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HomeMy WebLinkAbout2001-11-14 ACTIONS Board of Supervisors Meeting of November 14, 2001 AGENDA ITEM/ACTION November 19, 2001 ASSIGNMENT JOINT MEETING WITH SCHOOL BOARD 1. Call to order. Meeting was called to Order at 4:34 p.m., by the Chairman. All BOS members present. 2. Compensation Recommendations for Adopted Compensation and Benefits Strategy. · Based on current projected revenues, the Board of Supen/isors and School Board APPROVED a two percent increase for classified salary scale, teacher's scale, and merit pool for classified/administrative employees for FY 2002/03 budget preparation. As part of the motion, the Boards indicated a goal of reaching market for employee salaries. 3. FY 2003 Revenue Estimates. · RECEIVED as information. 4. From the Board and School Board: Matters not Listed on the Agenda. · The School Board approved giving employees additional holidays - one-half da..y on Wednesday, November 21st and full day on December 31°`. 5. 'Adjourn. The meeting was adjourned at 5:55 p.m. County Executive staff: Bdng back revenue update in January or February. REGULAR NIGHT MEETING 1. Call to Order. 4. From the Public: Matters Not Listed on the Agenda. · There were none. 5. I AdoPt Resolution Approving the Reissuance of Industrial Development Authority Lease Revenue Bonds in an Amount not to Exceed $1,970,000 for The University of Virginia Real Estate Foundation, Series 1996. · ADOPTED the attached resolution. 5.2 Resolution Adopting The Albemarle County Purchasing Manual. · ADOPTED the attached resolution. 5.3 Set Public Hearing on Ordinance to Amend Chapter 13, Solid Waste Disposal and Recycling, Pertaining to Refuse Transported in Vehicles, for December 5, 2001. · SET public hearing for December 5, 2001. 5.4 Adopt Resolution Approving the Issuance of Industrial Development Authority Revenue Bonds in an Amount not to Exceed $35,000,000 for Virginia Lutheran Homes. · ADOPTED the attached resolution. 6. SP-2001-001 Beverage Tractor & Bevera.qe, Inc (Signs #36&37). · APPROVED subject to the 11 conditions recommended by the Planning Commission, with condition #8.5 emended at the BOS meeting. Meeting was called to Order at 7:01 p:m., by the Chairman. All BOS members present. Staff present were Bob Tucker, Larry Davis, Ella Carey and Wayne Cilimberg. Clerk: Forward resolution to Wilson R. Tdce, bond counsel for UREF. (Attachment 1) Clerk: Forward copy of signed resolution to Ed Koonce, Hugh Gravitt and Larry Davis. (Attachment 2) Clerk: Advertise public hearing. Clerk: Forward resolution to Dave Richardson, bond counsel for Virginia Lutheran Homes. (Attachment 3) Clerk: Set out conditions of approval on Attachment 4. 7. SP-2001-025. Food Lion at Branchlands (Signs #29&32). APPROVED subject to the 6 conditions recommended by the Planning Commission, and amended at the BOS meeting. 8. SP-2001-026. Food Lion at Mill Creek (Signs #25&28). APPROVED subject to the 6 conditions recommended by the Planning Commission, and amended at the BOS meeting.. 9. SP-2001-027. Food Lion at Forest Lakes (Signs #23&24). · APPROVED subject to the 6 conditions recommended by the .Planning Commission, and amended at the BOS meeting. 10. SP-2001-034Au.qusta LumberShed Construction (Sign #S3). APPROVED subject to the 4 conditions recommended by the Planning Commission. 11. SP-2001-037 St John The Baptist Episcopal Church (Sign #65). · APPROVED subject to the 4 conditions recommended by the Planning Commission. 12. SP-2001-041 Mott Bros. Handcrafted Furniture LLC (Sign #72). · APPROVED subject to the 4 conditions recommended by the Planning Commission. 12. From the Board: Matters not Listed on the Agenda. Ms. Thomas presented Mr. Martin a plaque from VACO honodng his ten years of service on the BOS. Mr. Davis asked for the Board's consent to allow Ms. Thomas to sign the letter, he was directed to prepare, to VDOT regarding the Supplemental Environmental Impact Statement for the Route 29 Bypass project, once it is in acceptable form. He can share the draft letter with Board members. The Board AGREED. 13. Adjoum. · The meeting was adjourned at 7:55 p.m. Clerk: Set out conditions of approval on Attachment 4. Clerk: Set out conditions of approval on Attachment 4. Clerk: Set out conditions of approval on Attachment 4. Clerk: Set out conditions of approval on Attachment 4. Clerk: Set out conditions of approval on Attachment 4. Clerk: Set out conditions of approval on Attachment 4. /ewc Attachment 1 - Resolution - IDA: UREF Attachment 2 - Resolution - Purchasing Manual Attachment 3 - Resolution - IDA: virginia Lutheran Homes Attachment 4 - Conditions of approval for Planning items. Attachment 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), has considered the request of the University of Virginia Real Estate Foundation (the "Foundation"), a nonprofit Virginia nonstock corporation, that the Authority modify certain of the terms of the Authority's Lease Revenue Bond (University of Virginia Real Estate Foundation) Series 1996 (the "Sedes 1996 Bond") previously issued by the Authority on May 15, 1996 to finance the construction of a 56,276 rentable square foot building located at 400 Ray C. Hunt Drive in the Fontaine Research Park in the County of Albemarle, Virginia (the "Project"), owned by the Foundation and leased to the University of Virginia as office space for certain of its departments; and WHEREAS, the modifications requested by the Foundation include an extension of the matudty of and a change in the interest rate borne by the Sedes 1996 Bond and, if consummated, will result in a deemed exchange and reissuance that will constitute a current refunding of the Sedes 1996 Bond for purposes of the Intemal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Authority has held a public headng regarding this matter on November 13, 2001 (the "Public Hearing"); and WHEREAS, Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the %'irginia Code"), provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of pdvate activity bonds is located must approve the issuance of the bonds after a public headng; and WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, virginia (the "County"); the Project proposed to be refinanced is located in the County; and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County; and WHEREAS, following the PUblic Hearing, the Authority adopted a resolution (the "Authority Resolution") in which it recommended and requested that the Board approve the modification and reissuance of the Sedes 1996 Bond by the Authority; and WHEREAS, a copy of the Authority Resolution approving the modification and reissuance of the Sedes 1996 Bond, a summary of the Authority's Public Headng and the Foundation's Fiscal Impact Statement have been filed with the Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: The Board approves the modification and reissuance of the Sedes 1996 Bond by the Authority for the benefit of the Foundation, as required by Section 147(f) of the Code and Section 15.2- 4906 of the Virginia Code, to permit the Authority to assist in the refinancing of the Project. The approval of the modification and reissuance of the Sedes 1996 Bond does not constitute an endorsement of the Sedes 1996 Bond, as modified, or of the creditworthiness of the Project or the Foundation. As required by Section 15.2-4909 of the Virginia Code, the Series 1996 Bond, as modified, shall provide that neither the Commonwealth of Virginia nor any of its political subdivisions, including the Authority, shall be directly or indirectly or contingently obligated to pay the Series 1996 Bond, as modified, or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Authority, shall be pledged thereto. adoption. This Resolution shall remain in effect for a pedod of one year from the date of its This Resolution shall take effect immediately upon its adoption. Attachment 2 RESOLUTION ADOPTING THE ALBEMARLE COUNTY PURCHASING MANUAL WHEREAS, the County of Albemarle Purchasing Manual, last revised in 1990, is outdated and fails to provide comprehensive policies and procedures for the procurement of goods and services; and WHEREAS, the proposed Albemarle County Purchasing Manual, dated November 14, 2001, delineates not only the requirements of the Virginia Public Procurement Act, but also the methods and procedures that will best enable the County to procure the highest quality goods and services at a reasonable cost and in an efficient, fair, and competitive manner; and WHEREAS, the Board desires to adopt the Albemarle County Purchasing Manual. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Purchasing Manual is hereby adopted, and it shall supersede the County of Albemarle Purchasing Manual, last revised in 1990. BE IT FURTHER RESOLVED that the Albemarle County Purchasing Manual shall be effective November 14, 2001. Attachment 3 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA The Industrial Development Authority of Albemarle County, Virginia ("Authority") has considered the application and plan of financing of Virginia Lutheran Homes-Charlottesville, L.L.C. ('~/LHC"), Shenandoah Valley Lutheran Housing, Inc. ("Shenandoah"), and Zion Place, Inc. ("Zion Place"), all 501(c)(3) organizations organized or incorporated in Virginia which are affiliates of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (collectively, the "Borrowers"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $35,000,000 ("Bonds") to be issued at one time or from time to time to assist the Borrowers in financing or refinancing its plan of financing ("Plan of Financing") for the following (collectively, "Project"): (1) the acquisition, expansion, construction and equipping by VLHC of a residential care facility for the aged currently containing 75 residential units known as Branchlands Village located at 1300 Branchlands Drive, Charlottesville, Virginia 22901 in the County of Albemarle, Virginia, the expansion of which facility will include the acquisition of an approximately I acre parcel of land adjacent to the existing facility and the construction of an additional 86 residential units; (2) the refinancing of an outstanding balance of approximately $1,700;000 on a mortgage loan by the United States Department of Housing and Urban Development ("HUD") to Shenandoah, the proceeds of which Shenandoah used to finance its construction of a Iow- income residential care facility for the aged containing 39 residential units known as Luther Crest, located at 9138 Congress Street, New Market, Virginia 22844 in the County of Shenandoah, Virginia; (3) the refinancing of an outstanding balance of approximately $4,200,000 on a mortgage loan by HUD to Zion Place, the proceeds of which Zion Place used to finance its construction of a Iow-income residential care facility for the aged containing 123 residential units known as Luther Manor, located at 350 Malibu Drive, Virginia Beach, Virginia 23452 in the City of Virginia Beach, Virginia; (4) related and routine capital expenditures of the Borrowers; and (5) amounts required for reserves, working capital, capitalized interest and costs of issuance in connection with the foregoing. The Authority held a public headng on the Borrowers' application and Plan of Financing on November 13, 2001, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the '"Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of pdvate activity bonds and over the area in which any facility financed with the proceeds of pdvate activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); a portion of the Project is to be located in the County; and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County. The Authority has recommended that the Board approve the Plan of Financing and the issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, pursuant to the Borrowers' Plan of Financing, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board, NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves (i) the Plan of Financing and (ii) the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrowers, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to assist the Borrowers in their Plan of Financing. 2. The approval of the Plan of Financing and the issuance of the Bonds do not constitute an endomement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrowers. 3. This resolution shall take effect immediately upon its adoption, Attachment 4 Conditions of Approval for Planning items: Agenda Item No. 6. SP-2001-001 Beverage Tractor & Beverage, Inc (Signs #36&37). Public headng on a request to expand previously permitted [SP-1999-068] outdoor display & storage of farm equip in accord w/Sec 30.6.3.2(b) of the Zoning Ord. TM 79 P 4P contains 2.56 acs. Loc on Richmond Rd (Rt 250 E) at the NE comer of the intersec w/Hunter's Way (Rt 1146). Znd HC & EC. Rivanna Dist. 6. 7. 8. 10. 11. Items for display shall not be taller than nine (~) feet; Displayed items shall not be elevated; Revise the Final Site Plan by numbering the display areas as identified in the preliminary ARB comments (see attachment-on file); Revise the landscape plan as follows: 1. Add double staggered rows of evergreen trees eight (8) to ten (10) feet tall at the time of planting spaced six (6) feet on center. This screening shall be located at the southeast comer of area I and at the southeast comer of area 4; 2. At the southwestern edge of area 3 add a double staggered row of evergreen shrubs twenty-four (24) inches tall at the time of planting spaced five (5) feet on center;, and 3. The landscape plan shall include a planting schedule that shows the number and species of the proposed plants and the size of the plants at installation; No additional lighting shall be introduced to the site for the purpose of illuminating this display; Include a note on the plan "that existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site; Include a note on the plan indicating that the "shrubs surrounding area I shall not be pruned below a height of five (5) feet"; The storage of crates, containers, and other items, and/or the display of equipment over five' (5) feet in height, shall be limited as follows (see attachment-on file): 1. Southem Terrace (area 5): storage/display shall not occur within one hundred (100) feet of the western property line and one hundred fifty (150) feet of the eastern property line; 2. Northern Terrace (area 6): storage/display shall not occur within sixty (60) feet of the westem property line and one hundred seventy (170) feet of the eastern property line; 3. Northeastern Comer (area 7): storage/display shall not occur beyond eighty (80) feet of the eastern property line; 4. Storage of items may not occur in areas 1, 2, and 3 as identified on the plan attached (on file) to the staff report; and 5. Revise the site plan to show that display and storage in area 4 will not be permitted any further south than the line formed by the rear of the building; Use railroad ties, timbers or posts to help delineate the permitted display and storage areas; No land disturbance will occur;, and ~ All existing cdtical slopes must be stabilized. Agenda Item No. 7. SP-2001-025. Food Lion at Branchlands (Signs #29&32). Public hearing on a request to display seasonal plant items outdoors in an EC at Food Lion Store loc on E sd of Rt 29, S of Branchlands Blvd & W of Hilisdale Dr. Znd PUD & EC. TM61Z,Sect.3, P11. Rio Dist. Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway; Mark and maintain a pedestrian aisle (min 4 feet wide) along entire length of the store excluding the area in front of the projected entranceway; No additional lighting shall be introduced to the site for the purpose of illuminating this display; Display items shall be limited to those listed in Attachment A (on file), revised as referenced in the November 12, 2001 letter from the applicant; Storage of bagged mulch, fire wood and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three (3) feet; and No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three (3) feet. Agenda Item No. 8. SP-2001-026. Food Lion at Mill Creek (Signs ~r25&28). Public hearing on a request to display seasonal plant items outdoors in EC at Food Lion Store loc at S Sd Shopping Center, on NE comer of Avon St (Rt 742) & Mill Creek Dr. Znd PD-SC & EC. TM77,P47. Scottsville Dist. 3. 4. 5. 6. Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway; Mark and maintain a pedestrian aisle (min 4 feet wide) along entire length of the store excluding the area in front of the projected entranceway; No additional lighting shall be introduced to the site for the purpose of illuminating this display; Display items shall be limited to those listed ih Attachment A (on file), revised as referenced in the November 12, 2001 letter from the applicant; Storage of bagged mulch, fire wood and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three (3) feet; and No new signage associated with this use shall be permitted. Pdcing information shall not be displayed higher than three (3) feet. Agenda Item No. 9. SP-2001-027. Food Lion at Forest Lakes (Signs #23&24). Public hearing on a request to display seasonal plant items in an EC at Food Lion Store loc in Forest Lakes Shopping Center b/t Timberwood Blvd & Profit Rd, W of Worth Crossing. Znd PD-SC & EC. TM46B4,Ps2&3. Rivanna Dist. 3. 4. 5. 6. Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway; Mark and maintain a pedestrian aisle (min 3 feet wide) along entire length of the store excluding the area in front of the projected entranceway; No additional lighting shall be introduced to the site for the purpose of illuminating this display; Display items shall be limited to those listed in Attachment A (On file), revised as referenced in the November 12, 2001 letter from the applicant; Storage of bagged mulch, fire wood and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three (3) feet; and No new signage associated with this use shall be permitted. Pdcing information shall not be displayed higher than three (3) feet. Agenda Item No. 10. SP-200t-034 Augusta Lumber Shed Construction (Sign #53). Public hearing on a request to allow construction of lumber shed by amendment of an earlier permit in accord w/Sec 10;2.2.14 of the Zoning Ord. TM 99 P 49A contains 20.639 acs. Loc on Rt 712 approx 0.25 mis from its intersec w/Norfolk Southern Railway. Znd PA. Samuel Miller Dist. Conditions of approval for SP-1982-09, as amended by SP-1990-61 and SP-1991-47, shall apply; The subject storage shed shall be located on the property in general conformance with the sketch plan entitled "Augusta Lumber SP-2001-34," subject to standards within Section 5.1,15 of the Albemarle Zoning Ordinance; The subject storage shed shall be restricted to the following purposes: a) storage of lumber; and b) sorting of lumber; No noise generating production equipment shall be used within the subject building. Agenda Item No. 11. SP-2001-037 St John The Baptist Episcopal Church (Sign #65). Public hearing on request to allow expansion of St. John the Baptist Episcopal Church in accord w/Sec 10.2.2.35 of the Zoning Ord. TM 73 Ps 20, 20B, 28A & 28B contains 7.8 acs. Loc on Dick Woods Rd (Rt 637) approx 0.2 mis from the intersec of Rts 637 & 682. Znd RA. Samuel Miller Dist. The building expansion shall be in general accord with the sketch plan titled "Sketch Showing Proposed Addition to Padsh Hall and Additional Parking Property of St. John The Baptist Episcopal Church" by Roudabush and Gale, dated September 25, 2001 (Attachment A-on file); The proposed parking areas shall be constructed at a six (6)-inch depth using ~r21 or ~r21A gravel pdor to the issuance of a Certificate of Occupancy, with existing gravel used as a base for new improvements; Prior to the issuance of a Building Permit, the subject parcels, described as Tax Map 73 Parcels 20, 20B, 28A and 28B, shall be consolidated into one (1) parcel; and Health Department approval of well and septic systems shall be required. Agenda Item No. 12. SP-2001-04t Mort Bros. Handcrafted Furniture LLC (Sign #72). Public hearing on a request to allow a custom artisan furniture shop in accord w/Sec 10.2.2.31 of the Zoning Ord. TM 48, P 25 contains 99.02 acs. Loc on Stony Point Pass (Rt 600), approx .6 mis from the intersec of Rt 600 & Rt 20. Znd P,/L Rivanna Dist. ~ There shall be no on-site sales; There shall be no outdoor storage of materials; All production activity of the custom-made furniture shall occur within the confines of the existing 24' x 18' shed; and All waste metedals shall be disposed of in accordance with hazardous waste regulations. ]0 At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 14th day of November, 2001, the following members were recorded as present: PRESENT: Mr. David P. Bowerman (arrived at 7:24 p.m.) Mr. Lindsay G. Dorder, Jr. Ms. Charlotte Y. Humphris Mr. Charles S. Martin Mr. Walter F. Perkins Ms. Sally H. Thomas On motion by Ms. Humphris, seconded by Mr. Martin, the attached resolution was adopted by a majority of the members of the Board of Supervisors of the County of Albemarle, Virginia, by a roll call vote, the votes being recorded as follows: MEMBER VOTE Mr. Bowerman (absent) Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Aye Aye Aye Aye RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), has considered the request of the University of Virginia Real Estate Foundation (the "Foundation"), a nonprofit Virginia nonstock corporation, that the Authority modify certain of the terms of the Authority's Lease Revenue Bond (University of Virginia Real Estate Foundation) Series 1996 (the "Sedes 1996 Bond") previously issued by the Authority on May 15, 1996 to finance the construction of a 56,276 rentable square foot building located at 400 Ray C. Hunt Ddve in the Fontaine Research Park in the County of Albemarle, Virginia (the "Project"), owned by the Foundation and leased to the University of Virginia as office space for certain of its departments; and WHEREAS, the modifications requested by the Foundation include an extension of the maturity of and a change in the interest rate borne by the Series 1996 Bond and, if consummated, will result in a deemed exchange and reissuance that will constitute a current refunding of the Series 1996 Bond for purposes of the Intemal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Authority has held a public headng regarding this matter on November 13, 2001 (the "Public Hearing"); and WHEREAS, Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), provide that the highest elected govemmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds after a public hearing; and WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia (the "County,'); the Project proposed to be refinanced is located in the County; and the Board of Supervisors of the County (the "Board") constitutes the highest elected governmental unit of the County; and WHEREAS, following the Public Headng, the Authority adopted a resolution (the "Authority Resolution") in which it recommended and requested that the Board approve the modification and reissuance of the Series 1996 Bond by the Authority; and WHEREAS, a copy of the Authority Resolution approving the modification and reissuance of the Series 1996 Bond, a summary of the Authority's Public Hearing and the Foundation's Fiscal Impact Statement have been filed with the Board; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY oF ALBEMARLE, VIRGINIA: 1. The Board approves the modification and reissuance of the Series 1996 Bond by the Authority for the benefit of the Foundation, as required by Section 147(f) of the Code and Section 15.2- 4906 of the Virginia Code, to permit the Authority to assist in the refinancing of the Project. 2. The approval of the modification and reissuance of the Sedes 1996 Bond does not constitute an endorsement of the Series 1996 Bond, as modified, or of the creditworthiness of the Project or the Foundation. As required by Section 15.2-4909 of the Virginia Code, the Sedes 1996 Bond, as modified, shall provide that neither the Commonwealth of Virginia nor any of its political subdivisions, including the Authority, shall be directly or indirectly or contingently obligated to pay the Series 1996 Bond, as modified, or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including the Authority, shall be pledged thereto. adoption. This Resolution shall remain in effect for a pedod of one year from the date of its 4. This Resolution shall take effect immediately upon its adoptiOn. Adopted: November 14, 2001 CJ'~'~, Board of Superv'~sers;'-' ~ the County of Albemarle, Virginia~,/ -2- CERTIFICATE OF THE CLERK OF TI-1E BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia (the "Board"), certifies the following: 1. Attached hereto as Exhibit A is a true, correct, and complete copy of a resolution (the "Resolution") adopted by the Board on November 14, 2001, approving the reissuance of the bond, as modified, by the Industrial Development Authority of Albemarle County, Virginia for the benefit of the University of Virginia Real Estate Foundation (the "Bond"). The Resolution has not been repealed, revoked, rescinded, or amended, is in full force and effect, and constitutes all formal action taken by the Board with respect to the issuance of the Bond. November 15, 2001. ~~~~~ [SEAL ] -'--~l~k, '~o ar dcOofunS ~,evr ~;~.~ aO f~b e mar 1 e Exhibit: A - Resolution Approving the Bond Issue #1002586vl FISCAL IMPACT STATEMENT Date: November 13, 2001 Applicant: University of Virginia Real Estate Foundation Facility: An office building, containing 56, 276 square feet of rentable space, located at 400 Ray C. Hunt Drive in Albemarle County, Virginia 1. Maximum amount of financing sought $1~645~000 0 Estimated taxable value of the facility's real property to be constructed in the municipality $ 0 * Estimated real property tax per year using present tax rates $ 0 Estimated personal property tax per year using present tax rates $ 0 * e Estimated merchants' capital tax per year using present tax rates $ 0, * ae Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality $ 0 * Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality $ 0 * Estimated dollar value per year of services that will be purchased from Virginia companies within the locality $ 0 * Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality $ 0 * RKE~ 0722856.WPD C/M: 093135-00014-03 Estimated number of regular employees on year rOund basis Average annual salary per employee $ 0 * $ N/A * As the finanCing consists solely of the modification of the terms of an obligation previously.issUed, which will be treated as a reissuance and refunding of that obligation for federal income tax purposes, no new fiscal activity will be generated by the financing. Signature: Authority Chairman Industrial Development Authority of Albemarle County, Virginia If one or more of the above questions do not apply to the facility, indicate by writing "N/A" on the appropriate line. 1002783vl RKE# 0722856.WPD C/M: 093135-00014-03 RESOLUTION ADOPTING THE ALBEMARLE COUNTY PURCHASING MANUAL WHEREAS, the County of Albemarle Purchasing Manual, last revised in 1990, is outdated and fails to provide comprehensive policies and procedures for the procurement of goods and services; and WHEREAS, the proposed Albemarle County Purchasing Manual, dated November 14, 2001, delineates not only the requirements of the Virginia Public Procurement Act, but also the methods and procedures that will best enable the County to procure the highest quality goods and services at a reasonable cost and in an efficient, fair, and competitive manner; and WHEREAS, the Board desires to adopt the Albemarle County Purchasing Manual. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Purchasing Manual is hereby adopted, and it shall supersede the County of Albemarle Purchasing Manual, last revised in 1990. BE IT 'FURTHER RESOLVED that ~the Albemarle County Purchasing Manual shall be effective November 14, 2001. I, Ella W. carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of five to zero, as recorded below, at a meeting held on November 14, 2001. Clerk, Board of Coun~]'Superv~"' Aye Nay Mr. Bowerman (Absent) Mr. Dorrier X Ms. Humphris X Mr. Martin X Mr. Perkins X Ms. Thomas X COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution adopting purchasing manual SUBJ ECT/PROPOSAL/REQU EST: Adopt purchasing manual STAFF CONTACT(S): Tucker, Davis, Kamptner, Koonce, Gravitt AGENDA DATE: ITEM NUMBER: November 14, 2001 ACTION: CONSENT AGENDA: ACTION: Yes INFORMATION: ATTACHMENTS: REVIEWED BY: INFORMATION: BACKGROUND: The Virginia Public Procurement Act (Virginia Code § 2.2-4300 et seq.) establishes the legal requirements by which the County must procure goods and services. For the most part, however, the Act does not delineate how County officials should procure goods and services in a manner that best addresses the County's desire to procure the highest quality goods and services at a reasonable cost and in an efficient, fair and corn petitive manner. These issues are addressed in a purchasing manual. DISCUSSION: The County's current purchasing manual was last revised in 1990. It is outdated and fails to provide comprehensive policies and procedures for the procurement of goods and services. The purchasing manual proposed for your adoption was developed over several years and is based on exhaustive research and practical experience. It contains information to be used by not only the purchasing agent, but also all other County officers and employees who work with the purchasing agent in procuring goods and services. The proposed manual explains not only what officers and employees must or should do in order to comply with the Virginia Public Procurement Act, but also how those requirements or recommendations should be performed. In addition, the proposed manual: (1) establishes procedures that promote competition affording every qualified vendor with a fair opportunity to obtain County business; (2) provides an understanding of the respe nsibilities, objectives, limitations and duties of the purchasing agent and the using departments; (3) conveys to employees, and through them, to vendors, a clear understanding of the County's purchasing policies and objectives; and (4) establishes reasonable standards against which internal and external auditors can measure the performance of the purchasing office's functions. The proposed manual would be followed by all County agencies and departments, as well as by the School Division. Because of its length, the proposed manual has not been attached to this executive summary. A copy of the proposed manual has been provided to the Clerk of the Board for your review. RECOMMENDATION: Adopt the attached resolution. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ord[nance to amend Chapter 13, Solid Waste Disposal and Recycling, pertaining to refuse transported in vehicles SUBJ ECTIPROPOSAL/REQUEST: Schedule proposed ordinance for public hearing and authorize Clerk to advertise proposed ordinance STAFF CONTACT(S): Tucker, Davis, Kamptner AGENDA DATE November 14, 2001 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: INFORMATION: Yes Albemarle County Code § constructed ~ to prevent th, is designed 1 not violate Al escapes fror DISCUSSIO Albemarle C vehicle. How the vehicle. ~ loaded "to pr § 10.1-1424 opinion that t The propose referenced RECOMMEt Authorize 5, 2001. 13-301 makes it unlawful to transport refuse in a motor vehicle unless the vehicle is ~r loaded to prevent the refuse from escaping the vehicle. A vehicle is deemed to be constructed or loaded refuse from escaping "if the refuse is transported in a secured covered container within the vehicle which not allow sifting, leakage or the escape of refuse therefrom." Because of this language, a person does ~emade County Code § 13-301 when a securely covered container, such as an enclosed bag of materials, the vehicle. ~unty Code § 13-301 makes it unlawful for refuse not within a securely covered container to escape a ,~ver, Albemarle County Code § 13-301 is not violated when a securely covered container of refuse escapes firginia Code § 10.1-1424 is clearer - it prohibits a vehicle from being operated unless it is constructed or event any of its load from dropping, sifting, leaking or otherwise escaping therefrom." Virginia Code s violated if the load, including the containers in which the load is carried, escape the vehicle. It is staff's ~e language of Virginia Code § 10.1-1424 better addresses the problems of refuse escaping from vehicles. ordinance would amend Albemarle County Code § 13-301 so that its language is similar to the above- ~nguage of Virginia Code § 10.1-1424. IDATION: Clerk to the Board of Supervisors to advertise the proposed ordinance for public hearing on December 01.215 11-08-0 Draft: 11/07/01 ORDINANCE NO. 01-13(1) AN ORDINANCE TO AMEND CHAPTER 13, SOLD WASTE DISPOSAL AND RECYCLING, ARTICLE HI, DUMPING, ACCUMULATION, STORAGE, REMOVAL AND DISPOSAL OF WASTE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 13, Solid Waste Disposal and Recycling, Article IH, Dumping, Accumulation, Storage, Removal and Disposal of Waste, of the Code of the County of Albemarle is amended and reordained as follows: By Amending: Sec. 13-301 Transporting refuse in vehicles. Chapter 13. Solid Waste Disposal and Recycling Article HI. Dumping, Accumulation, Storage, Removal and Disposal of Waste Sec. 13-301 Transporting refuse in vehicles. It shall be unlawful for any person to transport any refuse upon the streets, roads, or highways in the county in a motor vehicle unless the vehicle is constructed or loaded to prevent any of the rc~::c load, consisting of the refuse or refuse containers, from dropping, sifting, leaking or otherwise escaping therefrom. A vehicle may be deemed to be constructed or loaded to prevent the rc~tr, e load from dropping, sifting, leaking or otherwise escaping if the refuse is transported in a one or more. secured covered container=s within the vehicle which is are designed to not allow sitting, leakage or the escape of refuse therefrom, and each container is loaded in the vehicle in a manner that prevents it from dropping or otherwise escaping from the vehicle. Any person convicted of violating this section shall be guilty of a misdemeanor punishable as provided in section 1-115 of the Code. (Code 1967, § 15-4; 4-17-75; Code 1988, § 16-3; Ord. 98-A(1), 7-15-98) State law reference-Va. Code § 10.1-1024. I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of __ to __, as recorded below, at a regular meeting held on Mr. Bowerman Mr. Dottier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors At a regular meeting of the Board of Supervisors of the County of Albemarle, Virginia, held on the 14th day of November, 2001, the following members were recorded as present: PRESENT: Mr. David P. Bowerman (arrived at 7:24 p.m.) Mr. Lindsay G. Dorrier, Jr. Ms. Charlotte Y. Humphris Mr. Charles S. Martin Mr. Walter F. Perkins Ms. Sally H. Thomas On motion by Ms. Humphris, seconded by Mr. Martin, the attached resolution was adopted by a majority of the members of the Board of Supervisors of the County of Albemarle, Virginia, by a roll call vote, the votes being recorded as follows: MEMBER VOTE Mr. Bowerman (absent) Mr. Dorrier Ms. Humphris Mr. Martin Mr. Perkins Ms. Thomas Aye Aye Aye Aye Aye David R Bowerman