking, proposed at the steepest point as a 12% grade to the offices
and service areas, are well below the 16% maximum grade of the private road standard, which
is used for comparison.
The grade in the employee parking area next to the office and service areas will be at a
maximum of 7% grade, measured from the contours shown on the concept grading. With this
condition for final plans, and considering the existing parking area grades of up to 10 %, the
waiver can be supported. (It is noted that the Zoning Ordinance standard prior to 2003
allowed a 7% grade in parking areas, derived from 5% and 2% grades in perpendicular
directions.)
It is also noted that the administrative campus site would need these waivers, as currently
shown.
This waiver is recommended for approval with the following condition:
2q
Monticello
Engineering Comment
Page 2 of 2
1. A maximum grade of l% is to be used for parking areas, and for travelways abutting
parking spaces. A maximum grade of 12% is to be used for travelways not abutting
parking spaces. Grades are to follow those generally shown on the concept plans.
Waiver of proposed buffer requirement:
It is noted that the applicant owns the property being buffered. The narrow plan may
necessitate off -site grading, which would not be a concern in this case.
Waiver for curbing required in parking areas:
Approval is recommended in keeping with the rural area nature and current development of
Monticello. This treatment would be similar to what is intended for existing rural area
churches.
Below are some comments regarding issues which will be reviewed with final plans, should the
ZMA be approved. (These were given in previous correspondence, and it does not appear that
stormwater concept plans have changed.)
There is some concern with a proposed rain harvesting reservoir that it be emptied between
significant rainfalls. This may depend on size and demand.
- It would be preferable to use the basinlbiofilter area shown on the concept grading plan for
detention, rather than an underground system, which is more difficult to maintain. In any
case, a vehicular road to the facility will be needed on final plans.
For the Administrative Campus, the bio- filters proposed alongside the parking area do not
appear to be situated effectively. The County has had problems with similar facilities placed
perpendicular to the grade. Difficulties getting drainage to such facilities is anticipated on
final plans. It would be preferable to have a central facility placed in the Swale common
with the library property, downstream of the proposed parking area.
One way to address these concerns with the ZMA would be to use a note or condition to
accompany the application plan, such as;
1. The concept Stormwater Management and BMP measures may change significantly with
final plans. Final plans are to provide equal or better stormwater treatment and
attenuation, and any new concepts are subject to approval by the county engineer.
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Albemarle County Planning Commission
April 12, 2005 Minutes For
ZMA- 2004 -03 and ZMA - 2004 -05 Monticello Historic District
The Albemarle County Planning Commission held a meeting and a public hearing on Tuesday, April 12,
2005 at 6:00 p.m., at the County Office Building, Room 241, Second Floor, 401 McIntire Road,
Charlottesville, Virginia. Members attending were William Rieley, Rodney Thomas, Marcia Joseph, Vice -
Chair, Pete Craddock; Calvin Morris and Bill Edgerton, Chairman. Jo Higgins and David J. Neuman,
FAIA, Architect for University of Virginia were absent.
Other officials present were Wayne Ciiimberg, Director of Planning & Community Development; Francis
MacCall, Senior Planner; Amelia McCulley, Division Director of Zoning and Current Development; Joan
McDowell, Principal Planner; Elaine Echols, Principal Planner; John Shepherd, Zoning Administration
Manager; Glenn Brooks, Senior Engineer; Rebecca Ragsdale, Senior Planner; and Greg Kamptner,
Assistant County Attorney.
Mr. Rieley recused himself from the next hearing because of his ongoing consulting work with Monticello.
The Planning Commission recessed at 9:03 p.m.
The Planning Commission meeting was called back to order at 9:20 p.m. by the Chairman.
ZTA._2004 -03 Monticello Historic District [MH[]): This zoning text amendment would establish a new
zoning district in Albemarle County pertaining to land uses and structures associated with Monticello by
amending Section 4.15.8, Regulations applicable in the RA, VR, R -1 and R -2 Zoning Districts; amending
Section 7, Establishment of Districts; amending Section 8.1, Intent; amending Section 8.2, Relation of
Planned Development Regulations to Other Zoning Regulations; amending Section 8.3, Planned
Development Defined; amending Section 8.4, Where Permitted; and adding Section 11, Monticello
Historic District, MHO; of Chapter 18, Zoning, of the Albemarle County Code. The amendment to Section
4.15.8 would add the MHD as a district subject to that section. The amendment to Section 7 would add
the MHD as a district subject to that section and re -order the list of zoning districts. The amendment to
Section 8.1 would add the MHD as a district subject to that section and revise the purposes of planned
development districts. The amendment to Section 8.2 would clarify when a waiver or modification of a
requirement of Sections 4, 5 or 32 of the Zoning Ordinance could be obtained, and revise the findings
required for granting a waiver or modification. The amendment to Section 8.3 would revise the definition
of "planned development district" to exempt planned historic districts such as the MHD from certain
definitional criteria. The amendment to Section 8.4 would allow planned historic districts such as the
MHD that contain and pertain to a historic site to exist in the Rural Areas of the County as designated in
the Comprehensive Plan. The addition of Section 11 and its subparts would establish the MHD as a
zoning district, state its intent and purpose, identify its status as a planned development district, and
establish permitted uses and associated regulations applicable within the zoning district. The proposed
MHD zoning district would allow uses specifically related to the operation of Monticello as a historic house
museum and historic site, including visitor facilities; educational, research, and administrative facilities;
temporary events; sales of products; cemeteries; concerts; and agricultural, residential uses, and other
delineated uses similar to those permitted in the Rural Areas zoning district. The proposed district
regulations also would require that development be preceded by an application plan approved by the
County and otherwise be subject to Sections 4, 5, 8 and 32 of the Zoning Ordinance. The density for new
residential development authorized in the MHD would be one dwelling unit per twenty -one acres.
