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HomeMy WebLinkAbout1994-05-18 FIN A L 7:00 P.M. May 18, 1994 Room 7, County Office Building 1 2 3 4 5 6 7 Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet) . Presentation of Certificates of Appreciation. SP-93-41. Pagebrook Farm. Public Hearing on impounding structures in the flood plain Located on E sd of Rt 231 approx 0.25 mi Cash's Corner. TM50,P34. Rivanna Dist. in a designated growth area.) SP-94-06. Emily H. Sanford. Public Hearing on a request for a music school on 3.640 ac zoned RA. Located on W sd of Rt 649 approx 0.75 mi N of Rt 649/606 inters. TM32,P9J. White Hall Dist. (Property is not located in a designated growth area.) SP-94-07. Keswick Corporation. Public Hearing on a request to expand club facilities to add a swimming pool, tennis courts & a clubhouse on 149.846 ac zoned RA. Located on E sd of inters of Rt 744/731 & on SE quadrant of Club Dr/Rt 731 inters. Existing clubhouse in NE quadrant of Club Dr/Rt 731 inters. TM80,P8Z. Rivanna Dist. (Property is not located in a designated growth area.) SP-94-10. Brass, Inc. (owner); Christopher Grover (applicant). Public Hearing on a request for a veterinary clinic on part of 6.734 acszoned RA. Located on W side of Rt 20. Portion of propert}' proposed for use is located in NW corner of Rt 20/Rt 712/Rt 715 inters. TM121,P91 (part) . Scottsville Dist. (Property is not located in a designated growth area.) ZTA-94-03. Building Permit Review. Public Hearing on an ordinance to amend and reenact Section 30.6, Entrance Corridor Overlay Dist.rict in the Albemarle County Zoning Ordinance to require that a certificate of appropriateness be granted by the Architectural Review Board prior to building permit approval. Other Matters Not Listed on the Agenda from the BOARD. Adjourn. a request to locate six on 315.86 ac zoned RA. N of Rts 231/640 inters at (Property is not located 8 9 1~) 1 ) 1~) 1~) CON S E N T AGENDA FOR APPROVAL: 5.1 Personnel Policy on Emergency Staffing. FOR INFORMATION: 5.2 Copy of Planning Commission minutes for April 19, April 26 and May 3, 1994. 5.3 Letter dated May 6, 1994, from D. S. Roosvelt, Resident Engineer, Department of Transportation, to Ella Carey, Clerk, re: Route 654 signal. 5.4 Letter dated May 4, 1994, from Betsy Davis Beamer, Secretary of the Commonwealth, Office of the Governor, re: recommendation of Mary Scott Birdsall for appointment to the Moormans Scenic River Advisory Board. 5.5 Semi-annual summary of activities of the Jefferson Area Board for Aging (JABA) Advisory Council, as prepared by Robert J. Walters, Jr. 5.6 Copy of Arbor Crest Apartments (Hydraulic Road Apartments) Bond Program Report and Monthly Report for the month of April, 1994. 5.7 Memorandum dated May 6, 1994, from Tex Weaver, Information Resource Planner, re: Enhanced 911 Implementation Schedule. 5.8 Memorandum dated May 11, 1994, from Patrick K. Mullaney, Director of Parks and Recreation, re: notice that on June 27 and June 28, 1994, Charlottesville and Albemarle will play host to the 1994 Bike Virginia Bicycle Tour. , . David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 MEMORANDUM Charles S. Martin R ivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Miller TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning & Community Development Ella W. Carey, Clerk g.;J-/ FROM: DATE: May 19, 1994 SUBJECT: Board Actions of May 18, 1994 Following is a list of actions taken by the Board of Supervisors at its meeting on May 18, 1994: Agenda Item No. 1. Call to Order. The meeting was called to order at 7:00 p.m., by the Chairman, Mr. Perkins. Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBIlC. There were none. Agenda Item No. 5.1. Personnel Policy on Emergency Staffing. ADOPTED the attached Personnel Policy. Agenda Item No. 5.7. Memorandum dated May 6, 1994, from Tex Weaver, Information Resource Planner, re: Enhanced 911 Implementation Schedule. Mr. Martin mentioned a letter he received from a gentleman who is on a party line and is not included in the E-911, but he is required to pay the tax. He asked that staff look into whether there is some way to include party lines on the E-911 or remove the tax. Agenda Item No.7. SP-93-41. Pagebrook Farm. Public Hearing on a request to locate six impounding structures in the flood plain on 315.86 ac zoned RA. Located on E sd of Rt 231 approx 0.25 mi N of Rts 231/640 inters at Cash's Corner. TM50,P34. Rivanna Dist. * Printed on recycled paper .. . Memo To: Robert W. Tucker, Jr. V . Wayne Cilimberg Date: May 19, 1994 Page 2 APPROVED SP-93-41 subject to the following conditions recommended by the Planning Commission: 1. Department of Engineering approval of Final Dam Design Plans and hydrologic/ hydraulic computations; 2. Water Resources Manager approval of the Water Quality Impact Assessment; 3. Department of Engineering approval of the Erosion Control Plan; and 4. Compliance with applicable federal and state permitting requirements for activities within perennial streams. Agenda Item No.8. SP-94-06. Emily H. Sanford. Public Hearing on a request for a music school on 3.640 ac zoned RA. Located on W sd of Rt 649 approx 0.75 mi N of Rt 649/606 inters. TM32,P9J. White Hall Dist. APPROVED SP-94-06 subject to the following conditions recommended by the Planning Commission: 1. Use shall not commence until the following requirements have been met: a. Health Department approval; b. Construction of commercial entrance with a minimum of 450 feet of sight distance; c. Approval of site plan; d. Installation of required parking; and e. Building Official approval. Agenda Item No.9. SP-94-07. Keswick Corporation. Public Hearing on a request to expand club facilities to add a swimming pool, tennis courts & a clubhouse on 149.846 ac zoned RA. Located om E sd of inters of Rt 744/731 & on SE quadrant of Club Dr/Rt 731 inters. Existing clubhouse in NE quadrant of Club Dr/Rt 731 inters. TM80,P8Z. Rivanna Dist. APPROVED SP-94-07 subject to the following condition recommended by the Planning Commission: 1. Compliance with SP-92-59, Keswick Acquisition Corporation, and SP-85-54, Tom J. Curtis, Jr.; 2. The clubhouse shall not exceed 6,250 square feet, the viewing stand shall not exceed 2,000 square feet, accessory buildings shall not exceed 5,200 square feet and the pool shall not exceed 3,500 square feet; 3. Construction of the clubhouse and open air pavilion and all necessary improvements associated therewith, including required parking, is extended to commence not later than five (5) years from approval of SP-94-07; and ... . 1\ emo To: Robert W. Tucker, Jr. V . Wayne Cilimberg I ate: May 19, 1994 F~ge 3 4. Access for Tax Map SO, Parcel 9A, shall be onto Route 731. Agenda Item No. 10. SP-94-10. Brass, Inc. (owner); Christopher Grover (applicant). Public I earing on a request for a veterinary clinic on part of 6.734 acs zoned RA. Located on W side of Rt 20. P~rtion of property proposed for use is located in NW corner of Rt 20/Rt 712/Rt 715 inters. TM121, P~l(part). Scottsville Dist. APPROVED SP-94-10 subject to the three conditions recommended by the Planning Commis- s'k>n and the following condition #4: "Approval of SP-94-10 applies to that part of Parcel 91 north of B oute 712 and west of Route 20". 1. Animals shall be confined to an enclosed structure; 2. Boarding of animals shall be limited to animals undergoing medical treatment; 3. Use shall not commence until the following have been obtained: a. Health Department approval; b. Building Official approval; c. Provision of adequate parking; and 4. Approval of SP-94-10 applies to that part of Parcel 91 north of Route 712 and west of Route 20. Agenda Item No. 11. ZTA-94-03. Building Permit Review. Public Hearing on an ordinance to a pend and reenact Section 30.6, Entrance Corridor Overlay District in the Albemarle County Zoning C rdinance to require that a certificate of appropriateness be granted by the Architectural Review Board p ior to building permit approval. ADOPTED the ordinance. The adopted ordinance and Zoning Ordinance sheets will follow u ~der separate cover. Agenda Item No. 14. Other Matters Not Listed on the Agenda from the BOARD. Mr. Marshall requested that the grass on Route 20, located between Route 53 and the limits of d e City of Charlottesville be cut. He asked if any carryover funds were available that could be used for d is project. Mrs. Humphris said the grass is getting very long in that new section of median on Barracks Rpad. Previously Mr. Roosevelt had mentioned that someone from the Hessian Hills apartment c( mplex had agreed to take care of the maintenance of that median. She asked for an update. .- . 1\ emo To: Robert W. Tucker, Jr. V . Wayne Cilimberg I ate: May 19, 1994 F~ge 4 Agenda Item No. 15. Adjourn. The meeting was adjourned at 7:56 p.m. E~C:mms c : Richard E. Huff, II Roxanne White J 0 Higgins Amelia McCulley Bruce W oodzell Larry Davis File 1 COUNTY OF ALBEMARLE MEMORANDUM Robert B. Brandenburger Ella W. carey~U May 24, 1994 Personnel Policy on Emergency Staffing Attached, please find the Personnel Policy on Emergency Staffing that the Board adopted at its meeting on May 18, 1994. If you have any questions, please contact me. E C/jng FO MS\act.mem At achment ~ County of Albemarle Personnel Policy EMERGENCY SITUATION STAFFING The Commonwealth of Virginia Emergency Services and Disaster aw of 1973 requires that localities prepare and keep current an mergency operations plan. Such a plan has been developed and dopted by the governing bodies of Charlottesville, Albemarle ounty and the University of Virginia. In accordance with this lan, the Board recognizes that emergency preparedness requires the careful planning for handling of disasters that affect citizens. In cases of emergency situations, i.e., weather- elated disasters or other emergencies wherein the community is equired to provide shelter, emergency transportation, etc., it ay be necessary for Albemarle County employees to be called upon to provide necessary services. In such instances, the Board e pects that employees will respond to requests for emergency s rvices and has established procedures whereby supervisors can m et the needs that arise. gulation: Emergency Situation Staffing 1. In accordance with the regional Emergency Operations Plan, various departments are charged with initial preparedness for emergency situations that may affect employees. Each of these departments will assure that the Plan is familiar to key staff members and that plans have been made to respond to emergency situations as they arise. 2. Department Heads will be apprised of likely situations wherein their staff members may be called upon to respond to the requirement for emergency services. 3. When an emergency situation arises that requires staff to respond in off-duty hours, the responsible department head will staff the situation with employees, providing as much advance notice as possible to those who will be affected. Whenever nonexempt employees are required to work in other than normally scheduled times, provision for compensating for services rendered will be made and communicated to employees. Refusal to report to duty when it has been made clear that the request is due to an emergency situation will be grounds for disciplinary action up to and including dismissal. ~ \,. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY . -,~5-:Ji~q' "r, ~);';;c:jh ..- . ..4_..,.,._._......._ AGENDA T TLE: Personne Policy - Emergency Staffing SUBJECT Request emergenc STAFF CO Messrs. BACKGRO The Cou operati related would r how to AGENDA DATE: June 1, 1994 ITEM ER. L1Q.OSI1) b.l) ACTION: INFORMATION: policy on CONSENT AGENDA: ACTION:----1L- INFORMATION: ATTACHMENTS: Yes ~--- t REVIEWED BY: Brandenburger ty, City of Charlottesville and the University of Virginia have adopted emergency ns plans which if implemented because of emergency situations such as weather- disasters or other emergencies requiring shelters, emergency transportation, etc. quire staff support. The County currently has no specific policy or regulation on eet the need for staffing in emergency situations. DISCUSS ON: The pro osed policy is provided for Board consideration and would allow department heads to call on staff during times of community emergencies to report to work during non- working hours. It would be the responsibility of the department head to alert employees of the ssibility to such a requirement and nonexempt employees would be compensated for hours sent on the emergency situation. Failure to respond on the part of an employee could s ject them to disciplinary action which could include dismissal. The proposed policy as reviewed by the Joint Personnel Policy Committee, Department Heads and the Employe Advisory Committee and is presented for Board consideration. Procedures and guideli s that will meet the staffing requirements, while recognizing unique employee circumstances, will be developed for use by department heads and employees. RECO Staff re ommends that the Board approve the proposed policy on Emergency Situation Staffing. 94.061 MAV . . DRAFT COUNTY OF ALBEMARLE PERSONNEL POLICY P-xx EMERGENCY SITUATION STAFFING The Commonwealth of Virginia Emergency Services and Disaster Law of 1973 r~quires that localities prepare and keep current an emergency operations p~an. Such a plan has been developed and adopted by the governing bodies of Charlottesville, Albemarle County and the University of Virginia. In a~cordance with this plan, the Board recognizes that emergency preparedness r~quires the careful planning for handling of disasters that affect citizens. Ip cases of emergency situations, i.e. weather-related disasters or other e~ergencies wherein the community is required to provide shelter, emergency transportation, etc., it may be necessary for Albemarle County employees to be c~lled upon to provide necessary services. In such instances, the Board e~pects that employees will respond to requests for emergency services and has e~tablished procedures whereby supervisors can meet the needs that arise. Regulation: Emergency Situation Staffing 1. In accordance with the regional Emergency Operations Plan, various departments are charged with initial preparedness for emergency situations that may affect employees. Each of these departments will assure that the Plan is familiar to key staff members and that plans have been made to respond to emergency situations as they arise. 2 Department Heads will be apprised of likely situations wherein their staff members may be called upon to respond to the requirement for emergency services. 3 When an emergency situation arises that requires staff to respond in off-duty hours, the responsible department head will staff the situation with employees, providing as much advance notice as possible to those who will be affected. Whenever nonexempt employees are required to work in other than normally scheduled times, provision for compensating for services rendered will be made and communicated to employees. Refusal to report to duty when it has been made clear that the request is due to an emergency situation will be grounds for disciplinary action up to and including dismissal. DAVID R. EHR COMMISSIO ER Ms. Boar Coun 401 Char ,~ r ){i ,::'~- ?, _ 0:-1 -~.,.; ~ . /-- ,,' \1::-14:::.(,;- :::1..,\ L>I',+(J) ,1..1"-) .<-~ J ; " -..._~- ~~ ~ .- 'Ie;, (' \ - i: i' ! MAY COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 ,......,..w: D. S. ROOSEVELT RESIDENT ENGINEER May 6, 1994 Route 654, Albemarle County lla Carey, Clerk of Supervisors y Office Building cIntire Road ottesville, VA 22902 Dear Ms. Carey: The Board of Supervisors requested at recent meetings that the signal at the inte section of Barracks Road and Georgetown Road be rephased to include a protected left turn movement for traffic turning left from Barracks Road to Georgetown Road. Plea e advise the board that this change will be made. The left turn phase will foll w the through movement of traffic on Barracks Road and will precede the green sign 1 for traffic approaching Barracks Road on Georgetown Road. The Traffic Engi eer advises me this will require some modifications to the signal and will have to wait modifications of other signals which have a higher priority. This means ther may be some delay in implementing this change. Please advise the board of the reso ution of this matter. DSR/ mk Yours truly, 7-) r~ "f\ ~-S 'C.0 <E.. ~ , D. S. Roosevelt Resident Engineer cc: J. S. Hores TRANSPORTATION FOR THE 21 ST CENTURY George A en Govemo .r MAY . COMMONWEALTH of VIRGINIA Office of the Governor ,._.~..,~._--.-. --,- Betsy Davis Beamer Secretary of the Commonwealth r~ay 4, 1994 f,~s!rlbuted r,! Hoan1: .!j--/3-QLj Agenda 11elr; . qj~O~!2)~')~~ Lj \. -~----.-:,-..~-",.l:- f ) M . Ella W. Carey C erk A bemarle County Board of Supervisors 4 1 McIntire Road C arlottesville, Virginia 22902-4596 D ar r~s. Carey: Thank you so much for your recent recommendation of Mary-Scott B. Birdsall r appoinbnent to the Moormans Scenic River Advisory Board. The willingness to rve on the part of dedicated citizens is much appreciated. The commitment of the thousands of individuals who serve on the C mmonwealth's boards and commissions is an integral part of making our g vernment run smoothly and efficiently. Please know that your candidate will receive full consideration as pointments to this board are considered. Should you have questions or need rther information, please feel free to contact me or a member of my pointments staff. Thanks again for your interest. With best regards, I am Sin ce re 1 y , B~~ BDB:sdm P.O. Box 2454 · Richmond, Virginia 23201-2454 · (804) 786-2441 . TOD (804) 371-8599 t: )1) c:-., . ?-.o. ! "qy D5$. U5,5) ./ >\g~n Ja j:'(;; ..~ Iter F. Perkins, Chair bemarle County Board of Supervisors 1 McIntire Road arlottesville, VA 22902-4596 >;i~) ~~~:t;~, , . ~-.._-_.....:.~""'---..,~..~~_,...c Jefferson Area Board for Aging (JABA) Advisory Council I was appointed to the Advisory Council in June 1990. Since that t'me, I try to make brief semi-annual summaries of activities in a effort to keep the Board of Supervisors informed of issues. e Advisory Council is mandated by the Older Americans Act. consists of individuals who are active as advocates for the derly in various community organizations. The Council meets e third Tuesday of each month, usually at the JAUNT ministrative Building. We try to conduct Public Forums at. ast once a year at a meal site located in each of the 6 calities which make up JABA. Additionally, most members act as dividual advisors to JABA staff in various capacities. jor issues in process since July 1993 include: Mission and Goal Statements. JABA believes that all people, gardless of age or economic status, are worthy of dignity and spect - and that they should be recognized as having the same nts and needs as others in the community. In fulfillment of is belief, we have adopted as our principal mission... To mobilize and coordinate resources as efficiently as possible for the community-based and in-home care of older and disabled persons at risk of losing their self- sufficiency - and for the support and enduring well-being of those persons' family caregivers. T put our Mission Statement into action, JABA will endeavor.. To serve as the highly visible point of access to information and services for persons over the age of 60, their family caregivers, and others needing long term care within the Thomas Jefferson Planning District (TJPD). 2 Capital Funds Campaign. The JABA Board of Directors has a proved the fund raising feasibility study. Both the Thomas J fferson Adult Healthcare Center (AHC) and JABA administrative o fices are operating at capacity. The new AHC will be a family c re center with "one stop shopping" including day care, clinic, h me safety and other allied activities. ..J" J fferson Area Board for Aging Advisory Council Report P ge 2 3 Transportation Committee. Local access to suitable t ansportation continues to be a major problem for the elderly a d persons with a disability for many reasons: * Construction of several total living nursing homes in the region. * Albemarle is considered one of the top areas to retire. * The younger population is moving to areas with better employment opportunities leaving the elderly and infirm to fend for themselves with limited or no resource. * People are living longer through better medical practice. * The 85+ age population which has many needs will continue to grow at 3% per year to 2020. Commission is forming a consumer advisory committee to udy these issues and how they affect transportation. This mmittee will work closely with JABA to maximize resources and duce duplication. Public Hearings. Advisory Council hearings were conducted intly with the Virginia Department of Aging in all 6 risdictions belonging to the TJPD. The joint hearings were ld to listen to the concerns of the general public relating to rrent and future needs of the elderly and their caregivers. ditionally, the hearings allow us to personally visit with rticipants of JABA's services and discuss issues. JABA is mmitted to these visits and senior staff members participate. have all received a new awareness of the problems the elderly d persons with a disability face with poverty, health, cessibility, and lack of transportation. New Senior Centers. The Carver Senior Center officially opened its doors on December 1, 1993. Additionally, both the uisa and Greene Senior Centers have moved to new locations. contact me if you would like additional information about activities of JABA. >-e~~lliJ(fJ2~ Cfv bert J. Walters, Jr. 45 Ravens Place arlottesville, VA 22901-7527 Gordon Walker, Executive Director Leicester Handsfield, Chair Advisory Council Melvin A. Breeden, Albemarle County Director of Finance ~ AT.... P.O. Box 334 ':'ro<"~ \,' Belcamp, Maryland 410-575-7412 5 L~~qq <.. _.,.,~ ClLr 0518.