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HomeMy WebLinkAbout1993-12-08 FIN A L 7:00 P.M. December 8, 1993 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) . Discussion: Corville Farm Subdivision, central well system, request for funding (deferred from December 1, 1993). Public Hearing on a request from A. G. Dillard to amend the service area boundaries of the Albemarle County Service Authority to include Tax Map 79, Parcel 4P, located in Hunter's Hall Subdivision, for water service. Public Hearing on an ordinance to amend and reenact Section 2.1-4(c) known as the "Eastham Agricultural and Forestal District" to add parcels located on Rt 621, Rt 612 and Rt 20N. The proposed addition contains 135.188 ac. in 8 parcels. The proposed time period is the same as for the original district, or 10 years from October 13, 1993. SP-93-26. Kermit & Ellen Roberts. Public Hearing on a request for a home occupation-Class B to permit a one chair barber shop. Property consists of 128.25 ac zoned RA & is located on a pvt rd approx 0.45 mi E of Rt 663 & 600 ft N of the Rt 664/Rt 663 inters. TM9,P24. White Hall Dist. (Property is not located in designated growth area. ) SP-93-27. David A. Currier. Public Hearing on a request for a home occupation-Class B to permit an artist's studio utilizing an acces- sory structure which does not meet the required setbacks for a primary structure. Property consists of 2.0 ac zoned RA & is located on W side of Rt 678 approx 0.7 mi W of Rt 678/Rt 601 inters. TM29,P69E. White Hall Dist. (Property is not located in designated growth area.) SP-93-30. Grayson Vaughn (applicant); Rio Road Limited Partnership. Public Hearing on a request for a commercial recreation establish- ment to allow slot car racing on 22.87 acs zoned PD-SC. Property in Albemarle Square. TM61,PI23. Charlottesville Dist. Site is recommended for Community Service. CPA-93-06. Neighborhood Three Study. Public Hearing to consider an amendment to the Comprehensive Plan, re: the recommendations of the Neighborhood Three Study Committee to guide future development: within Neighborhood Three. Approval of Minutes: May 13(A), November 4, December 2 and December 9, 1992; March 15(A) and May 12, 1993. Other Matters Not Listed on the Agenda from the BOARD. Executive Session: Personnel Matters. Certify Executive Session. Adjourn. 8) 9) 1~)) 1 ) Ib) IB) u) l~a) l~b) Ip) CON S E N T AGENDA FbR INFORMATION: 5.1 Copy of minutes of the Board of Directors of the Albemarle County Service Authority for October 14, 1993. 5.2 Copy of Planning Commission minutes for November 9, 1993. 5.3 Copy of minutes of the Board of Directors of the Rivanna Water & Sewer Authority for October 25, 1993. 5.4 Letter dated November 29, 1993, from Nelson J. Shaw, Area Forester,. Albemarle County, Department of Forestry, re: notice that Tax Map 136-29 appears to have a small infestation of South pine Beetle. FbR APPROVAL: 5.5 Appoint Mr. Richard E. Huff, II, to the PACC-Tech Committee to replace Mr. Robert B. Brandenburger. 5.6 Appoint Mr. Pete Craddock to the Milton Airport Study Advisory Committee to replace Mr. Gerald Dixon. Edward H. Ba n, Jr. Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 MEMORANDUM Forrest R. Marshall, Jr. Scottsville David P. Bow rman Charlottes viII Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning & Community Development Ella W. Carey, Clerk (LiJe/ December 9, 1993 Board Actions of December 8, 1993 Following is a list of actions taken by the Board of Supervisors at its meeting on December 8, 1993: Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBLIC. There were none. Agenda Item No. 5.5. Appoint Mr. Richard E. Huff, II, to the PACC-Tech Committee to replace Mr. bert B. Brandenburger. APPOINTED. Agenda Item No. 5.6. Appoint Mr. Pete Craddock to the Milton Airport Study Advisory Committee to r lace Mr. Gerald Dixon. APPOINTED. Agenda Item No.6. Discussion: Corville Farm Subdivision, central well system, request for nding (deferred from December 1, 1993). DEFERRED until December 15 to review a resolution to approve the request. (Attached is a copy of a resolution which has been forwarded to Jo Higgins and George St. John for their review.) Agenda Item No.7. Public Hearing on a request from A. G. Dillard to amend the service area b undaries of the Albemarle County Service Authority to include Tax Map 79, Parcel 4P, located in Hunter's all Subdivision, for water service. DENIED l\~emo To: Robert W. Tucker, Jr. V. Wayne Cilimberg December 9, 1993 I ate: (Page 2) Agenda Item No.8. Public Hearing on an ordinance to amend and reenact Section 2.1-4(c) known as tile "Eastham Agricultural and Forestal District" to add parcels located on Rt 621, Rt 612 and Rt 20N. The p oposed addition contains 135.188 ac. in 8 parcels. The proposed time period is the same as for the original d strict, or 10 years from October 13, 1993. ADOPTED the attached ordinance. Agenda Item No.9. SP-93-26. Kermit & Ellen Roberts. Public Hearing on a request for a home o cupation-Class B to permit a one chair barber shop. Property consists of 128.25 ac zoned RA & is located on a pvt rd approx 0.45 mi E of Rt 663 & 600 ft N of the Rt 664/Rt 663 inters. TM9,P24. White Hall Dist. Al!>>PROVED subject to the following conditions: 1. Approval is for a one chair barber shop with operational hours and days limited to 3:00 p.m. to 9:30 p.m. on Tuesdays and Wednesdays; 2. Combine parcels into one tract by deed. No subsequent subdivision (including family division) nor establishment of any additional dwellings shall be permitted unless this special use permit is abandoned. (Restoration of parcels shall be permitted without compliance with the Subdivision Ordinance.); 3. Compliance with Section 5.2 of the Zoning Ordinance. Agenda Item No. 10. SP-93-27. David A. Currier. Public Hearing on a request for a home occupa- ti~>n-Class B to permit an artist's studio utilizing an accessory structure which does not meet the required sc tbacks for a primary structure. Property consists of 2.0 ac zoned RA & is located on W side of Rt 678 approx 07 mi W of Rt 678/Rt 601 inters. TM29,P69E. White Hall Dist. APPROVED subject to the following c nditions: 1. Setback requirements of Section 5.2.2.1(b) is hereby modified to allow usage of existing shed structure; 2. Compliance with all other provisions of Section 5.2 including improvement of sight distance at entrance (5.2.1) as recommended by Virginia Department of Transportation. Agenda Item No. 11. SP-93-30. Grayson Vaughn (applicant); Rio Road Limited Partnership. Public :f earing on a request for a commercial recreation establishment to allow slot car racing on 22.87 acs zoned pb-sc. Property in Albemarle Square. TM61,PI23. Charlottesville Dist. Site is recommended for C~mmunity Service. APPROVED subject to the following conditions: 1. No alcohol sales; 2. Use is limited to 1649 Seminole Trail; 3. Commercial recreation uses shall be limited to slot car racing and video games. Agenda Item No. 12. CPA-93-06. Neighborhood Three Study. Public Hearing to consider an amend- IT ent to the Comprehensive Plan, re: the recommendations of the Neighborhood Three Study Committee to g~ide future development within Neighborhood Three. APPROVED CPA-93-06 to amend the Comprehensive P an to include the following statement as a recommendation in the Neighborhood Three Profile (page 169): emo To: Robert W. Tucker, Jr. V . Wayne Cilimberg December 9, 1993 Consider the recommendations of the Neighborhood Three Study as a guide for development. Adoption of this study as a guide does not constitute a commitment by the County toward the funding of proposed projects or programs outlined. Possible funding may only occur after the full impact of a project or program in regards to all capital, personnel and operating costs are fully understood. Also, all projects and programs recommended in this Study must be properly evaluated and prioritized relative to all other County projects in terms of possible funding. Agenda Item No. 14. Other Matters Not Listed on the Agenda from the BOARD. Mr. Tucker asked Board members to return any notebooks they had for the budget last year so they can b reused this year. Mr. Perkins mentioned the attached letter from Whitney and Rosemary Critzer concerning the r naming of Critzer Shop Road. The Board requested staff to prepare a letter, for the Chairman's signature, e pressing the Board's opposition to renaming Critzer Shop Road to Patrick Henry Highway. Mr. Bain reported on a hearing held by VDoT concerning Route 682 gravel road improvements. Agenda Item No. 15. Adjourn. Adjourned at 9:35 p.m. Richard E. Huff, II Roxanne White George R. St. John Amelia McCulley J 0 Higgins Bruce W oodzell File o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS IN SECTION 2.1-4, DISTRICTS DESCRIBED BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, t~at Section 2.1-4 of Chapter 2.1, Agricultural and Forestal Districts, of the Cpde of Albemarle be amended and reenacted in subsection (c) known as the "iEastham Agricultural and Forestal District" by the addition of parcels, all as fpllows: (c) The district known as the "Eastham Agricultural and Forestal District" consists of the following described properties: Tax map 63, parcels 1, lA, 1A1, 2, 4, 14G, 14H, 14I, 26, 26A, 27, 30F, 30G, 41A, 41A1. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, c prrect copy of an ordinance unanimously adopted by the Board of County Srpervisors of Albemarle County, Virginia, at a regular meeting held on D,cenilier 8, 1993. J;{U tlJ &~/~ Ella W. Carey, Clerk, CMC 61 ,-.1 \-., .--" . Route One, Box 426 Afton, Virginia 22920 703-456-67',3 November 19, 1993 Albemarle County Board of Supervisors Albemarle County Office Building Charlottesville, VA 22901 Dear Board Members: My wife and I live on Critzer Shop Road (I think?) in Albemar~e County near the Nelson County line. We operate a small Direct Marketing Farm operation at this location and in so doing, we seek to sell all of our fruit, vegetables and flower plants direct to the consumer. As you know, in order for our farm business to survive, it will be essential for our prospective customers from Charlottesville, Staunton, Waynesboro as well as surrounding counties to find us. It is with regard to "finding us" that makes it necessary for me to write you this letter. I live one mile from Route 250 on some road we just are not sure what road yet. I have lived at' the same place for my entire life. When I was born, it was known as Route 638 one mile from 250. About early 1960 at which time while still living at the same place it was changed to Route 6 one mile from 250. Then, around 1990, Route 6 becomes Route 151. the sign on the road said old Route 6 hew 151 while a nearhy sign said old 151 new 6. What a challenge trying to describe to someone over the telephone where you live. I was told at the time that people were having a difficult time figuring out which was 6 and which was 151. If in 27 years people were still confused about 151 on 6, we can only assume that swopping numbers 6 for 151 and 151 for 6 will still be confusing for another 27 years, new 6 old 151 and new 151 and old 6. page 2 r' Since you are probably lost by now, I have some good news for you -- or at least I thcught I did -- along cc~es the Emergency 911 road naming plan and we can