AND
ZMA_2004 -05 - Monticello Historic_ District (MHD) (Signs# 38,39&41) — Request to rezone
approximately 868 acres from the Rural Areas (RA) to the Monticello Historic District (MHD) (reference
ZTA 2004 -03), to allow uses specifically related to the operation of Monticello as a historic house
museum and historic site, including visitor facilities; educational, research, and administrative facilities;
temporary events; sales of products; cemeteries; concerts; and agricultural, residential uses, and other
delineated uses similar to those permitted in the Rural Areas zoning district. The properties proposed for
rezoning are within the Scottsville Magisterial District in the vicinity of Monticello, south of Interstate 64
ALBEMARLE COUNTY PLANNING COMMISSION — APRIL 12, 2005
DRAFT MINUTES FOR ZTA - 2004 -03 AND ZMA - 2004 -05 MONTICELLO HISTORIC DISTRICT
and east of Route 53, and are identified more particularly as follows: Tax Map 78, Parcels 22 (Monticello),
23, 25, 28A, 28B, 29; and Tax Map 79, Parcel 7A. The Comprehensive Plan designates these lands as
Rural Area 4, and the general usage for Rural Area 4 is as follows: land uses supportive of the character
of the rural area, including agricultural and forestal uses, land preservation, conservation, and resource
protection. No density range is specified for Rural Areas 4. The density for new residential development
authorized in the MHD district would be one dwelling unit per twenty -one acres. (Rebecca Ragsdale)
Ms. Ragsdale summarized the staff report. The applicant, Thomas Jefferson Foundation, Inc., has
requested a Zoning Text Amendment and Zoning Map Amendment to establish a planned district called
the Monticello Historic District (MHD). This application was submitted last April and is an application that
has evolved from previous applications starting in 2000 when Monticello identified the need for some new
facilities. They started working with the County to address their nonconforming status. The uses there
now such as the house museum and the educational research activities are nonconforming and have not
been addressed in the zoning ordinance. Therefore, that is what these applications are attempting to do
by establishing the Monticello Historic District as a planned district in the zoning ordinance. The site is
currently zoned Rural Areas and is designated for Rural Area land use in the Comprehensive Plan. The
proposed district would include approximately 888 acres_ Monticello and the activities associated with its
operation as a historic house museum and educational center are not in compliance with the zoning
ordinance and are non - conforming uses. The proposed MHD would bring these existing uses into
compliance with the zoning ordinance and allow for improved facilities. The Foundation is not proposing
to introduce new activities but would continue the land uses that have been taking place, including
education programs, research, and visitor facilities. A new visitor's center, service center, administrative
campus, and restoration to the Monticello mountain top are planned with this application. The Foundation
believes that the visitor experience will be enhanced as a result of these changes. The Foundation does
not anticipate visitor growth, as a result of these changes, beyond what would normally be expected to
occur.
The Foundation intends to remove 201h Century additions surrounding the Monticello mansion, including
the gift shop, offices, and restrooms which are currently located in a historic building known as Weaver's
Cottage, as well as remove offices from the basement and upper floors of Monticello. The Foundation
plans to relocate these uses to less obtrusive locations at lower elevations and as far from the historic
house and structures as possible. The Administrative Campus would be located on a site on the south
side of Route 53 adjacent to Kenwood. A new visitor's center and parking area would replace the existing
facilities. A building and grounds service area is planned in areas where existing facilities are located,
further down the mountain from the visitor's center area, near Route 53.
A binder containing details of the application background and ZTA and ZMA requests was provided to
you in April 2004. With the resubmittal of this application on February 28, 2005, another bound notebook
(Attachment B) of information was provided to you reflecting any changes from the original application.
Petitions: ZTA 2004 -03 - Monticello Historic District (MHD) - This zoning text amendment would
establish a new zoning district in Albemarle County pertaining to land uses and structures associated with
Monticello by amending Section 4.15.8, Regulations applicable in the RA, VR, R -1 and R -2 Zoning
Districts; amending Section 7, Establishment of Districts; amending Section 8.1, Intent; amending Section
8.2, Relation of Planned Development Regulations to Other Zoning Regulations; amending Section 8.3,
Planned Development Defined; amending Section 8.4, Where Permitted; and adding Section 11,
Monticello Historic District, MHD; of Chapter 18, Zoning, of the Albemarle County Code. The amendment
to Section 4.15.8 would add the MHD as a district subject to that section. The amendment to Section 7
would add the MHD as a district subject to that section and re -order the list of zoning districts. The
amendment to Section 8.1 would add the MHD as a district subject to that section and revise the
purposes of planned development districts. The amendment to Section 8.2 would clarify when a waiver
or modification of a requirement of Sections 4, 5 or 32 of the Zoning Ordinance could be obtained, and
revise the findings required for granting a waiver or modification. The amendment to Section 8.3 would
revise the definition of "planned development district" to exempt planned historic districts such as the
MHD from certain definitional criteria. The amendment to Section 8.4 would allow planned historic
districts such as the MHD that contain and pertain to a historic site to exist in the Rural Areas of the
County as designated in the Comprehensive Plan. The addition of Section 11 and its subparts would
ALBEMARLE COUNTY PLANNING COMMISSION — APRIL 12, 2005 2
DRAFT MINUTES FOR ZTA - 2004 -03 AND ZMA - 2004 -05 MONTICELLO HISTORIC DISTRICT
establish the MHD as a zoning district, state its intent and purpose, identify its status as a planned
development district, and establish permitted uses and associated regulations applicable within the
zoning district. The proposed MHD zoning district would allow uses specifically related to the operation of
Monticello as a historic house museum and historic site, including visitor facilities; educational, research,
and administrative facilities, temporary events; sales of products; cemeteries; concerts; and agricultural,
residential uses, and other delineated uses similar to those permitted in the Rural Areas zoning district.