{~1~:>) 21017 .'}3C~f-j:,;/.>,j'. ,,\L SERVICES !f"i{~ May 9, 1994 ....<>'"...,_. Mr. Bob Richardson S vran Bank, N.A. P st Office Box 26904 Richmond, Virginia 23261 Arbor Crest Apartments (Hydraulic Road Apts.) Mr. Richardson: closed please find the Bond Program Report and Monthly Report rsuant to Section 7(a) of the Deed Restrictions for the month April 1994. you have any questions, please do not hesitate to contact me 410-575-7412. _,VU~~ UNl/fYt f)l.pticfut 1,,- eila H. Moynihan oject Monitor Ms. EllaW. Carey, Clerk, CMe Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 Effective April 30, 1994 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lombard Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Arbor Crest Apa.rt:rrents Charlottesville, Virginia Pur~uant to Section 7(a) of the Deed Restrictions (the -Deed Res~rictions.), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Alb~marle County, Virginia (the -Authority-), and your bank, as trustee, the undersigned author ized representative of Ric~mond-Albemarle Limited Partnership, a Virginia Limited Partnership (the -Purchaser-), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlottesville, Virginia (the -Project-), that as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 20 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- . 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 46 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 30%. 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of May 5, 1994 , ~. RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~..#-1AZZ;;..; ~7!P~ Authorized Representative I I aONe PROGRAM REPORT Monlh April y 1994 M'_ PIO~ny: ~rbor Crest Apartments (Hydraulic Road Apts. ) P . 051-35371 rOJeCt .: Location: Charlottesville, VA Number 01 Unlit 66 S",bm.l1ta ~y. Loretta Wyatt May 5, 1994 Effective 4/30/94 Mat\&~r Oatl Total Occupied 66 LOW'll INCOME Bond Occupied 20 I. the 10110 .. ng un I" I'\IYe been drs.gn.alld as ..towel Incom." units 1 rbor Crest Dr 21 Dorothy B. Hubicsak , 41 61. 4 j\rbor Crest Dr 22 Beverly T. Lane 2 42 62. 3 5 y\rbor Crest Dr 23 Margaret L. Mawyer 43 63. . 9 ~rbor Crest Dr 24 Virginia Burton 44 ... S 12 ~rbor Crest Dr 25 G. Robe'r:t Stone 4~ as. 6 14 Arbor Crest Dr 26 Evelyn Dover .e ee. 7 15 Arbor Crest Dr 27 Jane Wood 47 67. a 20 Arbor erest Dr 25 Evelyn Mandeville .8 61 9 24 Arbor Crest Dr 29 Gertrude Breen .9 68. '0 30 Arbor Crest Dr 30 Mary Cox Allen ~ 70. . " 44 Arbor Crest Dr 3t Sam M. Atherton ~, 71. '2 56 Arbor Crest Dr 31 Violet DuCharme ~2 72 '3 76 Arbor Crest Dr J3 Barbara Datz ~J 73 U 78 Arbor Crest Dr J4 Ernest M. Nease 54 74. IS 84 Arbor Crest Dr 3~ Juanita Boliek ~~ 75. 16 90 Arbor Crest Dr 36 Betty B. Elliott ~ 76 I 7 92 Arbor Crest Dr :11 Dorothy H. Reese ~1 77. 18 94 Arbor Crest Dr J! Sarah E. Fischer ~. 7a. 19 102 Arbor Crest Dr :19 Anne Lee Bullard ~9 7.. 20 106 Arbor erest Dr .0 Katherine T. Nowlen 60 10. T t\C en. ~s 'rom prcvIOu' repnr' 1t-lIce'cd in Ihe abOv. hl"ng 'r. Oelellotl. A6d l1Iona to H 1 . 56 Arbor Crest Dr ",violet DuCharme '2 12 2 12. 3 13 3 13. 4 '4 4. ,.. ~ ,~ 5 15. 6 16 6 11 7 \1 7 17. I ,a I 11.. I '9 t ". 10 20 10. 20. \. . .r' -). r-' ~." '~(J!"FY (\1:' AI 8E-o'ARlE ., d..,....j \, fk:'l d ..2.."/ t" '",'l . ..... ,iVi .... ~.' ",..~':' l~' ~: ,~( ". - -.,,' _ - j- ",:~~.' ;'''';~r r;:j flr'! rtt7::1 r .)"M,/., '. . '.. Ulj{.'LlS" M'..ff....,).,.,.~..~."..:..,.,.,..,.,:.A,.L..i;. j'm' ",,, . -:;1 ~;",.,~!~ i,:,",~ -t". _T) ! ,'. . . ""'''\j '. I J. .,.. .. --,,,/. , . .f' '\ ! [ ~. _lnJ"7~ I:.:'.'/j MAY 6 1994 'I'W!i I' W -. M I!~' II ' oJ, ~ .'. ',. I .I. l '~'''i.t: Ii.. " ".u..~",~"..I, U '\' , '-J U ',; I l.l.... /"'<<;\l,l\1' __...J ::::::! E::XECUTlVE OFFICE COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (H04) 2965H23 '~"~'-' MEMORANDUM FROM: Distribution List Tex weaver:v{nformation Resource Planner TO: DATE: May 6, 1994 RE: Enhanced 911 Implementation Schedule As a result of a series of meetings held on April 27 and 28, 1994, with local telephone companies, the Post Office, emergency service providers, and representatives from the City of Charlottesville, County of Albemarle and University of Virginia (UVA), the Enhanced 911 Implementation Schedule has been revised to reflect necessary program element adjustments (attached). The revised Enhanced 911 Implementation Schedule reflects strict time-lines which must be adhered to in order to meet the specified project completion date of January 1, 1995 as established by the Charlottesville/Albemarle/UVA Emergency Operations Center Management Board. While the time-line for Program Element 12, TELCO Database Development, currently extends beyond the established completion date, efforts are being made to determine what could be done to improve the six (6) month time- line quoted for database development. I Please note that provided Program Element 1 is completed by the first week of June, the Post Office will be in a position to perform new address notifications on August 22, 1994 (Program Element 10) with a new address effective date of September 2, 1994 (Program Element 11). Again, thank you for your participation in the meetings held last week. I hope that the information which was shared proved to be of benefit to you. Should you have any questions regarding the attached schedule, please do not hesitate to contact me. ( t ~- ... .. - 0: c w w u ~ :z ;:) C C x w '" :z x ';1. w u II) ..... C II'l :z i5;:;' c - ~ .... 11 c .... .... (/) ~ :z ':; w :IE: ., ~ W L ~ ..... 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AGENDA T TLE: SP-93-41 Pagebrook Farm AGENDA DATE: May 18, 1994 ~: Y4 .{Y--\ ILl .~5t ACTION:----1L- INFORMATION: BACICGRO At its noted applica Sununary Conuniss and let Agricul to Planning CONSENT AGENDA: ACTION: SUBJECT New info Conunissi STAFF CO Messrs. Cilimberg, Ms. Hipski REVIEWED BY: INFORMATION: ATTACHMENTS: : eeting on April 14, 1994, the Albemarle County Board of Supervisors sent the above tition back to the Planning conunission for further review of new information. The t submitted the enclosed book entitled "Agriculture and Stream Enhancement Plan Report for Pagebrook Farm," from McKee, Carson. Information for the Planning on includes two additional letters (letter dated 4/5/94 from J. Robert Hume, III er from Peter R. Taylor) and an information book by the U. S. Department of ure entitled "Stream Habitat Improvement Handbook." RECOMME ,mATION: Staff h s reviewed the information (see memo dated April 14, 1994 from Yolanda Hipski). The new information explains better the design and the intended agricultural uses. The Departm nt of Engineering has reviewed the new information (see memo dated April 14, 1994 from Do Franco). Staff reconunends approval subject to the four conditions reconunended by the Dep rtment of Engineering memo of April 14, 1994: (1) partment of Engineering approval of Final Dam Design Plans and drologic/hydraulic computations. (2) ter Resources Manager approval of the Water Quality Impact Assessment. (3) partment of Engineering approval of the Erosion Control Plan. (4) C mpliance with applicable Federal and state permitting requirements for activities w'thin perennial streams. 94.063 !" , ~\ ~ ,; : MAY i'l, , ~", "'. - to fj.'ar1 c:'" 13-<]tj., r'r-,' ',,''1''"\/ ,- ,_ 'qwl , _.,.....t__.~ ,",'~' ~-,_. "" 1],- ALBEM~RlE Alt"" 'J f.. ~ {\511fi2 Ic}. av, . ."q\ '_._, aM '. , u~ G, . , " , l~ .. rU:=J~ . ' ".-...-. .1'-'...(,1 F . I f~~ t~' MAY,:2u:~:~) r , !..::.:.-. U l!::::J U C:..r~ECUTlVE OFFICE COUNTY OF ALBEMARLE Parks and Recreation Department County Office Building 401 Mcintire Road Charlottesville, Virginia 22902.4596 Telephone (804) 296.5844 MEMORANDUM TO: Albemarle County Board of Supervisors FROM: Patrick K. Mullaney, Director of Parks and Recreationt11(fit DATE: May 11, 1994 RE: Bike Virginia 1994 st a reminder that on June 27 and 28, Charlottesville and Albemarle County will play host to the 1994 Bike Virginia Bicycle Tour. Bike Virginia is a ive day bicycling event held each June through different sections of the st tee It is a fun ride - not a race - for all ages and abilities. are expecting 1,500 cyclists from more than 40 states to participate. The b nefit to the local economy as a result of this event is estimated at $90,000. Host communities also reap the benefits of state and national media covera e that Bike Virginia typically draws. Bike Virginia also compensates the ho t communities for any expenses incurred as a result of this event. A portio of the proceeds from Bike Virginia go to support the Special Olympi is year's tour will leave Waynesboro and arrive at Darden Towe Memori I Park on June 27. Towe Park will serve as the Welcome Center and Tent C'ty for the cyclists during their stay in our community. That evening, Downto n Charlottesville will host an event on the mall for the cyclists. On June 2 the cyclists will take day trips around our community and then return to To e Park. Ash Lawn will host an event for the cyclists on the second evenin of their stay. About 1,100 of the cyclists are expected to camp at Towe P rk, with the remainder choosing the comfort of a motel or hotel. The Elks C ub has agreed to prepare breakfast for the cyclists. proximately every 15 miles along the tour route the host communities ponsible for setting up rest stops for the cyclists. On June 27 there a rest stop at Walnut Creek Park. Some rest stops will serve as fund opportunities for the local organizations and clubs that staff them. Virginia Committee has been meeting since November to prepare for the event. The Committee has representatives from VDOT, City/County and State POlice, the Parks and Rec Departments, Downtown Charlottesville Inc., Chamber of Co erce, the Visitor's Center, the Elks Club, and the local bicycle clubs. ease feel free to call me if you have any questions or would like nal information about this event. i COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 '1': (1 1 . .~ ( ~'l I ," f~ F~ .. ay 12, 1994 agebrook Farm, Inc /0 McGuire, Woods, Battle & Boothe ttn: steve Blaine . o. Box 1288 harlottesville, VA 22902 SP-93-41 Pagebrook Farm Mr. Blaine: he Albemarle County Planning Commission, at its meeting on May 10, 1994, unanimously recommended approval of the above-noted request to the Albemarle County Board of Supervisors. Please ote that this approval is subject to the following conditions: 1. Department of Engineering approval of Final Dam Design Plans and hydrologic/hydraulic computations; 2. Water Resources Manager approval of the Water Quality Impact Assessment; 3. Department of Engineering approval of the Erosion Control Plan; 4. Compliance with applicable Federal and state permitting requirements for activities within perennial streams. The Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 18, 1994. Any new or additional information regarding your application must be submitted to the Clerk of the Board Supervisors at least seven days prior to your scheduled hearing date. Pagebrook Farm, Inc Page 2 ay 12, 1994 If you should have any questions, regarding the above-noted action, please do not hesitate to contact me. Sincerely, , iolanda Hipski Planner YH/jcw cc: Ella Carey Amelia McCulley Jo Higgins McKeee/Carson COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: (SP-94-41) Pagebrook Farm File Yolanda A. Hipski, Planner~ May 5, 1994 Information given to Planning Commission for the May 10, 1994 hearing ase note there are two versions of the Pagebrook Farm emarle Count , Virginia Agriculture and Stream Enhancement n Summar Re ort. One version is dated April 7, 1994 and the ond is dated April 19, 1994. Per the consultant, the latter tains two additional letters, a revised cover letter, and a ised run of the HEC-2 water surface profile program. One ter is addressed to Steve Driver from V. Robert Hume, III and ed April 5, 1994. The second is from Peter R. Taylor and was eived by the Planning Department on April 27, 1994. On May 3, 4, the Planning Department received a letter from James O. en to Ms. Yolanda A. Hepski (sic) and is dated May 2, 1994. J. O. Green letter is not included in the packet. three letters have been forwarded to the Board of ervisors. This should supplement the April 7, 1994 document. Board and Planning Commission both received Stream Habitat rovement Handbook by the U. S. Department of Agriculture. /blb CC Ella Carey JAMES O. GREEN h......lE r>;cEIVi.""-'n ~ KlO~ ...(.p. 1:..: it.:lt~ May 2, 1994 · :/~ f.) 1994 Ms. olanda A. Hepski Cou ty of Albemarle Dep. of Planning and Community Development 401 clntire Rd. Cha lottesville, Va. 22902-4596 Ref: (SP-93-41) Page brook Farm Planning ~)(jpt Dea Ms. Hepski. We own and reside in the property known as Willow brook Farm whicll is on the west side of Rt. 231, contiguous to Pagebrook Farm. Our property lies upstream from Pagebrook on t e Mechunk Creek. f Tflis letter is to register our objection to the petition of Pagebrook Farm to construct six pounding structures in Mechunk Creek on the east side of Rt. 231. My wife and I will be f town on the meeting date of May 10. We will appreciate that you present this letter of st to the above petition to the Planning Board in our absence. The Board will recall that we presented a video tape of Mechunk Creek in 1Iood stage in arch 1993 at their meeting of Tuesday, February 8, 1994. It was our purpose to dem nstrate the volitility and unpredictability of Mecflunk Creek. As a result of annual flood stag s our property suffers fence, pasture and driveway damage. A Mecf1unk flood occured agai in March of this year. It is our concern that any obstruction in the Mectlunk bed would caus the back-up of higher flood waters onto our property, possibly resulting in more severe dam ge to us. Mechunk Crek normally flows as a gentle country brook at a steady but limited volume. ur six year observation that during the summer drought periods the flow virtually stops. the tream enters a stage of no flow, stagnant algae covered pools for several mid summer wee s. It is therefore our additional concern that any deterent to this annual reduced flow will resu t in depriving downstream properties of whatever limited water flow they might now enjo . The downstream enviromental impact of man's interference with nature will not be desi able. For these reasons we request that the Planning Commission reiterate Uleir denial of etition in their recommendation to the Board of Supervisors. JOG bcg Respectfully sUb(ri' WU-Y 0 iJiH'L- James O. Green Willow Brook Farm. P 0.287 . Keswick, VA 22947 . 804-293-2805 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 agebrook Farm, Inc /0 McGuire, Woods, Battle & Boothe TTN: Steve Blaine . O. Box 1288 harlottesville, VA 22902 SP-93-4l Pagebrook Farm Mr. Blaine: e Albemarle County Board of Supervisors, at its meeting on April 14, 1994, ent the above-noted petition back to the Planning Commission for their urther review of the petition since they did not have all of the information ow available to the Board, i.e., "Agriculture and Stream Enhancement Plan ummary Report for Pagebrook Farm" from McKee/Carson. Therefore, this item as been scheduled for public hearings as follows: COUNTY PLANNING COMMISSION, TUESDAY, HAY 10, 1994 COUNTY BOARD OF SUPERVISORS, WEDNESDAY, HAY 18, 1994 oth of these meetings will be held at 7:00 p.m., Meeting Room #7, Second loor, County Office Building, 401 McIntire Road, Charlottesville, Virginia. ou will receive a copy of the staff report and tentative agenda one week rior to the Planning Commission meeting. REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE MEETINGS. If you should have any questions or concerns about this petition or schedule, please do not hesitate to contact me. Sincerely, .; eL V "~be~{_~ D rector of PIa 'ing & ommunity ~a Carey Development c McKee/Carson PR 14 '94 03:11PM WFS INST SALES P.2 -... . .. All ~oard of Supervisors ~bemarle County I l/rn: Pagebrook Farm Stream Enhancement Plan I I +s the landowner most affected by the Pagebrook Farm stream enhancement plan, I thought I would convey my positive sentiment towards the proposed plan in an effort to facilitate your pproval process. My farm (Eldon l<'ann t.a Broomfield Inc) lies immediaLc::ly dowllstream from agebrook. The Mechunck creek traverses my property for approximately a mile and provides t e primary water source tor my cattle herd. Despite my dependence un the water flow, I see othing in the plan that worries me, In fact, I believe that the downstream dwellers will benefit om better water quality resulting from the livestock impediments. I I Iryou have any questions, please feel free to call me (804-182-3521) wurk.. ! ! I I Thank you ~J: /2 ~:? Infl- A~ ..~~/7'(/~AC/ COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: Yolanda Hipski - Planning Department Don Franco - Engineering Department 0(- 14 April 1994 RE: Pagebrook Farm he Agriculture and Stream Enhancement Plan Summary Report for the above referenced site as been reviewed. As we understand, this document was submitted for use by the Board of upervisors in response to the concerns raised by the Planning Commission. e Virginia Department of Environmental Quality is the regulatory agency responsible for nsuring minimal in-stream flow criteria are met. We recommend consultation with the ounty Attorney for discussion of riparian rights. This Department will oversee the evelopment and implementation of water quality and erosion control measures to ensure that he proposed construction does not negatively impact adjacent and downstream properties. e recognize off-stream watering of livestock as a sound practice and are of the opinion that he additional detail presented in the study supports our original position. This Department ecommends approval subject to: Department of Engineering approval of Final Dam Design Plans and hydrologic/hydraulic computations. Water Resources Manager approval of the Water Quality Impact Assessment. Department of Engineering approval of the Erosion Control Plan. Compliance with applicable Federal and state permitting requirements for activities within perennial streams. lease contact me (x3860) at your earliest convenience if you have questions regarding these omments or require additional information. CF: Jack Kelsey Job File - SP 94-041 Reading File - sp9441_b.yah COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMO DUM TO: V. Wayne Cilimberg, Director of Planning & Community Development FROM: Yolanda A. Hipski, Planner DATE: April 14, 1994 RE: New Information Received April 8, 1994 for (SP-93-41) Paqebrook Farm As re ested, I have reviewed the above. your u If I I am forwarding my comments for of additional help, please contact me. A ricu ture Proposes an 180 head cattle farm. Agricultural uses to be fishery and livestock. Fishery shall be "semi-commercial". Current ponds are fed by runoff only (no springs). Therefore, they become poor in quality during summer. Applicant discusses two options - pasture pumps and feeding the existing ponds from the new ponds. The applicant does not indicate which option they will pursue. The applicant states that about 0.3% of the average base flow in the stream shall be used. v. Wayne Cilimberg Page 2 April 14, 1994 Desia~ of Ponds - The previous information proposed a different dam design. - This new design, explained on page 5 and shown on figures 45, 46, 47 and 48, appears to be smaller in scale and of less disturbance than the originally proposed design. - I would point out that the stream example shown in these figures tends to have a smoother shore transition than those existing on Mechunk Creek. - The applicant has provided letters of support for this design from several state agencies (Department of Environment Quality, Department of Game and Inland Fisheries). - On April 14, 1994, I discussed these issues with steve Driver of McKee-Carson. There will be no widening of the stream as previously proposed. The applicant intends to place one, possibly two, layers of logs similar to that shown in the figures. Each log shall range in diameter from 14 inches to 20 inches. Should a smaller log be used, the applicant shall place two layers. Should a larger log be used, the applicant shall place one layer. Y~/b]b PR 14 '94 03:29PM WFS INST SALES P.2 oard of Supervisors Ibemarle County Pagebrook Farm Stream Enhancement Plan s the lando'wner most affected by the Pagebrook Fann stream enhancement plan, I thought I ould convey my positive sentiment towards the proposed plan in an effort to facilitate your pproval process. My farm (Eldon Farm t.a. Broomfield Inc) lies immediately downstream from agebrook. The Mechunck creek traverses my property for approximately a mile and provides he primary water source for my cattle herd. Despite my dependence on the water flow, I see othing in the plan that worries me. In fact, I believe that the downstream dwellers will benefit 'rom better water quality resulting from the livestock impediments. If you have any questions, please feel free to call me (804-782-3521) work. Thank you PJ:, (2 ~l ~n- RECEIVED ..)W 'J 71Q94 . .. .. c.. ,/ Planning Dept. COUNTY OF ALBEMARLE \l~ ,.' ~ ~c':"~":- ~:',~'~~ . f'j~ -.