have a road to identify ourselves by. No ~ore t~ying to explain 638 or old 6 or new 151, just Critzer Shop Road. The county selected the name (I didn't) and (did not request) that it be named accordingly (It goes back many years ago when there was a Blacksmith Shop on t~is road). Anyway, I certainly have no problem with the current name. However, I have just been informed that there are plans ahead to request changing the name from Critzer Shop Road to Patrick Henry Highway. I have no problem with Patrick Henry. I think he was a fine christian man and we would do well to follow his example. The bottom line is this, when we moved out of the number game and finally had a name for our road, we developed a logo and spent considerable money in printing and advertising using our road name; and I am convinced that whoever changes the name of the road again will be responsible for reimbursing my small business all cost and any inconvenience regarding this name change if it comes about. I believe Albemarle County had public hearings to receive comments on the naming of roads in the county. I would like to be informed when the hearing will be held for the changing of the name on Critzer Shop Road; will you please advise me of any details you receive regarding this matter. I appreciate your attention to this matter and helping me in this which might seem very minor to you but we consider it to be a major issue to us as it will have a tremendous impact on our small business. Sincerely, 1J~:lJ Whitney and Rosemary Critzer WC/rc cc: Mr. Tommy Harvey, North District Supervisor (Nelson) Nel~;on County Board of Supervisors Mr. Walter Perkins, Whitehall District Supervisor (Albemarle) , , Edward H Ba, . Jr Samuel Mille COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesvill~ Virginia 22901-4596 (804) ~&58:bv RfIfX W30Ifl 9171'4060 =orrest R Marshall. Jr Scottsville David P Bow rman Charlotlesvill Charles S Martin Rivanna Charlotte Y H mphns Jack Jouett Walter F Perkins White Hall Patrick Mullaney, Director of Parks and Recreation Ella W. Carey, Clerk 8;) <.--- December 9, 1993 Notice of Southen Pine Beetle Infestation At the request of Mr. Huff, I am forwarding to you the tached letter dated November 29, 1993, from Nelson J. Shaw, ea Forester, notifying the County that Tax Map 136-29 appears have a small infestation of South pine Beetle. Mr. Huff asked at this information be treated the same as you treated other tifications, and advise him, if necessary. C:mms A tachment .. 1 -.. IJ-3-C;h '11, 1;(,0 ~ C :?, <I ) M T. GRIFFI!N Regional Fordler COMMONWEALTH of VIRGINIA DEPARTMENT OF FORESTRY Old Route 29S & Fontaine Avenue Post Office Box Q I :i-I,' Charlottesville, Virginia 2290~ rD1 ~ @ ..J ~ 'N/ OrL, rr~.. ,11 (804) 977-5193 '; ,', i ifl:'I~i~I~~marle Board Of superv~~~~mber 29, 1993 J1 i j UJ) 1 C~arlottesvi1le, VA 22901 0:.o~RD OF SUPERVISOR:;' I Tax Map Number 136-29 D~ar Landowner( s) D~e to a severe outbreak of Southern Pine Beetle (SPB), the Virginia Department of F~restry recently conducted an aerial survey of Albemarle County. We took color aerial p~otographs of the entire county to assist us in locating the brown and yellow pine trees inkiicative of Southern Pine Beetle infestation. Itj appears from this recent photograph that you may have a small infestation of Southern Pine Beetle on your property. The most practical method of Southern Pine Beetle control is to cut and remove the in\fested pine trees through a timber harvest. However, due to the thousands of i;estations across the county, it has been increasingly difficult to get timber buyers. to cut saller infestations like yours. Although we are notifying all affected landowners, please r lize that it may be difficult to find someone willing to harvest your small acreage. If: you are unable to sell your trees, you may have to pay a commercial tree company to rejmove your infested trees. Refer to the yellow pages under "Tree Service" for a listing of cdmmercial tree companies in your area. In picking a professional tree service be sure to a8k for a list of previous clients and their phone numbers. A little work in investigation is th~ best way to make sure you get the service you need and pay for. We are not telling you th~t you must cut your infested pine trees, but we strongly urge you to remove dead pine trtes that pose a saftey hazard. i SJ.metimes in mid-summer, just cutting the infested trees down and leaving them in the sun m y prevent further attacks. Healthy pine trees can be sprayed to prevent attack, but this is not generally recommended because it requires high-volume use of an insecticide that c ,n only be applied by a professional with special equipment. Mission: A Forest Resource to Meet the Needs of the Commonwealth Tax Map Number 136-29 I know this is a lot of information to process at once, so please, if you have any questions, feel free to contact us at the Virginia Department of Forestry at (804)977-5193 (Monday - Friday, 8:15 AM - 5 PM); or write to us at Dept. of Forestry, P. O. Box Q, Charlottesville, VA 22901. There is an answering machine for messages in case you need to call in the evenings or early morning. Please ask for the SPB Technician regarding any questions and concerns about this infestation. Please understand that delaying removal operations for any reason may give the insects more time to infest and destroy your pine trees. Sincerely, fJ,J~~- (~ Nelson J. Shaw, Area Forester Albemarle County Enclosures I L)/sf /2/fj93 9-/ (20,P(S~ 5' ) MEMORANDUM December 8, 1993 of Supervisors e ~~ County Executiv~v}l TO: FROM: DATE: Albemarle County Board Robert W. Tucker, Jr., RE: PACC-TECH Committee A you know, Bob Brandenburger has been serving on the PACC-TECH C mmittee for the past several years. Since his departure, I am r commending that Mr. Richard E. Huff, II replace him on the PACC- T CH Committee with your approval. S ould you have any questions concerning this matter, please do not h sitate to contact me. R T,Jr.jdbm 9 .224 i);~f /2/r /93 9':;, /.20;(5,&) COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-45% (804) 296.5823 M MORAN DUM . ---.,..,.,.,._,. ---_,1 ) SlJC,r:O',IIC"OO'''' ._.v.>c.",~~..,.:""::~ a ''J tv .', .~) ..,.J Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning and communitytl~ Development December 7, 1993 Milton Airport Study Advisory Committee (Consent Agenda-For Approval) March 4, 1992, the Board of Supervisors confirmed citizen mbership on the Milton Airport Study Advisory Committee. This udy is one of the Area B studies being conducted under the ree party planning agreement between the City, County and iversity. The two citizen members confirmed were Gerald Dixon a d Paul Tompkins. Mr. Dixon has since moved away from the Milton area and is no longer participating on the Advisory C ittee. Another citizen in the area, Pete Craddock, has volunteered to take Mr. Dixon's place. As we are in the final st ges of completing the study, I would recommend the Board co firm Mr. Craddock as a member of the Advisory Committee. cc: Rick Huff Kenneth Weaver I - .. .. lATE Dee PI /97;5 } GENnA ITEM NO. 71,1/ /7 (p t, -7 } GENnA ITEM NAME ~CilV)/h 1aJ /Y/j I EFERRED UNTIL /JeC l..s- I /J9.2 , .f :" Form.3 7/25/86 ..... I I . ... ~ , SUBJECT Request to provi structur 4P, Hunt STAFF CO Messrs. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY po--? -q~ ..~~. _..____-1 -:;0 OF 3U?EHV!SOf\S aring to consider amending the County Service Authority ional Area - A. G. Dillard AGENDA DATE: December 8, 1993 ITEM NUMBER: 9ft f1()1,/P~ ? INFORMATION: ACTION: X UEST: Areas CONSENT AGENDA: ACTION: INFORMATION: Parcel ATTACHMENTS: Yes Cilimberg REVIEWED BY: BACKGRO The Boa d of Supervisors considered going to public hearing for this request at its November 3, 1993 meeting. The Board set this public hearing to consider water only to existing structu es for fire suppression only (the applicant at a minimum desires public water for the buildin 's sprinkler system). The Board requested more information on the implications of such a esignation and how the Albemarle County Service Authority would proceed with such a designa ion. ON: The Al emarle County Service Authority has provided comment regarding this possible designa ion (attached). In summary, the Authority indicates it can provide such a service if so d sired by the Board of Supervisors. Mr. Bill Brent has indicated to staff verbally that su h a designation will require a unique rating for charges which will have to be determi ed initially on a case by case basis. The Authority does not currently charge for use of water for fire protection through fire hydrants, but has no existing individual service for fire suppression. Mr. Brent has not indicated any technical problems with providi g water service for this request. The onl adoptio rural a cannot The onl protect residen connect denied assess which i RECOMME By exis growth health the Rur public health extend pres sur this on sprinkl service amendme Tax Map system) DILLARD SUM 93.187 precedent for service to provide fire protection was the Board of Supervisor's of a policy (October 9, 1993) allowing fire hydrants on existing water lines in eas that are outside of the Service Authority's service area boundaries. Staff ind evidence of jurisdictional area changes just for fire suppression purposes. request staff can find was from Watterson Farms asking for public water for fire on only. This proposal would have involved extending new water lines along ial streets from existing lines to provide standard fire service. Residential ons would be restricted - water lines would be for hydrants only. This request was fter two primary concerns were raised by staff - (1) how to equitably and effectively or service, and (2) increased potential for future requests for full water service, in contrast to the Comprehensive Plan. ATION: ing Comprehensive Plan policy, any jurisdictional area change outside of designated reas should be made only when property is adjacent to existing lines and public nd safety is endangered. Furthermore, the Plan warns that extension of utilities to I Areas can increase development pressures. The Board, in deciding to go to this earing, determined that water service for fire suppression may address a public r safety concern. In contrast to the Watterson Farms request, this request will not ater lines into new development areas. Thus, the potential for increased development from this request is minimal. It should be noted that other requests similar to could be made in the future (the nearby United Parcel Building currently has a r system). The Albemarle County Service Authority indicates it can provide the and an appropriate rating for charges. Considering those facts, staff can recommend t to the service area boundaries of the Albemarle County Service Authority to include 79, Parcel 4P, for water only to existing structures for fire suppression (sprinkler only. -.. .. EMARLE COUNTY SERVICE AUTH x l009 40l MciNTIRE RD CHARLOTTESVILLE. VA. 229 ~CWft~'Q \\ '\,~ 'd ~ L- SUPERV\SQR ~'OARO OF ~-~:--""------ November 29, 1993 \J \993 Albemarle County Board of Supervisors County Office Building Charlottesville, Virginia Re: Jurisdictional Area Amendment Request - A.G. Dillard, Inc. Dear Mrs. Humphris and Gentlemen: You have requested comment from the Albemarle County Service Authority concerning the possibility of establishing a jurisdictional area for "water service only to sprinkler systems." The Board of Directors considered this matter on November 18, 1993. By a vote of 5 to 1, the Board of Directors voted to communicate to you the following concern- ing this matter: 1. ACSA acknowledges the power of the Board of Supervi- sors to establish jurisdictional areas for the provision of water and sewer services. 