The proposed district regulations also would require that development be preceded by an application plan
approved by the County and otherwise be subject to Sections 4, 5, 8 and 32 of the Zoning Ordinance.
The density for new residential development authorized in the MHD would be one dwelling unit per
twenty -one acres.
ZMA 2004 -05 - Monticello Historic District (MHD) - Request to rezone approximately 868 acres from the
Rural Areas (RA) to the Monticello Historic District (MHD) (reference ZTA 2004 -03), to allow uses
specifically related to the operation of Monticello as a historic house museum and historic site, including
visitor facilities; educational, research, and administrative facilities; temporary events; sales of products;
cemeteries; concerts; and agricultural, residential uses, and other delineated uses similar to those
permitted in the Rural Areas zoning district. The properties proposed for rezoning are within the
Scottsville Magisterial District in the vicinity of Monticello, south of Interstate 64 and east of Route 53, and
are identified more particularly as follows: Tax Map 78, Parcels 22 (Monticello), 23, 25, 28A, 28B, 29; and
Tax Map 79, Parcel 7A. The Comprehensive Plan designates these lands as Rural Area 4, and the
general usage for Rural Area 4 is as follows: land uses supportive of the character of the rural area,
including agricultural and forestal uses, land preservation, conservation, and resource protection. No
residential density range is specified for Rural Areas 4. The density for new residential development
authorized in the MHD district would be one dwelling unit per twenty -one acres. A copy of the map
showing the lands to be rezoned by this amendment is on file in the office of the Clerk of the Board of
Supervisors and in the Department of Community Development, County Office Building, 401 McIntire
Road, Charlottesville, Virginia.
Character of the Area: The majority of the area surrounding the proposed Monticello Historic District is
rural in character, with larger parcels intact and substantial open space surrounding the project areas.
Most parcels adjoining the district are also owned by the Foundation and are under conservation
easement. Natural features include substantial wooded portions surrounding the Monticello mansion and
the Rivanna River bisects the MHD between Shadwell and the Monticello Horne Farm tract. There is a
residence (Pigpen) adjoining the visitor center area to the east. Adjacent to the proposed Administrative
Campus is the Robert H. Smith International Center for Jefferson Studies and the Jefferson Library, both
located at Kenwood. The Shadwell portion of the MHD is under two easements and adjoins Route 250
(Richmond Road); there are commercial and industrial uses adjacent to that property. Other historic uses
are located in the vicinity of the Monticello Historic District, including Michie Tavern and Ash Lawn.
Planninct and Zoning History: Construction of Monticello began in 1769 and the Thomas Jefferson
Foundation acquired the property in 1923. Since that time, the Foundation has operated the property as a
museum. As part of the 1980 comprehensive downzoning of the County, Monticello was zoned Rural
Areas (RA). No land use was established within the RA Zoning District during that rezoning that
accommodated the Foundation's activities, which resulted in Monticello's non- conforming use status.
After a facilities planning process in 1999, which identified a four- campus vision for Monticello, the
Foundation began working with the County on a zoning amendment to bring Monticello into compliance
and to allow for new facilities. Applications ZTA 2000 -02, ZTA 2000 -8, and ZMA 2001 -10 were the first
applications attempting to address Monticello's non- conforming uses. At the time of those applications,
new facilities were planned for the Blue Ridge Hospital site on Route 53 and Route 20. (This site is no
longer a viable option for the Foundation's facilities.) A work session was held with the Planning
Commission in August 2001 where comments were provided to the Foundation. After the work session,
the Foundation decided to revisit the application and its facilities needs to provide a more detailed
application. This resulted in the submittal of the ZMA and ZTA applications currently under review and
withdrawal of all previous applications. The applications currently requested for approval were originally
submitted in April 2004. The Planning Commission held a work session on these applications June 8,
2004 and a public hearing was scheduled for July 27, 2004. The applicant's requested that their ZMA and
ZTA requests be deferred prior to that meeting and the public hearing was not held. Since that time, the
ALBE MARL E COUNTY PLANNING COMMISSION — APRIL 12, 2005
DRAFT MINUTES FOR ZTA- 2004 -03 AND ZMA - 2004 -05 MONTICELLO HISTORIC DISTRICT
applicants and their team of professionals have been working to refine the applications, which were
resubmitted February 28, 2005. These refinements include improved building and site design with respect
to terrain at the Visitor Center complex. The revised application also reflects that a significant portion of
the proposed MHD is now under easement with the Virginia Outdoors Foundation.
ZTA 2044 -03: One of the key components of the proposed ZTA is that Monticello and its associated
activities are unique and necessitate different provisions from other existing zoning districts in the
County's ordinance to meet their land use needs, Given this factor, and taking into account comments
made by the Planning Commission during review of the previous application submittals regarding
specificity of planned activities, a planned zoning district has been drafted in accordance with Section 8 of
the Zoning Ordinance. The MHD provisions of the district address both Monticello's historic and rural
aspects and appropriate uses of the RA Zoning District have been incorporated in the MHD. The revised
version of the ZTA is attached for your review. (Attachment C).
Since the proposed Monticello Historic District and plans are submitted as a planned development district,
as allowed in Section 8 of the Zoning Ordinance, an application plan is required. This application plan
specifies what site improvements will take place with this rezoning, including general location and limits
on building square footage. Any significant deviation from the application plan would require approval of
an amended rezoning application.