- MEMORANDUM TO: FROM: DATE: RE: Yolanda Hipski - Planning Department Don Franco - Engineering Department 0\-:::- 14 April 1994 Pagebrook Farm he Agriculture and Stream Enhancement Plan Swnmary Repon for the above referenced site as been reviewed. As we understand, this document was submitted for use by the Board of upervisors in response to the concerns raised by the Planning Commission. he Virginia Department of Environmental Quality is the regulatory agency responsible for nsuring minimal in-stream flow criteria are met. We recommend consultation with the ounty Attorney for discussion of riparian rights. This Department will oversee the evelopment and implementation of water quality and erosion control measures to ensure that he proposed construction does not negatively impact adjacent and downstream properties. e recognize off-stream watering of livestock as a sound practice and are of the opinion that he additional detail presented in the study supports our original position. This Department ecommends approval subject to: Department of Engineering approval of Final Dam Design Plans and hydrologic/hydraulic computations. Water Resources Manager approval of the Water Quality Impact Assessment. Department of Engineering approval of the Erosion Control Plan. Compliance with applicable Federal and state permitting requirements for activities within perennial streams. lease contact me (x3860) at your earliest convenience if you have questions regarding these omments or require additional information. CF: Jack Kelsey Job File - SP 94-041 Reading File - sp9441_ b. yah DEPARThENi 0;: THE ARiW ~ I ~ L ~<~ D 1 ~-:J T Fi : C ., . C. r:;: r' " r i::" N C. iN t::: L H'r ~..J O!~ F 0 t. f\ fhl_":~ F- i-I n i-~"; ::, 'j r-i Coo r:-~ NOf--~ C'L.:\, \./I':-\C!~j:,.\ 2351;)-lC}b He.PLY TO ATTENTION OF ,1 ,/ic;:;tcnl Vir(jinia [\1.:''1u 1(\t ocy :: I }'iect11Jflk. (~ree}~~)' 1..', ~_ ( ) I; }r. St~ve Driver I c 1< l,' E' / C a :C' .'; 0 n '56 East Iii Street lharlottcsville. vi lnl ')'J (i T (:car HI. DCl VO;.' : '1'hi.<:; is wi t1'1 re~Jard tu "j'Ulll S t r.-tl c L t: r e ;-:; )1 ()1J [) 1- () }:)() ;~; c t () t)l__~ i .1 c1 in 1\1 Ie :a L'; I1iY il '! e }~ -cl;::l~rl.~; ,! \,,/0.1. 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III L~l-LL;:~; c: :; i l~ :.:; CJllll (1:-; : ~') cred .c: c!. t.: 1 1 r ll,: b j " '/ 'HI pn)[)o::;(' may qualify 1:0:' CUlp:; I:Ell' .LUfl\'/lcl W ) r kin h (' cl cl w ate r s ( ,':; e e C' n 1 u:; c'd). vJ C' t- 1C)r;C r)art:=; ()[ (~l .';t-re(-::jlIl \'/(-1 :. C' t-~--l() (11_-\:~l.11Id(Je . vc :;quare mi 1 C';~ . t- 1'- L l_ (., You :;huuJd cOn\cl('1 I'll'. o:ficc at (3D::;) 2J)-2J/jc) fen:' j::J'rl'iit reCJ:uirement:~ for thi,; T'I7 t) _.1.. \ \, ~_i () [ .\'.; rJCC j_ f L C tl ,(:1 L-)Ul'CJ J: -1 [U rrr:.< ,~, ,'l :_,'-L C'.~ IClC)I--C! ,. , l '1 (~_' r)rc) .-; c:c: t . t\ :',;.1 '~-_' (, \ [) C 1 ~jv,--___ \ . J ~/v,--: i U, ~ \ hU;i(ll't. lltU:"iC,. "-'J i, \~.). ______J.ll.l C" \,\l( ';--; 1,'_"1 j-) \/ I <j I-~'/ c t i 'j , , El cJo.';ure C:( 1):/ Ft~r~-l.i ~~-~Ylecl (w / C';' l~::{l 1.): D'_pu1.:Uricnt of Envi:cJjjli,Cili:dl ~ I '-", r J f i~ j, (: ~-i l"jcl RECE'V-ED tYI-t ~ 7 1994 Planning Dept. McGuI REWOODS BATTLE&BooTHE Trans tomac Plaza Suite 1000, 11 North Fairfax Street Alexandri , VA 22314-1437 Court Square Building Post Office Box 1288 Charlottesville, Virginia 22902-1288 One James Center 901 EaSt Cl\ry Street Ricbmond. VA 23219-4030 '--n;;-kmy and Navy Club Building 1627 Eye Street, N.W. Washington, DC 20006-4007 8280 G ensboro Drive Suite, , Tysons Comer McLean, VA 22102-0346 Phone: (804) 977-2500 (VoiceffDD) Fax: (804) 980-2222 250 Avenue Louise, Bte. 64 1050 Brussels, Belgium World Trade Center Suite 9000, I 1 West Main Street Norfolk, VA 23510-1655 associated office: P.O. Box 4930 Bahnhofstrasse 3 8022 Zurich, Switzerland Direct Dial: 1-804-977-2588 February 23, 1994 s. Ella W. Carey, Clerk oard of Supervisors ounty of Albemarle 4 1 McIntire Road arlottesville, VA 22902 e: SP-93-41; PageBrook Farm Confirming our conversation this afternoon, we request on behalf of our client, a d ferral of the Board of Supervisors' public hearing for this matter. The originally s heduled hearing date was March 9. I understand that we may be scheduled for a public h aring on April 14, which is a Thursdav night meeting. I also understand that you will t e care of the advertising and any other appropriate notices to interested parties. Very truly yours, ~~ /itm U: 588\1994LTR\EC4224.swb David P. Bo rman Charlottes ille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 229024596 (804) 296.5843 FAX (804) 9724060 Charles S. Martin Rivann3 Charlotte Y. umphris Jack Jou tl Walter F. Perkins White Hall Forrest R. Ma shall, Jr. Scottsvile Sally H. Thomas Samuel Miller February 18, 1994 P gebrook Farm, Inc. ttn: Steve Blain P. O. Box 1288 C arlottesville, VA 22902 RE: SP-93-41 - pagebrook Farm Mr. Blaine: This letter is to inform you of the Board of Supervisors' schedule for its rch 9, 1994 meeting. The first item on the Board's agenda for this meeting is public hearing to receive comments on the 1994-95 County budget. The Board is lowing approximately two hours for this public hearing. Your petition and tree others will be heard following that item which will not end until at least 9:00 p.m. The meeting will begin at 7:00 p.m., in the Auditorium on the Second Floor the County Office Building. If you do not wish to be present at the beginning the meeting, you may wait until 9:00 p.m. to appear. I hope this does not use any inconvenience, we simply wanted to inform you of this delay should you oose not to attend the budget hearing. Should you have any questions or concerns, please do not hesi1:ate to c ntact this office. E C:mms ~Sin~Ce~relY' . ;\ ! / /,- ~ tL IA.-/ (t(/ltt . lk W Carey, Clerk tr c Henry T. Crider James R. or M. Joann Faillace James O. Green Vincent L. or Dorothy E. Kinney Harry Morris, Jr., Etal. Welford Morris, Etal. Lamont & Doris W. 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() <'::1 0' ,.. ~::;H BL.\i)) HAWKINb, KENNE1H OR ~:)H 1 R i...E Y Pi C;:H (:'1 F' j') (,N C.: c::::: ;:::~ '1 C Ci X-:{ H j~:'1 jVj) V ,''-; ':O":":::''")C' ,.......,. ,,'..' !:.: J ~:; F' i... (:, (~ r:y ....1 kl I L.lu Ill' .., ... -.lit't i... T i.' :: PI f) j"1 {~, '1m 001' "The, () 'j ~.. :.,{, . ~. I" ~.. .. r i~' ~ t' 1- g ~" ~. 'f' $. tf.: ~. i l ~. ~ ~' $ .~ . ~ .~D~ GG~ ~Cl~) ~'J SP- ~- '-\ \ DATE: 1212] In I I I' ,..... - - County of Albemarle ~. ) Department of Zonil~ ~ 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875' FAX (804) 972-4060 ~~~~F~;O . ~f :( ( Y Amendment of SP ( ,) Deferral ( ) Extension of SP ( ) Withdrawal SPECIAL USE PERMIT , '"- \" ~\, .'" -\ ~~~ . OWN~ (as currently listed in Real Estate) Name Page brook Farm, Inc. Phone (804) 977 - 25()O c/o ~ICuUlre, ,wooas, ~attle &~ooth Attn: Steve Blaine Address P.O. Box 1288 'Charlottesville, VA 22902 ; ~ APPLICANT (if different from above) Name McKee/Carson . 256 E 1'1I!-1h .3L. Queen Charlotte Square Address Charlottesville, Va . 22902 . . Phone (804) 979_ 7522 ., CONTACT PERSON/DESIGNATED AGENT (if different from above). Name 5tel!e- ]r"~r[-tk~e.~tal;'~~~~~: ~. ~... -27_ Address ' LOCATION OF PROPERTY. East 'ofRoue 231 at Mechunk Cree~ PROPOSED USE :I<gr, Cultu, a 1 ME! 5TB UC,W!1h c; f N f: UYJ!JY( A;/ N PLEASE PROVIDE A DESCRIPTION AND Jgf~~ICAT~ OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP/PARCEL: ; l~_O S 0 Q Q -"Q..,Q ...."QQ' -'.Q34QCL 2. - :.!'l-t.~(~: -:- ";',. v.:_ i"'t'~":'.:~;.~'t"',fC"\";',.~~ :'~I{'; ----- -- ~".__"J;;' _._-__.._','.~ 3. ----- -- ----- ZONED: !J\'" ORDINANCE SECTION: EXISTING USE: rAR~ ( ) Special Permit ( ) Proff'ers Magisterial District site Review __/__/__ Planner: ACREAGE ~ ~;~~:::::t~~~ FLWD.~k&et::>."\,,. :\6~ ~. 1'1\1 e' '-^.( .... .;",' ( ) Variance ( ) Letter of Authorization Recommendation Planning Commission: __/__/__ Action: Board of Supervisors: __/__/__ Action: , . /- / / /// ~'// ""1",/ /, ~> .. ._1., _.._.._' ":r._ . ~;/",;y/~;/ j 5/ ,'._...,~_.. ..."" ~._.. ... f'<~. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 F ruari~ 10, 1994 ebrook Farm, Inc N: steve Blaine o. Box 1288 rlottesville, VA 22902 SP-93-41 Pagebrook Farm Mr. Blaine: Albemarle countip~anning Commission, at its meeting on ruary 8, 1994, unanimously recommended denial of the ve-noted request to the Albemarle County Board of Supervisors. '," ase be advised that the Albemarle County Board of Supervisors 1 review this petition and receive public comment at their ting on March 9, 1994. Any new or additional information arding your application must be submitted to the Clerk of the rd of Supervisors at least seven days prior to your scheduled ring date. you should have any questions or comments regarding the ve-noted action, please do not hesitate to contact me. Hipski cc Ella Carey Amelia McCulley McKee/Carson Jo Higgins e STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA A. HIPSKI FEBRUARY 8, 1994 MARCH 9, 1994 SP-'4-041 - PAGBBROOK PARM Petition: Pagebrook Farm petitions the Board of Supervisors to issue a special use permit for six impoundments in the Mechunk Creek floodplain [30.3.5.2.1(1)] on 315.86 acres zoned RA, Rural Areas in the Rivanna Magisterial District. Property, described as Tax Map 50, Parcel 34, is located on the east side of Route 231 approximately 0.25 miles north of the Route 231/640 intersection at Cash's Corner (see Attachment A). (Rural Area 2). Character of the Area: Mechunk Creek bisects the property north to south. There are wooded areas to the west and fields to the east. Four ponds are located on this property. At least two are located in open fields. The majority of the stream is in wooded areas. There are currently two dwellings. Slopes are rolling. APPLICANT'S PROPOSAL: . The applicant proposes to construct six (6) low impounding structures or weirs in Mechunk Creek to provide "a water source to enhance the agricultural character of the farm" (see Attachment B). The stream is approximately 1~ feet deep. The impoundments will raise the level to 3 feet and will cascade excess water. The channel will be widened an average of twenty feet. The stream bed will be gently sloped. SUMMARY AND RECOMMENDATIONS: The applicant has submitted technical information to the Engineering Department which has recommended approval with conditions (see Attachment C). Currently, there are two ponds on the property. During the summer, these ponds tend to dry. The applicant intends to maintain these impoundments as an emergency water supply for agriculture use. staff has reviewed this application for compliance with Section 31.2.4.1. Given its scale and additional review by the Engineering Department, this proposal should not harm adjacent properties. Given that the impoundments will support agricultural uses during droughty times, staff opinion is this proposal should not change the character to the Rural Area district. Given additional review by the Engineering Department, Water Resources Manager and State/Federal agencies, this proposal should be in harmony with the purposes and intent of the ordinance, with uses permitted by-right, and with the public health safety and general welfare. . 1 e Therefore, staff recommends approval subject to the following conditions: RECOMKENDBD CONDZTZONS OF APPROVAL 1. Department of Engineering approval of dam design and stream bank alteration plans; 2. Department of Engineering approval of hydrologic/hydraulic study indicating no rise in the off-site 100 year flood levels resulting from the proposed structures; 3. Department of Engineering approval of provisions for maintenance of stream water quality and quantity (i.e, water temperature, dissolved oxygen content, base flow during low flow periods) ; 4. Water Resources Manager approval of Water Quality Impact Assessment; 5. Department of Engineering approval of Erosion Control Plan; 6. Compliance with all applicable local, state, and federal permit requirements pertaining to disturbance of a perennial stream (if applicable); . 7. Compliance with all applicable local, state and federal permit requirements pertaining to construction within a flood hazard overly district. ATTACHMENTS: A - Location Map B - Applicants Proposal C - Engineering Comment I. 2 , e """'-~ ... , 604 ,'" ""'-... o , [8i7J';~. \,,/ NO,'h" ... . - ~"';'~ ~ \ F . LA'l'""-"1" " o 1.1 ~"-4' Fork ~ Iv . I I I I I I I I I 1\ 1 r RT 661 I I :- -------------- ------i-- EARL YSVILLE AREA 'OUR l'...ES ....." SC"~E ,. OR "llv Gf: . " .'/" <; ..,.,,,,,,, c >. ~\'l.66'l '-'-4"~~" ~ ~.,. r:l' ~ H~t!h"(1 C"'IJIJ" ,,,' )~ ~ iSo"l' . ~ ....... ., V ~~ I I I I I ~ ,'- s >::-l: 2~ V; ... " = <t-,,~ \ I \ } \ / , , , L \<~ . ,'; , .. , ~ - '.'..,. --, \ ... I, "__B \ \ , .' ,.....,,<r... ",-I /~v~ C' ~'i> 01.1 o'O~ Iv ,. -<. , r \ \ \ ~ \ \ \., '\ \ " ....sP-93-41 Pagebrook Farm j/J ~,? - '/ - li~: I I 1'-'01 / ~ -'rJ591 .., ~ ~o~"'" ~ ()~ , , [ITDJI / /- , ;/ t .( <J~ ~,- " ~"/<J/ I I I I I I I I I ~I I I I '" o 38-' ~_ ->.. " - wQO..:.... . "<'\\ ).1 '\\ /, \ l ".\ ~.1 / ~~~ j>: ~ .', \ ",/, '..""\.J .. -:\ .\\ ,,,, / '" :/~~~ .IA ., .. 67 e McKEE/CARSON CONSULTING ENGINEERS LANDSCAPE ARCHITEC1S PLANNERS 27 December 1993 Ms. Amelia McCauley Zoning Administrator Department of Zoning 401 McIntire Road Charlottesville, VA 22980 RE: Pagebrook Farm, Special Permit to build impounding structures in Flood Hazard Overlay District Dear Amelia: The purpose of this letter is to provide both a description and justification for the special use permit requested for construction of six low level impounding structures in Mechunk Creek on the Pagebrook Farm. . This farm contains approximately 440 acres of land located adjacent to and south of Route 231 just east of Cash Corner in Albemarle County, Virginia. A portion of the land is currently used as pasture for livestock and contains 4 small ponds. About one half of the site is open pasture while the other half consists of woodlands. The prevalent soils on this site are characteristically drought prone and, as a result, the agricultural character of this farm is somewhat suppressed. The existing ponds have very small watersheds and experience significant water loss during the dry summer months. The total watershed area above the proposed impounding structures is estimated at 2.8 square miles and contains 3 offsite ponds of various sizes north of Route 231. The creek itself is designated as perennial on the USGS map. However, after review by the Virginia Marine Resources Commission the creek is believed to be intermittent. VMCR therefore does not claim jurisdiction over this project. . The dams are to be designed and constructed in a way as to minimize the impact to the creek. In general, the dams would be approximately 2 to 3 feet high, the top of which would be below the natural creek banks. The creek would be widened some in the immediate vicinity of each dam.to facilitate impounding and \-vater passage. QUEEN CHARLOfTE SQUARE 2S", EAST HIGH STREET CHARLOfTESVILLE, VIRGINIA 22902 80,*-':179-7521 FAX: 80..-977-119.. e Ms. Amelia McCauley 27 December 1993 Page 2 of 3 On August 3, 1993 we held a pre application meeting onsite with the Department of Environmental Quality, the Department of Game and Inland Fisheries and the Army Corps of Engineers. According to the Corps and a preliminary evaluation of the creek by a wetlands consultant, impact to existing wetlands is expected to be very minimal, less than one acre. Tree species such as walnut, tulip poplar, persimmon, and maple are present along the creek and are not indicative of hydric soils. Based on the u.s. Department of Agricultural Soil Conservation Service map number 12 of 30, the prevalent soil types located on-site include 51 Manteo and 62 Nason. Other, less prevalent soil types include 80 Tatum, 46 lignum, 16 Chewacla and 95 Wehadkee along Mechunk Creek. . The Manteo soil which comprises about 40 percent of the land is characterized by it's droughtiness and the survival of seeds and seedlings is severely affected during the growing season. The other prevalent soil, Nason, is moderately well suited to cultivated crops, well suited to pasture and hay crops and has moderately high potential productivity for trees. The Mechunk Creek approximately bisects the farm in a north/south direction and, as a result, lends itself to the application of a water resource impounding system. The ponds would be used as a water source to enhance the agricultural character of the farm. The structures would be located at points along the creek that will minimize alteration of the natural environment and facilitate the agricultural use of the farm. The exact location of each would be determined in the field to minimize environmental impact, i.e. avoiding localized wetlands, minimizing vegetative loss, etc. The concept of the impounding structure is to provide a water source that can be integrated into and will blend with the natural environment with as little disturbance as is possible. The near vertical creek banks in the vicinity of each darn are to be laid back on a much gentler slope and seeded to diminish the existing sediment loss along the creek. . IAlliCHMEjTBI Page 3 e Ms. Amelia McCauley 27 December 1993 Page 3 of 3 Impact on the 100 year flood elevation is expected to be minimal. This will be checked and verified by modeling the creeks flow characteristics using HEC 1 and HEC 2 software for both the existing condition and after the low level dams are in place. The results of the hydrologic model will be submitted to the Department of Engineering for review. 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MEMORANDUM TO: FROM: DATE: RE: Yolanda Hipski - Planning Department Don Franco - Engineering Department 'O~ REceIVED JAN 2 6 1994 Planning Dep' l. 26 January 1994 Pagebrook Farm e supporting documentation for Special Use Permit (SP 93-41) to create 6 low level mpoundments on Mechunk Creek at Pagebrook Farm has been reviewed. This Department ereby recommends approval of the above referenced petition subject to the items and onditions listed below. 1. Department of Engineering approval of dam design and stream bank alteration plans. Department of Engineering approval of hydrologic/hydraulic study indicating no rise in the offsite 100 year flood levels resulting from the proposed structures. Department of Engineering approval of provisions for maintenance of stream water quality and quantity (i.e., water temperature, dissolved oxygen content, base flow during low flow periods). Water Resources Manager approval of Water Quality Impact Assessment. Department of Engineering approval of Erosion Control Plan. Compliance with all applicable local, state, and federal permit requirements pertaining to disturbance of a perennial stream. Compliance with all applicable local, state, and federal permit requirements pertaining to construction within a flood hazard overlay district. e . . Ms. Yolanda Hipski 26 January 1994 Page 2 Please note that Items 3/4 must incorporate specific design, construction, and performance standards required by the Items 6/7 regulatory agencies. Contact me (x3860) at your earliest convenience if you have questions' regarding these comments or require additional information. ACF: Copy: Jack Kelsey Dave Hirschman Job File - SP 93-41 Reading File - sp9341_a.yah e 2-8-94 5 (Ms. Huckle returned to the meeting.) SP-93-41 Pagebrook Farm - Petition to locate a total of six (6) impounding structures in floodplain on 315.86 acres [30.3.5.2.1.1] zoned RA, Rural Areas in the Rivanna Magisterial District. Property, described as Tax Map 50, Parcel 34, is located on the east side of Rt. 231 approximately 0.25 miles north of the Rt. 231/640 intersection at Cash's Comer. This property is not located in a designated growth area (Rural Area II). Ms. Hipski presented the staff report. Staff was recommending approval subject to conditions. . Mr. Nitchmann asked if all downstream property owners had been notified (in addition to adjacent property owners). He was concerned about downstream owners who might possibly be dependent on this water. Ms. Hipski explained that this gets into the area of riparian rights and that the "applicant, before obtaining engineering approval, is going to have to demonstrate that the downstream properties will not be negatively effected by the impoundments." She explained that the weirs would not actually be dams because water would actually flow over the top. Mr. Nitchmann noted that, even so, as water levels drop, the water would not flow over the top of the weirs and the downstream flow would be impacted. Mr. Nitchmann wanted some assurance that property owners, for a reasonable distance downstream, had received notification. Mr. Blue expressed concern about the fact that the Corps of Engineers and VMRC "declared this to be an intennittent rather than a perennial stream, then got out of any responsibility for it.