2. ACSA is capable of providing service to "sprinkler systems only", but asks for the opportunity to give input into each such request. 3. From the utility's perspective, ACSA endorses the creation of such a jurisdictional area if the Board of Supervisors chooses to do so. trUIYZU:~'_~ .W. D/-..--~ -. .J.W. Brent ecretary-Treasurer JWB/lbt c.c: Board of Directors Robert W. Tucker, Jr. Wayne Cilimberg - COUNTY OF ALBEMARLE '!~ ~ @ ~ ~W rLI EXECUTIVE SUMMAR~.-r' ,",,'I': dl'~ ~ lO, ~2~L:l~ ---.- .1) 4 l o amend the Albemarle County uthority Jurisdictional Area AGENDA DATE: November 3, 1993 ~ TEM NUMBER: . '-' "~~~~"'.(- .,j . ,'" ~'-'- INFORMATION: ACTION: X CONSENT AGENDA: ACTION: INFORMATION: Baker REVIEWED BY: ATTACHMENTS: BACK ROUND: The ubject property is located in Hunter's Hall Subdivision (Zoned Highway Commercial) just off oute 250 East across from "Nationwide Homes". The property is outside the ACSA juri dictional area for "water and sewer" service (See Attachment A). The applicant, Alan G. D lIard, Jr., has remodeled the existing structure on this parcel to house the Winston Cup ardee's Racing Team. The remodeling of the structure resulted in the need for the buil ing to be equipped with a sprinkler system, as required by the Building Code. The appl cant is requesting the ACSA jurisdictional area be amended to provide "water only to exis ing structures" designation of this parcel in order to provide adequate waterflow for a sp inkIer system. Also, the applicant has indicated the desire to install an outside fire hydr nt if water service is provided. SSION: property is located in the Rural Areas as designated by the Comprehensive Plan. ding provision of public utilities, the Comprehensive Plan is intentionally specific jectives and strategies as to where and under what circumstances public water should de available (p. 146). tive: Provide public water and sewer service to the Urban Area and Communities. e ies: · Follow the boundaries of the designated Growth Areas in delineating jurisdictional areas. · Only allow changes in the jurisdictional areas outside of designated Growth Area boundaries in cases where the property is (1) adjacent to exiting lines; and, (2) public health or safety is endangered. Furthermore, the Comprehensive Plan warns that "such utilities are not to be extended to the Rural Areas as these services can increase development pressures" (p. 146). ermore, the Comprehensive Plan warns that "such utilities are not to be l3xtended to the Areas as these services can increase development pressures" (p. 146). This property is located next to the 250E waterline to Rivanna Village, therefore, water is easi y accessible to this property. However, no information has been provided that indi ates that public health or safety are endangered. Concerning this particular water line, the Comprehensive Plan states the following recommendation: "To further preserve and prot ct these resources, water lines should be sized to serve the Village and Stone Robinson Scho I only. Capacity shall be reserved for a potential new school in the Village or until such time as is determined that the school is not necessary." Public water service to this parc I is not consistent with this intent and could set a precedent for allowing water serv'ce to other parcels along this corridor. As an example, a nearby structure utilized for ndustrial purposes (United Parcel Building) is currently using a storage tank to prov'de sufficient flow for sprinkler service. Also, a recent request for public water to two (2) commercial properties along 250E (Boothe/Exum) was denied by the Board. RECO NDATION: Staf recommends not proceeding to public hearing for the "water only to existing structure" desi nation of Tax Map 79, Parcel 4P. This request is inconsistent with the Comprehensive Plan objectives and applicable strategies for provision of public water and sewer service. Publ'c utility capacities should be reserved to support development of designated Growth Area or provide service when public health or safety is endangered. It also is the intent of t e Comprehensive Plan to reserve capacity in the Rt. 250 waterline for development in Riva na Village. 93.166 ~. ALBt.MAHLt. COUl'flY lATTACHMENT AI ~\IlL"m~~_'M.n .-'C-..,~ ' _. \ ~.' \ \ \ ~~/ /y< ~ ~ CA-^- . ""-^-'" ~. ~ .. 'x --/\/ r \' \ . \ I \ \ ~1 1 1 'X I \ ~ --~ "'-. ~ " ;-::- -- / ( ) j SERVICE AUTHORITY DICTIONAL AREAS MAP KEY ~ WATER AND SEWER / I S':Alo! 1J'l HE";" SCOTTSVILLE AND RIVANNA DISTRICTS Tax Map 79 Parcel 4P - . '~ Edward H. Ban, Jr. Samuel Mill COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scotlsville David P. Bow rman Charlottesvill Charles S Martin Rlvanna Charlotte Y Humphris Jack Jouett Walter F Perkins White Hall October 5, 1993 M . Alan G. Dillard, Jr. A G. Dillard, Inc. 1 00 River Road C arlottesville, VA 22901 D ar Mr. Dillard: This is to acknowledge receipt of your letter requesting the ard of Supervisors to amend the service area boundaries of the bemarle County Service Authority to include Tax May 79, Parcel for water service. This item has been scheduled for discus- s on by the Board on November 3, 1993, at approximately 9:30 a.m. T e meeting will be held in Meeting Room #7, Second Floor, County o fice Building. You or your representative should be present at t e meeting. If you have any additional information you wish the Board to c nsider, please forward it to this office by October 26. E C:mms Very truly yours, ~ j>> A !ii &Att;% Gf:.-ff1,l Carey, Clel)- C :. V. Wayne Cilimberg * Printed on recycled paper .. .. A. G. DILLARD, INC. 1000 River Road Charlottesville, Virginia 22901 r'~_ llr~c~ & Dr U,.,-"'I,'$.-I,, ;;',.,'.,'.,', < _____....L L'1 I , ---- 'ul fi,"i , ': J I . '. II [I , _'::'\'Jc, I BOARD OF supERVis ORSj - Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22901-4596 Dear Board, I hereby request that the Service Area Boundary of the Albemarle County Service Authority be extended to include my property located on tax map 79 parcel 4P. The use of the existing building is changing to house the NASCAR Winston Cup Hardee's Racing team. The addition of the second floor and change in use requires the building to be sprinkled to meet fire. protection codes, as discussed with Mr. Jessie Hurt, Director of Inspections. The newly installed "Glenmore" waterline now runs across the front of this property and could easily be connected onto providing the required fire flow. Please consider this request at your earliest convenience and should additional information be necessary I will provide it upon your request. ~J_CtfU~ ~~~ ( . Alan G. Dillar~: J .- - &C-e(yeL /2!P/C; ~ E2u<:.~ Lea ue of Women Voters of Charlottesville and Albemarle County 413 East Market Street, Room 203, Charlottesville, VA 22902 Phone: (804) 972-1795 ber 8, 1993 To: Albemarle County Board of Supervisors From: League of Women Voters of Charlottesville/Albemarle Re: Comprehensive Plan Amendment: To amend the Albemarle County Service Authority's (ASCA) Jurisdictional Area for water only for a sprinkler system. (Dillard) The League of Women Voters strongly urges you to deny this request to enlarge the Service Auth rity's jurisdictional area in order to provide water only for a sprinkler system. First of all, we fail to see that it is necessary to grant a water use to this particular parcel when it is possib e to use a storage tank to provide sufficient flow for a sprinkler system as United Parcel does. Lowe cost alone to a land owner should not be a criterion for granting use of public water. Second, the staff report clearly shows that this request is not consistent with the recommendations of the mprehensive Plan, which warns that extension of utilities to Rural Areas can produce pressures elopment. This water line along 250 East and its potential for development was a major issue during most of hen the Glenmore proposal for residential development was being hotly debated. You will remem- ber t there was real fear on the part of many residents of that area that the presence of a water line would . g pressures for tap-ins and spur development. Newspaper accounts during that period reveal , that ci . ens expressed their anxiety about the new village and especially about the role the existence of a water . e along 250 would have, unless its capacity and use were restricted to the designated growth area. However, they were assured that the Service Authority's jurisdictional area was limited to the area. It was recognized - as the Daily Progress reported on June 27, 1989 - that "no property owner k up unless the property is in the ACSA growth area." Limiting the jurisdictional area was and is to preventing strip development along 250. Therefore, expanding the Service Authority's jurisdictional area is the first step in weakening the co ent to resist development pressures. We do not agree with the stafl's statement that the potential for inc eased development from this particular request is minimal. It does set a precedent and will un- doubt trigger other requests, not only along this water line, but along others in the County. In 1989, the League did support the Village designation for the Glenmore proposal, but warned: 'We re . concerned about the increased pressure for strip development along the utility corridor. Only if firm undaries are set now does the County have a chance to resist those pressures." The County did set boundaries by restricting the Service Authority's jurisdictional area to the designated growth area. We strongly urge you to support that policy by denying the request before you tonight. "...a 1ump rtisan orBanization d"edkated'to tfi.€ 'promotion of informed' and' active 'particg,ation of citizens in Bovernment. " 1 /QU.t H'-L 11 ~/r3 PIEDMONT ENVIRONMENTAL COUNCIL Protecting The Environment Is Everybody's Business TATEMENT REGARDING APPLICATION OF AG. DILLARD FOR AMENDMENT OF ALBEMARLE COUNTY SERVICE AUTHORITY JURISDICTIONAL AREA December 8, 1993 ecause of the likelihood that other landowners along this line will also try to gain ccess to this line, and because this could significantly change the nature of evelopment along Route 250 East from that recommended by the Comprehensive an, the PE.C. recommends deferral of action on this application until a mprehensive assessment of the effect of this decision can be made in the light of t 1e information just mentioned which does not appear available now. e Piedmont Environmental Council regards this application as having otentially significant ramifications for the entire Route 250 East corridor, but we do at find enough information in the record to take a position, other than to commend that the Board defer action on this request until more information is rovided. particular the following information would be helpful: There are approximately 30 parcels along the Route 250 East water line, 8 of t em with existing commercial uses. Another application for use of this line is lready pending with the County If this request is approved, how will the County eat requests from the other landowners adjacent to this line for water setvice? Will the County be able to deny requests from these other landowners if this quest is approved? Does the applicant have other means of fire suppression available to it not quiring use of this line? How have other existing uses in this area satisfied their eed for fire suppression? Will the cost of this setvice, and the connections, be paid for solely by the pplicant, or will it be subsidized by the existing customers of the Setvice Authority? Is it practical to limit the applicant's use to fire suppression only, or will ranting this request allow use for other putposes as well? 