ZMA 2004-05: No major changes in building square footage or general location are proposed with the
resubmittal of this ZMA from its original version. The applicant is proposing major improvements to three
main project areas, within the MHD. These include the Monticello Mountaintop, the Visitor's Center and
Service area, and the Administrative Campus adjacent to Kenwood. The fourth project area includes the
Shadwell Quarter Farm, where minor improvements are planned as the property is under easement with
the Virginia Department of Historic Resources and now also the Virginia Outdoors Foundation.
Mountain Top (AP 2 of 4): Main improvements to this project area include removal of staff offices and
service structures which are located along the second roundabout, allowing for restoration of the
roundabout and possibly future historic interpretation. The Foundation hopes to restore the house and
grounds on the mountain top to their Jefferson -era appearance to the greatest extent possible without
modern intrusions. There will be a need for restrooms, utilities, and some service parking, which would be
moved to more appropriate locations during the restoration project. It is not expected that all
improvements proposed with this ZMA plan will be completed simultaneously, but will be phased
according to the Foundation. With the recent resubmittal, the Mountaintop plan has been revised to clarify
that the staff offices and service structures located along the second roundabout will have to remain until
the new Building and Grounds Service Area can be completed-
Visitor's Center/Buildina Grounds and Service Area (AP 3 of 4): The visitor's center project area currently
consists of a shuttle shelter, an open air garden shop, a luncheonette, a slave cemetery, and
approximately 400 parking spaces. The service area is located further down the mountain, closer to
Route 53, and consists of a fueling station, a warehouse, and two existing houses used for office space.
The square footage of proposed buildings is the roughly the same as the previous version of this ZMA,
approximately 19,500 total for Building and Grounds service center complex and 48,750 total for Visitors
Center complex. The applicant is proposing to construct an improved visitor center that will consist of
five interconnected buildings to include a museum shop, cafe, exhibits, and classrooms. These will be
proposed in the same location as the existing shuttle station. The architects have now chosen several
smaller buildings to better fit the topography the site and will result in less tree clearing. An outdoor
classroom pavilion is now proposed in the wooded area adjacent to the Visitor Center to the north. The
parking lot will not be regarded as was previously proposed. This will leave the existing parking lot and
trees intact. The landscape link from the new visitor's center to the slave burial grounds to create a linear
park will be provided. The revised building and parking plan will result in far less tree clearing and grading
than was previously proposed. This plan was revised following engineering comments to include an
additional note regarding storm water management. (Attachment D)
In the Building Grounds and Service area, the applicant is proposing to construct office and work shop
spaces, a greenhouse, equipment bays, and to provide for staff parking. This area has also been slightly
ALBEMARLE COUNTY PLANNING COMMISSION — APRIL 12, 2005 4
DRAFT MINUTES FOR 7TA- 2004 -03 AND ZMA- 2004 -05 MONTICELLO HISTORIC D #STRICT
redesigned based on better topographic information. The applicant is proposing a total building area of
20,000 square feet for buildings constructed in this area. Although not highly visible from Route 53, the
service area is located within the Entrance Corridor Overlay District and will be reviewed by the
Architectural Review Board prior to any building construction.
Administrative Campus: (AP 4 of 4). There were no changes to the Administrative Campus plan with the
resubmittal of this application. The 5.5 acre site is located to the west of Kenwood and currently consists
of a dwelling and several outbuildings. It is not used by the Foundation at this time for any uses related to
Monticello. The Foundation is proposing a 27,121 square foot building, or mass of several buildings, for
office space, meeting rooms, archeological labs, storage, and support space with a total of 86 parking
spaces. It is envisioned that the new building(s) will have a connection to Kenwood. VDOT has
recommended that access to this site be through shared entrance with Kenwood, instead of creating
another entrance onto Route 53. The applicant has indicated they have studied this option as to its
feasibility and have provided a note on the application plan (AP-4) that indicates the entrance will be
shared. This project area is also located within the Entrance Corridor Overlay district and will require
further review by the Architectural Review Board.
Shadwell: The 277 acre Shadwell Quarter Farm is the birthplace of Thomas Jefferson and includes
several modern structures including a barn and shed. The Foundation has limited historic interpretation
plans for Shadwell as permitted by the Department of Historic Resources and VOF easements (found in
the Appendix of Attachment B). The application plan specifies that improvements at the site will be limited
to interpretative trails, a maximum of 3,000 square feet of building area for a visitor shelter, 1,000 square
feet for restrooms, and any road /entrance improvements needed. A proffer (Attachment E) pertaining to
the County's greenway has been submitted for the Shadwell property to further Comprehensive Plan
goals for the greenway and trails system. A greenway easement will be dedicated on portions of the
Shadwell property that are contiguous to the Rivanna River on the north side and are part of the 100 -year
flood plain.
By -right Use of the Property: If developed under the current RA (Rural Areas) zoning, the property
could be developed with agricultural uses, forestal uses, or residential development at allowed densities,
subject to easement restrictions. The current Monticello operations are non - conforming and any further
expansions or new facilities are not permitted under the Zoning Ordinance regulations.
COMPREHENSIVE PLAN:
Rural Area: The Guiding Principles of the Rural Area Plan are not compromised with this proposed
application but have been incorporated into this proposal as it helps to further preserve unique natural,
scenic, and cultural resources not found elsewhere in the County, and unique to Virginia and the World.
In addition, the proposed MHD zoning district will have reduced development potential with the VOF
easement affecting a large portion of the MHD district. The land placed under easement totals 1, 060
acres and includes approximately 418 acres of the "Home Farm" adjacent to the Monticello Mountain, the
560 acre Tufton property southeast of Monticello, and approximately 80 acres along the Rivanna River.