Lindsay G. Dorrier, ,Jr. Scottsville Charlotte Y. Humphris Jack Jouett COUNTY OF ALBFaMARLE Office of Board of Supervisors 401 Mclnfire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Walter F. Perkins White Hall Sally H. Thomas November 20, 2001 Mr. David Riebardson McGuireWoods 901 East Cary Street Richmond, VA 23219 Dear Mr. Richardson: At its meeting on November 14, 2001, the Board of Supervisors adopted the attached Resolution Approving the Issuance of Industrial Development Authority Bonds in an Amount not to Exceed $35,000,000 for Virginia Lutheran Homes. Sincerely Ella W. Carey, Clerk /ewc Attachment cc: Richard L. Hall Printed on recycled paper RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA The Industrial Development Authority of Albemarle County, Virginia ("Authority") has considered the application and plan of financing of Virginia Lutheran Homes- Charlottesville, L.L.C. ('¥LHC"), Shenandoah Valley Lutheran Housing, Inc. ("Shenandoah"), and Zion Place, Inc. ("Zion Place"), all 501(c)(3) organizations organized or incorporated in Virginia which are affiliates of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (collectively, the "Borrowers"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $35,000,000 ("Bonds") to be issued at one time or from time to time to assist the Borrowers in financing or refinancing its plan of financing ("Plan of Financing") for the following (collectively, "Proiect"): (1) the acquisition, expansion, construction and equipping by VLHC of a residential care facility for the aged currently containing 75 residential units known as Branchlands Village located at 1300 Branchlands Drive, Charlottesville, Virginia 22901 in the County of Albemarle, Virginia, the expansion of which facility will include the acquisition of an approximately 1 acre parcel of land adjacent to the existing facility and the construction of an additional 86 residential units; (2) the refinancing of an outstanding balance of approximately $1,700,000 on a mortgage loan by the United States Department of Housing and Urban Development ("HUD") to Shenandoah, the proceeds of which Shenandoah used to finance its construction of a Iow-income residential care facility for the aged containing 39 residential units known as Luther Crest, located at 9138 Congress Street, New Market, Virginia 22844 in the County of Shenandoah, Virginia; (3) the refinancing of an outstanding balance of approximately $4,200,000 on a mortgage loan by HUD to Zion Place, the proceeds of which Zion Place used to finance its construction of a Iow-income residential care facility for the aged containing 123 residential units known as Luther Manor, located at 350 Malibu Drive, Virginia Beach, Virginia 23452 in the City of Virginia Beach, Virginia; (4) related and routine capital expenditures of the Borrowers; and (5) amounts required for reserves, working capital, capitalized interest and costs of issuance in connection with the foregoing. The Authority held a public hearing on the Borrowers' application and Plan of Financing on November 13, 2001, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of priVate activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County"); a portion of the Project is to be located in the County; and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County. The Authority has recommended that the Board approve the Plan of Financing and the issuance of the Bonds. A copy of the Authority's resolution approving the issuance of the Bonds, pursuant to the Borrowers' Plan of Financing, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. The Board approves (i) the Plan of Financing and (ii) the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrowers, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to assist the Borrowers in their Plan of Financing. 2. The approval of the Plan of Financing and the issuance of the Bonds do not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Financing or the Borrowers. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 14th day of November, 2001. [SEAE] Clerk, Board of Supervisors~ County of Albemarle, Virginia November 13, 2001 Board of Supervisors County of Albemarle, Virginia County Office Building 401 Mclntire Road Charlottesville, Virginia 22901 Industrial Development Authority of Albemarle County, Virginia Proposed Plan of Financing for Virginia Lutheran Homes-Charlottesville, L.L.C., Shenandoah Valley Lutheran Housing, Inc., and Zion Place, Inc., all of which are affiliates of Virginia Lutheran Homes, Inc. Virginia Lutheran Homes-Charlottesville, L.L.C. ("VLHC"), Shenandoah Valley Lutheran Housing, Inc. ("Shenandoah"), and Zion Place, Inc. ("Zion Place"), all 501(c)(3) organizations organized or incorporated in Virginia which are affiliates of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (collectively, the "Borro~vers"), have requested that the Industrial Development Authority of Albemarle County, Virginia ("Authority") issue up to $35,000,000 of its revenue bonds ("Bonds") at one time or from time to time to assist the Borrowers in f'mancing or refinancing their plan of financing ("Plan of Financing") for the following (1) the acquisition, expansion, construction and equipping by VLHC of a residential care facility for the aged currently containing 75 residential units known as Branchlands Village located at 1300 Branchlands Drive, Charlottesville, Virginia 22901 in the County of Albemarle, Virginia, the expansion of which facility will include the acquisition of an approximately 1 acre parcel of land adjacent to the existing facility and the construction of an additional 86 residential units; (2) the refinancing of an outstanding balance of approximately $1,700,000 on a mortgage loan by the United States Department of Housing and Urban Development ("HUD") to Shenandoah, the proceeds of which Shenandoah used to finance its construction of a low-income residential care facility for the aged containing 39 residential units known as Luther Crest, located at 9138 Congress Street, New Market, Virginia 22844 in the County of Shenandoah, Virginia; (3) the refinancing of an outstanding balance of approximately $4,200,000 on a mortgage loan by HUD to Zion Place, the proceeds of which Zion Place used to finance its construction of a low-income residential care facility for the aged containing 123 residential units known as Luther Manor, located at 350 Malibu Drive, Virginia Beach, Virginia 23452 in the City of Virginia Beach, Virginia; (4) related and routine capital expenditures of the Borrowers; and (5) amounts required for reserves, working capital, capitalized interest and costs of issuance in connection with the foregoing. As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to issue its Bonds pursuant to the Plan of Financing as requested. The Authority has conducted a public heating on the proposed Plan of Financing and has recommended that you approve the issuance of the Bonds as required by Section 147(0 of the Internal Revenue Code of 1986, as mended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (!) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. Secretary, Industri~. evelop~ent Authority of Albemarle County,(~irginia ' CERTIFICATE The undersigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on November 13, 2001; at 4:00 o'clock p.m. in the Fourth Floor Conference Room of the County Office Building at 401 McIntire Drive, Charlottesville, Virginia 22901, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the pubhc. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application and plan of financing of Virginia Lutheran Homes-Charlottesville, L.L.C., Shenandoah Valley Lutheran Housing, Inc., and Zion Place, Inc., all of which are affiliates of Virginia Lutheran Homes, Inc., and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Albemarle, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary o f the statements made at the public heating is attached as Exhibit B. 4. Attached as Exhibit C is a tree, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. \\F1N~61580.1 The Resolution referred to in paragraph 4 constitutes all formal action taken by the Authority relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full fOrce and effect on the date hereof. WITNESS my hand and the seal of the Authority, this 13th day of November, 2001. _ [sEmi Secretary, Industrial D~,5 opmen{JAuthority.. of Albemarle County, ~rg~ma Exhibits: A - Copy of Certified Notice from Newspaper B - Summary of Statements C - Public Heating Resolution 11/12/01 1~:44 FAX $0497~7214 DALLY PROGRESS cs~ficate of pub ~1003 EXHIBIT A The Daily Progress P,O. BOX 9030 CHARLOTTESVILLE, VA 22906 TELEPHONE: (804)978-7210 CERTIFICATE OF PUBLICATION ! HEREBY CERTIFY THAT THE ATTACHED NOTICE WAS PUBLISHED IN THE DAILY PROGRESS, A NEWSPAPER IN CHARLOTTESVILLE, VIRGINIA, AND APPEARED IN THE ISSUE(S) DATED 0CTOBE~ .~; SE~TETIBER ' ~001. 2001. PUBLISHING FEF_: $ I ~ ¢ J¢ ~ OCTOBg~ GIVEN UNDER MY HAND THIS ~ DAY OF ~oo! JAN HUMM~..~, CREDIT MANAGER 'NOTICE OF PUBUO HEARING ON REVENU_= BOND P'!.~'q OF FIN..~CING ~.Y INDUSTRIAL DE'VELOPMEN? AUTHORITY' OF A!_BIE~IARLfE .OUNT~, VIRGINIA NO'~e ~ llereby c_iv,al ~'~al ~ Indu~dsJ Oevel0,p, menL. _N~. Urlh'. on [ha a"';p~ilori aT Vi~,1 Lut~ar/,m LL.C "VLHC% ,Snananaa=h Val[ay LUtheran Ho~ing, t'S~en~do~h-~ ~nd :Zion Pa¢~. nc, {'~=n PLaCe'% a or w~ch --:--- '~Ii,qO. lOS v-t V~rgin,a L¢~sr-=n .u:.T,c.% 'nc. ',::'.1~=,',-:',:'. r~dr~ lot ~e tollc',~ng {c;ollertlveJy, 'ProlaC¢): (i} I.ne tm, ~',,pa-,sion, canslru¢~,,n ~d $qu©l~ing b,/~tL'-:.C of a ~1 c~ro f,-'¢~/br t~=, a.qed ~u~n~ cOnl--.t~,n.q 75 r=,sid..n~iuI .~'r,~. Cb.?.r'orra,~;,fla.: .~:mn '%~_,1 irt ~ .CCL~tl~' cf v r~,m, ma exp. a~on cf ,,~mch ;~.~h~ ~11 mciuds tho ~-~ns'~:- I)on ui an additional ~8 rasrJ,,n~l un~: {2) [ha rel~na¢cing ~:t an oL~[anUing D.3L3ncS at approx~ataly 81.7~3.g00 on a mcrlgage Io~ by [ha Unito~ ~ta-~-s Deaarb~enf ~f ~ausing and Urban w. lcI:men£ (q-iUD'] a Sh~nancloal~, [he I=racaeds Cf which Shem anti,ah U$c-d to F~ ils ~r~m.~tJott o( a iOW-in.rna c~m bc~ lot me ~ can~ning 3~ re~n~j un:~ ~ar Cr~ Io~ea at 913a Co~r~ s~, New N~, w- gin~ EEg~ · ~ Coun~ ~ ~h~daa~, ~rginia; (2) ~a re~l- ~n~ a( ~ oummn~g ~m al ep~ly S4,ZO0~ ~n ~ mar~ge a~ ~ HUD I0 ~bn P~e. ~ prO~ of WnlC~ ~. on Phc. u~d to hn~nm ils ~n~U~lcn af · Iow-in~ r~ a~ l~ ~a ~Cmf~ for~ ~d ~n~mi~ 1~ ta~iden~al unim kna~ as ~u~er Mahar. I~ ~13~ ~u Ddt. V~rgin~ Beach, ~a 23~52 in ~ Ci~ ~f ~rrna 8aacn. ~inia: (~) mlmaU and ~imd lot f~, ~r~ ~pi[~I, ~plmlized iAtetas[ and T~e ~ca =f ~e bon~ ~ rs~ues~d ~ m S~ wm ~lcon~cum a ~ ~ p adge o ~e t~b ~d ~ed~c =[ m C~ mo~o( Vifg~ or ~a ~[Y el ~emarlc. ~ini~. and n~r ~E~ and ~mdil ~ ~a ~ ~var al ~a h~U at 4:~0 a':l~ pm on NodDer 13 ~u01, baram me ~u- 8ud~. ~1 M~n~a RoaU.'GbarI~e. Vi~ ~Ol, Any ~at~e d ~a proFoSO~ prqiac[ may a~esr g ~e ~ng ,a~fl ' ptesanc n~ ~ her ~s. lnto~aa=n mgardin0 t~e ~owa~ ap- ~aae ~ an B~ and is ~ ~r ~n ~ ~e A~h~ l~lr~I D~lopman[ OI A~omade Count. 11/12/01 15:44 FAX 8049787214 ~002 DAILY PROGRESS ceKificmte ofpub The Daily Progress P.O. BOX 903D CHARLOTTESVILLE, VA 22906 TELEPHONE: (804}978-7210 CERTIFICATE OF PUBLICATION To: , i HERSBY CERTIFY THAT THE A-I-i'ACHED NOTICE WAS PUBLISHED IN THE DALLY PROGRESS, A NEWSPAPER IN CHARLO'I-I'ESVILLE. VIRGIN{A, AND A~=ARED IN THE ISSUE(SI DATED N©VEMM~=R OCTOBER 200% 2001. PUBLISHING FF.E: $ t~' 2. .~,~ GIVEN UNDER MY HAND THIS _30 DAY OF _November JAN H~vlME. R, CREDIT MANAGER 2001 Page 1 NOTICE OF FUBUC HE.A~ING ON PROPOSED ' I Rb'VENUc ~,OND P~N OF RN~C[NG DY i INBU$~ D~ELOPMENT A~ORI~ OF ~MARLE COUN~. VI~GtNIA LLC. (W~. ~anan~ooh ValI~ ~[beB~ HOusing, Inc., ~cn. ~0n~cn. c~ffvmmn an~ oau[~ping by~C O[ a r~dan. ~ ~ra r~tl;;y Dr~ Char aEuS~a ~n~ ~dl ~ refinancing cl ~ ouLs~ding gamn:a OI agp~x~a[~y ~ocee~ o[ wh{~ Shanand~h u~ ~ lina~ il~ m~=an o VI~ (3) I~e r~ng of an O~n~ng ~jan~ u~ appro~ ma~e~ ~o~,o~ a~t and ~ not ~nstilu~ m~al~ ol Vi~,a or tha Ccun~ of ~¢~arl~, Vi~,,~, and nei~ar ~a [a[~ an~ ~g~ t ~r ~ ~g Oow~ a[ ~e ~ommon. pledg~ lo ~e p~[ 0f 5UC~ ba~. ' · ' I~lO ~{ 4:~0 a'd~ ~m. cnNo~ 13, 2001. ~emra ~.A~ · 0tity. (n ~a ~ Roor C~f~ Room o[ the C~n~ 0~ B~g, 401 M~re Road, na[~ of ~a o{ N~emane ~, Vi~a EXHIBIT B Summary of Statements Representatives of Virginia Lutheran Homes-Charlottesville, L.L.C., Shenandoah Valley Lutheran Housing, Inc., and Zion Place, Inc., all of which are affiliates of Virginia Lutheran Homes, Inc., and McGuireWoods LLP, bond counsel, appeared before the Authority to explain the proposed plan of financing. No one appeared in opposition to the proposed bond issue. \XFIN~61580.1 EXHIBIT C RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA AUTHORIZING THE ISSUANCE OF UP TO $35,000,000 REVENUE BONDS PURSUANT TO THE PLAN OF FINANCING FOR THE BENEFIT OF VIRGINIA LUTHERAN HOMES-CHARLOTTESVILLE, L.L.C., SHENANDOAH VALLEY LUTHERAN HOUSING, INC., AND ZION PLACE, INC., ALL OF WHICH ARE AFFILIATES OF VIRGINIA LUTHERAN HOMES, INC. The Industrial Development Authority of Albemarle County, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by (a) the Albemarle County Code to finance facilities for the residence and care of the aged, and (b) the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds for the purpose of assisting in the acquisition, construction, renovation, equipping and refinancing of facilities for the residence or care of the aged in order to provide modem and efficient services to them, in accordance with their special needs. The Authority has received a request from Virginia Lutheran Homes-Charlottesville, L.L.C. ("VLHC"), Shenandoah Valley Lutheran Housing, Inc. ("Shenandoah"), and Zion Place, Inc., ("Zion Place"), all 501(c)(3) organizations organized or incorporated in Virginia which are affiliates of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (collectively, the "Borrowers"), requesting that the Authority issue its revenue bonds at one time or from time to time to assist the Borrowers in financing or refinancing their plan of financing ("Plan of Financing") for the following (collectively, "Project"): (1) the acquisition, expansion, construction and equipping by VLHC of a residential care facility for the aged currently containing 75 residential units known as Branchlands Village located at 1300 Branchlands Drive, Charlottesville, Virginia 22901 in the County of Albemarle, Virginia, the expansion of which facility will include the acquisition of an approximately 1 acre parcel of land adjacent to the existing facility and the construction of an additional 86 residential units; (2) the refinancing of an outstanding balance of approximately $1,700,000 on a mortgage loan by the United States Department of Housing and Urban Development ("HUD") to Shenandoah, the prOceeds of which Shenandoah used to finance its construction of a low-income residential care facility for the aged containing 39 residential units known as Luther Crest, located at 9138 Congress Street, New Market, Virginia 22844 in the County of Shenandoah, Virginia; (3) the refinancing of an outstanding balance of approximately $4,200,000 on a mortgage loan by HUD to Zion Place, the proceeds of which Zion Place used to finance its construction of a low-income residential care facility for the aged containing 123 residential units known as Luther Manor, located at 350 Malibu Drive, Virginia Beach, Virginia 23452 in the City of Virginia Beach, Virginia; (4) related and routine capital expenditures of the Borrowers; and (5) amounts required for reserves, working capital, capitalized interest and costs of issuance in connectionwith the foregoing. Such assistance will benefit the inhabitants of the County of Albemarle, Virginia and the Commonwealth of Virginia either through the increase in their commerce or through the promotion of their safety, health~ welfare, convenience or prosperity. Preliminary plans for the Project and the Plan of Financing have been described to the Authority, and a public hearing has been held as required by Section 147(0 of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Act. The Borrower has represented that the Project and the Plan of Financing will require an issue of revenue bonds in an aggregate principal mount not to exceed $35,000,000. No member of the Board of Directors of the Authority is an officer or employee of the County of Albemarle, Virginia; each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended; and at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act. No member of the Board of Directors of the Authority has any personal interest or business interest in the Borrower, the bonds, or any of the transactions contemplated therein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 40.1, Title 2.1 of the Code of Virginia of 1950, as amended in connection with this resolution or any other official action of the Authority in connection therewith. NOW, THEREFORE, IT IS RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA: 1. It is hereby found and determined that (a) the acquisition, construction, renovation, equipping and refinancing of the Project and assisting the Borrowers with their Plan of Financing will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the County of Albemarle, Virginia and their citizens, and (b) the activities to be conducted at the facilities are for the residence and care of the aged as contemplated by the Albemarle County Code. 2. The Authority hereby agrees to assist the Borrowers in the Project and with their Plan of Financing by undertaking the issuance of its revenue bonds in an amount not to exceed $35,000,000 upon terms and conditions mutually agreeable to the Authority and the Borrowers. The bonds will be issued pursuant to documents satisfactory to the Authority. The bonds may be issued in one or more series at one time or from time to time. 3. It having been represented to the Authority that it is necessary to proceed immediately with the Project and the Plan of Financing, the Authority agrees that the Borrowers may proceed with their Plan of Financing, enter into contracts for land, construction, materials and equipment pursuant to the Project and the Plan of Financing, and take such other steps as it may deem appropriate in connection with the Project and the Plan of Financing; provided, however, that nothing in this resolution shall be deemed to authorize the Borrowers to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project and the Plan of Financing. The Authority agrees that the Borrowers may be reimbursed from the proceeds of the bonds for all expenditures and costs so incurred by it, provided such expenditures and costs are properly reimbursable under the Act and applicable federal laws. 4. At the request of the Borrowers, the Authority approves McGuireWoods LLP as Bond Counsel in connection with the issuance of the bonds. 