'sa Qass, field officer. 28-C Main Street, Box 460, Warrenton, Virginia 22186/703-347-2334/Fax 349-9003 1010 Harris Street, Suite 1, Charlottesville, Virginia 22903/804-977-2033 o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS IN SECTION 2.1-4, DISTRICTS DESCRIBED BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, ttat Section 2.1-4 of Chapter 2.1, Agricultural and Forestal Districts, of the Ce de of Albemarle be amended and reenacted in subsection (c) known as the "Eastham Agricultural and Forestal District" by the addition of parcels, all as fellows: (c) The district known as the "Eastham Agricultural and Forestal District" consists of the following described properties: Tax map 63, parcels 1, lA, 1A1, 2, 4, 14G, 14H, 14I, 26, 26A, 27, 30F, 30G, 41A, 41A1. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, co~rect copy of an ordinance unanimously adopted by the Board of County su~ervisors of Albemarle County, Virginia, at a regular meeting held on December 8, 1993. r; . l] &[[a Lu L([/lJI) . Ella W. Carey, Cler~ CMC 1.23-13 9}, 1~9J:.;J~i ORDINANCE AN ORDINANCE TO AMEND AND REENACT CHAPTER 2.1 , AGRICULTURAL AND FORESTAL DISTRICTS IN SECTION 2.1-4. DISTRICTS DESCRIBED BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of Chapter 2.1, Agricultural and Forestal Districts, of the Code of Albemarle be amended and reenacted in ~ubsection (c) known as the "Eastham Agricultural and Forestal District" by the addition of parcels, all as follows: (c) The district known as the "Eastham Agricultural and Forestal District" consists of the following described properties: Tax map 63, parcels 1, 1 A, 1 A 1, 2, 4, 14G. 14H. 141. 26, 26A. 27, 28, 30F. 30G. 41A. 41A1. " . ~ I I I * * . * * COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 ''--- j :O:;,\1D OF SUPERVISOFl:;; '..-. J Albemarle County Board of Supervisors Mary Joy Scala, Senior Planner 11lp5 December 1, 1993 Addition to Eastham Agricultural/Forestal District - Amended Staff ReDort he Albemarle County Planning Commission, at its meeting on ovember 9, 1993, recommended by a 4-1 vote, approval of the bove-noted request with the exception of the Rushton property (Tax Map 63, Parcel 14I) for which an application had not yet een received, and with the understanding that the life state/ownership question on the Casaday property will be esolved before the recommendation is given to the Board of upervisors. (Note: The application for Rushton was received ollowing the Planning Commission meeting; therefore it has been 'ncluded for the Board's approval. It is not possible to efinitively resolve the life estate question, however, the asaday properties have been withdrawn following discussions and greement between the applicant, staff, Zoning Administrator and eputy County Attorney.) Attached find a staff report which tlines the amended request. lease note that the Board of Supervisors public hearing on this i em is December 8, 1993. any questions, please do not hesitate to contact me. S AFF PERSON: A VISORY COMMITTEE: P NING COMMISSION: B ARD OF SUPERVISORS: MARY JOY SCALA OCTOBER 18, 1993 NOVEMBER 9, 1993 DECEMBER 8, 1993 DITION TO EASTHAM AGRICULTURAL FORESTAL DISTRICT e original Eastham District was recently reviewed and approved r renewal by the Board of Supervisors on October 13, 1993, with e exception of one parcel which will be reviewed at a later te after a zoning violation has been corrected. Following the anning Commission's public hearing on the review, several plications for additions to the Eastham District were received. is staff report addresses those eight parcels to be added to e original district. The purpose of an agricultural/forestal district is "to nserve and protect and to encourage the development and provement of the Commonwealth's agricultural/forestal lands for e production of foods and other agricultural and forestal oducts..." and "to conserve and protect agricultural and restal lands as valued natural and ecological resources which ovide essential open space for clean air sheds, watershed otection, wildlife habitat, as well as for aesthetic purposes." e following factors must be considered by the Planning ission and the Advisory Committee and at any public hearing en a proposed district is being considered: 1. The agricultural and forestal significance of land within the district and in areas adjacent thereto; 2. The presence of any significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto. that are not now in active agricultural or forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local developmental patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. E1fects of a District: 1. The proposed district provides a community benefit by conserving and protecting farmlands and forest; environmental resources such as watersheds, air quality, open space, wildlife habitat; and scenic and historic resources. 2. The state Code stipulates that the landowner receive certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition and local nuisance laws) to protect the agricultural/forestal use of the land. In exchange, the landowner agrees to not develop his property to a "more intensive use" during the specified number of years the district is in effect. *Since Albemarle County currently permits all types of use value assessment, a district designation may not provide any additional real estate tax reductions. Land in a district is protected from special utility assessments or taxes. 3. The state Code stipulates that, "Local ordinances, comprehensive plans, land use planning decisions, administrative decisions and procedures affecting parcels of land adjacent to any district shall take into account the existence of such district and the purposes of this chapter." The district may have no effect on adjacent development by right, but could restrict proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. Districts must now be shown on the official Comprehensive Plan map each time it is updated. 4. In general, a district may have a stabilizing effect on land use. The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area to remain in the agricultural and forestal uses. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent lands. Lccatio~: The proposed addition is located on Rt. 621 (Wolf Trap Read), Rt. 612 (Hammock's Gap Road) and Rt.20 North near Eastham. Aereaae: The proposed addition contains 135.188 acres in eight parcels. Time Period: The proposed time period is ten years from October 13, 1993, the same as for the original district. AQ~icultural and Forestal Sianificance: Land in the proposed di~trict is being used for agriculture (hay and pasture) and fo~estry. nificant Land Not In A ricultural Forestal Production: The e value assessment program in a good indicator of the actual e of the property. Tree of the eight parcels are currently enrolled in the program, w.th approximately 35 acres in agriculture and 35 acres in f restry. One acre is non-qualifying due to a dwelling. A proximately 63 acres are not enrolled. Parcel 41A is not c rrently enrolled, but the owner intends to apply for a ricultural land use for sheep. Plan and Zonin Re ulations: The proposed addition located within Rural Area II and is zoned RA, Rural Areas. e nearest Growth Area is the Urban Area, Neighborhood Three, ich is approximately 1.5 miles to the southwest. Preservation agricultural/forestal resources is a major goal of the mprehensive Plan. The Plan also calls for the active promotion a d support of voluntary techniques such as agricultural/forestal d'stricts. The Open Space Plan recommends mountain protection f r the area above the 700 foot contour (part of the Rushton and B rnes properties). There are six ee Rt. 621 consists of both somewhat larger undeveloped character with larger farms this area is rural in . 20 North is a Virginia Byway and County designated Entrance C rridor. Part of the proposetl addition is included in the So thwest Mountain National Register Rural Historic District ( arcels 30F, 30G, 41A, 41A1). nnin Commission Recommendation: The Albemarle County nning Commission at its meeting on November 9, 1993 ommended approval by a 4-1 vote of the addition, with the ex eption of the Rushton property (Tax Map 63, Parcel 14I) for wh'ch an application had not yet been received, and with the un erstanding that the life estate/ownership question on the Bene its: Environmental benefits include p tection of ground and surface water, wildlife habitat, critical slopes, the historic landscape, and open space. Staff recommends approval of the addition as Recommendat'on: The Advisory Committee at its approval of Committee did not have the Casaday property will be resolved before the recommendation is given to the Board of supervisors. (Note: The application for R~shton was received following the Planning commission meeting; tt.erefore it has been included for the Board's approval. It is net possible to definitively resolve the life estate question, he wever, the Casaday properties have been withdrawn following discussions and agreement between the applicant, staff, Zoning Acministrator and Deputy County Attorney.) Tte dissenting Commissioner said that we should look at the Cemprehensive Plan (5 year) review before adding property to an a~ricultural/forestal district so close to a Growth Area. ~ "'r0- o 0 0 t.!l 0 0 N < 10 0 1Or-l 0 ID 0 0 ~ M 0 Mro- 0 r0- O 0 . . . U ro- N r-lN r-l '" 0 r-l < NN N M N - s:: 0 ~..-I QI+J 'CO r-l r-l r-l0 0 r-l 3~ r-l -+J r-lOO s:: 0 0 tfl s:: CU 0 CU ..-1 +J ~ . 0 tfl .c: CU ~ l:i: ..-1 00 ~ ..Q ~ 0 ~ ::s 0 ~ +J CU +J ..-1 O~ 00 CU s:: 'C CU ~ . QI l:Q QI 0 AI ~ >s:: ~ s:: t.!l ~ HQI I-J~ ~ ~ ~ .-l CU s:: >'0 .l:Q . s:: ~ . ~ CUl:Q ~ U < AlQI tfl ~ . 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'~r ::.~ ,':i;;( '; '-~~ >\ ~\. \"",,,. ,\ \" (~ESWIr:;> AG/F~ DISTRICT ~ .~.~..~..... '~6 I. \) ~ / >J ( /' / l='..1A-. -...... . \ 19E .. . / Fk.:.-, ~..........,;...... ~ /", \' \ I ~.......... .,. ./' "'-.... 4 , ( ~1-2.~";'~__""" .,t 20 ~ J \ 1"..~:::S\',,7 .; ~^. \~ r- \ "" .~~ . ~,. I ~ "',,- \ ! /. ~ \\ A4 ~~~) ,/~,..... --\.-\-1-..... l' \/{ 79 SECTIOt\ 62:. - -' "Ale IN 'lET '" .... .... .... . RIVANNA DISTRICT SECTION 6:: ..... -CASTMAM. AGRICl1\.TUfltf a. FOftt5TAL OlsmlCT (Ai...30')([!lNIC)( AZi'. OISr.) BASTHAH AGRICULTURAL/FORESTAL DISTRICT * NOTE . Parcels marked with an asterisk are not currently . enrolled in the use value taxation program . TM/P ACREAGE OWNER DWELLINGS "r 63 -1 2 3 3 . 13 0 George Worthington , IV 0 * 63 -1A 13 . 