Historic Preservation_ Pian:. The goals of protecting historic resources, recognizing their value, pursuit of
additional protection measures and incentives to preserve Albemarle's historic and archeological
resources are all being achieved through this proposed rezoning. It is suggested in the Comprehensive
Plan that an important strategy to further the historic preservation goals of the County is to adopt a
historic district overlay ordinance that would recognize and protect historic and archeological resources,
including individual sites and districts, on the local level, The County's Historic Preservation Planner has
commended Monticello on their application and has indicated that the MHD may serve as a model for
future historic zoning in the County. (Attachment F)
Open Space Plan and Mountain Protection Plan: Monticello is an identified mountain resource in the
18 Mountain Protection Plan. This rezoning does not cause substantial new disturbance of the mountain and
actually removes obtrusive modern day structures from the ridge /mountain top area. No negative impacts
ALB EMARLE COUNTY PLANNING COMMISSION — APRIL 12, 2005 5
DRAFT MINUTES FOR ZTA- 2404 -03 AND ZMA- 2004 -05 MONTICELLO HISTORIC DISTRICT
to scenic resources are anticipated with this proposed rezoning, including the Rivanna River, which is
designated as a Virginia State Scenic River from Woolen Mills to the Fluvanna County line. 0
Greenways and Trails Plan: Through this project, the goal of a countywide network of greenway trails is
furthered with the dedication of an easement along the Rivanna River on the Shadwell property. The
Rivanna River from the Ivy Creek Natural area to Fluvanna County is specifically identified as a location
for river and stream trials in the Rural Area. This will provide a trail along one of the only two State Scenic
Rivers in the County.
Relations hiehetween. the application -and. the purpose and intent.n #the.requested zoning district
The Foundation is requesting to rezone to a zoning district specifically crafted to accommodate the needs
of Monticello as a unique historic resource but also recognizes its location with in the Rural Area of the
County. The application is entirely consistent with the purpose and intent of the proposed zoning text
amendment.
Public . need andustification for the change
This application will provide the chance to improve the visitor's experience to Monticello and provide for
improved historic preservation efforts through removal of modem structures from the mountain top and
administrative office located inside the mansion. As the applicant indicates, it may also extend the length
of time visitors of Monticello remain in Albemarle County and would therefore increase the tourism dollars
into the local economy. Monticello is not only a tourist destination, but an educational and historic
resource to the local community.
Anticipated impact an__public. facilities and services
Transportation: The applicant has prepared a Traffic Impact Analysis (TIA) that has been reviewed
by the Virginia Department of Transportation (VDOT) for impacts to Route 53 (Thomas Jefferson
Parkway). While the TIA did not indicate a significant increase in vehicle trips associated with the
rezoning request, as there will not be an increase in visitation or employees, VDOT has identified the
following safety concerns with Route 53:
Monticello Property - The existing exit needs to be upgraded to improve the sight distance for the
large bus traffic leaving the site;
Proposed Administrative Office Entrance — Recommend connecting to roadway into the Kenwood
property and utilize their existing entrance. The existing entrance can be closed to minimize
access points, and maintain the natural corridor Route 53 presents.
Entrance needs to be designed in accordance with the Commercial Entrance Standards.
The applicant has been responsive to these concerns from VDOT and has placed a note on the
application plan to indicate that the entrance to the Administrative Campus will be combined with
Kenwood and during the site plan process it will be designed and approved by VDOT. The applicant
has provided a proffer (Attachment E) indicating that the exit from the Monticello Visitor's Center onto
Route 53 will be upgraded to allow for improved vehicle turning onto Route 53 from Monticello's exit.
Water and Sewer: The Monticello mountain complex (AP 2 of 4 and 3 of 4) is the only portion of the
proposed project area located within the Albemarle County Service Authority (ACSA) Jurisdictional
Area and is designated for water service only. The ACSA indicates current water service to the
property, including the Monticello mansion and Visitors Center. The Administrative Campus would be
supplied water by an on -site well. The water facility analysis provided by the applicant indicates that
both sites should have adequate capacity to serve the proposed uses, including under fire flow
scenarios.
No portions of the project area are located within the ACSA Jurisdictional Area For sewer service. The
applicant has proposed to serve the Administrative Campus and Visitor's Center with an advanced
wastewater treatment plant combined with drip irrigation disposal. The drip irrigation system is
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preferred as it can be installed to follow contours and can be place at more shallow depths (6 -12").
Any proposed central systems will require approval by the Board of Supervisors. The Planning
Commission must also review the request to ensure that it is in conformance with the Comprehensive
Plan, as required by the Code of Virginia §15.2- 2232. The issue of central systems will be
addressed separately, after further study and staff review of detailed system design specifications
have been submitted.
Schools: There are no anticipated impacts to the County's school systems as this project will not
include residential components or result in additional school children.
Stormwater Management - -The applicant has provided a stormwater analysis as part of their
application which demonstrates that County requirements regarding both stormwater quantity and
quality can be met. The system that will be used will combine traditional stormwater management
techniques with a low impact development approach. This approach will include the use of bio-
retention in the form of rain gardens. Engineering staff has reviewed the applicant's analysis and
provided favorable comments. (Attachment G)
Fiscal impact on public facilities --It is not expected that this rezoning request will result in any
negative fiscal impacts to public facilities. Monticello provides positive impacts to the local economy,
through the employment it provides and the travel expenditures associated with visitors to the
museum. In December 2001, The Weldon Cooper Center for Public Service released a study,
Monticello's Economic Impact on the Charlottesville - Albemarle Area, which quantified the local
economic impact of Monticello. Major findings of this report indicated that Monticello generates state
and local tax revenues through the activities associated with the Foundation; nearly half of
Monticello's visitors choose to stay overnight in the area; and even though Monticello itself employs
around 300 people, its overall impact to employment is greater and is equivalent to around 900
people.