5. All Costs and expenses in connection with the Project and the Plan of Financing, including the fees and expenses of Bond Counsel and Authority counsel, shall be paid by the Borrowers or, to the extent permitted by applicable law, fi:om the proceeds of the bonds. If for any reason such bonds are not issued, it is understood that all such expenses shall be paid by the Borrowers and that the Authority shall have no responsibility therefor. 6. In adopting this resolution the Authority intends to take "official action" toward the issuance of the bonds and to evidence its "official intent" to reimburse fi:om the proceeds of the bonds any expenditures paid by the Borrowers to finance the planning, construction and renovation of the Project before the issuance of the bonds, all within the meaning of regulations issued by the Internal Revenue Service pursuant to Sections 103 and 141 through 150 and related sections of the Code. 7. The Authority recommends that the Board of Supervisors of the County of Albemarle, Virginia, approve the issuance of the bonds and the Borrowers' Plan of Financing. No bonds may be issued pursuant to this resolution until such time as the issuance of the bonds and the Borrowers' Plan of Financing have been approved by such Board of Supervisors. 8. This resolution shall take effect immediately upon its adoption. CERTIFICATE The underSigned Secretary of the Industrial Development Authority of Albemarle County, Virginia ("Authority") certifies that the foregoing is a tree, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on November 13, 2001, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. WITNESS the-following signature and seal of the Authority, this 13th day of November, 2001. Albemarle County,~Virginia FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: November 13, 2001 To the Board of Supervisors of the County of AIbemarle, Virginia Applicant: Virginia Lutheran Homes-Charlottesville, L.L.C. ("VLHC"), Shenandoah Valley Lutheran Housing, Inc. ("Shenandoah") and Zion Place, Inc. ("Zion Place"), all affiliates of Virginia Lutheran Homes, Inc. Facility: Financing/refinancing residential care facilities for the aged, capital improvements and additions 1. Maximum amount of financing sought. $35,000,000 VLHC Shenandoah 2. Estimated taxable value of the facility's real $8,500,000 N/A property to be constructed in the locality.* 3. Estimated real property tax per year using present $50,000 N/A tax rates. 4. Estimated personal property tax per year using $5,000 N/A present tax rates. 5. Estimated merchants' capital tax per year using N/A N/A present tax rates. 6. (a) Estimated dollar value per year of goods $110,000 $40,000 that will be purchased from Virginia companies within the locality.* (b) Estimated dollar value per year of goods $1,000 $500 that will be purchased from no,n-Virginia companies within the locality. (c) Estimated dollar value per year of services $209,000 $54,000 that will be purchased from Virginia companies within the locality. ' (d) Estimated dollar value per year of services $41,000 $1,000 that w/II be purchased from non-Virginia companies within the locality. * 7. Estimated number of regular employees on year 18 3 round basis. Zion Place N/A N/A N/A N/A $90,000 $1,000 $184,000 $1,000 15 * With respect to each facility, "in/within the locality" refers to the locality in which the facility is located. Average annual salary per employee. $17,400 $13,600 $18,500 Cha~~bemarle County, Virginia COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 October 31, 2001 Charlie Beverage, Jr 2085 Stuarts Draft Highway Stuarts Draft, VA 24477 RE: SP-2001-001 Beverage Tractor & Beverage, inc Tax Map 791 Parcel 4P Dear Mr. Beverage: The Albemarle County Planning Commission, at its meeting on October 23, 2001, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 5 6. 7. 8. Items for display shall not be taller than 9 feet. Displayed items shall not be elevated. Revise the Final Site Plan by numbering the display areas as identified in the preliminary ARB comments (see attachment). Revise the landscape plan as follows. Add double staggered rows of evergreen trees 8- 10 feet tall at the time of planting spaced 6 feet on center. This screening shall be located at the southeast corner of area 1 and at the southeast corner of area 4. At the southwestern edge of area 3 add a double staggered row of evergreen shrubs 24 inches tall at the time of planting spaced 5 feet on center. The landscape plan shall include a planting schedule that shows the number and species of the proposed plants and the size of the plants at installation. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Include a note on the plan "that existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site. Include a note on the plan indicating that the "shrubs surrounding area 1 shall not be pruned below a height of 5 feet". The storage of crates, containers, and other items, and/or the display Of equipment over 5 feet in height, shall be limited as follows (see attachment): 1. Southern Terrace (area 5): storage/display shall not occur within 100 feet of the western property line and 150 feet of the eastern property line. 2. Northern Terrace (area 6): storage/display shall not occur within 60 feet of the western property line and 170 feet of the eastern property line. 3. Northeastern Corner (area 7): storage/display shall not occur beyond 80 feet of the eastern property line. 4 Storage of items may not occur ~n areas #1. 2, and 3 as identified on the plan attached to the staff report. 10-31-01 P05:34 IN Page 2 October 31, 2001 10. 11. 5. Revise the site plan to show that display and storage in area 4 will not be permitted any further west than the line formed by the rear of the building. Use railroad ties, timbers or posts to help delineate the permitted display and storage areas. No land disturbance will occur All existing critical slopes must be stabilized. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 14, 200'!. Any new or additional information regarding your application must be submittecJ 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, Dan Mahon Planner DM/jcf Cc: Ella Carey Amelia McCulley Jack Kelsey Steve Allshouse Bob Ball STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Dan Mahon October 23, 2001 November 14, 2001 SP-2001-001 BEVERAGE TRACTOR DISPLAY Applicant's Proposal: The Applicant proposes to expand the outdoor storage and display of small farm equipment at this site. The proposed display consists of eight areas comprising approximately 16,414 square feet. This is in addition to the previously approved 6,000 square foot area fronting on Route 250. The equipment would include front-end loaders, tractors with associated attachments, ATVs, and lawnmowers. The typical display items will range in size from 3 to 9 feet and in colors of red, green, white, yellow and blue. Petition: Request for a special use permit to allow outdoor display of merchandise in accordance with Section 30.6.3.2 of the Zoning Ordinance which allows for outdoor display in the Entrance Corridor. The property is a 2.56 acre site located on the eastern comer of Route 250 East and Hunters Way. It is described as Tax Map 79, Parcel 4P, in the Rivanna Magisterial District. The property is zoned Highway Commercial (HC) Entrance Corridor (EC) and is designated Rural Area in the Comprehensive Plan. Character of the Area: The site is situated on the north side of Route 250 East at the east comer of Hunter's Way. A number of businesses have been established along Hunter's Way and some businesses exist along the north side of 250. The appearance of the businesses ranges from commercial office and warehouse to "country residential" retail. The immediate area, south of Route 250, remains undeveloped. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning Ordinance SeCtions 31.2.4.1 and 30.6.3.2.b. Based on the Architectural Review Board's recommendation on this proposal, SP 01-01 is recommended for approval with conditions. Planning and Zoning History: November 24, 1987: SDP-87-66:. Haffner Equipment Company Preliminary Site Plan. Proposal to build a 7200 sf 1-story building to be used for the sale and repair of farm machinery and equipment, with a 6000 sf outdoor display area for tractors and other small engine machinery for sale. Unanimously approved subject to conditions, including "provision of screening shrubs at the front of the outdoor display area in accordance with Sections 32.7.9.8 a- c ." February 4, 1988: SDP-88-13: Haffner Equipment Company Final Site Plan: Administratively Approved. January 4, 2000: ARB P(SDP)-99-39: Beverage Tractor and Equipment Company Outdoor Display: The Architectural Review Board recommended approval of the Special Use Permit to the Planning Commission subject to conditions. January 7, 2000: Department of Zoning Violation Letter V-2000-001: Addresses incomplete landscape installation. This violation has been abated. March 15, 2000: SP-99-68: Beverage Tractor & Equipment: The Albemarle County Board of Supervisors, at its meeting on, unanimously approved a request to display farm equipment in a 6000 square foot space located at the front of the property. The approval was subject to conditions that were included in ARB P(SDP)-99-39. 1. Items for display shall not be elevated. 2. Items for display shall be displayed only in the area indicated for display shown on the plan. 3. The following landscaping shall be added: · 15 Glossy Abelia, 24" in height minimum at planting, approximately 8' on center, in a staggered row, to complete the area of screening shrubs shown on the previously approved site plan · Additional Glossy Abelia, 24" in height minimum at planting, approximately 8' on center, in a staggered row, along the east and west sides of the proposed display area · Intersperse ornamental trees in the row of Scarlet Oak along Route 250 · Add 3 medium trees at the south end of the east side of the site, 40' on center, measured from the easternmost Scarlet Oak March 9, 2000: ARB F(SIGN) 00-02: Beverage Tractor Sign: The ARB granted a Certificate of Appropriateness for a plan to install two signs on the existing building. Those sign have been installed. March 15, 2000: SP 99-68: Beverage Tractor and Equipment Co.: The Board of Supervisors approved a request to display farm equipment in a 6000 square foot space located at the front of the property. February 23, 2001: Department of Zoning Violation Letter V-2001-052: Addresses expansion of display area. July 23, 2001: ARB P(SDP) 2001-26: Beverage Tractor dnd Equipment Co.: The Architectural Review Board offered the following comments for the benefit of the applicant's final submission. Please note that the following comments are those that have been identified at this time. Additional comments may be added or eliminated based on further review and changes to the plan. 1. Items for display shall not be taller than 9 feet. 2? Displayed items shall not be elevated. 32 Revise the site plan by numbering the display areas as identified in the staff report. 4. Revise the landscape plan as follows. Add double staggered rows of evergreen trees 8-10 feet tall at the time of planting spaced 6 feet on center. This screening shall be located atthe southeast comer of area 1 and at the southeast comer of area 4. At the southwestern edge of area 3 add a double staggered row of evergreen shrubs 24 inches tall at the time of planting spaced 5 feet on center. The landscape plan shall include a planting schedule that shows the number and species of the proposed plants and the size of the plants at installation. 5. No additional lighting shall be introduced to the site for the purpose of illuminating this display. 6. Include anote on the plan "that existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site. 7. Include a note on the plan indicating that the "shrubs surrounding area 1 shall not be pruned below a height of 5 feet". 8. Re-terrace the site to combine areas 5, 6 and 7 into one terrace to allow the storage area to be more orderly, to allow for more direct screening of stored/displayed items, and to use topography to limit the view of the stored items. If the regrading is accomplished, add vegetative screening in this area. Ifregrading is not possible, the following condition stands: The storage of crates, containers, and other items, and/or the display of equipment over 5 feet in height, shall be limited as follows: ~ . 1. Southern Terrace (area 5): storage/display shall not occur within 100 feet of the western property line and 150 feet of the eastern property line. 2. Northern Terrace (area 6): storage/display shall n6t occur within 60 feet of the western property line and 170 feet of the eastern property line. 3. Northeastern Comer (area 7): storage/display shall not occur beyond 80 feet of the eastern property line. 4. Storage of items may not occur in areas #1, 2, 3, and 4, as identified on the plan attached to the staff report. Comprehensive Plan: This site is recommended as Rural Area in the Comprehensive Plan. The current zoning predates the recent Land Use Plans. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, It is anticipated that the outdoor display of farm equipment in the location proposed by the applicant will not be of substantial detriment to adjacent property. that the character of the district will not be changed thereby, It is not anticipated that the proposed use will change the character of the district, due to the commercial activity on nearby properties. The potential impact of the use on the character of the Entrance Corridor has been addressed by the ARB. The ARB has expressed no objection to the use, with conditions, based on the Entrance Corridor guidelines. The conditions of ARB approval are incorporated into the recommended conditions of approval for this special use permit. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed this request for compliance with the purpose and intent of the Zoning Ordinance and the EC Overlay District. With the incorporation of the recommendations of the ARB, this use would be in harmony with the purpose and intent of the ordinance by minimizing visibility from the Entrance Corridor. with the uses permitted by right in the district, It is not anticipated that the proposed display will restrict permitted uses on adjacent property. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 specifically addressing outdoor display. and with the public health, safety and general welfare. It is not anticipated that the proposed use will impact the public health, safety, or welfare. On-site vehicle circulation will remain unchanged. SUMMARY: This use is by Special Use Permit due to the use of outdoor storage and display in the Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which is included as Attachment F, expressed no objection to the proposed use, subject to conditions. All of the ARB conditions have been carded over as recommendations for conditions of this Special Use Permit. However, condition//8 has been revised by omitting the followirig: Re-terrace the site to combine areas 5, 6 and 7 (Attachment G) into one terrace to allow the storage area to be more orderly, to allow for more direct screening of stored/displayed items, and to use topography to limit the view of the stored items. If the regrading is accomplished, add vegetative screening in this area. This revision was in response to the Department of Engineering's determination that no further disturbance of the terraced areas should occur and the existing slopes should be stabilized (Attachment G). Staff opinion is that the expanded use will have minimal impact on the district, if the ARB's conditions are satisfied. Consequently, staff finds that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning Ordinance and the Comprehensive Plan. Therefore, staff recommends approval of SP-2001-016 subject to conditions. RECOMMENDED ACTION: Staff recommends approval of SP-2001-016 subject to the following conditions. 6. 7. 8. Items for display shall not be miler than 9 feet. Displayed items shall not be elevated. Revise the Final Site Plan by numbering the display areas as identified in the preliminary ARB comments. Revise the landscape plan as follows. Add double staggered rows of evergreen trees 8-10 feet tall at the time of planting spaced 6 feet on center. This screening shall be located at the southeast comer of area 1 and at the southeast comer of area 4. At the southwestern edge of area 3 add a double staggered row of evergreen shrubs 24 inches tall at the time of planting spaced 5 feet on center. The landscape plan shall include a planting schedule that shows the number and species of the. proposed plants and the size of the plants at installation. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Include a note on the plan "that existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site. Include a note on the plan indicating that the "shrubs surrounding area 1 shall not be pruned below a height of 5 feet". The storage of crates, containers, and other items, and/or the display of equipment over 5 feet in height, shall be limited as follows: 1. Southern Terrace (area 5): storage/display shall not occur within 100 feet of the western property line and 150 feet of the eastern property line. Northern Terrace (area 6); storage/display shall not occur within 60 feet of the western property line and 170 feet of the eastern property line. Northeastern Corner (area 7): storage/display shall not occur beyond 80 feet of the eastern property line. Storage of items may not occur in areas #1, 2, 3, and 4, as identified on the plan attached to the staff report. ATTACHMENTS: A - Location Map B - Tax Map C- Violation Letter D- Architectural Review Board Staff Report E - Architectural Review Board Action Letter F - Engineering comments G- Site Plan H- Photos of Display ATTACHMENT A I 6 BUCK MTN. I TO RUCKERSViLLE :1 ;harlot~esville Albemarle Alrpo~ :HAR,L. SP-2001-001 Bevera..e Tractor & Bevera~ #36 &; 1168 '~167' I" 5O ATTACHMENT B / X,.-/ $~-2001-00~ BoYera,qe Tractor & BeYera~o, In¢ {$ktn #35 & 37) / / 43F LLE AND DISTIRIGT$ ;our SHADWEL- ~o 93 RIVANNA AND SGOTTSVILLE DISTRIGTS 7 ATTACHMENT C ATTACHMENT D ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: BEVERAGE TRACTOR & EQUIP CO OUTDOOR DISPLAY APPLICATION TYPE: PRELIMINARY SDP AND ADVISORY REVIEW FOR A SPECIAL USE. PERMIT ProjeCt# i ARB-P(SDP)-01 ~26' : . Location : NE comer of the intersection of Route 250 East with Hunter's Way ' parcel Identification : Tax Map 79, Parcel 4P Zoned · Highway Commercial (HC) and Entrance Corridor (EC) Magisterial District Scottsville Proposal Preliminary review of a plan to display small farm equipment at an existing site on Route 250 East ng y ARB Meeti Date jUl 16, 2001 C an Mah Staff ontact' PROJECT HISTORY November 24, 1987: SDP-87-66: Haffner Equipment Company Preliminary Site Plan. PropOsal to build a 7200 sf 1-story building to be used for the sale and repair of farm machinery and equipment, with a 6000 sf outdoor display area for tractors and other small engine machinery for sale. Unanimously approved subject to conditions, -including "provision of screening shrubs at the front of the outdoor display area: in accordance with SectionS32.7.9.8 a-~." February 4, 1988:SDP-88-13: Haffner Equipment Company Final Site Plan: AdministratiVely ApproVedl January 4, 2000: ARB P(SDP),99-39: Beverage TraCtor and Equipment Company Outdoor Display: The Board recommended approval of the speCial use permit to the Planning Commission subject to the followi'ng Conditions~. 1. ~ Items for display shall not be elevated. 2. Items for disbla'y shall~be displayed only in the area indicated for display shown on 3. The following landscaping shall be added: · 15 G10s~y Abelia, 24" in height ~ the area of screeningshrub.' · at planting, row, along the · site, 40'. on center easternmost Scarlet Oak tO staggered ARB 7/16/01 Beverage Tractor & Equipment Co Outdoor Display Preli~ary , Page 1 9 January 7, 2000: Department of Zoning Violation Letter V-2000-001: Addresses incomplete landscape installation. This violation has been abated. March 9, 2000: ARB F(SIGN) 00-02: Beverage Tractor Sign: The ARB granted a Certificate of Appropriateness for a plan to install two signs on the exisnng building. Those sign have been installed. March 15, 2000: SP 99-68: Beverage Tractor and Equipment Co.: The Board of Supervisors approved a request to display farm equipment in a 6000 square foot space located'at the front of the property. PROJECT DETAILS The Applicant proposes to expand the outdoor storage and display of small farm equipment at this site. The proposed display consists of eight areas comprising approximately 16,414 square feet. This is in addition to the previously approved 6,000 square foot area fronting on Route 250. The equipment would include front-end' loaders, tractors with associated attachments, ATVs, and lawnmowers. The typical display items will range in size from 3 to 9 feet' and in colors of red, green, white, yellow and blue. ANALYSIS Site Development and Layout: The site has akeady been developed, Access is from Hunter's Way. Parking is located at both the front (11 spaces) and along the northeastern side (7 spaces)of the site behind the building. The proposed storage and display areas are between the front parking lot and the EC (an expansion of the previously approved area); along both sides of the site; and on terraces at the rear of the site. (See attachment.) (Area 1) In the front of the site 60 feet from the EC, approximately 2,104 additional square feet of display area is proposed to be added to the currently approved 6,000 square foot area used for display. Trees and shrubs required by past ARB actions have been installed around this area. These plants have not matured but will eventually provide good screening for equipment with low profiles. Taller and brightly colored equipment will be more readily visible. (Area 2) Directly in front of the building is a 1,615 square foot area proposed for display where the current use is parking. (The Zoning Department will determine if this loss of parking spaces will affect the minimum parking requirements for the site.) Portions of this area are clearly visible from the EC and taller equipment (over 4') would be noticed in the areas that are less exposed. (Area 3) On the western side of the s~te, just north of the entrance to the site, a 700 square foot display is proposed. This area is partially screened by a fence, topography and vegetation, but taller (over 4') and brightly colored equipment will be visible from the EC. (Area 4) Along the eastern side of the site a 4,780 square foot display area is proposed. It is situated approximately 150 feet from the EC and extends 215 feet towards the north (rear) of the site. This area is currently partially screened by vegetation that is effective during the spring and summer months. This vegetation is primarily composed of wild trees, shrubs and vines, supplemented by a few junipers, in the unmaintained utility and drainage easements that run along the east side of the site. Displayed equipment taller than 4-5 feet would be very visible along this area after leaf fall. Beyond this area to the north is an area ARB 7/16/01 Beverage Tractor & Equipment Co Outdoor Display Preliminary - Page 2 designated with seven spaces for employee parking. (Areas 5 and 6) On two elevated terraces in the northwestem portion of the site 4,070 square feet are designated for display and storage. Items stored at the ends of these areas are visible from the EC. (The building blocks the view of the center portions of these display areas.) The Department of Engineering is currently reviewing this area for issues related to critical slopes and erosion control. (Area 7) In the far northeastern comer of the site a 3145 square foot area is designated for storage. This area is not very visible from the EC due to distance, topography, and existing vegetation. However, large, brightly colored items located in the western end of this area will be noticeable. Utilities: Unidentified 15 foot utility easement and a 20-foot drainage easement mn along the eastern boundary of the site. Overhead utilities and a 10' drainage easement are identified along the Route 250 EC. Context: The site is situated on the north side of Route 250 East at the east comer of Hunter's Way. A number of businesses have been established along Hunter's Way and some businesses exist along the north side of 250. ' The appearance of the businesses ranges from commercial office and warehouse to "country residential" retail. The immediate area, south of Route 250 remains undeveloped. Visibility: The site slopes up from the EC and is surrounded by chain link fence. The slope of the ground and the existing landscaping help minimize the visibility of the area at the front of the site so that only larger pieces of equipment are readily visible. The southeastern comer of the site is open to views into the area proposed for display. The rear portion of the s~te proposed for storage and display is elevated and will be somewhat visible from the EC. This site is less visible during the spring and summer months due to existing deciduous vegetation. Landscaping: Previously approved landscape plans show and subsequent onsite inspections confirm that landscaping around the display area and along the south and west sides of the site includes the following: · 5 medium shade trees (Bradford Pear), I-1 ;4" caliper. 40' on center, along Route 250 · 6 large shade trees (Willow Oak), 1%.-13/4" caliper. 40' on center, along Hunter's Way · 24 screening shrubs (Glossy Abelia), 18-30" high. approximately 8' on center in a staggered row in front of the display area, north of the medium shade trees · 2 medium shade trees (Sermceberry) at 1-I !./4" caliper: and 1 large shade trees (Willow Oak) in parking islands :in the front parking lot · 2 screening shrubs (Russian Olive), 18-30" high, in a parking island at the back of the building · 5 Scarlet Oaktrees along Route 250 · 3 groups of screening shrubs between the display area and the Scarlet Oak trees Groups of holly along the entrance drive · Oak trees along Hunter's Way · 3 Bradford Pear trees and assorted low shrubs in front of the east end of the building. In a few more seasons this landscape material will provide the mass needed to screen the display area at the front of the site. Carefully locating additional medium evergreen trees or large evergreen shrubs in the foreground of this site would mitigate most of the v~ews of the other display areas that are not appropriate for the EC. ARB 7/16/01 Beverage Tractor & Equipment Co Outdoor Display Preliminary - Page 3 Lighting: No new lighting is proposed. Signs: No new signage is proposed. Summary: This proposal represents a large expansion of the current display area. Visibility from the EC is limited due to elevation, distance and vegetation. Additional landscaping will help mitigate potential negative impacts of this expanded activity. RECOMMENDATIONS: Staff recommends that the ARB express no objection to the Special Use Permit subject to the following conditions: 1) Items for display shall not be taller than 9 feet. 2) Displayed items shall not be elevated. 3) The display of equipment over 5 feet in height shall be limited as follows: (See attachment) 1. Southem Terrace (area 5): display shall not occur within 100 feet of the western property line and 150 feet of the eastern property line. 2. Northern Terrace (area 6): display shall not occur within 60 feet of the western property line' and 170 feet of the eastern property hne. 3. Northeastern Comer (area 7): display shall not occur beyond 80 feet of the eastern property line. 4) Revise the site plan by numbering the display areas as identified in this report. 5) Revise the landscape plan as follows. Add double staggered rows of Junipems virginiana (Red Cedar) 8-10 feet tall at the time of planting spaced 6 feet on centers. This screening would be located at the southeast comer of area 1 and at the southeast comer of area 4. At the southwestern edge of area 3 add a double staggered roW of Ilex comuta (burford holly) 24 inches tall at the time of planting spaces 5 feet on center. The landscape plan will include a planting schedule that shows the number and species of the proposed plants and the size of the plants at installation. 6) No additional hghting shall be introduced to the site for the purpose of illuminating this display. 7) Include a note on the plan "ihat existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site. 8) Include a note on the plan indicating that the "shrubs surrounding area 1 shall not be pruned below a height of 5 feet". ARB 7/16/01 Beverage Tractor & Equipment Co Outdoor Display Preliminary ~3 ATTACHMENT E August 2, 2001 Charlie Beverage Beverage Tractor & Equipment, Inc 2085 Smarts Draft Highway Smarts Draft, VA 24477 RE: ARB-P(SDP)-2001-26 Beverage Tractor & Equipment, Inc Outdoor Display Dear Mr. Beverage: The Albemarle County Architectural Review Board, at its meeting on July 23, 2001, completed a preliminary review of the above-noted request to display small farm equipment at an existing site on Rt. 250E. The Board offered the following comments for the benefit of the applicant's fmal submission. Please note that the following comments are those that have been identified at this time. Additional comments may be added or eliminated based on further review and changes to the plan. 1. Items for display shall not be taller than 9 feet. 2. Displayed items shall not be elevated. 3. Revise the site plan by numbering the display areas as identified in the staff report. 4. Revise the landscape plan as follows. Add double staggered rows of evergreen trees 8-10 feet tall at the time of planting spaced 6 feet on center. This screening shall be located at the southeast comer of area I and at the southeast comer of area 4. At the southwestern edge of area 3 add a double staggered row of evergreen shrubs 24 ~nches tall at the time of planting spaced 5 feet on center. The landscape plan shall include a planting schedule that shows the number and species of the proposed plants and the size of the plants at installation. 5. No additional lighting shall be introduced to the site for the purpose of illuminating this display. 6.. Include a note on the plan "that existing vegetation will remain" and accurately identify the extent of vegetative cover that exists on the east side of the site. 7. Include a note on the plan indicating that the "shrubs surrounding area I shall not be pruned below a height of 5 feet". 8. Re-terrace the site to combine areas 5, 6 and 7 into one terrace to allow the storage area to be more orderly, to allow for more direct screening of stored/displayed items, and to use topography to limit the view of the stored items. If the regrading is accomplished, add vegetative screening in this area. If regrading is not.possible, the following condition stands: The storage of crates, containers, and other items, and/or the display of equipment over 5 feet in height, shall be limited as follows: 1. Southern Terrace (area 5): storage/display shall not occur within 100 feet of the western property line and 150 feet of the eastern property line. 2. Northern Terrace (area 6): storage/display shall not occur within 60 feet of the western property line and 170 feet of the eastern property line. 3. Northeastern Comer (area 7): storage/display shall not occur beyond 80 feet of the eastern property line. 9. Storage of items may not occur in areas # 1, 2, 3, and 4, as identified on the plan attached to the staff report. Your application for f'mal ARB review may be made at your earliest convenience. Revised drawings addressing the comments listed above will be required. A submission and review schedule, an application, and a checklist are attached for your convenience. If you have any questions concerning any of the above, please feel free to call me. Sincerely, Dan Mahon Planner DM/jcf Cc: File ATTACHMENT F ~. i- COUNTY OF ALBEMARLE Department of Engine.ermg & Public Works MEMORANDUM TO: FROM: DATE: RE: Dan Mahon, Planner (to be in SPIN) Steve Snell, Engineer 15 August 2001 Beverage Tractor, SDP-01-069, SP-01-01 The special use permit and minor amendment for Beverage Tractor, received on 15 August 2001 has been reviewed. The Engineering Department recommends approval with the following conditions: 1. No land disturbance will occur. 2. All existing critical slopes must be stabilized. Please contact me if you have questions. 15 ATTACHMENT G ~' 'x' '"-"~ ' ~ '?'X ,~ ~ x ~;. . ar]~ ,s owne~ oX ~,mr,es ~r ~ ~tage = than 25%. ~ch ~e stabilized SITE PLAN Beverage Tractor & Equipment $COI'fSVLLLE DIST. ALBEMAI~LE CO. VA COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804/972 - 4012 October 31. 2001 Michael Passerell 4307 Plank Road North Garden VA 22959 RE: SP-2001-034 Augusta Lumber Shed Construction; Tax Map 99, Parcel 49A Dear Mr. Passerell: The Albemarle County Planning Commission at its meeting on October 23, 2001, 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. Conditions of approval for SP 82-09. as amended by SP 90-61 and SP 91-47, shall apply, The subject storage shed shall be located on the property in general conformance with the sketch plan entitled "Augusta Lumber SP 01-34." subject to standards within Section 5.1.15 of the Albemarle Zoning Ordinance. The subject storage shed shall be restricted to the following purposes: a) storage of lumber b) sorting of lumber 4. No noise generating production equipment shall be used within the subject building. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 14, 2001. 