4 8 0 0 6 3 -1A1 6 . 7 2 0 1 63 -2 3 . 3 3 0 0 V'"'" 6 3 -4 7 6 . 4 3 6 B . J . Shaw-Kennedy 0 63 -2 6 64 . 2 08 0 63 -2 7 19 0 . 0 0 0 3 + 1 mh TOTAL 587 . 3 04 ACRES TOTAL 4 + 1 MH '.'..........--.--........-.--..............,..""'"....,."". ........-.--.,',..........-... .".'.-..",............,.""...".. .-......--....,."""'..--.........--------.... ...."...-.............-.-.-.........--..............--......".._---,..."... ...............". .""'.....'..........----.."'......-...".......--.-..".... ....."".................--............---................"."..._--..-. ,.... .".".......,.".". ..--.,.........---.."".......-......... ....".......--..........--............-,..,..........,.""..""....".". ...........,.,....,.-......... .--.....-..,.."..... ......-.........-----."."'''........,....-----...,., . .'..'-'-'.'........-..-........--.-...,.......-......,..,..-..,..,..,..,. ."..,............--,..,.-..-..-.. .".'...------...,.".".-...,..,-.-----.-...,. .'.'...'.....'.....'.................-............-.-..........._-.-........_..-.. .-......'..'..".................... ..'.'..."..'.'..-.,----......,.....,..,.....-..-..-.... .. ......".'..'.-...........--.............-..........,....,...,."........,."...... J?~ING COMMISSION J?t1B:i:ttCktAR.:J:NGf .. ..\........................octeXvEb......PR:J:Olt......TO ......_.......,,_,,_..... . -- --..- "....-..--... 63 -4 2A 1 12 . 107 Archibald Craige 0 * 63 -4 1A 7 . 3 5 0 George C . and Barbara S . 1 ... Gentry ..-----.......------..""'..--""""'..-.....,.....,..---.. '-........"'.."....""'......----. .............,..",........., .....-----....,..,-..--..-.. ...------..... ..,...................,..",. ......--........----..."'..,........"'........,..,..'''-....,.,.'''.........,.,.........., ....------ ....,.,......."."... ---....... .....---.....'..----.."'..'''..--....,......--...........--.........-........""'.'.--'.".....--....--.......,.,...."..,.,.--........-----...,......-- -... ........ ..,...................,,-..,..,. ........-.--..'..-..-.-.-..."........""."'....,...........--.".".'......"".,.,.,.-.".......-.--.....".."...'......----...-..".,.--.,.."'...-.--....,."._-,...-...,. ......-............--...."".. ...........-....'..-...-.-,."..,..,..".,..,..,.,...,,.....,....,..,..,--"."",.",..--................"..........'..'..-.--.--.......--.--.-..,..,....-... ...----.---.... .,......-.--....... .........-.-........--...............,..,.......,-......................,..-.'...,.".".,.....-.,............-........,.,.,.,-,.,..........-.-.-..-.............-.-,--..,............-.-.............._..--....". .'-.,...,....-,.--.....,.....,."""... ...........<...i........................PCBIVSb..UTER......PLA:.NN:ING...... co1Ot:I.SS ION <P'Unt.:tc HBA.RING:< . '" * 63 -4 1A1 2 . 0 0 0 Al issa Ann Gentry 1 *63 -3 OF 2 1 . 3 59 Leonard & Rhoda M . 1 .,. Dreyfus * 63 -3 OG 2 2 . 7 17 0 6 3 -14H 2 1 . 00 0 Daniel P . & Patricia A . 0 '" Shaver * 6 3 -2 6A 9 . 7 6 2 Andrea S . & Eric S . 1 ,1" Import 63 -19 2 . 0 0 0 Rebecca Col I ier Casaday 0 63 -19A 2 . 04 0 1 -/ 6 3 -19A1 18 3 10 1 . 63 -190 3 0 . 64 0 0 Total 2 4 9 . 2 8 5 acres Total 6 Not to be reviewed at this time . . 63 -2 8 17 8 . 09 0 Alden G . Bigelow 8 6 . . RECEiVED f,UV 1 ~ 1993 l47Bfl Arkans<Pla~~_ 0 Woodbridge , 'fA !:'l1~~ ept. November 1, 1993 Mary Joy Scala Coun y of Albemarle Dept. of Planning & Community Development 401 clntire Road Char ottesville, VA 22902-4596 Dear Ms. Scala: Thank you for your letter of October 22 notifying adjacent rty owners of the considered addition to the Eastham Agricultur- restal District. My father, Charles E. Blue, Jr., owns a tract 5 acres under the name Cha~les E. Blue, Jr. Revocable Trust adja ent to the proposed addition. I am unable to attend the public hear'ng on November 9 so I am requesting that you make this letter part of the public record for that hearing. Speaking with Power of Atto ney for my father, I would like to express my opposition to the .roposed addition. I believe the proposed addition could de- Vall] my father's property by the possible restriction of future divi ion of his land. Please let me know what recommendation the Planning Commission make to the Board of Supervisors. Thank you for your cooperation. Sincerely, P/~:fi~ ~ Sara Blue Anderson IS ~ '1.,3 --(Y1...., ..s ~~ J J a-- ~ ~ p ~ ;tiJ .LL :::: ~~ .J~j:LJ-.;ffL~~ ~,-~ ~-lJ~~.U--1 a,.J ~ ~~~ ~!!;;;/ ~ ~~!:!:: ~ J<<:.:- -t.- ~ .J r ~ y;.. ~ ~ ~.;t;:.;.. j ~ #f .J '1 #.... ~~AJ.'~;~7S~J 0- C'7'O. i..:tL ~ c:a 0.--- ~ ~ t1 ~ p-a..J- dI .::i!:lc. ~ /U.. c ~ . ~ ~ -r -t..k ~ ~ t:J4)- . /J j) /J d~7~ ~ . IJ~?-(1J CJ S I I~~ S:~'Z'7 0 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902.4596 (804) 296.5823 November 10, 1993 Kermit E. or Ellen B. Roberts Rt. 1, Box 158 Ear1ysvi11e, VA 22936 RE: SP-93-26 Kermit E. Roberts Dear Mr. & Mrs. Roberts: The Albemarle County Planning Commission, at its meeting on November 9, 1993, by a vote of 4-2, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Approval is for a one chair barber shop with operational hours and days limited to 3:00 P.M. to 9:00 P.M. on Tuesdays and Wednesdays; 2. Combine parcels into one tract by deed. No subsequent subdivision (including family division) nor establishment of any additional dwellings shall be permitted unless this special use permit is abandoned (Restoration of parcels shall be permitted without compliance with the Subdivision Ordinance); 3. Compliance with Section 5.2 of the Zoning Ordinance. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 8. 1993. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Since:\~~ Yolanda Hipski Planner jjcw Carey MEM RANDUM TO: FRO DAT RE: COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 2%-5823 S "['-";1"'''""' OF U ;?~ ',:'K, ~I ::~'_:. .~........",-~~..--",~,...._,,~, Albemarle County Board of Supervisors Yolanda Hipski, Planner ~ December 1, 1993 SP-93-26 Kermit E. & Ellen B. Roberts is the revised staff report for the above-referenced application. In r to address comments raised at the Planning Commission meeting, I have uded a memorandum dated November 30, 1993 from the Zoning Administrator. have any questions or comments, please contact me or V. Wayne .;::- cc: V. Wayne Cilimberg Kermit E. or Ellen B. Roberts ----NOTE: REVISED STAFF REPORT---- STA F PERSON: PING COMMISSION: BO OF SUPERVISORS: YOLANDA A. HIPSKI NOVEMBER 9, 1993 DECEMBER 8, 1993 - KERMIT E. AND ELLEN B. ROBERTS on: Kermit E. and Ellen B. Roberts petition the Board of Supervisors to e a special use permit for a Home Occupation Class B (10.2.2.31) on 128.25 s zoned RA, Rural Areas. Property, described as Tax Map 19, Parcel 24 is ted approximately .45 miles east of Route 663 on a private road which rsects Route 663 about 600 feet north of the Route 664/663 intersection in White Hall Magisterial District (see Attachment A). of the Area: The property contains two dwelling units and a farm. ss is through a 50 foot right-of-way which is shared with three parcels" all are under the control of the applicant. No off-site dwellings are APP ICANT'S PROPOSAL: applicant proposes to establish a one chair barber shop in a shed building Attachment B). The activity will operate two evenings per week from 3:00 P.M. The applicant will serve an average of 40 customers per week. S Y AND RECOMMENDATION: matter of public safety, staff has not recommended approval of any proposal e adequate sight distance could not be achieved at the access point to a ic road. In this particular case, the applicant could further develop the erties served by this entrance without additional County review. Staff has ed with the applicant to develop conditions which could limit traffic ration to that of the barber shop by restricting additional residential lopment. f review is confined to factual criteria (i.e. - entrance is inadequate) and, efore, staff cannot support the application. Should the Planning Commission Board of Supervisors, through legislative discretion, determine that the osed use is no more significant than allowed development, staff has mmended conditions accordingly. peti tion has been referred to the Board of Supervisors by the Zoning nistrator due to inadequate sight distance at the entrance. No objection to proposed use has been submitted by adjoining property owners. Therefore, ents in this report will be confined to issues of access. 1. This property has access to Rte. 663 through a fifty-foot wide easement. Route 663 carries 1989 vehicle trips per day (vtpd) and is considered non- tolerable. VDOT has stated that available sight distance to the north is 245 feet and 450 feet of sight distance is required to meet commercial entrance standards. The applicant is unwilling to negotiate with adjoining property owners to relocate the entrance to improve (if not obtain adequate) sight distance. In this regard, the applicant has made no effort to improve the posture of his application. 2. In September, 1993 the Board of Supervisors reviewed and approved SP-93-24 (Demmie Maine) to establish a day care at Chestnut Grove Baptist Church. In that approval, the Board of Supervisors prohibited access to Rte. 663 (275 feet of existing sight distance) but allowed access to Rte. 664 (250 feet of available sight distance). Based on VDOT requirements of 450 feet of sight distance on both roads, staff recommended denial of the peti.tion on issue of public safety. 3. This entrance currently serves a total of three parcels containing two dwellings. all owned by the applicant. Three more dwellings could be constructed without further County review, increasing traffic above the average 80 vehicle trips per week anticipated for the one-chair barber shop (approximately 210 vehicle trips per week). However, three dwelling units would produce approximately 30 vehicle trips per day whereas the barber shop will produce an average of 40 vehicle trips per operating day. To imit traffic, the applicant has agreed to combine the properties into one tra t and not to construct any additional dwelling so long as this special use per~it remains in effect (Construction of a third dwelling on one property would req~ire a site plan, therefore, this condition would be enforceable). SUI'lI'lAKY AND COMMENT: StaFf has reviewed this application for compliance with Section 31.2.4.1 of the Zon ng Ordinance. Although the site accesses through an entrance with inadequate compercial sight distance, staff could support a scenario which would generate les traffic than allowed by- right. However, for a typical operating day, tra fic associated with the barber shop will exceed the maximum potential res dentia1 traffic and, therefore, staff cannot support the application. Sho 1d the Commission and Board determine the proposed use is no more significant thall allowed development, staff recommends the following conditions of approval: RECl~MMENDED CONDITIONS OF APPROVAL:~ 1. Approval is for a one chair barber shop with operational hours and days limited to 3:00 P.M. to 9:00 P.M. on Tuesdays and Wednesdays; 2. Combine parcels into one tract by deed. No subsequent subdivision (including family division) nor establishment of any additional dwellings shall be permitted unless this special use permit is abandoned (Restoration of parcels shall be permitted without compliance with the Subdivision Ordinance); 3. Compliance with Section 5.2 of the Zoning Ordinance. ATT CHMENTS: A - Location Map B - Applicant's request C - Virginia Department of Transportation comments COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 MEMORANDUM Yolanda A. Hipski, Planner Amelia G. McCulley, Zoning AdministratorG--0\,\~~ November 30, 1993 Home Occupation Class A (Kennit Roberts) Th's is in response to your memo of November 29th. This is to confirm in writing that wh ch we have discussed with the County Attorney on this application. It is my det rmination that in the event of an appliootion for a class A home occupation which ge erates traffic and is located on an entrance which is known to have inadequate sight dis ce, this department will not simply approve it administratively. Instead, we will seek ap roval from the Virginia Department of Transportation. If that approval is not reasonably fea ible or if the applicant is unwilling to undertake the necessary measures to achieve it, we wil refer the application to the Planning Commission for review. Kermit Roberts Home Occupation Class B did not receive any written opposition. Ho ever; because there was not adequate sight distance at the entrance and it was not po sible to achieve without a realignment of the public road. I would not approve it ad inistratively and for that reason referred it to the Planning Commission. cc: SP-93-26 /\/ r-" ,.