~' He did not think that was the definition that has been used "all these years." Mr. Hipski explained that VMRC would consider this an intennittent stream if the watershed is less than 5 square miles. This watershed is approximately 2.8 square miles. (Mr. Blue noted that the county does not use that definition.) Ms. Huckle asked if staff knew what the water was to be used for. Ms. Hipski stated that the applicant is presently unsure as to the exact use. . Regarding notification, Mr. Cilimberg noted that the requirements of the Ordinance have been satisfied, and "beyond that next property which Ms. Hipski 2-8-94 6 pointed to, there would not have been notification for the special use permit." He added that the County would not be getting into a notification process which was connected with riparian rights. He was uncertain as to whether any of the other agencies involved in the permitting process would notify downstream property owners. Mr. Bowling briefly explained the meaning of riparian rights: "It is a Common Law concept which exists in the Commonwealth of Virginia which says you as a landowner, if you have a stream or a body of water ronning across your property, you have the right to use that property in conjunction with other downstream property owners, who also have the right to use that water which may run across their property." He added that it is a common law right and there is no formula attached which says what can be withdrawn. He stated that usually riparian rights violations are related to diversion of a stream or "making it go away." He was not aware of (in legal literature) instances were small farm ponds were in violation of riparian rights. Mr. Blue called attention to a discrepancy in the staff report, i.e. in one instance two existing ponds are mentioned, while in another place four are mentioned. Ms. Hipski explained that the applicant's letter refers to "four small ponds," but she had only been able to locate two small ponds when she visited the site. Ms. Huckle asked "what are the options if this doesn't work out on the ground as well as it does on paper." Ms. Hipski reported that the Engineering Department did not feel a bond would be necessary. Ms. Huckle called attention to condition No. 3 which requires "provisions for maintenance of stream water quality and quantity, i.e. water temperature, dissolved oxygen content, . base flow during low flow periods." Ms. Hipski explained those items would be part of the preliminary approval but would not be monitored by Engineering afterwards. She noted, however, that those items would be tied in with the Water Quality Impact Assessment under the purview of the Water Resources Manager (condition No.4). Mr. Blue questioned whether the Engineering Department would be able to enforce condition No.3. Ms. Hipski pointed: "This is a special use permit and the County does have the ability to enforce those conditions." . 2-8-94 7 e . The applicant was represented by Mr. Bob McKee, engineer for the project. (He was accompanied by Mr. Steve Driver.) Responses to Commission comments and questions included the following: -Fairly exhaustive, though preliminary, hydrologic studies have been submitted to the County Engineering Department. -- "We believe, and the Engineering Department concurs, that the impact to upstream properties will be negligable." -- "We believe, using normal and rational flow data... the impact on the eastern side of 231 would virtually be nil." -- "Based on our calculations, any upstream flooding on 231, west of 231, is the result of constriction of the box culvert under 231 and not a result of anything that might happen downstream. That's happening now and will probably continue to happen unless something is done to that box culvert." --"Concerning the effect on downstream properties, it is the intent of the owner that pumping, or use, of this water will be restricted during low. flow conditions. ... It is not the intent to use this water in an irrational manner." -- "It is the intent to use these impoundments as a source to replenish the four existing ponds for agricultural use" during those months of the year when these ponds might dry up. "It is not the intent to use these ponds to water cattle directly. It is really just to be used as a supplemental source to the existing farm ponds." --"If the reservoirs (in these impoundments) are full, the amount of water flowing to downstream properties will be the same regardless of whether the reservoir is there or not... the only exception being some loss due to evaporation. " -- The owner of the fann to the south (Mr. Taylor) has bee,n contacted and he expressed no concerns. --The impounding structures have been designed so as to minimize impact on the floodplain. The weirs will be lower in height than the natural creek bank. The creek, in the vicinity of each weir, will be widened by approximately 10 feet on either side, allowing the water to pass across the weir and approximate the volume that would pass in the natural channel. -- The box culvert is controlling the backwater on the upstream side of the culvert. It is not being controlled by anything that is occuring downstream. . Mr. Blue agreed with the applicant's engineers regarding the upstream flooding. Regarding the intended use for the impoundments (to pump water into the existing ponds during dry seasons), Mr. Blue noted that if the water level in the ponds is low, the water level in the creek will be low also, so water will, 2-8-94 8 "obviously," be taken out of the creek during a low water time because that is when it will be needed. Mr. McKee explained that it would be the intent to replenish the ponds before the drought season. Mr. Blue also expressed the belief that during a flood, the "weirs are either going to go out or they are going to silt up and nature is going to take over, unless the owner is prepared to go in there after each flood and clean the silt up and re-do it" Mr. Blue concluded: "It seems to me, just from a practical standpoint, it's probably a waste of money. " In response to Ms. Huckle's question, Mr. McKee explained that the four existing ponds are used as a watering source for livestock. The ponds are not used for irrigation purposes. Mr. McKee did not think livestock would have access to the impoundments. He explained that the reason for the ponds is to keep the cattle away from the creek. (Mr. Blue commented that unless the cattle were fenced out of the creek, "it looks to me like you're building 6 watering holes for the cattle. ") Regarding backing water over 231, Mr. McKee explained: "Based on calculations using a certain coefficient and runoff for the watershed area that we were able to determine, with the existing box culvert situation, and the impoundments as we've laid them out, using that flow, water would inundate 231 by approximately 2 feet, and in so doing raise the backwater condition by .4 of a foot." Mr. McKee explained that he felt "that's too conservative," i.e. "that number is too high and if that number were to be reduced, that backwater might be 1/2 inch to an inch." He concluded: "Ragardless of what the number is, the design would be such that we would not have a backwater condition caused by these impoundments. I. think there already is a backwater condition caused by 231 and the box culvert." Referring to condition No.3, Mr. Dotson asked the applicant for an example of the kinds of provisions that are planned for achievement of the three goals (water temperature, dissolved oxygen content, base flow during low flow periods). Mr. McKee responded: "They can all be monitored. I would hope that we wouldn't have to monitor this after these facilities were installed. All of those water characteristics can be measured and reported and documented to the appropriate agencies but I would certainly hope that we wouldn't have to do that. If the Commission and Board approve this special permit, it still requires a permitting by the Department of Environmental Quality and that would be the 2-8-94 9 e State agency that would make the decision as to what had to be done to ensure compliance. " Mr. Blue felt it would be difficult for the County or any agency to monitor those conditions. Mr. Nitchmann felt this was a great deal of expense for the intended purpose. He questioned how the cattle would be kept out of the impoundments if there was no plan to fence the cattle out of the creek. He again expressed concern about effect on downstream properties. He did not think there would be any overflow over the weirs during low water times if water was being pumped out. He felt the same result could have been achieved by "just drilling a well to keep the ponds full." He concluded: "Something tells me there is something to this other than trying to keep some ponds filled up with water." . Ms. Imhoff asked what assurance there was that the first weir would be located "no closer than 800 feet." Mr. Driver explained that the locations would need to be more fine tuned in the field, but "as far as the first weir is concerned, we feel that it should be a certain minimum distance from 8t. Rt. 231, so as not to impound water that would change...." Mr. Driver expressed no opposition to an additional condition restricting the first weir to "no closer than 800 feet." Mr. Cilimberg explained it would the responsibility of the Zoning and Engineering Deparbnents to inspect the location of the weirs. He was uncertain how that inspection would take place. Mr. Dotson asked if the Water Quality Impact Assessment (condition No.4) would consider off-site as well as on-site impacts: "W ould it consider wetlands, fisheries, habitats downstream, perhaps, and would it include provision for either avoiding or mitigating any adverse impacts that the Impact Assessment discovered?" Mr. Driver replied: "That would be the purpose of the Water Quality Impact Assessment. David Hirschman, the water quality official, would review that, but it would include those items that you mentioned. That is the purpose of that. " . Ms. Huckle asked: "Do you have information on the base flow during low water periods?" (Mr. Driver responded negatively.) Ms. Huckle interpreted: "So you don't really know then yet what you would be trying to maintain during low flow periods if you don't know what it is beforehand." Mr. McKee 2-8-94 explained that the applicant feels that field measurements are not ncccsS8ly at this stage of the process. He added that this request is for a special pennit, and provided it is not detrimental to adjacent properties, does not change the character of the district and does not harm the general public health, safety and welfare, it is an acceptable use for agricultural land. He pointed out that the conditions suggested are "pretty thorough." 10 Public comment was invited. Mr. James Green, "owner of the property contiguous to PagebrOOk Farm to the west," (upstream) addressed the Commission. Responding to a question asked earlier, he explained that Mechunk has only a trickle of water during drought conditions. His concern was that the weirs, during flood periods, "would back water under 231 and over (his) lowlying pasture." He presented a video showmg Mechunk Creek during flood stage (late February 1993). (It was taken from the front porch of his home.) He also felt downstream properties would be adversely effected during drought periods. s. Mr. William Harris, owner of parcels 67 and 68, addressed the Commission. He expressed the following concerns: -- The proposed use for the ponds has not been made clear. --What will happen when flow is restricted during low-flow periods? -- What will be the impact of construction in a stream in a "notorious flood time, particularly in a 100-year floodplain?" --No convincing data has been presented that there will be no negative environmental impacts. --No data has been presented to support the construction of 6 weirs, as opposed to 2 or 4 or 1. There being no further public comment, the public hearing was closed and the matter was placed before the Commission. Referring to the engineer's statement that flooding on 231 is caused by restrictions of the culvert, Mr. Dotson asked: "In deciding and calculating that these weirs would have no effect, did you assume that that culvert would always pass the same amount of water that it does today? In other words, if the property owners upstream were successful in convincing the Highway Department to replace that so that it would pass all the water through, would the weirs then have the effect of backing the water up and not allowing it to pass e 2-8-94 11 through?" Based on high-water marks placed on the bridge by the Highway Department, Mr. Driver stated: "There is nothing to indicate that the road has been topped by a 100-year storm since the culvert has been in place." He added that it appears this culvert has been designed to handle a 100-year storm. Mr. Blue felt a larger culvert would result in the weirs having less effect on upstream property. Mr. Driver added: "As far as the backwater is concerned, obviously, any effect it may have on upstream properties will be different, depending on whether the road is topped or it isn't topped. ..." Mr. Blue interpreted from Mr. Driver's comments: "You're saying, that he (Mr. Dotson) is correct--if they enlarge it so there isn't any head, it could have a negligable effect on the floodplain upstream." Mr. Driver responded: "That's right. " . Ms. Vaughan asked how 6 weirs had been arrived at, i.e. how had the number been determined? Mr. Driver explained that the number was based on the quantity of water that will be necessary, though no "hard calculations" have yet been performed. He added that the Department of Environmental Quality will eventually require that the applicant substantiate the number of weirs being requested. Thus, the number could change, based on DEQ's review. He stated the location of the weirs shown were the result of a consideration of where they could best be used, agriculturally. Mr. Driver explained that the two existing ponds, because of their location, have very little surface flow feeding them and they also have soils which do not hold water well. Given the vagueness of the proposed use of the ponds, it was Mr. Blue's feeling that the proposal was more an "aesthetic thing" if they were not going to be used for irrigation., i.e. "It'd be nice to have your ponds full during dry years, all summer, and he is willing to spend the money to pump out of the creek to do it." . Mr. Blue noted that it is usually his natural tendency to support a request for a special permit if restrictions are placed on it to protect the public. In this case, he stated he was in a "quandry," but he concluded he was tending to go along with staff. He expressed opposition to the proposal because he felt it would '''damage the stream and would not do the property owner much good." He 2-8-94 12 Mr. Jenkins stated he could not support the request because he could see no practical purpose "other than exercise." He also felt that once DEQ gets involved, "that will be the end of it" MOTION: Mr. Jenkins moved that SP-93-41 for Pagebrook Farm be recommended to the Board of Supervisors for denial. Mr. Nitchmann seconded the motion. He explained that his opposition was based on the feeling that there would be a detrimental effect to property owners downstream. Discussion: Ms. Huckle agreed with Mr. Nitchmann. Ms. Imhoff stated part of her concern that "it might have a detrimental effect" was based on the fact that "the agricultural use has not been defined." She, too, felt that pumping water out would definitely have a detrimental downstream effect. The motion for denial passed unanimously. ----------------------------------------- ...... ....." Ms. Hipski presen a the staff report. Staff recommended modification Hollymead ope space and approval of ZMA-93-18. . !l t=-)""13~J \ : l~,. i. 1y . . ~ fj. '- .. .j(. . --'--?f5d.- Af,enc~ ::.',11 No. q~ _:dJL2' '- - COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 ...,.. ,,,' ,~,:"""~,,,,,,,,,""h''-'"'' .....,. mily H. Sanford 120 wisteria Drive harlottesville, VA 22901 SP-94-06 Emily H. Sanford Ms. Sanford: he Albemarle County Planning Commission, at its meeting on April 6, 1994, unanimously recommended approval of the above-noted etition to the Albemarle County Board of Supervisors. Please ote that this approval is subject to the following conditions: Use shall not commence until the following requirements have been met: a. Health Department approval; b. Construction of commercial entrance with a minimum of 450' of sight distance; c. Approval of site plan; d. Installation of required parking; e. Building Official approval. lease be advised that the Albemarle County Board of Supervisors ill review this petition and receive public comment at their eeting on May 18, 1994. Any new or additional information egarding your application must be submitted to the Clerk of the oard of Supervisors at least seven days prior to your scheduled earing date. ~ily Sanford !Page 2 ~pril 27, 1994 ~f you should have any questions or comments regarding the ~bove-noted action, please do not hesitate to contact me. ~incerely, Y~?l~ ~illiam D. Fritz ~enior Planner ~DF/jcw pc: Ella Carey Amelia McCulley Jo Higgins Lewis & Margaret Morris 2 . . S AFF PERSON: LANNING COMMISSION: OARD OF SUPERVISORS: WILLIAM D. FRITZ APRIL 26, 1994 MAY 18, 1994 P-94-06 EMILY H. SANFORD etition: To establish a music school on 3.640 acres zoned RA, ural Areas [10.2.2(5)]. Property, described as Tax Map 32, arcel 9J is located on the west side of Route 606 approximately .75 miles north of the Route 649/Route 606 intersection in the hite Hall Magisterial District. This site is not located within designated growth area (Rural Area 1). haracter of the Area: This property has one dwelling and two utbuildings. The property to the south and east is owned by the harlottesville-Albemarle Airport. Other single family dwellings re located to the north (approximately 500 feet). The property cross Route 606 east of this site is zoned for industrial use nd some industrial uses are currently in operation. Pro sal: The applicant has provided the following and justification for this request: "MUSIC EDUCATION CENTER with three classrooms, office, five private studios, waiting room and bathrooms. Porch area on back enclosed and divided to result in above number of rooms. Additional parking and widened driveway will accommodate traffic. Back steps reconstructed. MUSIC EDUCATION CENTER/YAMAHA MUSIC SCHOOL has rented a poorly constructed building with dangerous traffic access and exit for eight years. We have searched for five years for our own building with spacious parking, grounds for children to play and a safe entrance/exit NOT on Route 29. Our clientele is excited about the convenient location, and contractors see no problem with the minor reconstructions. This property, though currently used as a single family residence, is in area of heavy industrial use, surrounded by the Airport, warehouses, and is in close proximity to many businesses such as Crutchfield, etc." he school enrollment ranges from approximately 250 to 350 with a aximum number of students on-site at any time of 25 to 30. A otal of approximately 10 teachers are associated with the school ith approximately 6 on-site at any time. The hours of operation re usually from 10:00 a.m. to 8:30 p.m. Monday through Saturday ith peak usage between 4:00 and 7:00 p.m. on weekdays and on aturday morning. Some classes may be held outside of these ours. 1 . . : None available. om rehensive Plan: While this site is located in the Rural reas of the comprehensive Plan, it is adjacent to the Hollymead ommunity boundary. Adjacent lands are recommended for public se (Airport) and industrial service. The area directly across oute 606 is a partially developed industrial site. The use as roposed would not appear to have any significant negative impact o the general area. Given the location and unique character of his area, staff opinion is that this request is not in conflict ith the Comprehensive Plan. Comment: taff will address each provision of Section 31.2.4.1 of the oning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property As stated before the Airport and industrial land are located adjacent to this site. The residential units to the north should be unaffected by this use as a ridge is located between the properties which screens this site. In addition, virtually all traffic will arrive from the south, therefore, no significant increase in traffic passing rural property will occur. that the character of the district will not be changed thereby, Changes to the existing structure will be largely internal. Some additional parking area will be required. However, the additional parking will be visible only from the Airport property and potentially some section(s) of Route 606. Based on the minimal development to occur on-site this request should not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staff finds no conflict between the proposed use and the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6. 