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, JPOri n ci pM~ D[ o?' I I~/D~CJ"~ OMD/jcf Cc: Ella Carey Steve AIIshouse 11-0t-01 P04:40 tN Amelia McCulley Bob Ball Jack Kelsey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan D. McDowell October 23, 2001 November 14, 2001 SP 01-34 _Augusta Lumber Applicant's Proposal: The applicant has requested a special use permit to construct a 100' by 50' shed to store and sort lumber on a 20.63 acre property. Augusta Lumber is located at 4307 Plank Road in the North Garden area of the County. Petitions: Request for special use permit to allow construction of a lumber shed by amendment of an earlier permit (SP 82-09) in accordance with Section 10.2.2.14 of the Zoning Ordinance which allows for sawmills, planing mills, and wood yards. The property, described as Tax Map 99 Parcel 49A, contains 20.639 acres, and is located in the Samuel Miller Magisterial District on Route # 712 approximately 0:25 miles from its intersection with the Norfolk Southern Railway. The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as Rural Area. Character of the Area: The rural area is characterized by farms and residences. The land is a mixture of fields, pastures and forests. Planning and Zoning History: Prior to 1982, the property was developed with a lumber storage yard, a mill building and an office. SP 82-09: special use permit for a permanent sawmill; drying kiln and boiler plant. The action letter with conditions of approval is attached as reference (Attachment B). SP 90-61: amendment to SP 82-09 to regulate noise-generating uses during certain hours (Attachment C). SP 91-47: amendment to SP 82-09 conditions of approval regarding addition to building 'and clearing land to achieve sight distance (Attachment D). SP 01- 34 October 15,200 ! Page 1 AP-92-07: appeal of the Zoning Administrator's determination of violation in accordance with Section 34.3 of the Zoning Ordinance. The business was inviolafionof the special use permit conditions regarding the hours of operation of processing equipment. The violation was abated. Comprehensive Plan: The Comprehensive Plan land use designation for this property is Rural Area. The lumber company implements the Comprehensive Plan goal to support forestal uses in the Rural Area. The building to store lumber would be consistent with the Comprehensive Plan. RECOMMENDATION: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of the special use permit, based on the consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issUed upon a finding by the Board of Supervisors that such use will not b e of substantial detriment to adjacent property_. The subject building and uses within would be regulated under Section 5.1.15 (Sawmills) and Section 4.14 (Noise) of the Zoning Ordinance, as well as conditions of approval of SP 82-09. The building and storage and sorting of lumber would not be a detriment to adjacent properties, as it would be required to be set back a minimum.of 100' from the property line and no noise generating production would be permitted in the building~ per condition of approval offered with this application. that the character of the district will not be changed thereby, The additional building would be consistent with other buildings found on the property and within the area. Therefore, the character of the district would not be changed. SP 01- 34 October 15, 2001 Page 2 and that such use will be in harmony with the purpose and intent of this ordinance, The proposed lumber storage building would be consistent with the. standards within Section 5.1.15, Section 4.14 and Section 10.2.2.14 of the Zoning Ordinance, regulating sawmills and noise. with the uses permitted by right in the district, The proposed lumber storage building would not create unmitigated adverse impacts on the district. with additional regulations provided in Section 5.0 of this ordinance, The proposed lumber storage building would comply with Section 5.1.15 Supplementary Regulations of the Ordinance. and with the public health, safety_ and general welfare. The proposed lumber storage building would not cause adverse impacts or harm to the public health, safety and general welfare. No production uses, with associated noises~ are proposed for use within the building. SUMMARY: Staff has identified the following factors favorable to these applications: 1. The lumber storage building would be consistent with the Comprehensive Plan goal to support forestal uses within the Rural Area. 2. No production use would be contained within the building; therefore, noise generating uses would not result from this application. Staff has identified the following factor unfavorable to these applications: Conditions of approval would be required to mitigate or prohibit potential negative impacts resulting from an industrial use within the Rural Area. SP 01- 34 October 15, 2001 Page 3 RECOMMENDED ACTION: Based on the findings contained in this 'staff report, staff recommends approval of SP 01-34, subject to the following conditions of approval: 1. Conditions of approval for SP 82-09, as amended by SP 90-61 and SP 91-47, shall apply. The subject storage shed shall be located on the property in general conformance with the sketch plan entitled "Augusta Lumber SP 01-34," subject to standards within Section 5.1.15 of the Albemarle Zoning Ordinance. ge The subject storage shed shall be restricted to the following purposes: a) storage oflumber b) sorting of lumber 4. No noise generating production equipment shall be used within the subject building. Attachments: Attachment A: SP 01-34 Application and Sketch Plan Attachment B' Board action letter for SP 82-09 Attachment.C: Board action letter for SP 90-61 Attachment D: Board action letter for SP 91-47 SP 01- 34 October 15, 2001 Page 4 Is this ah amendment to Are Yoil submitting a site development Contact Person (Whom should we call/write concerning this project?): [A~,d~s¥C~.i[.~/~.../t~_ ' ,- ' Address ~-o. Daytime Phone Fax # City ~or-'i4t' q~t 6- ql_~3 E-mail State cU,. Zip 1,~ ~ Applicant (Whois the contact person representing? Who is requesting the special use?): Address ~-o, .~a,~ 6~' City DaytimePhone(~t't[ )'q'T'/-~3=~)- Fax# J~-A~(-O['xfl E-mail State taq Zip U, qr'/ Tax map and parcel q°i {>ctrcd qq ~ PhysicalAddti~ss(ifassigned) t/20'"/ ~/a.a/~ Location 0f property (landmarks. inter~ecUons, orother) /l.~r- (~q}- i~r/k. 6~t/n~ ~' Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers '._ - __ ': -- _ - '-. - _. ~ 1 I OFFICE USE ONLY -- {)O :" - ~ F~a~aunt* ~5, DatePaid 5-7'Or Check# Z'l~'q Receipt# I Histo ~ Special Use'Permits = ZMAs and Proffers' Concurrent review of Site Development Plan* ~i ~ Yes 0 N~5 ;~7,. I ' ' ~*'~-vv:-,;;_ ~ ~'-~"'%. 401 Mclntire Road -:- Charlottesville. VA 22902 -;- Voice: 296-5832 ';' Fax: 972-4126 / HOW will the proposed special use affect the character of the district surrounding the property? How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmony with th.e uses permitted by right in the district? What additional regulati'ons provided in Section 5.0 of the Zoning Ordinance apply to this use? How will this use promote the public health, safety, and general welfare of the community? ' -' ~": -~ ":-~"- nc~'}eco3dedPiat&'b0undary gurvey," ~ ·-! ~ ,f.)_ ..-i!.:: , , property and the Deed Book and page number or Plat B6ok and page number2 Note: If you are requesting a special usi permit only for a p(~rtion of the property, it ' needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the propertyis in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a-document acceptable to the County must be submitted certifYing that the 'person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be sul~mitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: ~'/3. Drawings or conceptua! plans, if any. [2] 4. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Signature Printed Name Date Daytime phone .number of Signatory ,7 PAGE BOX ~ll 4, ~ GAFIOEN, VA ~ ?L'~ tl~) ~7,44~, ~x; (104) ~ T0 8~IC~ IT 14A¥ CONC~fllq. MICHAEL PASSF~ELL HAS M~ ~EIU~iISeN TO APLY ON A S~EC~AL USE PERMIT TO BUILD A STORAGE BUILDING AT OU!t LUMBE~ SITE IH NORTH C4~I~DEN ALBEMARLE COUNt. · ~ T~ ~N~.M~ER OF AU~STA W~D PR~UCTS KENT CARR AUGUSTA, woo. ~,.0. Box 68 .om'. G^"~E.i~A 22959 TEL: (804) 977-6852 · FAX: (804) 296-0841 TO WHOM IT MAY CONCERN, AUGUSTA LUMBER IS TAX MAP 99, PARCEL 49A(DB 91 p424, DB 171 p 553). I AM REQUESTING A REVISION OF A SPECIAL USE PERMIT THAT HAS BEEN ISSUEDi I WOULD LIKE TO ADD I STORAGE BUILDING TO STORE KILN DRIED LUMBER IN, THERE WILL BE NO EQUIPMENT IN THIS BUILDING. THE BUILDING SIZE WILL BE 50 ft X 100ft. I HAVE INCLUDED A SITE PLAN THAT I HAVE DRAWN UP AND HAVE INCLUDED THE ROUGH PLANS BUT DO NOT HAVE THE ENGINERED PLANS UNTIA I GET THE APROVAL FROM YOU. THANK YOU FOR YOUR HELP AND PLEASE LET ME KNOW WHAT I NEED TO DO. T~IANK_Y OU, MICHAEL PASSERELL ATTACHMENT A ~DNIOVdS 'lO0 M:::I NJ. aIM ~)NIQ"llnlB (suuJnlog JolJelUl) ~ :IE)OI~ Ol L :~ON¥.LSla F S~)NIN:~dO OPENINGS EW COL. SPACING 12 12 :! RIGHT ENDWALL 88/82/2881 14:15 88429G8041 PLAT SHOWING DIVISION OF' LOTS 1,2 [i3 $IDUE OF' TAX MAP 99 PARCEL 49A PROPERTY OF AUGUSTA LUMBER AND SUPPLY, INC, : LOCATED NEAR NORTH GARDEN SAMUEL MILLER DISTRICT ALBEMARLE COUNTY, VIRGIJ~IA . T' 91.0~ 84 041 ATTACHMENT B ROBERT W. TUCKER, JR. Director of Planning DEPARTMENT of PLANNING 401 Mctntire Road Charlottesville, Va. 22901-4596 804- 296-5823 May 20, 1982 Augusta Lumber and Supply, Inc. Post Office Box 68 North Garden, Virginia. 22959 RONALD S. KEELER Assistant Director ot Planning R. KEITH MABE Principal Planner NANCY MASON CAPERTON Senior Planner KATHERINE L. IMHOFF Planner Attention of ~r. Howard Cart, Vice President Re: SP-82-9 Augnsta Lumber & Supply, Inc. Gent lemen: The Albemarle County Board of Supervisors, at its meeting on ~t~y 19, 1982, voted to approve your above-referenced 'special use permit request, subject to the following conditions: Compliance with Section 5.1.15 of the Zoning Ordinance except as modified or waived below: ae Section 5.1.15(a) shall not apply to existing development of the property; provided that any building or storage area currently within 100 feet of a property line shall not be expanded or extended in the direction of the property line. Buildings and storage areas which are in conformance with Section 5.1. iS(a) shall remain in conformance with that section. be Section 5.l. IS(b) shall not apply to existing development of the property; provided that any machinery or building housing such machinery currently within 600 feet to any dwelling on other property in the area shall not be expanded or relocated in the direction of such dwelling. ~,~chinery and buildings housing machinery, Which are in conformance with Section 5.1.15~b), shall remain in conformmnce with that section; c. No sawing, planing, d~ipping or operation of other processing machinery (except the boiler plant and drying kiln) shall occur between 7 p.m. and ? a.m. No loading/unloading of Wood/wood products shall occur between 9 p.m. and 6 a.m.; Noise measured at the closest dwelling shall not exceed current levels. The applicant shall submit a certified engineer's report to the County Engineer which shall specify, current noise levels during normal operation of the milling pl&nt. /3 Augusta Lumber and Supply, Inc. SP- 82 - 9 May 20, 1982 Page 2 2. Compliance with Fire Official recon~nendations, dated March 30, 1982; A~proval is for addition of drying kiln and boiler plant only~. Any other additional uses such as the proposed cut-up plant and planer shed shall require amendment of this petition; 4. Compliance with State Air Pollution Control Board and Environmental Protection Agency standards for wood-fired boiler; :Dedication of twenty-five (25) feet from the centerline of Route 712; Th_e_se conditions shall be met prior to issuance of a building permit for the drying kiln or boiler plant. If you should have any questions with regard to this approval or these conditions, you may call Mr. Ronald S. Keeler at 296-5823. Sincere ly, Smart L. Richard Department of Planning sir cc: County Engineer Director of Inspections/Zoning Administrator \ \ ATTACHMENT C COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville,. Virginia 229014596 (804) 296-5823 September 13, 1990 Mitchell O. Carr Augusta Lumber .Company and Supply, Inc P. O. Box 2417 Staunton, VA 24401 RE: SP-90-61 Mitchell O. Carr/Augusta Lumber and. Supply, Inc.;'Tax Map 99, Parcel 49A Dear Mr. Carr: The Albemarle County Board of Supervisors, at its meeting on September 5, 1990, unanimously approved the above-noted request to amend condition lc. of SP-82-9 as follows: lc. No sawing, planing, chipping or operations of other processing machinery (except the boiler plant and drying kiln), loading/unloading or wood/wood products shall occur between 9:00 P.M. and 6:00 A.M. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Ronald S. Keeler Chief of Planning RSK/jcw cc: Amelia Patterson Howard M. Carr Ricard Moring ~ ATT,ACHMENT D COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclnfire Road Chariottesville. Virginia 22901-4596 (804) 296-5823 November 13, 1991 Augusta Lumber & Supply, Inc. ATTN: Howard Carr P.O. Box 68 North Garden, VA 22959 RE: SP-91-47 Augusta Lumber and Supply, Inc. Dear Mr. Garr: The Albemarle County Board of Supervisors, at its meeting on November 6, 1991, approved the above-noted request to amend SP-82-09 which permitted a sawmill. Request is to locate a planer and a building to house the planer on 20,6 acres zoned Rural Areas. Property on the wes= side of Route 712 approximately 0.87 mile south of Route 692. Tax Map 99, Parcel 49A.' Please note the amended condition #3 reads as follows: 3. Approval is for addition of drying kiln, boiler plant and p~aner and planer building only. Any other additional use such as the proposed cut-up plant shall require amendment of this petition. Planer shall be located as. shown on sketch dated October 1, 1991 and initialled W.D.F. (copy attached). The Board also added a condition #7 as follows: o Planer shall not be located on site until clearing of vegetation to achieve adequate sight distance has been performed. If you should have any questions or commenns regarding the above noted action, please do not hesitate to contact me. Sincerely, ~[zre~Yt~7o~z~:~n~ommunity Development VWC/mem cc: Amelia Patterson Jo Higgins ? F Z 0 "// October 31, 2001 COUNTY OF ALBEMARLE Department &Planning & Community Development 401 McIntire Road, Room 218 Charlottesville. Virginia 22902-4596 (804) 296 -'5823 Fax (804) 972 - 4012 Nancy S. Sprouse 4740 Three Notched Road Charlottesville, VA 22901 RE: SP-01-37 St. John The Baptist Episcopal Church, Tax Map 73, Parcels 20, 20B, 28A and 28B Dear Ms. Sprouse: The Albemarle County Planning Commission. at its meeting on October 23 2001, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1 'The building expansion shall be in general accord with the sketch plan titled "Sketch Showing Proposed Addition to Parish Hal and Additional Parking Property of St. John the Baptist Episcopal Church" by Roudabush and Gale. dated September 25, 2001 (Attachment A). 2. The proposed parking areas snail be constructed at a six-inch depth using #21 or #21A gravel prior to the issuance of a Certificate of Occupancy, with existing gravel used as a base for new improvements. 3. Prior to the issuance of a Building Permit. the subject parcels, described as Tax Map 73 Parcels 20. 20B, 28A and 28B, shall be consolidated into one parcel. 4. Health Department approval of well and septic systems shall be required. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 14, 2001. 