~ . :1:/ , . V':::---..... ~7'~,_ , . . l!l~q] f ......... o I I I I ~:11TO I I , 1- _____ FLAT MTN. c - I, .. \ ~ .. ... .'\ , 3;){ ".::. '-J\ '''--, / ) ~\ / ) / I __/ /~ ,/ 20 32A / SEE 20- 6A ~ SP-93-26 Kenni t E. Roberts 9 ---I f--A I 3 . COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Octob r 7, 1993 Kermi Roberts Route 1, Box 158 Early ville, VA 22936 Dear r. Roberts, summarize our phone call of October 5, 1993. In order for epartment to process your application, please answer in g, the following questions by October 19, 1993. Failure to may result in deferral of your application. .1. will be your hours? How many nights per week? I 7. , ave you contacted Jay epartment (296-5832)? eets the requirements ct. Schlothauer of the Inspections He will confirm if this structure of the Americans with Disabilities 5. am forwarding comments I received from VDOT. As we iscussed, site distance is currently inadequate. I nderstand you intend to meet with the Virginia Department f Transportation to discuss this issue. Can you offer any 'nformation why this entrance should be considered safe? 3. ow many people do you expect to service in one week? 4. uring our phone conversation, you provided information egarding the number of vehicle trips you expect per day or eek. Could you submit this information to me in writing? 6. 0 you suggest any improvements to the entrance which may lleviate this problem? 7. lease provide any additional information which would larity this use. . eKermi Roberts Octob r 7, 1993 Page As we On Se reque Churc prohi opera discussed, the safety of your entrance is a major issue. tember 24, 1993, the Board of Supervisors approved a t to allow a day care center at the Chestnut Grove Baptist located across the street. In this request, the Board ited use of the Route 663 entrance during the daycare ion. 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A/~><;":;~', ;->?;\"-GIP,;t:>:1\' ;<', '(;1 .: i, (~\,n ~ . ~ 'i, 'fiJ" ',',~?' 'j',111~4,~ ~: ,':1, -"1 $, "r,.,lli.,'" . t:: " "'~ w./';., . ~_~ ..v . ~C' ..:t; 7\1' ....';. ~YI "'....If".. -rrt:!;I~y '~"" COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P O. BOX 2013 CHARLOTTESVILLE, 22902 D. S. ROOSEVELT RESIDENT ENGINEER September 3, 1993 SP-93-26 Ms. Amelia McCaulley Dep rtment of Zoning Cou ty Office Building 401 McIntire Road Cha lottesville, VA. 22902-4596 Dea Ms. McCaulley: Ell horn inc fou onl tim mph nee any Please be advised that from a field review of the entrance of Kermit and n Roberts, Tax Map 19, Parcel 24 for Special Use Permit, SP-93-26 to locate a occupation permit, I found there to be a sight distance problem for eased usage. The sight distance problem is to the northeast direction. I d there to be only two hundred and forty-five feet (245'). This distance is adequate for a private entrance. For a commercial usage, a distance of ten s the speed limit or ten times the maximum safe speed which we feel is 45 This would require four hundred and fifty feet (450') of sight distance ed. This could possibly be obtained by relocating the entrance. If you have further questions, you can contact me at 293-0022. Sincerely, c~// A~~ Charles T. Baber Per. & Sub. Spec. CTB ldw cc: A. G. Tucker REC'l'll""~'~D ".c' r;-;.. . :.;"~:R lJII ... ",'1 SEP 7 1c;:h ALBEMARU: C, ZON~NG OEh\f, I ;.ii::;H TRANSPORTATION FOR THE 21 ST CENTURY . The ex~sting private entrance north. Adequa~e sight distance exist Rte. 6p3 / 664 ). only has 245' of I ATTACHMENT C 1 lPage 21 sight distance to the SP-93-26 - Kermit , Ellen Roberts looking to the south (Intersection A comm~rcial sight distance of 450' should be required for this site. As alw~ys, any work done within the right of way must be under permit as iss~ed by the Charlottesville Residency. If you have any questions or conperns, please call me. sincerely, . iJd 1l r!o.,-<-- Wanda G. Moore Transp. Engineer c: Ms. A.G. Tucker jcc/pc . 1.)--3-.!..? q?d~ I ~to y, ~7 I COUNTY OF ALBEMARLE \ I? n;~ !;i n Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 ember 10, 1993 D vid A. Currier J an Payne-Currier 3330 Ridge Road C arlottesville, VA 22901 SP-93-27 David A. Currier Mr. Currier: e Albemarle County Planning Commission, at its meeting on ember 9, 1993, unanimously recommended approval of the above- ted petition to the Board of Supervisors. Please note that is approval is subject to the following conditions: 1. Setback requirements of Section 5.2.2.1(b) is hereby modified to allow usage of existing shed structure; 2. Compliance with all other provisions of Section 5.2. including improvement of sight distance at entrance (5.2.1) as recommended by Virginia Department of Transportation. Please be advised that the Albemarle County Board of Supervisors w.ll review this petition and receive pUblic comment at their meting on December 8. 1993. Any new or additional information r garding your application must be submitted to the Clerk of the Bard of Supervisors at least seven days prior to your scheduled h aring date. have any questions or comments regarding the above please do not hesitate to contact me. Ella Carey AFF PERSON: ANNING COMMISSION: ARD OF SUPERVISORS: YOLANDA A. HIPSKI NOVEMBER 9, 1993 DECEMBER 8, 1993 ( - DAVID A. CURRIER David A. Currier petitions the Board of Supervisors t issue a special use permit for a home occupation Class B [10.2.2.(31)] on 2.0 acres, zoned RA, Rural Areas. Property, described as Tax Map 29, Parcel 69E, is located on the west side of Route 678 approximately 0.60 miles from the Route 678/Route 601 intersection in the White Hall Magisterial District ( ttachment A). aracter of the Area: There is a single family dwelling unit d a shed on this property. Aside from this existing velopment, the property is wooded. PLICANT'S PROPOSAL: T e applicant proposes to operate an artist studio for sculpting or painting in a shed building (see Attachment B). Verbally, the a plicant indicated deliveries will be once, possibly twice a m nth. No on-site sales are proposed (see Attachment B). ING AND ZONING HISTORY: N/A. Located in Rural Area 1, adjacent to Moorman's River Agricultural/Forestal District. The nature of the proposed use in an existing structure should not adversely affect district. S Y AND RECOMMENDATION: This petition has been referred to the public hearing process by Zoning Administrator because the shed does not meet setback uired by Supplementary Regulation. applicant proposes utilizing a shed located eighteen (18) t from the Virginia Department of Transportation right-of-way. tion 5.2.2.1(b) states in part: "Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation." ordinance provides the applicant the possibility of obtaining ification from the Board of Supervisors to allow an eighteen t front setback. Given the lack of objection by Virginia artment of Transportation, staff supports this front setback uction request. 1 e e e Vir~inia Department of Transportation, however, commented that siglht distance is inadequate (see Attachment C). Discussions with Virginia Department of Transportation indicate sight distance may be obtained by clearing of vegetation and the ap~licant is agreeable to this improvement. Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and the purposes and intent of the Comprehensive Plan. Section 31.2.4.1 of the Zoning Ordinance states in part that: "Special use permits for uses as provided in this ordinance may be issued upon finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and such use will be in harmony with the purpose and intent of this ordinance with uses permitted by right in the district..." The activity will take place in an existing shed. Therefore, the activity is not seen as detrimentally affecting the district nor changing its character. Given Virginia Department of Transportation approval of sight distance, the application should con ply with the purposes and intent of the Zoning Ordinance as re~ards public health and safety. Therefore, staff supports this re~uest with the following conditions of approval. RE( OMMENDED CONDITIONS OF APPROVAL 1. Setback requirements of Section 5.2.2.1(b) is hereby modified to allow usage of existing shed structure; 2. Compliance with all other provisions of Section 5.2. including improvement of sight distance at entrance (5.2.1) as recommended by Virginia Department of Transportation. AT" ACHMENTS: A Location Map B Applicant's comments C Virginia Department of Transportation comments 2 ( ) "-.., ,"""7' ,...-/ r-J FLAT MTN. ~p;- ': ~j;tO · _..... ~ -' LICK MOUNTAIN 1.-1 ~t.,..o It- 601 r.?O .~. . GIBSON MOUNTAIN '"" l:: ~~fi'-.'f.. '\ C> 'LJ (/ ,- r/( Il "-- , \ t: i ! ~ I ! I ) ) I fi ~i L ~ ~C -> 2 ~ (i ;/ 'i1 .~ ?;) , ./ ( ,~ -..J ~. o ;:: ~ 1_L.0- [@y''>-' -'" ...." .,J- . ,~s-J---.'-::.:.::_..J '" (J ;z ~ - SP-93-27 David A. CUrrier \~,'~~'/ "'Q ~... ~-z. i.\:aO>l4 c.... .... Fr e ROCK c\LBEMARLE COUNTY 17 $ Lf IN ,.:I:T .... 43 WHITE HALL AND J AC f( JOUETT DISTRICTS - ... .MOO_'s R MlRIQlLTURALlIoFORESTAL DISTRICT. 76 SECTION 29 IATTACHMENT BI I Page 11 - 3330 Ridge Rd. Charlottesville, VA 22901 October 11, 1993 Yolanda Hipski Co. of Albemarle Dept. of Planning 401 McIntire Road Charlottesville, VA 22902-4596 & Community Development Dear Yolanda, Thank you for your call and your work on my behalf in procuring a special use permit for conducting my business at home. In response to your letter of October 7th I have prepared the following: I am applying for a special use permit in order to use an existing structure on my property as an artist's studio. In the studio I create works of art; painting and sculpture on speculation and on commission basis. These are not displayed to be sold within the studio. The materials I will be using are paints; oil and water-based applied with brushes, and sculpting materials including clay, plaster, cement, wood and styrofoam. e I work on the creative designs of my own as well as those of others. For example an artist may bring me a small piece of sculpture and want it copied at a larger scale. Truck deliveries will be confined to an occasional supply delivery from a local lumber and the occasional pick-UP of a completed piece. Other supplies are delivered by UPS or picked up by myself. I hope this information is sufficient. Contact me should you need anything e~se. ~~'.J r tH'.