2 . . with the uses permitted by right in the district, This use will not affect permitted uses on any adjacent property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 contains no additional regulations. and with the public health, safety and general welfare. In order to achieve sight distance, the existing entrance needs to be shifted to the north. Approval of this request will result in an increase in traffic over that which could be generated by-right. This portion of Route 606 is currently listed as non-tolerable and carries 907 vehicle trips per day based on 1990 counts. Staff is unable to provide trip generation figures for the proposed use as no traffic studies for comparable uses are available. (If the available studies for private schools are used a 350 student school would generate 483 vehicle trips per day. This assumes attendance by all students daily with common arrival and departure times. Not all students use this facility daily and students are in attendance at staggered intervals. These factors should result in a lower total trip count than a standard private school. In addition, no peak generation problems should be encountered.) The Health Department has reviewed this site. While additional approvals are required, no obstacle to approval has been identified. Staff opinion is that with appropriate conditions, this use will not jeopardize public health, safety or welfare. taff review of this request has found that this request atisfies the requirements of Section 31.2.4.1. No negative actors have been identified. Staff notes that this parcel is nlike other Rural Area parcels due to adjacent uses. Generally, taff does not endorse use of RA land for Commercial activity upportive of non-agricultural/forestal uses or geared towards he general population as opposed to a rural population. owever, the unusual setting of the site overcomes this factor. taff recommends approval of this request subject to the ollowing conditions: COMMENDED CONDITIONS OF APPROVAL: Use shall not commence until the following requirements have been met: a. Health Department approval; 3 . . b. Construction of commercial entrance with a minimum of 450' of sight distance; c. Approval of site plan; d. Installation of required parking; e. Building Official approval. ACBMENTS · - Location Map - Tax Map 4 c . ,. I I . '- --------- o \ ATTACHMENT Ai .. <) JJ \, "'IO~ -~- 0", "0", "- f ~ ~ '? \ \ .~ ,,~ @E ~'b ,,"~ l?E] 1~; I Nonh G....n >! ./' 11~ '8 @!J. r.~~~~~' r>i1]/ ~ , ALBEMARLE COUNTY I ATTACHMENT BI I -+- .1 10 . ::ALE IN FEET 46 HALL a DISTRICTS SECTION 32 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 pril 8, 1994 ily H. Sanford 120 Wisteria Drive harlottesville, VA 22901 SP-94-06 Emily H. Sanford Ms. Sanford, letter is to notify you that your above-referenced petition scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, APRIL 26, 1994 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY, MAY 18, 1994 oth of these meetings will be held at 7:00 p.m., Meeting Room 7, Second Floor, County Office Building, 401 McIntire Road, harlottesville, Virginia. You will receive a copy of the staff eport and tentative agenda one week prior to the Planning ommission meeting. REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE f you should have any questions or concerns about this petition r schedule, please do not hesitate to contact me. incerely, illiam D. Fritz enior Planner JMs. Ella Carey Lewis R. and Margaret Morris r;,\nb,ted \l1 \Jc"~ I q;.l2:6 ..~ \ Ole q/.1'O,)!. ' ~9.P1"d. tern I"" COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 A ril 28, 1994 P te Bradshaw eswick Corporation 701 Country Club Drive arlottesville, VA 22901 SP-94-07 Keswick Corportion Mr. Bradshaw: he Albemarle County Planning Commission, at its meeting on April 26, 1994, nanimously recommmended approval of the above-noted request to the Albemarle ounty Board of Supervisors. Please note that this approval is subject to the ollowing conditions: Compliance with SP-92-59 Keswick Acquisition Corporation and SP-85-54 Tom J. Curtis, Jr.; The clubhouse shall not exceed 6,250 square feet, the viewing stand shall not exceed 2,000 square feet, accessory buildings shall not exceed 5,200 square feet and the pool shall not exceed 3,500 square feet:. lease be advised that the Albemarle County Board of Supervisors will review his petition and receive public comment at their meeting on May 18, 1994. ny new or additional information regarding your application must be submitted o the Clerk of the Boardl of Supervisors at least seven days prior to )'our cheduled hearing date. should have any questions or comments regrding the above-noted action, do not hesitate to contact me. ~ Hipski Ella Carey Amelia McCulley Jo Higgins .(.:: 'f (' rJ- . ) . . ri. ( ) , ) J. \ \..1 -- . 1Il COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902.4596 (804) 296.5823 MEMORANDUM TO: Albemarle County Board of Supervisors FROM: V. Wayne Cilimberg, Director of Planning & Community Development DATE: May 18, 1994 RE: (SP-94-04) - Keswick Conditions of Approval In order to clarify issues regarding access and timeframes for (SP-94-07) Keswick, I propose the following conditions in addition to the two recommended by the Planning Commission: 3. Construction of the clubhouse and open air pavilion and all necessary improvements associated therewith, including required parking, is extended to commence not later than five (5) years from approval of SP-94-0'l{. 4. Access for Tax Map 80 Parcel 9A shall be onto Route 731. YAH/blb ., 1 -- . . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA A. HIPSKI APRIL 26, 1994 MAY 18, 1994 (SP-94-07) - XES.ICX CORPORATION Petition: Keswick Corporation petitions the Board of Supervisors to amend a special use permit for a clubhouse (10.2.2.4) on 149.846 acres zoned RA, Rural Area. Property, described as Tax Map 80, Parcel 8Z, is located on the east side of the intersection of Route 744 and Route 731 and on the southeastern quadrant of Club Drive/Route 731 (see Attachment A). Character of the Area: A portion of the property contains existing tennis courts, an under-used storage yard and two office buildings. Approximately one-half of the property is wooded with mature deciduous trees. The Keswick Inn main facilities are located across Club Drive. APPLICANT'S PROPOSAL: The applicant is proposing to amend SP-92-59 Keswick Acquisition Corporation in order to expand their facilities. Condition 14 of SP-92-59 Keswick Acquisition Corporation stated: "Development of golf course shall be in general accordance with the Keswick Estate Application Plan dated August 25, 1992 and revised October 26, 1992." The'sketch plan for SP-92-59 stated "Future club expansion not approved at this time" in this area. Neither an increase in members for the clubhouse nor additional rooms are envisioned with this special permit (see Attachment B). PLANNING AND ZONING HISTORY: (SP-85-54) Tom J. curtis - On september 9, 1985, the Board of Supervisors approved a request to allow six guest rooms in two existing cottages and 36 guest suites in a new structure on 24.395 acres. Tax Map 80, Parcel 8 and 8Z (see Attachment C). (SP-85-53) Tom J. Curtis - Proposal to allow a subdivision of 37 residential lots on 284 acres. . (SP-86-04) Tom Curtis Trust - Supervisors approved a request into two parcels consisting of 80, Parcels 8, 8Z, and 9. On March 19, 1986, the Board of to subdivide the clubhouse tract 15.2 acres and 5 acres. Tax Map (SP-86-02) - Keswick Country Club Land Trust - Proposal to permit six great rooms from two existing cottages to be located in the Keswick Clubhouse. To permit renovation of two existing cottages into a tennis prO-Shop and storage building. (SP-92-21l - Keswick Acauisition Cornoration - Request to amend Condition #5 of SP-85-53 to allow Club Drive to be a private rather than public road was approved by the Board of Supervisors on June 17, 1992. 1 - Central Sewer Svstem Review - On June 4, 1986, the Board of Supervisors approved a request pursuant to County Code section 10-18 to establish a central sewer system to serve 43 lots and the club and inn facilities. Central Wall Svstem Review - On November 14, 1984, the Board of Supervisors approved a request pursuant to County Code section 10-18 to construct two wells to establish a central well system. A request to construct a third well was approved on the Board's Consent Agenda on October 31, 1990. The system was designed to serve 56 residential lots and the club and inn facilities. . (CPA-84-111 - Keswick Countrv Club Land Trust - Request for a resolution of intent to study an amendment to the Comprehensive Plan to allow for the development of the POD (ZMA-84-20) was denied by the Planning commission on October 9, 1984. The applicant continued to pursue the rezoning request after denial of this request. The development proposed as a part of the Comprehensive Plan Amendment review was similar to the Planned Unit Development plan. (ZMA-84-201 - Keswick Countrv Club Land Trust - Request to rezone 491 acres from Rural Areas to Planned Unit Development was denied by the Board of Supervisors on June 26, 1985. The plan proposed the development of 147 single-family detached dwelling units of which 80 units were located in one cluster with a total acreage of 35 acres (density of 2.8 d.u./ac) and the remaining 67 units/lots totalled 204 acres (average lot size of 3.05 acres). The gross density of the proposal was one dwelling unit per 3.3 acres. Twenty-six of the lots were proposed to be served by a central water system and individual septic tank systems. The other lots were to be served by central water and central sewer systems. SP-92-58 Keswick Acauisition Corooration - On December 9, 1992, the Board of Supervisors approved a proposal to allow a subdivision of 280.2 acres into 75 lots. Tax Map 80, Parcels 8, 8F, 802, 804, 8J, 8C, 803, 8T, 8Z (part of), 21A, 27, 29, 31, 41, 41A, 43, 60, 60A, 62, 69, 70, 70A, 61, 96, 97, 100, 109A, 106, Tax Map 94, Parcel 42A. SP-92-57 Keswick Acauisition Corooration - On December 9, 1992, the Board of Supervisors approved a proposal to allow two floodplain crossings of Carroll Creek for private road construction. Tax Map 80, Parcels 8 (part of), 8F and 109A. SP-92-59 Keswick Acauisition Corooration - On December 9, 1992, the Board of Supervisors approved a proposal to allow expansion of the golf course from 18 to 27 holes. Tax Map 80, Parcels 8, 8C, 802, 803, 804, 8J, 8Z (part of), 9, 9A, 29, 31, 41, 41A, 43, 60, 60A, 61, 62, 69, 70, 70A (see Attachment D). . 2 " ~A-93-07 Keswick COrDoration - On April 14, 1993, the Board of Zoning Appeals approved a variance to reduce the front setback from 25 feet as follows: Building 1 to 21 feet; Building 2 to 5 feet; Building 3 to 10 feet Two of these buildings are "office buildings 1 and 2". COMPREHEHSIVE PLAN: This site is not located in a designated growth area, but is located in Rural Area II. The use, while not a rural area use called for in the Comprehensive Plan, is pre-existing. SUIOIARY AHD RECOKMEHDATIOH: The previous special use permit plan identified the proposed area as "Future club expansion - not approved at this time" (see Attachment E). This proposal will neither increase the maximum number of golf members nor expand the maximum number of suites or guest rooms. The applicant proposes locating an auxiliary clubhouse, pool and two new tennis courts in two phases. All activities related to this permit shall be on Tax Map 80, Parcel 8Z. . There is an existing driveway serving the dwelling on Parcel 9A. Parcel 9A was included as part of SP-92-59 Keswick Acquisition Corporation for the golf course and is located southwest of this site.. The approved plan for SP-92-59 showed Parcel 9A accessing Club Drive through this area. The applicant now wishes to retain the existing access. The sketch plan was reviewed by the site Review Committee. Final parking calculations can not be determined due to no final determination of recreational area. staff shall not approve any site plan that does not meet all Zoning Ordinance requirements. The applicant proposes a public address system. Current provision under Section 5.1.16(c) state: "The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40) decibels at the nearest residential property line;" The Zoning Department is reviewing potential new noise ordinances. The applicant shall comply with current as well as any future noise restrictions. . Staff has reviewed this application for compliance with Section 31.2.4.1. The nearest affected residential property not subject to Keswick special permits shall be buffered by Fairway #9 and ~ooded areas. Therefore, this proposal should not be of substantial detriment to adjacent properties. Given that the 3 . . . xisting vegetation along state Route 731 shall remain, the haracter of the district should not change. Given staff review nd approval of a site plan, this use should be in harmony with he purposes and intent of the ordinance. herefore, staff recommends approval subject to the following onditions (including staff approval of site plan): co NO compliance with SP-92-59 Keswick Acquisition Corporation and SP-85-54 Tom J. curtis, Jr.; The clubhouse shall not exceed 6,250 square feet, the viewing stand shall not exceed 2,000 square feet, accessory buildings shall not exceed 5,200 square feet and the pool shall not exceed 3,500 square feet. -Location Map -Applicant letter and 11 x 17 reduction -SP-85-54 Action letter -SP-92-59 Action letter -Sketch Plan 4 .79' ALBEMARLE COUNT' .1 I \ \. 12 \ \\ ,><" \ If X >J / . I . " ....... . SCALE IN FEET .... , 'RIVAN~A OtSTRICT SECTLON '- I --- 80' ~ ~'-" IIl[SWICKM" "LOCH AGRICULTURAL" fORESTAL DlSTIUCTI . KESWICK 701 COUNTRY CLUB DRIVE POST OFFICE BOX 68 KESWICK, VIRGINIA 22947 TELEPHONE 804 979 3440 FACSIMILE 804 979 3457 March 28, 1994 RECEIVED t\PIi 1 2 1994 Planning Dept. Mrs. Yolanda Hipski Senior Planner Albemarle County Department of Planning and Community Development 401 Mcintire Road Charlottesville, Va. 22901 RE: SP 94-07 Pavilion II Dear Yolanda: . On February 28, 1994 Keswick Corporation submitted an application to amend SP-92- 58 to allow for the reconstruction of 5 tennis courts, the construction of a swimming pool and club house facility on the south side of Country Club Drive adjacent to the existing Keswick Club tennis facilities (part of TMP 80-8Z). These improvements are being planned as a supplement to the existing Keswick Club and to ultimately serve the proposed 9 hole golf course expansion. A schematic representation of the proposed improvements was submitted with our application. I am submitting herewith an additional hardline schematic which addresses such issues as setbacks and parking requirements which were discussed during the site review meeting. . As you know from our many discussions, the final plans for these improvements have not yet been developed. We have submitted this application, as required by the Zoning Administrator, to open this issue to the public forum and to obtain from the Commission and Board a ruling concerning the appropriateness of this land use in this district and more specifically a ruling that" such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of the ordinance, with the uses permitted by right in the district.... and with the public health, safety and general welfare." (Albemarle County Zoning Ordinance 31.2.4.1) Upon approval by the Board of this proposal we will submit a site development plan for further review by the site review committee. The applicant is hesitant to expend substantial resources on final plans until the general proposed land use has been deemed to be appropriate. I ATTACHMENT B) 1 page 2) . Please keep in mind that the application drawing is a schematic and for illustrative purposes only. The exact location of the proposed improvements are subject to change but will obviously conform to all applicable ordinance requirements and conditions imposed upon the applicant by the Board of Supervisors. Notwithstanding the above I intend herein to make every effort to address, at this stage of planning, the concerns of the site review committee and to document our planning justification for the proposed use. We appreciate having had the opportunity to meet with the site review committee and to be aware of their comments early in the planning process. Planning Justification . The proposed Keswick Club improvements are situated on TM 80 parcel 8Z. This parcel has been utilized for club uses such as tennis, food service and club entertainment since the early years of the old Keswick Country Club. During construction of Keswick Hall and Keswick Club and up to the present time the general area of the proposed use has been utilized for construction staging, parking and staff offices. The area remains in a somewhat disorderly state and is certainly in need of improvement. The approval of SP 94-07 would allow Keswick Corporation to embark on the final planning stage of what we feel to be improvements necessary for the long term success of Keswick Club. . From the early stages of marketing of Keswick Club it became apparent that more of a family orientation for a portion of the Club would be important to realize original membership projections. It was also realized that this must be accomplished without compromising the existing atmosphere which so many of our members have come to enjoy. In short, a higher level of diversification of recreational activities would enhance the overall desirability and quality of the Club. Many families desire a first rate recreational facility which can be enjoyed by the entire family; a place where children can become involved in organized athletic endeavors under qualified supervision during the summer months. As you are also aware there are tentative future plans for a 9 hole golf course expansion in close proximity to the proposed improvements. During the development of our Master Plan it was apparent that the area to the south of Country Club Drive and adjacent to the existing tennis facilities would be ideal for additional leisure facilities associated with the Club and this was noted on our original application plan. It certainly makes sense, given the time that has lapsed since our original application and from a long-range planning standpoint, to obtain approvals for the ultimate land use for this area now so as to avoid any future misunderstandings. The schedule for, and, in fact, need for some of these facilities will of course be dependant upon market conditions. What is clear now however is that there is an immediate need for the swimming pool and perhaps some additional tennis. We would like to begin construction of the swimming pool as soon as is practicable. I ATTACHMENT B I I Page 3 , . An analysis of the land use in the area immediately adjoining the proposed use indicates a high level of compatibility with the proposed use. The land to the west and across SR 731 is owned and occupied by The Keswick Hunt Club and is currently being used for the kenneling of fox hounds and club related entertainment facilities. The area to the north and across Country Club Drive is owned and occupied by Keswick Hall, a 48 room country inn. The area to the south is owned by Keswick corporation and is being used as staff housing. There are three residential lots which adjoin TMP 80-8Z but are not in the immediate vicinity, with the residences being some 600 feet from the proposed use and well protected by a wooded buffer. It is therefore the opinion of the applicant that the proposed use will not be at all detrimental to the immediate neighborhood or the district and will in fact be a significant new improvement to the community. Response To Site Review Comments 1. This department is concerned about noise levels created by radios, public address system related to the tennis courts. Will there by any loudspeakers, amplification, etc? There is no loud speaker system contemplated, only a minimal PA system for paging purposes. . 