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, Principal Planner JMD/jcf 1-01-01 P04:40 tN Cc: Ella Carey Jack Kelsey Bob Ball Amelia McCulley Steve AIIshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Joan D. McDowell October 23, 2001 November 14, 2001 SP_01-37 St. John the Baptist Episcopal Church Applicant's Proposal: The applicant has requested a special use permit to construct a 1,575 square foot addition to an existing 1,346 square foot Parish Hall. The one-story, Parish Hall would contain a kitchen, two bathrooms, a stage, office, three Sunday School classrooms, and a social hall. Some of the .unpaved areas on the site have been historically dedicated to parking. The applicant has identified these areas, as well as other areas for overflow parking, at the request of the Zoning Department. The Engineering Department has determined that paved parking will not be required, due to the limited use of the church. The expansion to the Parish Hall will not generate additional traffic; therefore, the parking is required for church uses. At the request of the Virginia Department of Transportation, entrance improvements and sight distance improvements would be required. In addition, the Engineering Department has determined that a storm water retention basin would not be required, as a result of this expansion. The church was constructed in 1890. The church is currently a nonconforming use under the Zoning Ordinance in the RA District. Approval of this special use permit would bring the church into conformance. The Parish Hall is detached from the church and is constructed of a block material. The expansion would be consistent with the existing Hall materials and architecture. The multi-parcels comprising the 5.904-acre church site are planned to be consolidated into one parcel. The church is located on Dick Wood Road (State Route 637) adjacent to the County landfill. Petitions: Request for special use permit to allow expansion of the St. John the Baptist Episcopal Church in accordance with Section 10.2.2.35 of the Zoning Ordinance which allows for church buildings and adjunct cemeteries. The property, described as Tax Map 73 Parcels 20, 20B, 28A SP 01- 37 1 October 15, 2001 and 28B, contains 5.904 acres, and is located in the Samuel Miller Magisterial District on Dick Woods Road [Route # 637] approximately 0.2 miles fi-om the intersection Routes 637 and 682. The property is zoned RA Rural Areas. The Comprehensive Plan designates this property as Rural Area. Character of the Area: The County landfill is located on the east side of this parcel. A mixture of residential and agricultural uses characterizes the area. Planning and Zoning History: SP 92-53: special use permit for a day care operation, with a maximum enrollment of nine children Historic Survey #6193: The site has not been listed on the registers, and has not been identified as eligible. It could be a valuable local resource. The church was constructed in 1890. Comprehensive Plan: The subject site is in the Rural Area land use designation of the Comprehensive Plan. Churches in the rural area are viewed as supportive of the moral fiber of the community. RECOMrvIENDATION: Staff has reviewed these requests for compliance with the provisions of Section 31.2.4.1 of the zoning ordinance and recommends SP 01-37, based on consistency with the Comprehensive Plan. STAFF COMMENT: Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property_. SP 01- 37 2 October 15, 2001 The proposed expansion to the existing Parish Hall would be constructed to be consistent with the existing Hall. The uses within the building would be accessory to the church and would not cause any adverse impacts on the adjacent properties. The applicant has identified existing parking areas and has also identified areas for overflow parking. The Engineering Department has determined that the parking areas do not have to be paved. A gravel surface has been recommended; therefore, a condition of approval has been offered that would require gravel'surfaces for parking areas. that the character of the district will not be changed thereby, The church provides a service to the community. The character of the district would not be altered, by the Parish Hall expansion. and that such use will be in harmony with the purpose and intent of this ordinance, The expanded building would be consistent with the standards and purpose of the Ordinance. with the uses permitted bY right in the district, Other uses within the Rural Area would not be affected by the Parish Hall expansion. with additional regulations provided in Section 5.0 of this ordinance, There are no regulations provided in Section 5.0 of the Zoning Ordinance that apply to churches. and with the public health, safety_ and general welfare. The public health, safety and welfare will not be impacted by the addition to the Parish Hall. Parking can be accommodated on the site and no sight distance issues would result from this addition. There would not be a significant increase in traffic due to the Parish Hall expansion. At the request of the Virginia Department of Transportation, a condition of approval is offered to require entrance and sight distance improvements. SP 01- 37 3 October 15, 2001 SUMMARY: Staffhas identified the following factors favorable to these applications: 1. The church Parish Hall expansion would serve the community. 2. The expansion would not generate additional traffic. 3. The historic church would not be compromised by the expansion. Staff'has identified the following factors unfavorable to this applications: No unfavorable factors would result from this application. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval of SP 01-37, subject to the following conditions of approval: 1. The building expansion shall be in general accord with the sketch plan titled "Sketch Showing Proposed Addition to Parish Hall and Additional Parking Property of St. John the Baptist Episcopal Church" by Roudabush and Gale, dated September 25, 2001 (Attachment A). 2. The proposed parking areas shall be constructed at a six-inch depth using #21 or #2 lA gravel prior to the issuance of a Certificate of Occupancy. 3. Prior to the issuance ora Building Permit, the subject parcels, described as Tax Map 73 Parcels 20, 20B, 28A and 28B, shall be consolidated into one parcel. 4. Health Department approval of well and septic systems shall be required. 5. A site plan will be required to include depiction of an improved entrance, designed to meet commercial standards, including removal of the island with tree and relocation of mailboxes. Relocated mailboxes shall not block sight distance for exiting traffic. Attachments: Attachment A: SP 01-37 application and sketch plan titled "Sketch Showing Proposed Addition to Parish Hall and Additional Parking Property of St. John the Baptist SP 01- 37 October 15, 2001 Episcopal Church" by Roudabush and Gale, dated September 25, 2001. Attachment B: Board action letter for SP 92-53 SP 01- 37 5 October 15, 2001 County of Albemarle IOFFICE USE ONLY sP~ Department of Building Code and 2 ATTACHMENT A ~00~80 _0 0 O0 0 Mag. Dist. -5 ~ Staff ST/~{ ~ g Date Application for Special Use Permit (*staff will assist you with these items) Number of acres to be covered by Special Use Permit tit a i~raon a must be adineated on plat) IS this an amendment to an existing Special Use Permit? Are you submitting a site d~velopment plan with this application? D Yes~'o 121Yes~.4~lf 1Contact Person (W~om .~ou:a w~ ca:Vwrit~ ~on::ming t~i~ projm?): yrmcq 5. ' ~ City ~y~50 [l~,State~. DayfimePhone( ~0~ ) qTg-,~Sg ~od~ ~b¢.qTg-S6~ E-mill OwnerofJand(Asiistedin~eCounty's~c~ds): ~, ~b~ ~e ~drv~ ~ ~~ 3 S I City JO ~ State Daytime Phone ( ~ ) qT -5 'Sg' Vax~ ,m~< ~S ~E-mail~~ Applicant (Who is the contact person representing? Who is requesting the special use?): ~_ Prl,e. ~ Address City Daytime Phone ( )' . Fax # E-mail State Zip __ -Lo j ? ~_, Tax map and parcel Location of property (landmarks, intersections, orother) ~1~, ~..~7 ' '-,~ 11~,5; ~ ,, 0 Does the owner of this property own (or have any o w~e/~h~ those tax map and parcel numbers ~ ~'.5 OFFICE USE ONLY / Feeamount$ ~Sf~ ' DatePaid History: i~pecial Use Permits: t~2- - ~ t~ 0 V~ances: Concurrent review of Site Development Plan? interest in) auy abutting property? If yes, please list qA_ '~gt3 o .Check# [~6q( Receipt# /4~y: 3 C~ O ZMAs and Proffer: i-Jo D Letter of Authorization D Yes D No 401 McIntire Road o:- Charlottesville. VA 22902 -:. Voice: 296-5832 .:- Fax: 972-4126 Section 31.2.4.1 of ~the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the fight to issue all special use permits permitted hereunder. Special use permits for uses a's provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by fight in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide addiiional information which will assist the County in its review of your request.' If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property ? ~-~ ~F Howwilltheproposedspecialuseaffectadja~entproperty? { [ ~th C.~'~ -- How will the proposed special use affect the character of the district surrounding the property.? How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the use in harmflny with, thc uses permitted by right in the district? What additional regulatmns l~rS¥~ded m Secuon 5.0 of the Zomng Orchnance apply to this use? How will this use promote the public.health: safety, and general welfare of the community? 7 Describe yo.ur request, in detail and'include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: ATTACHMENTS REI~UIRED ' Provide two(2) copies of each: Recorded plat or boundary survey of the property requested' for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the DeedBook and page number or Plat Book and page number. Note: If you are requesting-a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is inthe name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a-document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Signature Printed Name Date Daytime phone number of Signatory Describe your request, in i:letail and'include all pertin'ent information such as the numbers of persons. involved in the use, operating hours, and any unique features of the use: ATTACHMENTS REQUIRED - provide two(2) copies of each:' Recorded.plat or bo~Jndary survey of the property requested'for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting, a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat Or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including,-but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitioUs name, a- document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: [~ 3. Drawings or conceptual plans, if any. [2~ 4. Additional Information, if any. I hereby certify .that.~ own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accUrate to the best of my Signature Printed Name Date gtY/- Daytime phone number of signatory CSTA~£ Bl'fl-t F..oo M $ ~X 15"TIN~ JSUl L.DI Iq& ,! 0 FFIC..E 5~ d'OHN'~ E?I 5d_.OP'AL July 27, 2001 To Whom it May Concern se~'in,~ as the coordinator and liaison tbr the parish hall expansion project at St. JoM the Baptist All questions and concerns may be directed to her. Si ncerel y ]J~'~%e~en~M Stur es Vicar - Mrs. Bettie Hutcherson Senior Warden ~ ................. L,~7~' N/F MICHAEL C or KATHLEEN C. WHOLLE~. T ~f P 73-P8 ~/,! ,. /,~ T.N.P. 75-t~ ~ · · · ~ , ~ D.B. 79~, P. 680 (PLA T) J · 29"E ~ t 0,50! Ac. O. 85!Ac. 1.20i Ac. ~ ~~C ~. ~. P, zs-~ ....... 5. 904 . (~o~a~) D. B. fiB& P. 4P (PLA T) ~ ~ N34 °$4 ', / ~'~' ~ Block Storo~e 76.9£' o~L ~ I Pored ~ ~l Shed / FNDff IRON ~ ~ ~oC~ ~ D.B. PO~ P. P27 (PLA T) ~ 5~ ~ / ~ 8-9'x ~0,5' / ~ Spoces D. B. 2~ P. 1~1 (PLA T) N/F dAMES L. or ELIZABETH J, BULLOCK 1.0~ Ac. TMP 7~- 20A ~ D.B. 612 ~ 220 D. B. 334, 'P. ~83 (PLA T)~ ~ PLAT BY E. S. ROUDABUS~ ~NC, DATED NOV. ~8, ~98~ SITE DATA ~ / FND. IROA ~ ~ / ,,~ R: S~ JOHN THE ~PT~T EPI~OP~ CHURCH ~ ,0~ VIRGINIA DIOCESE , / C/O NANCY SPROUSE, AGENT 70.99 ~0, BOX 351 / ~ ~ ~ IVY, VA. FND. ~RON - ~*~ 22945 lO: RA , ACREAOE OF INDIVIDUAL PARCELS WAS TAKE~ F~M J ALBEMARLE COUNTY RECOROS, NO SU~EY~ OF THeE RARCELS WERE DORE IN PREPARATION OF THIS PLAT THIS PLAT IS CASED ON SURVEY AND PLAT BY THiS OFFICE DATED NOVEMBER 10993. ALL CORNERS RECOVERED AND FLAGGED ON THIS DATE. §.904 AC. PARCEL HAS (2) TWO DEVELOPMENT RIGHTS ALONG WITH A NON CONFORMING CHURCH. 5. S04 AC. PARCEL NAS IN EXCESS OF 30,000 S.F.. OF DUILDABLE SPACE WITH SLOPES LESS THAN 25%. (RentoI) Residence FND. IRON RIVANNA SOLID WASTE AUTHORITY D.I. I1~? lt. TMP 73-28 Plat By Kirk Hughes ~ Assoc. Dated Napch ~8, ~987 / S58 '47 '53 33.3£' '07 '34 "E 17. lS' SKETC-H ~unuu'N G PROPOSED ADDITION TO PARISH HALL AND ADDITIONAL PARKING PARCELS 20, 20B~ ~8A & 28B, TAX MAP 75 PROPERTY OF ST. JOHN THE BAPTIST EPISCOPAL CHURCH ON STATE ROUTE $$7 SAMUEL MILLER DISTRICT ALBEMARLE COUNTY.VIRGINIA SCALE: I"~ 50~ SEPT 25,2001 F~ianning Dept. ROUDABUS~ SALE AND ASSOCIATES A PROFESSIONAL CORPORATION SURVEYOR~ PLANNER~ ENGINEERS ATTACHMENT B COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-582:3 September 21, 1992 Elaine Clark Rt. 1, Eox 159 Crozet, VA 22932 RE: SP-92-53 St. John's Episcopal Church (owner), Elaine Clark (applicann), Tax Map 7~k, Parcels 20 and 20B Dear Ms. Clark: The Albemarle County Board of Supervisors, at its meeting on September 16, 1992, unanimously approved the above-noted request for a day care on 5.35 acres zoned Rural Areas. Please note that this approval is subject no the following conditions: !. Compliance with Section 5.1.6 of the Zoning Ordinance: No such use shall operate without any required licenses. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of any required licenses (or proof of exemption from licensure) and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this ordinance; Periodic inspection of the premises shall be made by the Albemarle County Fire Official at his discretion. Failure to promptly admit the Fire Official for suck inspection shall be deemed willful noncompliance with the provisions of this ordinance; and Elaine Clark Page 2 September 21, 1992 These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Health, Virginia State Fire Marshall, or any other local, state or federal agency. Maximum enrollment shall not exceed nine (9) students or such lesser number as may be approved by the Health Department; and Improve sight distance to Virginia Department of Transportation commercial entrance standards by October 25, 1992. If you have any questions, please do not hesitate to contact me. Sincerely, VWC/jcw x_~ Community Development CC: Amelia Patterson Jo Higgins St. John's Episcopal Church COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 October 30. 2001 Robert Mott Mott Brothers Handcrafted Furniture, LLC 3897 Stony Pont Pass Keswick, VA 22947 RE: SP-2001-041 Mott Brothers Handcrafted Furniture, Tax Map 48 Par-(~el 25 Dear Mr. Mott: The Albemarle County Planning Commission, at its meeting on October 23, 2001, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: t 2. 3. There shall be no on-site sales. There shall be no outdoor storage of materials. All production activity of the custom-made furniture shall occur within the confines of the existing 24'x 18' shed. Ail waste materials shall be disposed of in accordance with hazardous waste regulations. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on November 14, 2001. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Steven Biel Planner SB/jcf Cc: Ella Carey Jack Ketsey Bob Ball Amelia McCulley Steve AIIshouse Joseph Pratt/Natalie Chapman 10-31-01 P05:34 IN STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Steven Biel October 23, 2001 November 14, 2001 SP 2001-041 Mott Brothers Handcrafted Furniture LLC Applicant's Proposal: Thc applicant has requested approval of a special use permit for a home occupation, Class B, to allow for the operation of a custom artisan furniture shop during daylight hours. Sales will be conducted off-site and there would be minimal deliveries of materials. The applicant would use an existing 24' x 18' shed for the production of the furniture products. Petition: Request for special use permit to allow a custom artisan furniture shop in accordance with Section 10.2.2.31 of the Zoning Ordinance which allows for a home occupation, Class B. The property, described as Tax Map 48, Parcel 25, contains 99.02 acres and is located in the Rivanna Magisterial District on Stony Point Pass. (Route 600), approximately .6 miles from the intersection of Route 600 and Route 20. The property is zoned PA-Rural Areas. The Comprehensive Plan designates this property .as Rural Area. Character of the Area: The property under review contains 99.02 acres, with approximately 10 acres located in the center of the 99.02 acres being leased by the applicant. The surrounding area can be characterized as agricultural and large-lot residential. The nearest residence is approximately 900' to the southwest (attachment D). Planning and Zoning History: No history is available on t.his property. Comprehensive Plan: The Comprehensive Plan identifies this site and surrounding area as being located in the Rural Area. The Comprehensive Plan offers no specific comment regarding home occupations in the Rural Area. However, the level of intensity 'of the proposed use would not be incompatible with the character of the Rural Area. RECOMMENDATION: Staffhas reviewed this request for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance and recommends approval of SP 2001-041, based on the consistency with the Comprehensive Plan. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of SP 2001-041 1 Last~Revised: 10/16/01 r Supervisors that such use will not be of substantial detriment to adjacent property_. This proposal would not result in an increase in vehicular traffic, as there would be no on-site sales. Additionally, the apphcant does not plan to hire any employees. Sales of the finished product would take place at trade shows, horse shows, special event shows, etc. All activity would take place within the existing shed (attachment E). There Would be limited deliveries from commercial vehicles, as the applicant would transport materials to the site from off-site locations. There would be no outdoor storage. The applicant has indicated the hours of operation would be during daytime hours only (per Section 4.18.02 of the Zoning Ordinance, daytime is defined as beginning at 7:00 a.m. and ending at 10:00 p.m.). that the character of the district will not be changed thereby, The site is surrounded by agricultural and large-lot residential uses. The applicant would be utilizing an existing shed that comphments other structures on the property (farmhouse and barn). The shed is located approximately in the center of 99.02 acres and is not visible from any adjacent residential dwellings. Any consequential noise to adjoining property owners that is produced by woodworking equipment would be no more than normal for farm equipment. It is the opinion of staff that this home occupation would not result in any increasedlevels of activity on the site that would be inconsistent with the character of the area. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed the purpose and intent as contained in Chapter 18, Sections 1.4, 1.5, and 1.6 of the Zoning Ordinance. In the opinion of staff, the proposed use would not conflict with the purpose and intent as described in the Zoning Ordinance. with the uses permitted by right in the district, This use would not prevent by right use of adjacent property. with additional regulations provided in Section 5.0 of this ordinance, Home occupation permits are governed by Section 5.2.2 of the Zoning Ordinance. The proposed request complies with the provisions of this section of the Zoning Ordinance. SP 2001-041 Last Revised: 10/16/01 and with the public health, safe _ty and general welfare. All solvents/paints associated with the proposed home occupation would be stored in metal cabinets. The applicant has stated that all waste materials would be disposed of in accordance with hazardous waste regulations. It is the opinion of staff that if the applicant adheres to the specified safety guidelines prescribed by the manufacturers of the solvents/paints used by the applicant, there would be no adverse impact on the public health, safety, and general welfare. SUMMARY: Staffhas identified the following factors favorable to these applications: The proposal is consistent with the provisions of Section 31.2.4.1.