~ David Currier RECE\VED . .' ,I;' '; ) ....' '_ I ".' e P\ann\ng oept. e e .~.. , , .....,- , ' ... T}t'1 " TO CtfnlfY THAT ON <:..r-v /v"&"" e VI' / 9?? . , $URVEY[I> THE f1tOf'tRTY aHOWN ~ '"" MT AltD lHAT ntE nUl UHU AHD WAlLI ot 'HE BUILl>IHQ& NlE IHOWIl H~1.0HII ~ Ti!!2 ~~ W-1'JI'CE' ~ {/;Vt:J~;fG"d('M/P' . 5fj l1f: LN/i..~(~ "-,fl~ERT;Y /(} ,A.;/;?,r ''''''''Y r#~ N'-t/,,/.;7'. ~,.Pn'r'U.r ~ rp~'f'O<JC p, ~...v~p /e::JO Y4""~"f': p-~ ~A/~ "/ - / ' J!'. /~ ~dt::~rFO .............. '~~ ~~Ng-'"' C'" ATTACHMENT 8 Wd~# tJA/ ~(:)"""'VUN"/ry .~",qr~ "". ..5 /()t:X:1~ .. 00,'$ t1J. Page 2 ~ . .. It'~~tM-tti 0;'''''' "".... ~-:- ., (Q ~ !~ .~ ~ . .... . .1. ~ ...~ -. .~ ~: '; AAlh'y' i (~oWAROS .. :. 14209 : ' ~ . ... n.. ., .;,. / .t.. v,. itA ., \ . .\)...~. ~ 'f) sun~\P'V~ ......... .. ~~ ." ~-, ,..... -" rm e'? ,.c~;f 7,Y ~1 (7 ,~.., . . , I ~ AI ~5' ..,'/ /tP -r /~~.'(7' . '. ~, ~ ~ -'I ,. ; . f::: r:1'1 e" ~t1,f &19 iF /, 4()'i" I1C. "'J ~~ , ~t ~ '~~ ~~ ".\ "" .... f' " ~ ' " , \ ~, ~ . ~ ~ \-.. ~l ~" ~ ' ~,.r1! ) . 8~/tKf \ o cJ~y. ,..,/1(. I 111 6J, , r,,,Af/( ttI~1 J ",~t '. ~ tiI'~ dllet k,.lt ~;;:-- .,.' "'t.. / ..' . . . . \ t. '0' .,'. '". f. ' 11 ".- ., ... " . .' -"''','. . . "_""''::;f>io .::~,,~;:" , ':.;..-';..otr;{,.,,:':.~,;_., ;;-:-'.~'; . " .'-".r...., L, "'-~_--.-........-_..,. P /-I y(y / C AL' (Jill'( ve y 6,,L./o/v~'/V G " _....___.,.;,:.,.. "_I.~~_~.:_._ J.,;::~.7' '. .... - ~.., ":~'''':~',.,.,. " ;~~:i':;: :~:S~:'?(" ',' ,.t~~, . "" ..L.l:::...l-":':':.=", ~-=- i"I_II>; ....;.l.=i.;.~1 . ' r . ....:.J ~ e I ATTACHMENT cl COMMONWEALTH of VIRGINIA L DEPAR~ENTOFTRANSPOATAnON "'. 0, lOX e71 CUU"EPER. 22701 DONALD R. AS&EW DIITIIICT AOMlMTMTOR RAVD. October 25, 1993 Mr. illiam D. Fritz Dep1:. of Planning 401 cIntire Road Char ottesville, Va. 22901-4596 the following submittals and offer the followinQ 8P.' -28 ~ Hydraulic Road PartDersbip The iating entranoe meets the minimum standards for commercial entr nces. e nderqrowth will need to be cleared around the base of the tree to ain adequate siqht distance. This is in the area of the proposed improvements to Rte. 743 - March 1995 . · David A. curri.. istinq private entrance has inadequate sight distance. The nee has 125' siqht distance in each direction. The required distance i. 250'. squirements for setbacks are based upon the County. The Department not permit any structures within state riqht of way. - B4ward , patricia Schuler (OWDer), Mark , Ro~iD (applicant) xistinq entrance will be adequate if it is only used by the two es. If three or more partie. are to use this entrance, it should commercial sight distance ot 450' in each direction. xistinq entrance currently has a sight distance of 250' to the and 450' to the north. e TRANSPORTATION FOR THE 21ST CENTURY I ~ - :5 -") ~ .9jLL~,O,~. Cc I L COUNTY OF ALBEMARLE Dept. of Planning & Community Development ,'",""".",..."."..,.-,."~.C"'.<~<".."""","_"~'.""""""'-""'~''''',,.' '. .. 401 Mcintire Road Charlottesville, Virginia 22902-45~ (804) 296-5823 November 10, 1993 1 ......';'.".. C'F SUPFn\ n(;;")s;<::! "'-,~\~.,j.J ,,' __~Vt"-"\ l~ Grayson Vaughn 977 Seminole Trail Charlottesville, VA 22901 RE: SP-93-30 Grayson Vaughn Dear Mr. Vaughn: The Albemarle County Planning Commission, at its meeting on November 9, 1993, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. No alcohol sales; 2. Use is limited to 1649 Seminole Trail; 3. Commercial Recreation uses shall be limited to slot car racing and video games. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 8. 1993. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ~/~ William D. Fritz Senior Planner WDF/jcw cc: Ella Carey Rio Road Limited Partnership e F PERSON: NING COMMISSION: D OF SUPERVISORS: WILLIAM D. FRITZ NOVEMBER 9, 1993 DECEMBER 8, 1993 SP- 3-30 GRAYSON VAUGHN Pet'tion: SP-93-30 - Grayson Vaughn (applicant) Rio Road Lim'ted Partnershi (owner) - Petition to issue a special use it for a commercial recreation establishment [25.2.2(1)] to w slot car racing on 22.87 acres zoned PD-SC, Planned lopment Shopping Center. Property, described as Tax Map 61, el 123 is the location of Albemarle Square. This site is ted in the Charlottesville Magisterial District. This site ocated in a designated growth area (N2) and is recommended Community Service. acter of the Area: This is the location of the Albemarle re Shopping Center. e icant's Pro sal: The applicant proposes to operate a slot racing facility at 1649 Seminole Trail (the former location uadalajara Restaurant in Albemarle Square). The use will ist of a race track, area for sale/rental of race equipment s and controllers) and sale of related materials (including not limited to tools, decals, publications and the like). ing machines and video games will also be provided. Alcohol sal is not proposed. The applicant's description of the use is included as Attachment C. Attachment D shows the location of thi use in relation to Albemarle Square. Y AND RECOMMENDATIONS: Staff has reviewed this request for with the provisions of Section 31.2.4.1 and recommends and 4, 1972 - ZMA-243 approved by the Board of Supervisors the site to commercial. site plans and subdivisions have been approved on this rehensive Plan: This site is located in Neighborhood 2 and is ecommended for Community Service Uses. Recreational fac'lities are generally considered appropriate in community ser ice areas (Table 46, Page 161. Community Service identifies Rec eational Facility as a typical primary use. ) e 1 e e e COMMENT: f has reviewed history files for all recreational activities inv lving a special use permit submitted since 1970. These facilities have been for a broad range of uses including, but not limited to, skating rinks, dance halls, arcade, billiard center, ind or tennis, miniature golf courses, driving ranges, go-karts an bumper boats. From the analysis of comments made in past re iews, the major issues involved for recreational activities ha e been impact on residential areas and impact on schools. (Site suitability has been an issue in some cases, but is ad ressed by the requirements of a site plan.) For this review, st ff has also reviewed trans~ortation impact, security, impact on the entrance corridor and impact on the Northside Library. on Residential Areas No outdoor activity is proposed. The Woodbrook subdivision is adjacent to Albemarle Square Shopping Center. The closest re idential unit to this site is approximately 1,400 feet di tanto Vacant residential land (R-15) exists to the east of th site. Due to the distance to residential properties, ex' sting development and enclosure of all activities within the ex' sting building no impact on adjacent residential properties is ex ected. Schools or Hurt and Woodbrook Elementary Schools are located in the thern urban area, but are not closely proximate to this use. refore, no impact should occur. Th's site is served by the existing entrances and parking area of Albemarle County Shopping Center. This use should have no erse impact on transportation access to the center. ficient parking should exist to accommodate this use in the ter. ff has discussed this use with the Police Department. The ice Department does not anticipate any increased security blems. the Entrance Corridor Th's use is within an existing structure and no exterior re ovations (other than signage) are proposed. Therefore, no im act on the entrance corridor should occur. 2 e e e 1m ct on Librar Attachment D shows the location of the Northside Library in relation to the site currently under review. Staff has contacted the library for comment. No comment is available from the library regarding the proposed use. No conflict in use between this proposal and the Library is expected. Other Staff has also reviewed this request for compliance with Section 31.2.4.1 which states: . The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use per its for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby, and that such use will be in harmony with the purpose and intent of this ordinance, wi h the uses permitted by right in the district, with additional re ulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. The above comments on various impacts are intended to address the pr visions of Section 31.2.4.1. In addition, this use should be in general harmony with the commercial uses in the center. s ff has identified the following factors which are favorable to request: 1. The proposed activity is consistent with the Comprehensive Plan (recommended for Community Service). 2. The use is within an existing structure in an existing commercial development. 3. No impact on residential properties, schools, or the Library is anticipated. St ff has not identified any negative factors for this request. The above analysis is based on land use issues. Staff notes that a recreational use permit was approved for a proposed building in the Gardens development (SP-91-03). SP-91-03 consisted of an in oor miniature golf course and various amusement games. No outdoor activity was proposed. Initially the Planning Commission recommended denial of the request due to the proposed sale of 3 e e e alcphol. When the applicant withdrew the request to sell alcphol, the Planning Commission endorsed the project. Staff vie~s the current request as similar in character to SP-91-03. For the reasons cited above, staff recommends approval of this req~est subject to the following conditions: REcbMMENDED CONDITIONS OF APPROVAL: 1. No alcohol sales; 2. Use is limited to 1649 Seminole Trail; . 3. Commercial Recreation uses shall be limited to slot car racing and video games. ATT~CHMENTS : A - Location Map B - Tax Map C - Applicant's Comments D - Map of Albemarle Square 4 i GIBSON M UNT AIN 1 '.... ~...,.-J (;;;:,--~ r: [~>'~ --.... ....- IATTACHMENT AI Suo, . . e AIN @].... \. Col' J \ /.1 ~o (,.-z." '~1- I \. \ [A}~ ' I : < - Sf/~~' ~, \.: . " '.-/ i ,(~ / (j , /c..:-.... V1- ?"o'" .. -..." ...---- - c, ~"'~ ! Oj~-- ... ~'0 .' ....~ ~.~. ~'. \....... -- '" \- " '. ....@:IT] \ '\ '~, " it' j '" ~ '" ~ !ill: Q ~'t-./ ., "pI. \'J\~ "~ ~\' " e 65 \1 70 ~'4d1 Ao/ SEE IA~ACHMEN~';I _46 44 . e I ,/ i' e qf ._~HARLOTIESYI~ - . ";.\ ,. ,", ... ~'. ,....... .... ':-',;' "'_-~'~-;ii.;;; '~r<: ~ I ATTACHMENT C I e Description of Request & Justification RECEIVED ocr 1 1993 Planning Dept. -- -'" For a Slot Car Raceway, consisting of; slot car tracks, slot cars & controllers for rental or 'i to purchase. Soda machines (Coke & Pepsi)- Snack machines (Lance Vending Products) and Video games. Ii Sales of all parts for cars and controllers, motors, tools, decals and bodies. A family orientated atmosphere and hobby for people L of all ages to come and have some good clean fun. PossiQly participate in some of our up & coming racing events, such as, NASCAR & INDY WING CAR COMPETITION. WE WILL ALSO have FATHER & Son and Youth Division races. These races we will schedule regularly. "'r Our hours will be: Mon.-Wed. 2P.M.-IOP.M. Thurs. 2P.M.-IIP.M. Frio IP.M.