2. Please describe, in writing, activities expected in the clubhouse. Will there be a conference/ball room area? How large will the restaurant be? What will be the hours be? Plans for the club house have not been finalized. There possibly will be changing rooms, a low key snack bar and beverage operation, a meeting room and fitness room. 3. Section 5.2. 16 (supplemental regulations) of the Zoning Ordinance does not allow pools, aprons, filters, etc. located 75 feet from the property line or 125 feet from 8: residential use. There is a dwelling located on Tax Map 80, Parcel9A which appears to encroach the 125 foot setback. As I understand, this structure is for erYIQIoyees of Keswick Inn. Please show this building, and the distance to the pool, apron and filter and state the use on the sketch. If needed, the Planning Commission may m~this set setback. Our schematic drawing shows that it is possible to meet all setback requirements. 4. Parking does not appear adequate. Provide adequate parking per Zoning comments. You may be able to use the employee parking to the east. If so, provide a pedestrian link. . ..-L),~', \ _} 'n~. ' , ,,~ ~ ,< ~.~, ''\ ~';~ .i.,:..,~' \;\ \ '"",j, ~h\"~-' \ ..,.. \ .... /,.'\... ..L.. \.J' \ "\ '" \ ~ \, \. ' '" ',-: \. ,", ~ ' ... 9/1> r-- \ \ \.~--"~ .-,"--= - ----', + \~.\.,..,,\\.,:,~' /' ;-- ~ ~\ \ ["', ,), '''. ~ ' r '-,,:, ~"'~:' \ ."- ~~c.(J /' "", ~ I;" ,~... . ... '1' 'r' ~'- ""\. ' ., \ --"-,' '~ r. \ "" '- ~<'ir,;",-" ..J; ~",,'-<>~u J, \ \.~.,--,' -' ......J ~ \ \-- ~ '\ "'.( "........ --\....A" ~J.- \ '{. -<,' 'J~ ' \ \ ~ ~i: - '~~\"l~ : ~' " 0.,' ,~. ~.. '" \ \ '~0' '\ ~.. 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'r I , '-.l. f' \ \ \ \ \ \ "<' , ", -; \ Ii '" \ :z' ) q. '" " " , " \ / , " \', ?' 7'\ ~ "'\ ~ <, .. . \ "l "' -) -; 1 "' '" " / /' / / /' /' . ~~~ 00 C; OF DEPARTMENT of PLANNING and COMMUNITY DEVELOPMENT 401 Mcintire Road Charlottesville, VA 22901-4596 804 296-5823 September 9, 1985 Mr. Tom J. Curtis, Trustee Keswick Country Club Land Trust P.O. Box 71 Keswick, VA 22947 RE: SP-85-54 Tom J. Curtis Dear Mr. Curtis: . The Albemarle County Board of Supervisors, at its meeting on September 4, 1985 unanimously approved the above-noted petition (Mr. Lindstrom abstained from voting) to allow six guest rooms in two existing cottages and 36 guest suites in a new structure adjacent to clubhouse. Total acreage of site is 24.395 acres zoned RA. Property on east side of Rt. 744 at intersection with Rt. 731. Tax Map 80~ parcels 8 and 8Z. Rivanna District. This application is subject to the following conditions: 1. Expansion limited in the clubhouse, and establishment of of thirty-six (36) a existing private dwe of six (6) existing suites rooms in two existinq cottages, y-six (36) additional suites: location al suites will be no closer to an current clubhouse: 2. Prior to Planning ommission review of the site plan the applicant shall ontain the following: a. Health Department approval of method of sewage disposal: b. County Engineer review of pump tests for two wells in southeastern portion of property in accordance with the requirements of the Code of Albemarle County: 3. All clubhouse facilities shall be served by a central well system supplied by the two wells located in vicinity of the Rt. 616/I-64 interchange or such alternative well locations as may be approved by the Board of Supervisors: usage of existing wells at clubhouse will not exceed present usage: . . SP-85-54 Page 2 4. Bonding and/or constructi Rt. 616 and the central we issuance of build~~~erm~ provided that the six (6) renovated without compli of the connector road from Rt. 731 ystem shall be required p~or to or the new guest rooms/suites~ ting suites in the clubhouse may 'th this condition~ to be 5. Compliance with-tHe following conditions of approval of SP-78-76 piedmont Vineyards, Inc.: a. Hours of operation are limited to sunrise until 11:00 p.m. for golf pro shop, swimming pools and tennis courts and all other outdoor recreational activity. All indoor activities dining, special parties, etc., to end at 1:00 a.m.: b. All buildings to be subject to Building Code and Fire Code inspections~ . c. No outdoor public address system including amplified phonographs, radios, and the like and including musical groups employing amplified instruments shall exceed 40 decibels at the nearest property line~ this condition is subject to restrictions of condition A for outdoor uses: d. No off premises licensed sale of alcoholic beverages to be permitted~ 6. All additions and alterations to existing structures shall be accomplished through architectural design and construction quality comparable to that of the main clubhouse building. If you have any further questions, please advise. Sincerely, Ronald S. Keeler Chief of Planning RSK:mkf cc: Ms. Lettie E. Neher . . . . ~- COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 anuary 22, 1993 ete Bradshaw eswick Acquisition Corporation 01 Country Club Drive eswick, VA 22947 SP-92-59 Keswick Acquisition Corporation (Golf Course) Tax Map 80, Parcels 8, 8C, 802, 803, 804, 8J, 8Z (part), 9, 9A, 29, 31, 41, 41A, 43, 60, 60A, 61, 62, 69, 70 and 70A ear Mr. Bradshaw: he Albemarle County Board of Supervisors, at its meeting on anuary 13, 1993, unanimously approved the above-noted request to llow expansion of golf course within Keswick Country Club evelopment from 18 to 27 holes. Please note that this approval s subject to the following conditions: County Engineer approval of construction activity in the floodplain of Carroll Creek in accordance with section 30.3 Flood Hazard Overlay District of the Zoning Ordinance (compliance with SP-86-03); Water Resource Manager approval of a water quality impact assessment; Department of Engineering approval of an erosion control plan to include a phased grading plan. The amount of grading to occur on-site shall be limited three (3) holes at anyone time. All grading shall be stabilized during the winter months. Further grading will not be permitted until constructed holes are stabilized to the satisfaction of the County Engineer; 1 .. ' . . e ete Bradshaw age 2 anuary 22, 1993 Development of golf course shall be in general accordance with the Keswick Estate Application Plan dated August 25, 1992 and revised October 26, 1992. Maintenance of a 25 foot wide wooded buffer adjacent to residential lots not a part of the Keswick Estate. f you should have any questions or comments regarding the above- oted action, please do not hesitate to contact me. incerely, () Development Ella Carey Amelia McCulley Jo Higgins 2 - 0) LO I C\J 0) I 0- ~ Q (j) 2 - ~ < Z 5 w i. 0 I- ~ - 0 (f) Z ~ 2 W 4 1: " 0.. 'tl J: < x on U S LL ~ ~ Ll! ~ (j) ~ cr: ::> 0 () u:.: ...J 0 (!j ~ ~ :;:,...... ~ ~l ~l ~ .c' -.< ~ ~ ~~ :~ w ~ lilt :3r ~ ~ - ~ ~~ :;g ~:t~ w :I~:3 ~ ~o(~ $. ~~:~:. UJ~ln:1i ~3~~8 G;~~~~ ::!<~h~ o~ , ~~ ;!~ m 1"1 P~ii ! lit ~ ":fl j itJ VI ~~ ~ ~ ~ . t ~;; . Vl ~!. ~ <( " . w - . cr: . u ~~d g U\ cr: ~ ~ ~ 0... ........... ;;! ~H ~ ~gg --- ~ ~ 8 . . ~ ~ S 8 ; , ~ ~ ~ 9 6 ~ ~ , ~ l ~ ~ 6 ~ , ~ g << << t ~ 'j ~ i i ~ ~ 9 ~ << , I ~ I ~ 3 i ~ I g\ i j i I ~ ~ w ~ i .d !Ol b ~ ; ~ 0 . o r I I - 0 I i .\ .\, ;:'\ ~ -1 :'1 / // '" -. -' t~ ~ - l;~~L: = ~ Q~Hd i~~ ~:~S~~ ~~~ 1!~1!~~ :(<' ,,~c~=~ ~:;! :1~~i:~ ~~ ~ :J f 't.... \,1.1" ~.!5.~f ~ t ... ~- 2 " :leA"J ,:'! ~.". .. #l"J '-t ~}istrll:wted to tK\3Ich_... -."kll ,\f,end, Item No.Q~_~_D510~J1' COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 ay 12, 1994 rass, Inc Court Square harlottesville, VA 22902 SP-94-l0 Brass, Inc (owner); Christopher Grove (applicant) Sir: e Albemarle County Planning Commission, at its meeting on May 10, 1994, nanimous1y recommended approval of the above-noted request to the Albemarle ounty Board of Supervisors. Please note that this approval is subject to the ollowing conditions: Animals shall be confined to an enclosed structure; Boarding of animals shall be limited to animals undergoing medical treatment; Use shall not commence until the following have been obtained: a. Health Department approval; b. Building Official approval; c. Provision of adequate parking. lease be advised that the Albemarle County Board of Supervisors will review this etition and receive public comment at their meeting on Mav 18. 1994. Any new r additional information regarding your application must be submitted to the 1erk of the Board of Supervisors at least seven days prior to your scheduled earing date. If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact me. Sincerely, cc: Ella Carey Amelia McCulley Jo Higgins Christopher Grove A \BRASS.WP e . . AFF PERSON: ANNING COMMISSION: ARD OF SUPERVISORS: WILLIAM D. FRITZ MAY 10, 1994 MAY 18, 1994 S -94-10 BRASS INCORPORATED P tition: Petition to establish a veterinary clinic on part of 5.734 acres, Zoned RA, Rural Areas [10.2.2(18)]. Property d scribed as Tax Map 121, Parcel 91 (part) is located on the west s'de of Route 20. The portion of the property proposed for use i located in the northwest corner of the Route 20, Route 712, R ute 715 intersection in the Scottsville Magisterial District. T is site is not located within a designated growth area (Rural A ea 4). of the Area: This site has been used as a country ore, antique shop and temporary post office in the past. There a post office and a country store in close proximity. On the uth side of Route 712 is a garage type building which appears be vacant but has been used for non-conforming commercial rposes in the past. licant's Pro osal: The applicant proposes to operate a terinary,clinic from this site. The site will also serve as a se for off-site large animal veterinary care (a "by-right" e). The applicant's description and justification for this use included as Attachment C. Recommendation: Staff has reviewed this request, for 31.2.4.1 or the Zoning Ordinance and This site had been the location of country store and other commercial uses for a number of years. e non-conforming uses have been abandoned. On February 19, 86, the Board of Supervisors approved a special use permit for country store on this site (SP-85-93). A site plan for a mporary office trailer for the U.S. Postal Service was approved the Planning Commission on May 28, 1985. m rehensive Plan: The Comprehensive Plan (Open Space Plan) tes Route 20 as an entrance corridor. No other open space atures are identified on this site. This site is located in e Rural Areas. This area is within an existing developed ossroads. Generally, development in the rural areas should be couraged to locate within areas of existing development. There e no identified veterinary services available in Southern bemarle. Though this is not a typical use in rural areas, cause of its proposed location and lack of similar services in e area, the proposal is not contrary to the Comprehensive Plan. 1 aff will address each provision of Section 31.2.4.1 of the ning Ordinance. AFF COMMENT: e The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The area currently has commercial activities and this site has been used commercially in the recent past. Staff is unaware of any complaints about prior commercial activities and is of the opinion that a veterinary service with the proper conditions will not have any more impact than previous commercial uses". that the character of the district will not be changed thereby, Due to the historical use of the property and immediate area, no adverse impact on the character of the district is anticipated. . and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6 and is of the opinion that this request does not conflict with the purpose and intent of the ordinance. Section 1.4.3 states "to facilitate the creation of a convenient, attractive and harmonious community." As previously stated there are no identified veterinary services in Southern Albemarle. Therefore, approval of this request may facilitate a more convenient community. with the uses permitted by right in the district, Approval of this request will not impact by-right uses. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.11 contains additional regulations for this type of use. Staff will address each item of Section 5.1.11 5.1.11 COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL a. Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. For non-soundproofed animal confinements, an external solid fence not less than six (6) feet in height shall be located . 2 e . within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; (Amended 11-15-89) Activities will be in a sound-proofed, enclosed, confinement. No external confinements are proposed. b. For soundproofed confinements, no such structure shall be located closer than two hundred (200) feet to any agricultural or residential lot line. For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; (Amended 11-15-89) Exact measurement is not possible, however the nearest residential lot line appears to be 100 feet. The nearest residential unit appears to be 200 feet to the south (opposite Routes 712 and 715). Animal confinement will be indoors only and will be limited to animals being boarded for medical purposes. Based on the fact that only ill animals will be boarded, sound impact should not be an issue. Staff notes that in recent reviews sound has been an issue. Monitoring of sound levels is complex and difficult. Therefore, staff is not recommending any additional sound limits and is relying on supplementary regulations to regulate the use. c. In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential property lines shall not exceed forty (40) decibels; (Amended 11-15-89) d. . No outdoor confinements are proposed. In areas where such uses may be in proximity to other uses involving intensive activity such as shopping centers or other urban density locations, special attention is required to protect the public health and welfare. To these ends the commission and board may require among other things: (Amended 11-15-89) Separate building entrance and exit to avoid animal conflicts; (Added 11-15-89) Area for outside exercise to be exclusive from access by the public by fencing or other means. (Added 11-15-89) 3 e . . This is not applicable to this case due to characteristics of the area and use of an existing individual building. and with the public health, safety and general welfare. Health Department and Building Official approval will be required. The site currently has available area for approximately ten or eleven (10 or II) parking spaces. A total of ten (lO) spaces are required to support the proposed use. No change in access is proposed. Route 712 is currently listed as non-tolerable. Staff opinion is that a vet will not generate more traffic than has been generated by past commercial uses for which the property has been approved (i.e. country store, temporary post office). Y: A tachment D provides a general discussion of commercial/service uses in the Rural Areas. The proposed use is a basic support use ( he large animal care is clearly supportive of agriculture). S aff has been unable to identify any existing veterinary s rvices on Southern Albemarle. This location at an existing c ossroads and on a major roadway should be able to provide s rvice to a large part of Southern Albemarle. e to the historical use of this property, it is unlikely that is request will have any adverse impact on adjacent properties. ile design of the access and parking is less than desirable it s proven functional for past uses. Staff opinion is that rough appropriate conditions, the items of Section 5.1.11 can addressed. Based on favorable analysis of this request under ction 31.2.4.1, staff is able to recommend approval of this quest subject to the following conditions: COMMENDED CONDITIONS OF APPROVAL: 1. Animals shall be confined to an enclosed structure; 2. Boarding of animals shall be limited to animals undergoing medical treatment; 3 Use shall not commence until the following have been obtained: a. Health Department approval; b. Building Official approval; c. provision of adequate parking. A ACHMENTS: A - B - C - D - Location Map Tax Map Letter from applicant Memo RE: Commercial uses in Rural Areas 4 , , \sl?-~\'-. ..,,-:-:. \ ...--/' \ : [In - --- -- - ~- --- -- -- -~ /),:1.'111 \ \ , '11 -\ @~'J < ". I ~. ATTACHMENT AI _~~~'J'J~ . . "'l~ -:\' \ '~\--\.'t \l 1'/ 119 i" ,/'j!'\ , -y :i'~, I /" " r.. .. ~_\~'" ' '\ \ 'I , . .1 ,to~" / .' J ~ v ~~" SP-94-10 BRASS INCORPORATED CHRISTOPHER GROVER ... o (O\VNER) (APPLICANT) v ..." ~ i~ \ "l( / 'y"':; \~- ~~] ~'.!II [lli]71 ':" I 'l. d . b21 .-:1 -[ JI!I ." Y" "" . "" ~ .:. ( ..) v <<. --1( ~ c 1'1 G ~ A NI e \J c K ':5 e . . - \" I ATTACHMENT C I DESCRIPTION OF i:)uEST: -) Piedmont Veterinary Service 1620 Epse Hill Drive Charlo tesville, Virginia 22903 Chris Grover, D.V.M. (804) 977-0411 I plan to operate a small animal veterinary clinic in the aforementioned vacant building. There will be no boarding facilitYi the only animals which will stay in the hospital overnight will be either medical or surgical patients. All animals will be kept indoors except to be leash-walked. The hour~ the week, 8 provided at drop-offs (7 (until 8 PM) of operation will be approximately 8 AM to 6 PM during AM to 12 Noon on Saturdays and emergency services night when necessary. Earlier hours for patient AM) are possible as well as evening office hours one night per week. I have been operating a large animal ambulatory practice in Albemarle county for four years and will do so. There are currently no veterinary hospitals Albemarle, the closest being in Lovingston, Fork Charlottesville. veterinary continue to in southern Union and I intend to modernize the interior of the building while maintaining the historic appeal of the exterior. The building has been used commercially for at least forty years. The building owners also own the adjoining property. This clinic should be an asset to the community with little or no disruption to the character of the rural Keene area. e . . "" -~, I ATTACHMENT C II Page 21 .he proposed veterinary clinic is within the suggested uses for rural areas. The wners of the building, who are also adjoining land owners, support this use ecause there is no veterinary facility in the Scottsville area, the closest being Fork nion or Charlottesville. Only small animals will be tr~ated in this building, owever, the location will better enable the veterinarian to serve surrounding farm wners and their livestock. he building Q,as always housed commercial ventures which did include country tores, temporary post office location, and its most recent use as an antique and econd hand furniture store. This proposed tenant will offer stability to the area hile maintaining the historic appeal of the building. These two factors grouped ith the need of veterinary care have received the support and assurance from the urrounding community. They welcome this proposed use and look forward to a ell-established, responsible individual as a long-term tenant. -""\ I I ATTACHMENT D I ...... - - e COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM TO: Albemarle County Planning Commission Ronald S. Keeler, Chief of Planning~ February 7, 1989 FROM: DATE: . RE: Commercial Uses In Rural Areas This memorandum is intended to provide a general discussion of commercial/service uses in the Rural Areas and more specifically to introduce the staff report analysis for SP-88-89 STEVEN SULLIVAN and SP-88-102 J. B. COFFEY. The Rural Areas zoning district provides for three general categories of commercial/service uses: 1. Aqriculture/Forestal uses including commercial fruit packing plants, veter~nary services, wayside stands, and sawmills. For special permit review, the primary focus has been effects on adjoining properties and other environmental concerns; 2. Tourism uses including motels and inns, restaurants, g1ft, craft, and antique shops, and agricultural museums. Special use permit review has focused on location and accessibility relative to tourist routes (for larger scale uses). 