Anticipated impact on natvral,_cultural, and historic_ resources
Monticello is listed on the Virginia Landmarks (State) and National Register of Historic Places and is
designated as a National Historic Landmark, the highest national recognition category for historic
resources. Most notably, Monticello is on the United Nations Education, Scientific and Cultural
Organization (UNESCO) World Heritage List. Impacts to Monticello are expected to be positive. This
application will allow the relocation of modern intrusions from the mountaintop to more appropriate sites.
The applicant will be able to heighten restoration efforts through this rezoning application and eventual
completion of the application plans. The applicant has indicated that impacts on natural resources will be
minimized to the greatest extent possible. The Visitor's Center and Service Center will be constructed in
areas where tree clearing has already occurred. The majority of the project will remain in open space and
over 95% of the project area will not be disturbed, which is 831 of the 868 acres included with this
application.
Proffers: As part of this rezoning request the Foundation has provided a proffer statement (Attachment
E) to address review comments that could not be provided for on the Application Plan. The terms of the
Greenway easement are included in the proffer, as well as provisions for the improvement of the existing
Monticello exit onto Route 53. These proffers are in a final form and have been reviewed by the County
Attorney and approved by the applicant, however they have not been signed by the owners /applicant.
To address comments made by the historic preservation planner, a documentation plan has been
provided to ensure that the demolition, removal, or relocation of permanent structures will be recorded. A
note referring to these documentation procedures has been provided on the Application Plan (AP 1 of 4).
Waiver Requests:
The applicant has identified several waivers to Zoning Ordinance requirements that will be necessary to
fully implement the application plan submitted with th {s ZMA. Applicant justification and need for these
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waivers has been provided in the new submittal notebook (Attachment 13) along with exhibits in section C
of the notebook. Planning Commission approval of the waivers for Section 4.2.3.2 and Section 21.7.3 is
needed. 0
Section 4.2.3,2 -- Critical Slopes- Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing
activity on slopes of 25 percent or greater. Section 4.2.5.2 allows the Planning Commission to waive this
restriction upon finding that a strict application of this provision would not forward the purposes of the
Zoning Ordinance_ This waiver is needed primarily in the new parking areas to serve the Building and
Grounds Service Area (Exhibit "Non- conforming Slopes" in Attachment B). Engineering staff has
commented (Attachment G) on this waiver and recommends approval with a condition:
Additional erosion control measures will be required with newly constructed slopes, to include
matting, wire - reinforced silt fence, sediment traps, and other measures as may be necessary, at
the discretion of the county engineer.
Section -- Minimum_Yard_Req_uirements for Commercial_ Districts: Section 21.7.3 specifies that
within the buffer zone adjacent to rural and residential districts, no construction activity including grading
or clearing of vegetation shall occur closer that 20 feet to any residential or rural areas district. The
Planning Commission may waive this requirement if it has been demonstrated that grading and clearing is
necessary or would result in improved site design, provided that minimum screening requirements are
met and the existing landscaping in excess of minimum requirements is substantially restored. This buffer
is needed for grading in the setback on the side property lines at the Administrative campus property,
which is somewhat narrow and adjoins Foundation owned property on one side and a use similar to that
proposed for it with Kenwood to the east. The "Grading in Setback" exhibit included in the waivers
package has been revised to show that this waiver is needed on both side property lines. (Attachment H)
Planning and engineering staff are in support of this waiver.
Section 4.12.15.c slopes. fior parking areas and Section 4.12.17.a – grades _for drivewaysltravel wa
slopes 0
The Zoning Administrator is authorized by the Zoning Ordinance to grant these waivers which are not
necessary for existing site conditions. The applicant has requested approval for these waivers with this
ZMA application but Zoning staff has indicated that it would be more appropriate to review and approve
any requests for this at the site plan stage.
Section .4,12.15,g —to eliminate curb and gutter reguiremenfs
The county engineer may waive or modify this requirement if deemed necessary to accommodate
stormwater managementlBMP facility design or existing uses located in the Rural Areas (RA) zoning
district. The Comprehensive Plan suggests avoiding these more urban requirements for Rural Area sites.
This request has been reviewed by engineering staff and approval is recommended.
SUMMARY: Staff has identified the following factors, which are favorable to this rezoning request:
This proposal will result in improved facilities for visitors of Monticello and also the Foundation's
employees.
The Monticello exit onto Route 53 will be improved, providing a safer roadway for all users.
No new entrances on to Route 53 will be created with the development of the Administrative
campus, which will share access with Kenwood.
Monticello has positive fiscal impacts and this proposal will not result in any burden on public
facilities.
RECOMMENDATION_ Staff has reviewed the proposal and associated proffers for conformity with the
Comprehensive Plan and the Zoning Ordinance and recommends approval of ZTA 2004 -03 and ZMA
2004 -05, along with the waivers of Section 4.2.3.2 and Section 21.7.3 as requested by the applicant and
including engineering conditions (Attachment G). 0
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0 Mr. Edgerton asked if any Commissioner had any questions for staff.
Ms. Joseph stated that she just wanted to clarify on thing. She asked if staff was only recommending for
the waiver request for the critical slopes and the curb and gutter.
Ms. Ragsdale stated that staff was supportive of the waivers as far as from the planning standpoint. The
Planning Commission action is needed to approve the critical slopes waiver and the minimum yard
requirements for the commercial district. In the ordinance it kind of varies where it specifies where
Planning Commission approval is necessary. Some places it says the zoning administrator can approve
it after consulting with the county engineer. In some places it just says the county engineer can approve.
But, these two specifically refer back to the Planning Commission. But, staff is in support of all of the
waivers at this point.
Ms_ Joseph stated that they have planning support for the travel way and the parking waiver request.