-IIP.M. 9A.M.-IIP.M. 12P.M.-9P.M. f ~- Sat. ~ i ;. Sun. () There will never be any alcoholic beverages allowed and it will be a smoke feee environment. Q .... z w 1: J: U ~ ~ ~ w - > W 0:0 0:C*? '" . I WC*? (0) Z ::)0.. , . "- C/) . <(. -0. wo: 0 Q) 0:0 IJJ ~~ 0 'U" '. ". ".' <( U- :> ~ 0) ~" ....,~..~~.... ". 'W~ -- .~ ... 'r. ...... "'\1 0 1- C " """ . u c ~.6:!{!;/I;//1 ~~ ."\ . 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",;:J 0'0 u .e. -e e Co< ~ g ~ C! ~ -~ V) E 0 '0 Cl ta V) _' ~ .. ~ ~ ..( :I:L. 0'>"0 U -eQ L.o= 6-o:s:o o~~~::., t:::J ;:J 8 c ~ ~ "E] s:Q .~ 41 ~ r! ~ - ..9 ~ x :: ';] 0 ~ ut ~ ~ 0 ll:: r." oj -;;; ,.c: E ~ ~ ~ =: -;;; g 0 u Po 5 .. 8'", E CI) Vl . c;:: >. ~:~. Cl '" ~ t-< 0.'" _" U ''"J I:Q - I:Q oj 0 i:l'. .Q It:: u oj < -l III ~ u P: 9 ~.~ . 5 ~Q, .g i U ~ i! 0 .;; :r: .. I:Q 0 U ~ 0 S Vl <( ~ u.. -l ~ U C .Ii ~ z Vl U ~ r. :t;j I-< r. i: F. ~ '0 "'2 .2 '0 Cl :g U > := ~ -8 -2 ~ -a CJ ~,~ Q, ~ ~ t:r. -( I:Q ~ t.' U ~ <<l ~ C 2~ ~ ,: 0 ~ 8...l ~I 0 <.;jmt3:r:>;:]A:;J~A:aaVl...l < I>. 0 .~ I:Q I. :1 <<l " ..: .. .. - ~ .. 0 0, oj,.c: "" -< e: Vl ~~u..I>.-(l-<o>VlI-<>>~~>~~>t-<1~9~~1~Y9~1~Y91-<', 5 ~ ~~-~M-~~~C~-~~~M-~~M-__--MMMMM~~~~O " ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 0 ~ -------------~-----~ ------------ ,..J UJ Ul , I I I I I I I . 1 I I I I I, 'I 1 I I fl. I I I I I , 'I I I I I ~U-M~~~o-r~M~~~~OO~O~~t~~~~o-rIM~~~OOO\Orl << tl~ I '----------rlrlr&rINrlrIM(~(~rlMMC~MP1~~r ~1 ~ C" \U 00 ...!.. I~. ~ J, _ ~~ rl rl M v '. ~ \ 1 , l.. . .....-/ \ " ~\- rrrrc;~\, ~\\~ J.~\ ~. .':' 01> \ ( \ ... ------ -- ....-~,. 88 V) ~ :) ~ r\ "j 0\ M MI!'2 00 0\ t-- ~. "'~lIlg :aM~~ " "2 ' ~~ u '" ~ ~:; :~o ~ i" >U VI t' ~ e -( ::l .a Z g :.:l ~ e;., sf:) ~ p:;~~~ g ~~~~ U 1Q<i)""'1-< Z 0\"''''0 -( ~;g~1-< ...... ... M 0-. q- 0 " "" r-- . , . ttlttl ~ <'I <<< ~,... l""') ---. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: CPA-93-06 Neighborhood Three Study AGENDA DATE: December 8, 1993 ITEM NUMBER: 11 q~, ('20\5 . ~l~ INFORMATION: SUBJECT/PROPOSAL/REOUEST: Public hearing to consider amending the Comprehensive Plan to include CPA-93-06. ACTION: x CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Wayne Cilimberg ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: In 1992, the Board of Supervisors endorsed a neighborhood study process for the Growth Areas in the County. The purposes of these studies are as follows: (1) Establish at the neighborhood scale a more detailed, design oriented plan which achieves the goals and objectives of the Comprehensive Plan; (2) Support and further emphasize the Growth Area in a manner consistent with the County's growth management policy; (3) Establish a process for public participation in the planning and decision making process; and, (4) Synthesize into one planning document the other planning efforts/studies which impact the Growth Area. DISCUSSION: A study for the Neighborhood Three area was the first such study to be completed. A committee made up of land owners, business owners, residents residing and working in Neighborhood Three and the Planning Commissioner representing the area was established to direct the staff in the development of this study. The Committee completed its work and held a public information meeting on May 5, 1993 at the County Office Building to provide citizens residing and working in Neighborhood Three an opportunity to provide input on ~. Approximately 20 residents and business owners from Neighborhood Three and the s~ounding area attended this meeting. The Neighborhood Three Committee subsequently endorsed the study and forwarded it to the Planning Commission. The Planning Commission held three worksessions on the Neighborhood Three Study. After review of the study, the Planning Commission recommended some changes to the document,the majority of which deal with the rephrasing of the recommendation statements to a more passive form and the insertion of a general statement that indicates that the quantitive impact of funding any projects or programs recommended in the study on the budget shall be fully understood before County funds are allocated. These changes were recommended by the Planning Commission to ensure that readers of the document clearly understand that recommendations in this study serve only as a guide for development of Neighborhood Three and that adoption of the study does not constitute a commitment by the County towards funding of the recommendations. Since this is the first Neighborhood Study to be completed, the Planning Commission requested the Study be forwarded to the Board of Supervisors for its comment prior to the Planning Commission's public hearing. In particular, the Planning Commission requested the Board to comment on its recommended wording and provide direction on whether or not this amended wording should be a guiding principle for adoption of the study recommendations into the Comprehensive Plan. On October 6, 1993, the Board of Supervisors held a worksession on the Study and stated that it was not appropriate for the Planning Commission to change wording in the document since this was to reflect the uses and wishes of the Neighborhood Three Committee. However, the ~ I f i I Board did state that it was appropriate to add wording in the Comprehensive Plan amendment that indicated that the quantitive impact of funding any project or program recommended in the study on the budget shall be fully understood and evaluated against other projects before County funds are allocated. The Albemarle County Planning Commission, at its meeting on November 9, 1993, unanimously approved CPA-93-06 as recommended by staff to amend the Comprehensive Plan to include the following statement as a recommendation in the Neighborhood Three Profile (p. 169): Consider the recommendations of the Neighborhood Three Study as a guide for development. Adoption of this study as a guide does not constitute a commitment by the County towards the funding of proposed projects or programs outlined. Possible funding may only occur after the full impact of a project or program in regards to all capital, personnel and operating costs are fully understood. Also, all projects and programs recommended in this Study must be properly evaluated and prioritized relative to all other County projects in terms of possible funding. The Planning Commission approved CPA-93-06 under the condition that the amendment statement be added to the beginning of the Neighborhood Three Study Document itself. The purpose of the Board of Supervisor's public hearing is to consider amendment to the Comprehensive Plan recognizing the Neighborhood Three Study. RECOMMENDATION: Staff recommends approval of CPA-93-06. 93.188 Edward H. Bin, Jr. Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 972-4060 David P. Bow rman Charlottesvi Ie Charlotte Y. umphris Jack Jouett MEMORANDUM 0: Board of Supervisors ROM: Ella W. Carey, Clerk, CMC -e;GUV ATE: December 3, 1993 UBJECT: Reading List for December 8, 1993 1992 - Mr. Bain paga~ 15 (#12) end Mr. Eilin 9-2'~~~~owerman M Y 12, 1993 - pages 1 - 13 (#8) - Mr. Martin E C:mms * Printed on recycled paper I d --3,-'':; > C' 3 I" <;'" '7' I , .Id-Od.v ! Forrest R. Marshall, Jr. Scottsville Charles S. Martin Rivanna Walter F. Perkins White Hall D15~ 12/fJ/c;~S Route One, Box 426 Afton, Virginia 22920 703-456-675cl November 19, 1993 Albemarle County Board of Supervisors Albemarle County Office Building Charlottesville, VA 22901 Dear Board Members: My wife and I live on Critzer Shop Road (I think?) in Albemar~e County near the Nelson County line. We operate a small Direct Marketing Farm operation at this location and in so d6ing, we seek to sell all of our fruit, vegetables and flower plants direct to the consumer. As you know, in order for our farm business to survive, it will be essential for our prospective customers from Charlottesville, Staunton, Waynesboro as well as surrounding counties to find us. It is with regard to "finding us" that makes it necessary for me to write you this letter. I live one mile from Route 250 on some road we just are not sure what road yet. I have lived at" the same place for my entire life. When I was born, it was known as Route 638 one mile from 250. About early 1960 at which time while still living at the same place it was changed to Route 6 one mile from 250. Then, around 1990, Route 6 becomes Route 151. the sign on the road said old Route 6 new 151 while a nearby sign said old 151 new 6. What a challenge trying to describe to someone over the telephone where you live. I was told at the time that people were having a difficult time figuring out which was 6 and which was 151. If in 27 years people were still confused about 151 on 6, we can only assume that swopping numbers 6 for 151 and 151 for 6 will still be confusing for another 27 years, new 6 old 151 and new 151 and old 6. page 2 Since you are probably lost by now, I have some good ews for you -- or at least I theught I did -- along cernes he Emergency 911 road naming plan and we can have a road o identify ourselves by. No more trying to explain 638 or ld 6 or new 151, just Critzer Shop Road. The county selected he name (I didn't) and (did not request) that it be named ccordingly (It goes back many years ago when there was a lacksmith Shop on this road). Anyway, I certainly have no roblem with the current name. However, I have just been informed that there are plans head to request changing the name from Critzer Shop Road to atrick Henry Highway. I have no problem with Patrick Henry. think he was a fine christian man and we would do well to ollow his example. The bottom line is this, when we moved out of the number ame and finally had a name for our road, we developed a logo nd spent considerable money in printing and advertising sing our road name; and I am convinced that whoever changes he name of the road again will be responsible for reimbursing y small business all cost and any inconvenience regarding his name change if it comes about. I believe Albemarle County had public hearings to receive omments on the naming of roads in the county. I would like to e informed when the hearing will be held for the changing of he name on Critzer Shop Road; will you please advise me of any etails you receive regarding this matter. I appreciate your attention to this matter and helping me n this which might seem very minor to you but we consider it o be a major issue to us as it will have a tremendous impact n our small business. 1)~ Whitney and Rosemary Critzer c/rc c: Mr. Tommy Harvey, North District Supervisor (Nel~on) Nel~on County Board of Supervisors Mr. Walter Perkins, Whitehall District Supervisor (Albemarle) MOTION: Mrs. Humphris SECOND: Mr. Perkins MEETING DATE: December 8, 1993 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provi- sions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 requires a certification by the Supervisors that such executive conformity with Virginia law; of the Code of Virginia Albemarle County Board of meeting was conducted in NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Vir~rinia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mr. Perkins, Mr. Bower.man, Mrs. Humphris and Mr. Marshall NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING VOTE: Mr. Bain and Mr. Martin. ABSENT DURING MEETING: None. County