3. Basic support uses intended to provide limited basic support to remote rural/agricultural populations including country store, public garage, and day care. Staff reports for support uses have historically made reference to availability of like uses in the general area. The remainder of this memorandum will discuss a framework for review of support uses. . - - I ATTACHMENT D I r Page ~ - e Albemarle County Planning Commission Page 2 February 7, 1989 . POLICY GUIDELINES: A problem for staff in reviewing support uses is the lack of definitive policy guidelines. The statement of intent of the RA, Rural Areas zone does not contain specific language addressing support uses. Likewise, the Comprehensive Plan contains no definitive economic development policy to guide staff in reviews. As to the intent of support uses in the Rural Areas, staff has relied on recollection of discussions during formulation of the Zoning Ordinance. . SERVICE TO THE AREA: Staff reports for support uses consistently refer to availability of other like uses in the general area. Since adoption of the 1980 Zoning ordinance, only one case has arisen where adequacy of service in the general area was an issue in the public hearing process. Recently the Planning commission recommended approval of a bank outside of a growth area with no discussion as to the need for such a use nor availability of such uses within the nearby growth area (Two other banks had been recently approved within two miles of the site). . . ECONOMIC PROTECTIVE ZONING which seeks to preserve existing businesses by discouraging competition is not endorsed by staff as a legitimate purpose of zoning. At the same time, zoning is intended to provide for lithe current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies" (Section 1.5). Two concerns arise specifically in regard to the Rural Areas zone. The first is excessive commercialization to the extent that t.he rural areas becomes Ja "catchall" as opposed to an area devoted to agricultural and forestal uses. The second concern is in terms of alternative usage of development. As an example, most country stores are not desirable for residential usage or other "by right" uses. Therefore, should a country store fail as a result of competition, it may prove difficult to resist petitions for alternate commercial uses including rezonings to a commercial designation. . . STAFF APPROACH: In review of support uses, staff will employ three criteria in commenting on adequacy of service to an area: 1. Similar Uses: Staff will attempt to identify Uses of a similar character within the general area as well as to identify services available at such locations. e I ATTACHMENT D II Page 31- - - Albemarle County Planning Commission Page 3 February 7, 1989 2. Proximity to Growth Area: Staff will comment as to distance to a designated village, community, or urban area as defined by the Comprehensive Plan. 3. Traffic Counts: Traffic in the area will be used to indicate potential customer volume. Analysis based on the foregoing criteria is clearly arguable. Given available review time and manpower requirements, staff will be unable to undertake any market analysis or population analysis (based on distance or travel time). Incumbent upon the applicant will be: . · Demonstration of unserved market; · Identification of services to be provided which are not duplicated in the general area. SU~RY Since no criteria, standards, or other guidelines exist in the Zoning Ordinance or Comprehensive Plan to direct staff in review of support uses, recommendations and outcomes may not be as consistent as for other reviews. While analysis outlined under STAFF APPROACH would consistently address certain aspects of a proposal, outcomes under such an approach could vary. RSK/jcw . 11) () T\Fr'~'t' }vt'l((<) t-I H \--. - ----- V!<v 1',\ . J (7 (-I /\) F \ H , (1 r~)) b Tlt 2Rs it trl E L-' (0 u fl\S (GNt:Y ) {;:-; (; H ~ DR:; I~ () -p I IV ('-; t I; rT 8 rC- (~ t::7'0 T .5 u t3J; f-J\.) /"3 J-I JJ (; r e J<.M ) -ro ~ K ~vO VAtl D/v leer'),), M ~ ~ Kf -r F DR. 7j( Crri<Ls ceD VE R 1) \) fv'\ or r-: Ie c- ,t1 tv j) C ~, tv: ( C j ffi \Z 1= D7\'R~ T / /'J T~G' (2. ES T~ c;;j) roR. co MM0NtTi . ~ f() IJL~ T l/liA \' You /,.v?~ U E.lljc~ / /0 Fri V [).~ )~<c~ e)v1!3 /) -7ZJ (jS~ YDu/z D r-- -riffS PRDJ E(~ '7 {}ou1vrj/4u morel TxE:- L/je fE~t.- (3 --0J e Fit TI-JpCJ1 11-11..5 ?Ru ~E(J1- Luft, L ou~ wffOh.f? C OM/V) UN/tY. S/;vCER~/~ )+-: ClA'ii)w -F 7l~ i~ 1/11a1l:ClJ.T.vJ~) 7~oH1J F. !ffl14PgJ .\ ":'1\ /1(:rft"1e~fp; ~~ ..t:1-olLlZ.\~) LLL\C It, I ~~ ~~ -t~ (~Y'\ G-te-) p:?- . :Le~ (c.h~\e~ 1 ' \1\t~dl fl r~ l'R~~d\ K'''~\Jr~~~l ~~ (c ~t.i~ t 'fhe f. a. H i/ 'i:~J"/u....... e Jf-f1/ t.. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296.5823 t!1t'J.':' . I'll C ristopher A. Grover 1620 Rose Hill Drive C arlottesville, VA 22903 : SP-94-10 Brass Incorporated (OWner), Christopher Grover (Applicant) Sirs, letter is to notify you that your above-referenced petition scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, TUESDAY, MAY 10, 1994 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY, MAY 18, 1994 oth of these meetings will be held at 7:00 p.m., Meeting Room 7, Second Floor, County Office Building, 401 McIntire Road, harlottesville, Virginia. You will receive a copy of the staff eport and tentative agenda one week prior to the Planning ommission meeting. OU OR YOUR REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE EETINGS. f you should have any questions or concerns about this petition r schedule, please do not hesitate to contact me. incerely, v;dL// illiam D. Fritz enior Planner DF/Z c: Ms. Ella Carey Brass, Inc. Bruce Murray 11" .. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker & V. Wayne Cilimberg Ella W. Carey, Clerk, CMC ;,-. {}:(/ June 9, 1994 ZT A-94-03 At its meeting on May 18, 1994, the Board adopted the attached Ordinance to amend certain sections of the Zoning Ordinance. EWC/jng FClRMS\ACTION.MEM Attachment cc: Larry W. Davis Amelia McCulley ..- o R DIN A N C E AN ORDINANCE TO AMEND AND REORDAIN CERTAIN SECTIONS OF THE ALBEMARLE COUNTY ZONING ORDINANCE BE IT ORDAINED by the Board of county Supervisors of Albemarle County, V'rginia, that Section 30.6.4, AREA AND BULK REGULATIONS; MINIMUM YARD AND S TBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVA- T ON OF NATURAL FEATURES, be amended and reordained in Subsection 30.6.4.1 to r ad as follows: 3 .6.4.1 A certificate of appropriateness is required for the following: a. Except as otherwise provided in section 30.6.6, no building permit shall be issued for any purpose unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for improvements subject to such building permit. b. Except as otherwise provided in section 30.6.6 and section 32.3.8, for any development subject to approval under sec- tion 32.0, site development plan, no final site development plan shall be approved by the commission or be signed pursu- ant to section 32.4.3.6 unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for all buildings and improvements shown thereon. The certificate of appropriateness shall be binding upon the proposed development as to conditions of issuance. The certificate shall certify that the proposed development as may be modified by the conditions of issuance is consistent with the design guidelines adopted by the board of supervi- sors for the specific EC street. Signature by the zoning administrator upon the final site development plan or build- ing permit, as the case may be, shall be deemed to consti- tute such certification. In making such determination as to consistency with design guidelines, the architectural review board may specify any architectural feature as to appearance, such as, but not limited to, motif and style, color, texture and materials together with configuration, orientation and other limita- tions as to mass, shape, height and location of buildings and structures, location and configuration of parking areas and landscaping and buffering requirements to the extent such practices are authorized under the adopted design guidelines without regard to regulations of the underlying zoning district or regulations of section 32.0 of this ordinance. AND FURTHER ORDAINED that Section 30.6, Entrance Corridor Overlay D'strict be amended and reordained in subsection 30.6.6, NONCONFORMITIES; E EMPTIONS, by the addition of a sub-subsection 30.6.6.3 entitled "Exemptions" t read as follows: ~ (Page 2) 3C .6.6.3 EXEMPTIONS The provisions of section 30.6.4.1 notwithstanding, no certificate of appropriateness shall be required for the following activities: a. The following exemptions shall apply to all buildings and structures: 1. Interior alterations to a building or structure having no effect on exterior appearance of the building or structure. 2. Construction of ramps and other modifications to serve the handicapped in accord with section 4.9. 3. Repair and maintenance activities and improvements to nonconforming uses as may be authorized by the zoning administator pursuant to section 6.2. 4. Main and accessory residential, forestal and agricul- tural buildings where no site development plan is required for the work subject to the building permit. S. General maintenance where no substantial change in design or material is proposed. 6. Additions or modifications to a building where no substantial change in design or material is proposed as determined by the zoning administrator. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a t ue, correct copy of an ordinance adopted by the Board of County Supervisors o Albemarle County, Virginia, at a regular meeting held on May 18, 1994. ~w 6lerk, Board of ~l County ~ervisors OJdinance No. 94-30.6(3) , i' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY D15. ;6T13~.r~D N.bN8r:1{'~ Q,. -, - J .~, -- AGENDA T TLE: ZTA-94-0 Building Permit Review AGENDA DATE: May 18, 1994 I.TEN NUMBE~. :C l{L\ .ct~tS. ~ SUBJECT Public H Section appropri approval DISCUSS The Co constru a publi languag were no changes necessa a renov Wagner' ACTION:----1L- INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: McCulley marle county Planning Commission provided the genesis for the above noted zoning ndment. Members of the Commission had noticed that buildings not requiring a site e permitted to renovate the structure without review by the Architectural Review The renovations would often change the entire facade of the building. ON: ission recognized the need to provide an equitable review process for all tion located on an entrance corridor. This item was reviewed by the Commission in hearing at its meeting on April 19, 1994. The Commission suggested changing the proposed in section 30.6.6.3.a Exemptions. The changes made by the Commission policy changes to the document but rather were made to clarify the intent. other in the Exempt section were proposed by Mr. Don Wagner. He felt that it was y to clarify the review process and allow the Zoning Administrator to determine if tion required Architectural Review Board review. Section 30.6.6.3.a.6 reflects Mr. proposed language change. There was no other public comment. RECOMME ATION: Recommend approval of ZTA-94-03 Building Permit Review. 94.062 , COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 M MORAN DUM Rick Huff, Deputy County Administrator v. Wayne Cilimberg, Director of Planning & communityL:J[)J~ Development April 22, 1994 ZTA-94-03 Building Permit Review e Albemarle County Planning Commission, at its meeting on April , 1994, by a vote of 5-1, recommended approval of the ove-noted zoning text amendment. Attached please find a staff port which outlines this amendment. e Albemarle County Board of Supervisors is scheduled to review is amendment at their May 18 meeting. you have any questions, please do not hesitate to contact me. TACHMENT APR r'-; ~:. -"""""~"""'-~-~~~"_'~_,.""""...,,...d.'. COUNTY OF iUBEMARLE . PLANNING COMMISSION BOARD OF SUPERVISORS: MARCIA JOSEPH APRIL 19, 1994 MAY 18, 1994 . w. Proposal to Amend the Zoning To amend Section 30.6, EC Entrance Corridor Overlay District, to include the Architectural Review Board (ARB) review of building permits in the Entrance Corridor. igin: Albemarle county Planning Commission. blic Purpose: To provide an equitable application of regulations within the Entrance Corridor, and to further the purpose of the Entrance Corridor as stated in S 15.1-503.2 of the Code of Virginia. iscussion: The negative attributes connected with this amendment include the following: The surprise factor - Applicants are made aware that approval from the ARB is required for site plan approval early in the site plan review process. However, the applicant contemplating changes to his/her building; changes that do not require site plan submittal may not be aware that their building plans may require review by the ARB prior to approval. The applicant may not receive this information until they actually submit building plans. This will require a means to educate the public and county personnel. This could be done with mailings to the developers, and posters displayed in different offices containing information that explains the development process. The time factor - The applicant may not have considered the ARB review into the construction time line for his/her project. The additional review may delay the project. The time required for ARB review should not take more than two weeks of additional time. The ARB R vision ARB Building Permit Review A ril 19, 1994 2 . meets twice a month, or more if necessary. Additional staff ti.e - The ARB review will require additional time from everyone currently reviewing building permits. The person responsible for accepting the submittals must be educated to inform the applicant of all reviews required. The design planner will be responsible for review of the project and presenting it to the ARB. Past history indicates that an additional four items may be added annually for ARB review if building permits are reviewed by the ARB. The cost factor - The applicant may be required to submit additional information not currently required for a building permit. This may include drawings illustrating the elevation of the building. However, most building plans for facade treatment require the architect to sketch the finished project for the client, and the contractor. 1~e positive attributes of this amendment are as follows: Maintaining the corridor - This would allow the corridor to be treated in its entirety. The sense of place existing along the corridors could be better maintained. EstabliShing a sense of fairness - Under current regulations, any change to a site requiring a site plan is reviewed by the ARB. Any structural change to a facade requires a building permit, but does not require ARB review. It is possible to phase the improvements to a site; this would enable the applicant to do the facade changes in one phase and the site plan changes in another phase once the facade treatment had been completed. Maintaining the intent of the Code of Virginia - The Code states "that no building or structure, including signs shall be erected, reconstructed, altered or restored within any such historic district unless the same is reviewed by the architectural review board or, on appeal, by the governing body of such county or municipality as being architecturally compatible with the historic landmarks, buildings or structures therein." The ARB is unable to review building permits with the existing wording in Section 30.6 of the Zoning Revision ARB Building Permit Review April 19, 1994 3 ", Ordinance. Maintaining the econoaic health of the co..unity - The Entrance Corridors serve as significant tourist routes in Albemarle County. By establishing guidelines governing all exterior changes in the buildings and the site, the viability of the corridor will be maintained. Revisions to the ARB Building Permit Amendment 0.6.4.1 A certificate of appropriateness is required for the followina: p ExceDt as otherwise Drovided in section 30.6.~ no buildina Dermit shall be issued for anv ~uroose unless and until a certificate of apDroDriateness has been issued in accord with 30.6.7 or 30.6.8 for imDrovements subiect to such buildina Dermit. L. (!EX etas ot e 'se rov"ded in s ct' sec"o 3 .3.8 V ilia" rtt df aD-proval under section ~ ~ site development ~~~~ plan, of this erdiRaRoe, the oommissioR shall Rot f~~" appro~e aRY no final site development plan shall be aDDroved bv the glaRR~ COmmission or be sianed Dursuant to section 32.4.3.6 unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or 30.6.8 as the ease may se for all/improvements shown thereon. . If IAI J /"~q~ ~ The Stieft certifica~ h 11 be b1nding upon the proposed development as to c ndi tions of issuance. )IIElRd shall otatc The certificate shall certify that the proposed development as m~ybe,modified by the conditions of issuance is co 'istent with the design guidelines adopted by th board 0 supervisors for the specific EC street. S' e onin administr tor u on the final site develoDment Dlan or building Dermit. as the case ma b hal be deemed to constitute such certificatJ: n. In making such determination as to consistency with design guidelines, the architectural review board may specify any architectural feature as to appearance, such as'A9ut not limited to, motif and style, color, texture~and materials together with configuration, orientation and other limitations as to mass, shape, height and location of buildings and structures, R vision ARB Building Permit Review A ril 19, 1994 4 . location and configuration of parking areas and landscaping and buffering requirements to the extent such practices are authorized under the adopted design guidelines without regard to regulations of the underlying zoning district or regulations of section 32.0 of this ordinance. ~0.6.6.3 Exemptions The Drovisions of section 30.6.4.1 notwithstanding. no certificate of aD~roDriateness shall be reauired for the followina activities: AL The followina exemDtions shall aDDly to all buildinas and structures: ~ Interior alterations to a building or structure having no effect on exterior aDpearance of the buildina or structure. ~ Construction of ramDS and other modifications to serve the handicaDDed in accord with section 4.9. h R~~ir :n~ ma~nt~~e ~c~v*ties and i ove e ts 0 - ~n 0 i a uses as may authorized by the zonina administrator Dursuant to section 6.2. be ~ Main and accessory residential. forestal. and agricultural buildinas where no site develoDment plan is reauired for the work sub;ect to the buildina Dermit. ~ General maintenance where no substantial chanae in desian or material is DrODosed. ~ Additions or modifications to a building where no substantial change in design or material is DrODosed as determined by the zonina administrator. Eiffects on: R~vision ARB Building Permit Review Abril 19, 1994 5 " .. Rousing Costs - Implementation of this ordinance change will not effect housing. Housing will be exempt from review. Length of aevie. - The current review time is approximately two weeks; this will be increased by another two weeks. Administration - The design planner will be the contact person for the public, and review items in preparation for the ARB review. No additional staff will be required. staff recommends support of the zoning text amendment as ~resented above. The change in text will make treatment equitable for all properties located on the Entrance Corridor, and will maintain the character of the Charlottesville/Albemarle area. ~ote: Normal maintenance of a building including repainting is not subject to this amendment. This amendment will only effect projects that require a building permit. Rlvision ARB Building Permit Review Alril 19, 1994 6 . .. GREAT EASTERN MANAGEMENT COMPANY POST OFFICE Box l5l52e CHARLOTTESVILLE. VIRGINIA 22905-052e GENERAL OFFICE PROPERTY MANAGEMENT TELECOPIER (804) 296-4141 (804) 296-4109 (804) 293-5197 April 14, 1994 A elia G. McCulley, Zoning Administrator County of Albemarle 4 1 McIntire Road Charlottesville, VA 22902-4596 --- '....~---...--_.~., --- Dear Amelia: I have reviewed the draft of the Zoning Ordinance amendment which would make certain building permits applications subject to review by the Architectural Review Board, and offer two suggestions for consideration. 1) Add specific wording to Section 30.6.6.3 giving the Zoning Administrator authority to make the determination as to whether or not a request for a building permit in eligible for exemption. When we discussed this a few weeks ago, you advised that the intent was for the Zoning Administrator to make this determination. To avoid any question, I suggest the ordinance should specifically so state. This is important because the Zoning Administrator would make this determination as a part of the routine review of building permits without adding appreciable time to the process. If, on the other hand, the ARB had to make the determination, building permits could be held up for weeks awaiting the next ARB meeting. 