Also, they have engineering support for the critical slopes.
Ms. Ragsdale stated that engineering reviewed it as far as all four waivers that were requested, and did
not recommend denial for any of them. They provided their comments to the waivers and what they could
identify at this stage as far as what they wanted to see as far as notes regarding storm water detention.
She pointed out that Glenn Brooks was present.
Ms. Joseph stated that she was specifically referencing the parking the travel way slopes. She asked If
Mr. Brooks would like to speak to that.
Glenn Brooks, Senior Engineer stated that was the waiver that the zoning administrator would prefer to
do at the site plan stage. But, it was consistent with the parking that was already out there_ Therefore, he
thought that it was fine.
Mr. Joseph asked Mr. Kamptner if the Commission chose to if they could go ahead and approve those
waiver requests.
Mr. Kamptner stated that the Commission could approve all the waivers at this point. Because this was a
planned development, under Section 8 it gives the Commission and Board the authority to consider all of
these waivers at the rezoning stage, Until recently they would have been coming at a later stage in the
development process.
There being no further questions for staff, Mr. Edgerton opened the public hearing and asked the
applicant to come forward to address the Commission.
Michael R. Matthews, Jr., P.E., of Matthews Development Company, LLC, spoke for the request. It is my
distinct honor to represent the Thomas Jefferson Foundation on the three applications that are before the
Commission ton ht. It is also a special day for the folks at Monticello. He pointed out that tomorrow is Mr.
Jefferson's 262" birthday. They will celebrate that tomorrow in Albemarle County with Founder's Day.
That is a special day for them. He introduced the following persons Mr. Weller Davis, member of the
Board of Trustees and Chair of the Building and Grounds Committee at Monticello; Kat Imhoff, Vice -
President of Thomas Jefferson Foundation; Mike Merriam, Director of Buildings and Grounds; Valerie
Long, of their legal team; Ashley Hardwell, also of McGuire & Woods; Adam Gross, of Aire, Saint, Gross;
and Sandra Vixen, project architect. He presented a brief over view of the project with a short power point
presentation.
There are three parts to their application. The zoning text amendment is the amendment that creates the
district. Right now the district does not exist in the Code. It is a planned district under Section 8.0, which
is a very important distinction from what has come before us. The district is about 868 acres. This is an
area where either the foundations has either programmed now or is planning a program that is not
recognized in the rural area. In 1980 when the County comprehensively rezoned the County there was
not special provisions made for Monticello and what has been happening there since the foundation took
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over in 1923. They tried to make the boundaries of the district very simple and wanted them to be
commensurate with the tax map and parcel numbers so that they would be easy to administer. Ninety -six is
percent of the district is going to be left in open space. They wanted to have a very narrow definition of
the district. All of the properties need to be owned by the foundation, have been owned by Jefferson, and
are partially within the World Heritage designation. As you know the Monticello house is the only
residence in the United States that is on the World heritage list.
The zoning map amendment is the second part of this application. It breaks down their plans into three
pieces. Once the district is established, under Section 8.0 they create application plans, which will be
binding on us for all development of any of the precincts. The three precincts that were identified were
the mountaintop, where the goal is to basically return the mountaintop to the original Jefferson
presentation by removing the 201h Century from the mountaintop; the visitor's center where they play into
the enhanced visitor's experience and the administration campus, which will enable them to achieve the
other vision of removing the 20 "' Century from the mountaintop and appropriately house the staff
functions. All of these districts must comply with the application plan that will be binding on them.
Planning Commission approval is required for the critical slopes waiver and the buffer disturbance. They
chose the setbacks from section 21.0 that will apply to them in the rural areas, which are the commercial
setbacks that are very rigorous. In order to create the development shown in the application plans, they
need the waiver of the buffer disturbance, which will then be replaced.
The other three waivers that were discussed today were the travel way and slopes, the parking slopes
and the curb and gutter. They would certainly welcome the Planning Commission to approve those.
They have done their homework on those and they are primarily existing conditions or conditions that
they think are respectful of the site. He displayed a picture of the African American burial area. He stated
that they could not imagine surrounding it with curb and gutter and the grading that would be necessary
for that sort of activity.
As a brief history, they started this application in 2000. There was a work session in 2001 with the
Commission in which they received some valuable feedback. They went back to the drawing board. The
last 3 years have been spent in some pretty intense planning in rethinking what the future of Monticello
needs to look like. They refilled the application in 2004 under this planned district approach. They felt
that answered the Commission's questions about certainly what may in a fairly open ended text
amendment. Now it will be tied to the application plan, which was something that they were very
comfortable with. Last year they had a very good work session with the Planning Commission last June.
They went through a number of issues and made a number of changes to their plan. They had a great
staff report in July of last year. But, Kat had called him one day and said that they needed to talk about a
deferral. Monticello is one of the more self critical organizations that he had ever been evolved with.
They just were not happy with the master plan and some of the land use issues that they were dealing.
So they said let's stop and let's get this right. They took a six month pause and during that time really
made some substantial changes. These changes were made in how a visitor would experience the
mountain.
The district itself, shown in green area is unchanged from their original submission. What is significantly
different is the area that is in the cross - hatched. That is the 1,000 acres that was added into the VDOF
easement since they were last before the Commission. Shadwell's 215 acres had always been in
easement with the Virginia Department of Historic Resources. So now the vast majority of the district is
entirely within some form of perpetual easement.
In summary, according to the application plan now there are three pieces on the plan. The mountaintop
plans are unchanged from what the Commission saw previously. Again, it is an effort over the years to
remove the 201h Century intrusions on the mountaintop and replace them in more appropriate locations.