2) Add the words "or modifications" to 30.6.6.3.6 so that it reads "Additions or modifications to a building where no substantial change in design or material is proposed." with- out this wording, such a simple thing as changing from a single door to a double door in a storefront would require ARB approval. I see both of these suggestions as "housekeeping" items which do n t change the thrust of the ordinance but will solve possible problems before they come up. Please forward them to the Planning C mmission and Board along with your recommendations. Very truly yours, Donald J. Wagner c Jacquelyn Huckle Walter Perkins b dgprm2.arb djw/c DEVELOPMENT . CONeTRUCTION . FINANCE . MANAGEMENT . David P. Bo rman Charlotte ilIe COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902.4596 (804) 296.5843 FAX (804) 972-4060 Charles S. Martin R ivanna Charlotte y, umphris Jack Jou It Walter F. Perkins White Hall Forrest R. Ma shall, Jr. Scottsvi Ie Sally H. Thomas Samuel Miller o TO: Board of Supervisors Ella W. Carey, Clerk, CMC tLJ.[/ June 3, 1994 Supplement No. 74 to the Zoning Ordinance tached are amended sheets to be placed in your copy of the zoning dinance. These changes were occasioned by the amendments adopted May 18, 1994, requiring a certificate of appropriateness from e Architectural Review Board prior to building permit approval r construction in an entrance corridor. . C/len Robert W. Tucker, Jr. (1) Richard Huff, II (1) Larry W. Davis (3) Water Resources Manager (1) V. Wayne Cilimberg (12) Amelia McCulley (15) Clerk (3) . (1) Printed on recycled paper . 30.6 3.2 BY SPECIAL USE PERMIT a. Uses permitted by special use permit shall include all uses permitted by special use permit in the underlying districts; b. Outdoor storage, display and/or sales serving or associated with permitted uses, any portion of which would be visible from an EC street; provided that review shall be limited to the intent of this section. Residential, agricultural and forestal uses shall be exempt from this provision. (Amended 9-9-92) 30.6 4 AREA AND BULK REGULATIONS; MINIMUM YARD AND SETBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVATION OF NATURAL FEATURES Area and bulk regulations, including options for bonus factors (except where the provisions of this section require provision of improvements or design features for which a bonus might otherwise be permitted) and rural preservation development, minimum yard, and setback requirements, and height regulations shall be as provided by the underlying district, except that the following provisions and limitations shall apply to any development or portion thereof which shall be visible from a desi.gnated EC street. 30.6.4.1 A certificate of appropriateness is required for the following: a. Except as otherwise provided in section 30.6.6, no building permit shall be issued for any purpose unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for improvements subject to such building permit. . b. Except as otherwise provided in section 30.6.6 and section 32.3.8, for any development subject to approval under section 32.0, site development plan, no final site development plan shall be approved by the commission or be signed pursuant to section 32.4.3.6 unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for all buildings and improvements shown thereon. The certificate of appropriateness shall be binding upon the proposed development as to conditions of issuance. The certificate shall certify that the proposed development as may be modified by the conditions of issuance is consistent with the design guidelines adopted by the board of supervisors for the specific EC street. Signature by the zoning administrator upon the final site development plan or building permit, as the case may be, shall be deemed to constitute such certification. In making such determination as to consistency with design guidelines, the architectural review board may specify any architectural feature as to appearance, such as, but not limited to, motif and style, color, texture and materials together with configuration, orientation and other limitations as to mass, shape, height and location of buildings and structures, location and configuration of parking areas and landscaping and buffering requirements to the extent such practices are authorized under the adopted design guidelines without regard to regulations of the underlying zoning district or regulations of section 32.0 of this ordinance. (Amended 5-18-94) . -198.3- (Supp. #74, 5-18-94) 30.6.6. .0.6.6. 30.6.6. . 30.6.7 . Any use, activity, lot or structure subject to the provisions of the EC overlay district which does not conform to the provisions of the EC overlay district shall be subject to section 6.0, nonconformities, of this ordinance. No provisions of this section shall be deemed to preclude the zoning adminis- trator from authorizing repair and maintenance activities as set forth in section 6.2 upon determination that the same would not be contrary to the intent of the EC district. EXEMPTIONS (Added 5-18-94) The provisions of section 30.6.4.1 notwithstanding, no certificate of appro- priateness shall be required for the following activities: a. The following exemptions shall apply to all buildings and structures: 1. Interior alterations to a building or structure having no effect on exterior appearance of the building or structure. 2. Construction of ramps and other modifications to serve the handi- capped in accord with section 4.9. 3. Repair and maintenance activities and improvements to nonconform- ing uses as may be authorized by the zoning administator pursuant to section 6.2. 4. Main and accessory residential, forestal and agricultural build- ings where no site development plan is required for the work subject to the building permit. 5. General maintenance where no substantial change in design or material is proposed. 6. Additions or modifications to a building where no substantial change in design or material is proposed as determined by the zoning administrator. ADMINISTRATION Section 30.6, entrance corridor overlay district - EC, shall be administered by an architectural review board created and appointed by the board of supervisors of Albemarle County pursuant to section 34A, architectural review board, of this ordinance. The architectural review board shall be responsible for issuance of certifi- cates of appropriateness as required by this section. Application for a certificate of appropriateness together with a fee as set forth in section 35.0, fees, of this ordinance shall be filed by the owner or contract purchas- er of the subject property with the zoning administrator. Materials submitted with the application or on subsequent request by the architectural review board shall include all plans, maps, studies and reports which may be reason- ably required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. The zoning administrator shall forward the application together with all accompanying materials to the architectural review board within five (5) calendar days of the date of application. Notice of application submittal shall be sent by first class mail to each member of the commission and board of supervisors. No certificate of appro- priateness shall be issued within ten (10) calendar days of the date of mailing of such notice. The notice shall state the type of use proposed, specific location of development, including magisterial district, appropriate county office where the application may be reviewed and date of the architec- tural review board meeting. Upon receipt of an application, the architectural review board shall schedule the same for hearing and shall cause such notice to be sent as herein above required. The architectural review board shall confer with the applicant and shall approve or disapprove such application -198.7- (Supp. #74, 5-18-94) ..- . COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902.4596 (804) 296.5843 FAX (804) 972-4060 Charles S. Martin Rivanna Walter F, Perkins White Hall Sally H. Thomas Samuel Miller o TO: Board of Supervisors Ella W. Carey, Clerk, CMC bLJ'[/ June 3, 1994 Supplement No. 74 to the Zoning Ordinance . tached are amended sheets to be placed in your copy of the zoning dinance. These changes were occasioned by the amendments adopted May 18, 1994, requiring a certificate of appropriateness from t e Architectural Review Board prior to building permit approval for construction in an entrance corridor. Robert W. Tucker, Jr. (1) Richard Huff, II (1) Larry W. Davis (3) Water Resources Manager (1) v. Wayne Cilimberg (12) Amelia McCulley (15) Clerk (3) . * Printed on recycled paper . . . .- - r 30.6.3.2 30.6.4 30.6.4.1 BY SPECIAL USE PERMIT a. Uses permitted by special use permit shall include all uses permitted by special use permit in the underlying districts; b. Outdoor storage, display and/or sales serving or associated with permitted uses, any portion of which would be visible from an EC street; provided that review shall be limited to the intent of this section. Residential, agricultural and forestal uses shall be exempt from this provision. (Amended 9-9-92) AREA AND BULK REGULATIONS; MINIMUM YARD AND SETBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVATION OF NATURAL FEATURES Area and bulk regulations, including options for bonus factors (except where the provisions of this section require provision of improvements or design features for which a bonus might otherwise be permitted) and rural preservation development, minimum yard, and setback requirements, and height regulations shall be as provided by the underlying district, except that the following provisions and limitations shall apply to any development or portion thereof which shall be visible from a designated EC street. A certificate of appropriateness is required for the following: a. Except as otherwise provided in section 30.6.6, no building permit shall be issued for any purpose unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for improvements subject to such building permit. b. Except as otherwise provided in section 30.6.6 and section 32.3.8, for any development subject to approval under section 32.0, site development plan, no final site developmen't plan shall be approved by the commission or be signed pursuant to section 32.4.3.6 unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8 for all buildings and improvements shown thereon. The certificate of appropriateness shall be binding upon the proposed development as to conditions of issuance. The certificate shall certify that the proposed development as may be modified by the conditions of issuance is consistent wi.th the design guidelines adopted by the board of supervisors for the specific EC street. Signature by the zoning administrator upon the final site development plan or building permit, as the case may be, shall be deemed to constitute such certification. In making such determination as to consistency with design guidelines, the architectural review board may specify any architectural feature as to appearance, such as, but not limited to, motif and style, color, texture and materials together with configuration, orientation and other limitations as to mass, shape, height and location of buildings and structures, lc.cation and configuration of parking areas and landscaping and buffering requirements to the extent such practices are authorized under the adopted design guidelines without regard to regulations of the underlying zoning district or regulations of section 32.0 of this ordinance. (Amended 5-18-94) -198.3- (Supp. #74, 5-18-94) ---.-..- ..,_... -..-......... ~- 30.6.6. .0.6.6. 30.6.6. . 30.6.7 . Any use, activity, lot or structure subject to the provisions of the EC overlay district which does not conform to the provisions of the EC overlay district shall be subject to section 6.0, nonconformities, of this ordinance. No provisions of this section shall be deemed to preclude the zoning adminis- trator from authorizing repair and maintenance activities as set forth in section 6.2 upon determination that the same would not be contrary to the intent of the EC district. EXEMPTIONS (Added S-18-94) The provisions of section 30.6.4.1 notwithstanding, no certificate of appro- priateness shall be required for the following activities: a. The following exemptions shall apply to all buildings and structures: 1. Interior alterations to a building or structure having no effect on exterior appearance of the building or structure. 2. Construction of ramps and other modifications to serve the handi- capped in accord with section 4.9. 3. Repair and maintenance activities and improvements to nonconform- ing uses as may be authorized by the zoning administator pursuant to section 6.2. 4. Main and accessory residential, forestal and agricultural build- ings where no site development plan is required for the work subject to the building permit. S. General maintenance where no substantial change in design or material is proposed. 6. Additions or modifications to a building where no substantial change in design or material is proposed as determined by the zoning administrator. ADMINISTRATION Section 30.6, entrance corridor overlay district - EC, shall be administered by an architectural review board created and appointed by the board of supervisors of Albemarle County pursuant to section 34A, architectural review board, of this ordinance. The architectural review board shall be responsible for issuance of certifi- cates of appropriateness as required by this section. Application for a certificate of appropriateness together with a fee as set forth in section 3S.0, fees, of this ordinance shall be filed by the owner or contract purchas- er of the subject property with the zoning administrator. Materials submitted with the application or on subsequent request by the architectural review board shall include all plans, maps, studies and reports which may be reason- ably required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. The zoning administrator shall forward the application together with all accompanying materials to the architectural review board within five (S) calendar days of the date of application. Notice of application submittal shall be sent by first class mail to each member of the commission and board of supervisors. No certificate of appro- priateness shall be issued within ten (10) calendar days of the date of mailing of such notice. The notice shall state the type of use proposed, specific location of development, including magisterial district, appropriate county office where the application may be reviewed and date of the architec- tural review board meeting. Upon receipt of an application, the architectural review board shall schedule the same for hearing and shall cause such notice to be sent as herein above required. The architectural review board shall confer with the applicant and shall approve or disapprove such application -198.7- (Supp. #74, 5-18-94) " David p, Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902.4596 (804) 296-5843 FAX (804) 972-4060 Charles S. Martin Rivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Miller KEMO TO: Board of Supervisors FROK: Ella W. Carey, Clerk, CMC [LJL/ DATE: June 3, 1994 SUBJECT: Supplement No. 74 to the zoning Ordinance Attached are amended sheets to be placed in your copy of the zoning Ordinance. These changes were occasioned by the amendments adopted on May 18, 1994, requiring a certificate of appropriateness from the Architectural Review Board prior to building permit approval for construction in an entrance corridor. Po~~;~~'.routlng request pad 7664 EWC/len Please DREAD o HANDLE o APPROVE and o FORWARD o RETURN o KEEP OR DISCARD o REVIEW WITH ME ROUTING - REQUEST To CJ/d O'lf,ttq!s cc: Robert W. Tucker, Jr. (1 Richard Huff, II (1) Larry W. Davis (3) Water Resources Manager V. Wayne cilimberg (12) Amelia McCulley (15) Clerk (3) Date From (1) * Printed on recycled paper . 30.6.3.2 BY SPECIAL USE PERMIT a. Uses permitted by special use permit shall include all uses permitted by special use permit in the underlying districts; b. Outdoor storage, display and/or sales serving or associated with permitted uses, any portion of which would be visible from an EC street; provided that review shall be limited to the intent of this section. Residential, agricultural and forestal uses shall be exempt from this provision. (Amended 9-9-92) 30.6.4 AREA AND BULK REGULATIONS; MINIMUM YARD AND SETBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVATION OF NATURAL FEATURES Area and bulk regulations, including options for bonus factors (except where the provisions of this section require provision of improvements or design features for which a bonus might otherwise be permitted) and rural preservation development, minimum yard, and setback require- ments, and height regulations shall be as provided by the underlying district, except that the following provisions and limitations shall apply to any development or portion thereof which shall be visible from a designated EC street. 30.6.4.1 For any development subject to approval under section 32.7, site development plan, of this ordinance, the commission shall not approve any final site development plan unless and until a certificate of appropriateness has been issued in accord with section 30.6.7 or section 30.6.8, as the case may be, for all buildings and improvements shown thereon. Such certificate of appropriateness shall be binding upon the proposed development as to conditions of issuance and shall state that the proposed development as may be modified by conditions of issuance is consistent with the design guidelines adopted by the board of supervisors for the specific EC street. In making such determination as to consistency with design guidelines, the architectural review board may specify any architectural feature as to appearance, such as, but not limited to, motif and style, color, texture and materials together with configuration, orientation and other limitations as to mass, shape, height and location of buildings and structures, location and configuration of parking areas and landscaping and buffering requirements to the extent such practices are authorized under the adopted design guidelines without regard to regulations of the underlying zoning district or regulations of section 32.0 of this ordinance. -198.3- (Supp. #68, 9-9-92) . 30.6.6.1 Any use, activity, lot or structure subject to the provisions of the EC overlay district which does not conform to the provisions of the EC overlay district shall be subject to section 6.0, nonconformities, of this ordinance. 30.6.6.2 No provisions of this section shall be deemed to preclude the zoning administrator from authorizing repair and maintenance activities as set forth in section 6.2 upon determination that the same would not be contrary to the intent of the EC district. 30.6.7 ADMINISTRATION Section 30.6, entrance corridor overlay district - EC, shall be administered by an architectural review board created and appointed by the board of supervisors of Albemarle County pursuant to section 34A, architectural review board, of this ordinance. The architectural review board shall be responsible for issuance of certificates of appropriateness as required by this section. Application for a certificate of appropriateness together with a fee as set forth in section 35.0, fees, of this ordinance shall be filed by the owner or contract purchaser of the subject property with the zoning administrator. Materials submitted with the application or on subsequent request by the archi- tectural review board shall include all plans, maps, studies and reports which may be reasonably required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. The zoning administrator shall forward the application together with all accompanying materials to the architectural review board within five (5) calendar days of the date of application. Notice of application submittal shall be sent by first class mail to each member of the commission and board of supervisors. No certificate of appropriateness shall be issued within ten (10) calendar days of the date of mailing of such notice. The notice shall state the type of use proposed, specific location of development, including magisterial district, appropriate county office where the application may be reviewed and date of the architectural review board meeting. Upon receipt of an application, the architectural review board shall schedule the same for hearing and shall cause such notice to be sent as herein above required. The architectural review board shall confer with the appli- cant and shall approve or disapprove such application -198.7- (Supp. #57, 10-3-90) ~0T;:l?l~EI~/Z> COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902.4596 (804) 296.5823 MEMORANDUM TO: Robert W. Tucker, Jr., County Executive v. Wayne Cilimberg, Director of Planning & Community / ~(! . Development UG ~ FROM: DATE: April 22, 1994 RE: Resolution of Intent The Albemarle County Planning Commission, at its meeting on April 5, 1994, unanimously adopted the following resolution of intent to amend the Zoning Ordinance as follows: "Amend Section 35.0 Fees to allow the Board of Supervisors to waive fees in certain circumstances." If you have any questions, please do not hesitate to contact me. VWC/jcw ccw~.,y (~r /"Sn"li'\RLE t .:_. r;1 III \ ' ~ I ~ ~ L. '.' Ii ; ij;l \ , l ~ ,.,.J OJ ,:...........-" APR