The administration /campus plan is also unchanged from what the Commission saw last time. The big
change was in the visitor's center itself. Originally they had a building situated they felt nicely situated
into the hillside. It was not a small building. They had all of these areas in the parking lot being
completely regraded and they had a green connection with the visitor's center and the African - American
Burial area, which will incorporate that into the primary experience. That element has changed. Also, the
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building and grounds service area and the lower section of the site is part of their plan. From a big picture
speculative the dynamic change that has occurred is in the parking. All of this parking now is to be left as
is in its current scenario.
Due to the improved topographic information they were able to put the buildings in locations that are more
sensitive. Basically, they have been able to do more engineering on that part of the site. The building
itself is a lot difference. He pointed out that the picture more than anything from their original submission
is what resulted in their deferral. That building was pretty big. Their goals were to nestle this building into
the hillside. They felt like they had achieved that, but still the amount of area sticking out up the natural
grades on a sloping site just gave pause to a lot of folks at Monticello. There is a phrase that came about
in some of early planning that they had somewhat departed from. That was that they felt like they had
departed from a collection of dependencies that defined Monticello. They had probably strayed further
from that than they were comfortable. They reground themselves on their philosophy that resulted in this
plan. The buildings are now being broke up into six much smaller components that are smaller in scale
and much more open. It allows them to create a courtyard area that has many benefits to the program
and to the feel of the site. They have a new pavilion. In this area it is an area that is already cleared.
The existing septic area will be changed in its current configuration. That will be a bit of an overflow place
and a place where classrooms can come and meet for educational purpose. There will be four times less
grading than they had originally planned in the parking area. After they rethought it they had basically
been regarding the site to accommodate a bus circulation pattern that on second thought was not really
necessary to accommodate it. They still have maintained the philosophy of taking cues from the existing
building for materials and for open design. They want to draw from the strengths and materials and some
of the open forums. He pointed out that they had been successful in putting some of the areas
underground at the visitor's center. He completed the power point presentation and pointed out the
changes made to the plan_ He stated that the pause that the Commission was kind enough to grant
allowed them time to look back at this goal of going lightly on the land that has been the buzz word in all
of the design meetings in nestling this building nicely into the terrain. He felt that they have done a much
better of achieving that. He stated that they have appreciated all of the efforts and the guidance that staff
has given along the way.
Kat Imhoff, Vice - President of the Thomas Jefferson Foundation, thanked everyone for their comments
and patience throughout this process, particularly the staff and the Planning Commission. She felt that
they have had to remind ourselves why we are doing this. It is really the dual mission of education and
preservation. She felt that they were really going to improve the experience for visitors and also for the
visitors of the community that utilize Monticello,
Mr. Thomas congratulated the Foundation for changing their original plans, particularly the parking lot.
Mr. Morris commended the Foundation for the wonderful plan. He felt that it was a beautiful plan. He
asked if it was handicap accessible.
Mr. Merriam stated yes, that it was definitely handicap accessible.
Mr. Edgerton invited comment from other members of the public.
Joe Andrews, representative for Luck Stone Corporation, stated that Ms. Ragsdale and Mr. Mathews
have both been very helpful in assisting him in understanding what this proposal is all about. Certainly
Monticello is a very valuable asset to Albemarle County and the State of Virginia. He felt that they most
likely need the required flexibility that they are asking for as a part of this zoning text amendment and
rezoning. A recommendation of approval would certainly seem appropriate by this Planning Commission.
The only question that he still has deals with the easements. He stated that he would like to understand a
little bit more about the easements sometime between now and the Board of Supervisors.
Mr. Edgerton asked if he was referring to the conservation easements on the land that adjoins his land
and the impacts of it.
Mr. Andrews stated that was correct.
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Mr. Edgerton asked if there was anybody else who would like to address this application. There being
none, he closed the public hearing to bring the matter back before the Commission for discussion and a
possible action.
Ms. Joseph stated that she would like for the Planning Commission to go ahead and approve all of the
waivers that have been requested because it is more appropriate than asking the applicant to come back
at site plan stage. It would be extremely uncomfortable for the Commission to say that they approved a
rezoning based on this incredibly detailed plan that the applicant has gone through a lot of reiteration and
thoughtful process to try to preserve as many trees in that parking area and then to come back and say
no that they did not think it was going to work now. She asked to make one comment about the critical
slopes. The Planning Commission gets a lot of requests for critical slopes and they really need to point
out that the area proposed is a very small area that they are grading with the critical slopes and she felt
that it was also keeping them out of some more sensitive areas to just do it in that smaller area.
Therefore, the benefit to the community is that there is less disruption on the site as result of that.
Therefore, she could support this with the W' liver request and the proffers as submitted and
recommended by staff.
Mr. Kamptner stated that the first action should be the zoning text amendment.
Action on ZTA - 2001 -03:
Ms. Joseph made a motion to recommend approval of ZTA- 2004 -03, Monticello Historic District (MHD).
Mr. Craddock seconded the motion.
The motion carried by a vote of (6:0). (Higgins — Absent)
Mr. Edgerton stated that ZTA- 2004 -03 Monticello Historic District (MHD) was approved and would be
heard by the Board of Supervisors on June 8, 2004.
Action on ZMA- 2004-05:
Mr. Morris made a motion to recommend approval of ZMA - 2004 -05, Monticello Historic District (MHD),
with proffers along with the five waivers as requested by the applicant and including engineering
conditions (Attachment G).
Mr. Craddock seconded the motion.
The motion carried by a vote of (6:0). (Higgins — Absent)
Mr. Edgerton stated that ZMA - 2004 -05, Monticello Historic District (MHD) was approved and would also
be heard by the Board of Supervisors on June 8, 2004.
(Recorded and transcribed by Sharon Claytor Taylor, Recording Secretary.)
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