- The level of intensity of the proposed custom-made furniture shop would be consistent with the character of the Rural Area. Staff has not found any factors that are unfavorable to this request. Therefore, staff is able to support this request. RECOMMENDED ACTION: Based on the findings contained in this staff report, staff recommends approval, subject to the following conditions: There shall be no on-site sales. There shall be no outdoor storage of materials. All production activity of the custom-made furniture shall occur within the confines of the existing 24' x 18' shed. Attachments: A - Application and Plan B - Location Map C - Tax Map D - Aerial Map E - Photo of Shed SP 2001-041 3 Last Revised: 10/16/01 . CoantY of Albemarle -:- Department of Building Code an ATTACHMENT A OFFICE USE ONLYa . I I - Application for Special Use Permit *Zoning District ~A *Zoning Ordinance Section number reflu=ted lO. ~' 2 .~ (*staff will assist you with these items) Number of acres to be covered by Special Use Permit a~a~,~n~., ..... ,~a¢,,,¢~,~..,,~m ~m~' 2~ [~ ~ ~ ~ Is this an ameodment to an existing Special Use Permit? ~ Yes~o late you submitting a site development plan with this application? ~ Yes~o Contact Person eWhom should we call/write concerning this project?): R O b e r t M o t t Address 3897 Stony Point Pass Daytime Phone(804 ) 974-9993 City Keswick Fax # 804-q7A-0585 State VA Zip 22947 E-mail r'nhor*'mnr ~-(~anl: eom Owner of land (As listed in the County's records): Address 3895 Stony Point Pass Daytime Phone ( 80/i ) 978-~655 Joseph Pratt (~..~O_i0-0.O .{?~\J~ ? .a3 ?t n City Keswick State VQ Zip 22947 Fax # E-mail _q Applicant (wl,ois the contact person representing? Whois requesting thespecial use?): }40 t t Bros. Handcrafted '~'llrrli t'llr9, Address 3897 Stony Point Pass City. Keswick State VA Zip 22947 Daytime Phone( 804 ) 973-2589 Fax # 804-974-0585 E-mail robertmotteao!.nom Tax map and parcel Map 48,parcel 25 Physical Address (irassigned). 3897 Stony Pt. P~ss Locationofl, ropertyoandm~rks, i.t~mio.~.o, othoO Otu j2om"~ 6oO~ .~ /.qJie 5,~.rl"~. 07 t~ /h~uq~L ~ Does the owner of this property own (or have any ownership interest in) any abutting property? thosetaxmapandparcelnumbers x~-S? '["M c~f_ 2.fo ~ t{~--- ~l If yes, please list OFFICE USE ONLY Fee a,noum $ . Date Paid llistory: ¢/' ~ Special Use Permits: i['}~:...,~.~iU0'"v'v ')"'~ ~ Variaqces: Concurrent review of Site Development Plan? ff..J ZMAs iuld Proffers: Letter of Authorization Yes J~ No .I©! Mclntire No, ad ':' Charlottesville, VA 22902 '.'. Voice: '>or,-5'd32 O Fax: ATTACHMENT A Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue al! special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such usc 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 thc purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general welfare. The items which follow will be reviewed by the staff in their analysis of your request. Please complete this form and provide additional information which will assist the County in its review of your request. If you need assistance filling out these items, staff is available. What is the Comprehensive Plan designation for this property? i'~[. How wilt the proposed special use affect adjacent property? plo ~ ~o_ "~ ~'/:~£, How will the proposed special use affect thc character of tile district surrounding the property'? ! / How is the use in harmony with the purpose and intent of the Zoning Ordinance? How is the usc in harmony with thc uses permitted by right in the district? What additional regulations provided in Section 5.0 of tile Zoning Ordinance apply to this use? How will this use promote tile public health, safety, and general wel fare of the community? ATTACHMENT A Describe your request in detail and include all pertinent information such as the numoers o~ persons involved in the use, operating hours, and any unique features of the use: Mort Bros. Furniture will operate as a custom artisan furniture shop. Sales will be conducted off- site at horse shows, craft fairs and furniture shows. The farm location is solely for the purpose of design and fabricating the pieces. Robert Mott is currently the sole workman, and work is conducted during daylight hours, part-time M-Sun. Robert Mott and his wife Karen Risch are resident tenants of this property. ATTACHMENTS REQUIRED - provide two(2) copies of each: Mu tqecorctea p~at or ooundary survey of tine property requested for the rezoning. If there is no recorded plat or boundary survey, please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Ownership information - If ownership of the property is in the name of any type of legal entity or organization including, but not limited to, the name of a corporation, partnership or association, or in the name of a trust, or in a fictitious name, a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen.t acce. ptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge.'~ (~a.O-~ ~ Joseph Pratt Printed Name Au,~ust 27, 2001 ate D 804-978-1655 Daytime phone number of Signatory B EACH HA5 A $. F. OF BUILDING LESS THAN 25%. /ISION IN ACCORDANCE OF THE ALBEMARLE ORDINANCE. SUCH 8E TRANSFERRED ~E {1) YEAR FROM ~DATION, EXCEPT IN 'HIS SECTION OF THE CE. S VERY WINDING IN H FIELDS ROAD ENTERS. ~,TIVE HAS RECENTLY TION FOR A SAFE 3MMENDATION WAS THAT r EASEMENT BE OBTAINED N53'I4'24"W 59.55 -..,"-..~ N34'27'OO"W 26.28.4-. NIG'22'IO"W N3~'38 NSC'20'40"W N82'£1'05"W POLE 12C' VEPCO R/W ~ D.B. 856-54 LAW ORDER 2777, PLAT $~ji'~;;~ BE FURTHER DIVIDED PARCEL B RETAINS 5 DEVELOPMENT RIGHTS. WHEN USED THAY SHALL NOT TOTAL MORE THAN 1B.23 ACRES. LOCATED ON STATE ROUTE 600 ABOUT ONE MILE SOUTHEAST OF STONY POINT RIVANNA DISTRICT AL~3EMARLE COUNTY, VIRGINIA DATE: SCALE: [" = 200 PHYSICAL PARCEL B: 08-05-9,3 BOUNDARY PARCEL A: 08-05-93 BOUNDARY PARCEL B: [ 1-02-90 ROGER W. RAY & ASSOC., NC. CHARLOTTESVILLE, VIRGINIA NB4'54'O4"W 52 SSB'27'Q2"W 170,15 S76"57'I5'"W 50.59 N35°40'O4"W NBI'O2'27"W 74.99 EXISTING IS' RI'&/ D.B. 165 - 554 ' / "= OI'O4'2F' R- 231.09 '..= C, 4.32 '0 THE NORTHWEST OF Ne7'o4'30"W 4.0.46 ,? 2..,¢,~';,-,,~,,,~ " IRON FOUND 2, SECURE A MINIMUM /~,~j~.~/t~' ]'? N STONE ~50 FEET, NSO'3~'=6"W 72.05. IRON ~PILE 75-329 ~ D ~ 357-:00j S73'24'37"W 60. ';% IRON .¢.~ "'29~.7U AIN] AS SHOWN ON '-¢~ LiNE .~ %%~ . . ~oc .... ~*'' ~ /1 /¢~ ;E RATE MAP N34'34'SF'W 37 57 ~ ~ ~ 7.~e¢ ' .;L"2N NATALi~ E. CHAPMAN IMUNITY ~ANEL ' 51 ~~,':';LINO O~ 754-674 677 P' . Nm'52'~6"W ~7.81 ~ ~ ~'E~%%~,' ' ' ' { REMAINDER OF , ~-1/2 CORY X/¢~_. ,~. SOrO3'347E S2~.~.16..w , NO4--zBz'w'~.oC]~ '~' w~L · ~F~% ~;~C~ /"-" ~' ~ L¢~~-'+~Z%~ '% D,B, 754.-67,~. TEL PED. 7',42"E 30,4~, S58'26'II"E 33.7l 27"E 43.96 S80'58'56"E 226.20 S84'52'I2"E 65.46 S88'26'07"E 68.95 57"E 55.53 E 121.61 .~- S74'24'32"E 73.00 ~'- S75'54'32"E ~ S68'33'I7"E 59.06 ~ S62'32'12"E 94.16 5'2B'27"W 127.38. IRON SET F25"E 41J4 ,,~ · "'w PARCEL A 12.77 ACRES D.B. I128-573, 574 PLAT O.~, 1115-143 e"s lin.as' T.M. 4B-,'5 PARCSL B SET 99.02 ACRES NB3'27'52"E 13B.12' D,E. 112P~-575; 574 PL.':,,' g.~. Ill5 - J43 ~IRON SET W.E. 69 - 3!1 'IRON SET S19'34'25"W FENCED AREA MEMORIAL .~ _~ GARY & VALERIE S. FRAZIER STONES t~ ~. D,B. 1203-393 WIDTH ACceSS EASEMENT ~ 0~0 , - . - DR gq~ - 577 ~RI =~ '- /, / H /~ S3698'53"E 38.35 - / FENCES ~ /~ S26'~I'OB"E 53.50 516.97 ~~ [ A ~, ,~S28'55'03"~ 2S.63 REAL ESTATE j .M, 48 - 25~ I~ON INVESTMEN~ TRUST ~D.B. 691 - 3H FOUND ~391 PLAT ] T,M. 48 - ] 0.8. 69t -3f~' IRON mcr ¢ D.a. 646< ~OUND ] ¢oUND "E I HEREBY CERTIFY THAT ON//-2.~' ~t $-~-~_~ I SURVEYED THE PROPERTY SHOWN ON THIS ~LAT. TO THE BEST OF MY KNOWLEDGE. INFORMATION BELIEF AND I~ MY PROFESSIONAL OPINION IT IS COMPLETE. AND ACCURATE. CB- S53'34'20"E ?A. 66'10'03" R- 95.61 r04.38 CB- ~A= 22'26'0Z" ~i I79.72 L= 70.37 C= 69.92 CB= S00'50'33"W c= 32'4.4'47" ~- 272.09 L- 155.,51 C. 153.40 CBi S05'59"54"W l~)A= 23'25'53" R- 141.02 L' 57.67 C= 57.27 CB= S10'39'20"W ~Bk~) A = 68'30'35" R= 66.72 L.= 79.78 C= 75.11 CB- s33'lr53'"w A. 27'28'00" R= 224.26 L. 107.51 C= 106.48 CB= S53'42'4t"W (~)~= 24'39'38" ~= BG.OO' L- 37.01' C= 36.73' CB=S27'38'50"W APPROYED FOR RECORDATION REE CONSENT A~ ~ ~CCOROANCE WITH THE DES~E OF THE J ~ER~ED OWNER, PROPRIETORS i~ TR~TEEs. ~Y J IR~qE~CE TO FUT~E POTENTIAL DEVELOPMENT Is TO BE J I~EMED~AS THEORE(CAL O~Y. ALL STATEMENTS IT~ ~T ~ TRUE A~ CORRECT TO THE BEST OF ATTACHMENT B ~' SP 2001-041 Mott Brothers dcrafted Furniture LLC ALBEMARLE COUNTY ? 73 9O ATTACHMENT C 64 1RIVANNA DISTRICT SECTION 48 ATTACHMENT D ATTACHMENT E REVISED CONDITIONS FOR FOOD LION SPECIAL USE PERMIT FOR OUTDOOR DISPLAY 1) 2) 3) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. Mark and maintain a pedesthan aisle *(rain 3' wide) along entire length of the store excluding the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpgse of illuminating this display. ./%, n nt~,*L~re s d fe nc d Display items shall be limited to those listed i Attachme vi e as re re e in the November 12 letter from the applicant. Storage of bagged mulch, **fn'e wood and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet.. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. * This revised condition would apply only to the Forest Lakes store. ** This request would apply to conditions for all three stores. RECEIVED AT BOS MEETING Date: Agenda Item #: Clerk's Initials: RECEIVED ~Tr ~."~ MEET'lNG Clerk's Initials: McGuireWoods LLP Court Square Building 310 Fourth Street N.E. Suite 300 Charlottesville, VA 22902 Phone: 804.977.2500 Fax: 804.980.2222 www.mcguirewoods.com Valerie W. Long Direct: 434.977.2545 McGUIREWC DS vlong@mcguirewoods.com Direct Fax: 434.980.2265 November 12, 2001 VIA HAND DELIVERY Mr. Dan Mahon Landscape Planner Albemarle County Department of Planning & Community DevelOpment 401 Mclntire Road, Room 218 Charlottesville, VA 22902-4596 SP 01-025 Food Lion at Branchlands SP 01-026 Food Lion at Mill Creek SP 01-027 Food Lion at Forest Lakes Dear Dan: As you know, the above-referenced special use permit applications are scheduled for consideration by the Board of Supervisors on Wednesday, November 14. At your request, I am providing the following information regarding the modifications I will request that the Board make to the conditions of approval recommended by the Planning CommisSion. 1. With regard to all three Food Lion applications I will request that the Board approve a modified list of display items that is referenced as "Exhibit C" in the conditions of approval for each application. As we both discovered when we visited the stores following the Planning Commission hearing, in addition to those display items listed on Exhibit C, Food Lion also displays bundles of firewood. Unfortunately, when the Food Lion store operations manager prepared the list of outdoor display items this product was inadvertently left off of the list. I have enclosed for your review a revised Exhibit C which now includes the firewood bundles and the information as to number, location, height, and months of display. In addition, please note that I have also revised the display location information for all of the other display items (except for the bags of mulch and potting soil) to reflect that these items will also be displayed along the front of the projected entranceway. This change is consistent with the Planning Commission and Architectural Review Board (ARB) conditions of approval, as well as the permit application and exhibit materials, and it was oversight on my part that it was not wdtten this way from the beginning. 2. For SP 01-027 (Food Lion at Forest Lakes) I will ask that the Board modify condition number 2 to provide that Food Lion mark and maintain the pedestrian aisle a minimum of three feet wide rather than fOur feet wide. At the Branchlands and Mill Creek stores there is plenty of room to maintain a pedestrian aisle four feet wide, even with the display items and the shopping November 12, 2001 Page 2 cart storage areas. However, at the Forest Lakes store, the dimensions of the property do not provide room for a four-foot aisle, cart storage and the display items. The distances and fixtures vary slightly on the south side of the store compared to the north side of the store. On the south side, there is a fixed metal reil which creates a shopping cart "corral" or storage area. The distance between the edge of the railing and the edge of the display pallets measures 3 feet, 6 inches. However, on the north side of the store, although carts are stored in two rows, there is no metal railing. During certain times of the day when business is relatively slow and few people are using the carts inside the store, storage for two rows of shopping carts is required on the north side. At such times there is only three feet between the carts and the product display pallets. During busier hours, more of the carts will be inside the store, and it will thus not be difficult to maintain a four-foot pedestrian aisle, particularly since there will not be a metal reil in the way. As you know, the recommended conditions of approval in your staff report required Food Lion to maintain a three-foot aisle, but the Planning Commission increased this distance to four feet. I am hopeful that the Board will agree that Food Lion's request to modify this condition at the Forest Lakes store will provide a workable solution, and will allow plenty of room for pedestrians (including those with carts and baby strollers) along with the display items along both the north and south sides of the store. For your reference and information, I have enclosed two photographs of the shopping cart corral and product display area on the south side of the Forest Lakes store, viewed from both the parking lot and from the sidewalk area just outside of the store entrance. As always, I sincerely appreciate your assistance with this matter, particularly the time you have spent visiting the stores and working with me to develop a workable solution to these issues. Should you require any additional information prior to the Board of Supervisors headng, please do not hesitate to contact me at 977-2545. Sincerely, Valerie W. Long VWL/acb Enclosures cc: Joseph A. \X-REA~0317. ! Hayes, !il, Food Lion COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville. Virginia 22902-4596 (804~ 296 - 5823 Fax (804) 972 - 4012 September 28, 2001 Valerie W. Long McGuireWoods LLP P O Box 1288 Charlottesville, VA 22902 RE: SP-200-025 Food Lion at Branchlands; Tax Map 61Z, Section'3, Parcel11 Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on September 25, 2001, unanimously recommended approval of the above-noted petition to.the Board of Supervisors. Please note that this approval is subject to the following conditions: 2) 3) 4) 5) 6) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. Mark and maintain a pedestrian a~sie (min 4' wide) along entire length of the store, excluding the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher-than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 17, 2001. 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. Dan Mahon Planner Cc: ~Etla Carey_ Amelia McCulley Jack Ketsey Steve AIIshouse Bob Ball Food Lion, LLC 10-01-01 Al1:50 IN STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Dan Mahon September 25, 2001 October 17, 2001 SP-2001-025 FOOD LION AT BRANCItLANDS Applicant's Proposal: Thc applicant proposes to display seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment C). Wooden pallets and moveable racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on either side of the front entrance and on the sidewalk along the front of the projected entranceway Petition: Request for a Special Use Permit to allow outdoor display of merchandise in accordance with Section 30.6.3.2 of the Zoning Ordinance which allows for outdoor display in the Entrance Corridor. The property is described as Tax Map 61Z, Section 3, Parcel I 1, in the Rio Magisterial District and is located on the east side of Route '29, south of Branchlands Boulevard and west of Hillsdale Drive. The property is zoned Planned Unit Development (PUD) and Entrance Corridor (EC). The Comprehensive Plan designates this property, for Community Service in Neighborhood 2. Character of the Area: The site is in an area of commercial and residential development. Across Branchlands Boulevard to the north is Toys R Us and Old Country Buffet (to become Wood Grill Buffet). Fairfield Inn and Applebee's restaurant are adjacent to the western side of the site. Across Hillsdale Drive to the east of the site is a retirement community. Real-estate offices occupy the parcel to the south. Across Route 29 to the west is The Waffle House and a commercial shopping center. Traffic on this section of Route 29 is heavy. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning Ordinance Sections 31.2.4.1 and 30.6.3.2.b. Based on the Architectural Review Board's recommendation on this proposal, SP 2001-025 is recommended for approval with conditions. Plannine and Zonine History: May 12, 1992: SDP 92-021: Food Lion at Branchlands Preliminary Site Plan: Approved. May 18, 1992: ARB F (SDP) 92-18: Food Lion at Branchlands: ARB approved a Certificate of Appropriateness for the construction of the grocery store. This action was followed with approved revisions that related to landscaping. December 3, 1992: SDP 92-081: Food Lion at Branchlands Final Site Plan: Approved. October 9, 1997: ARB F (SDP) 97-19: Nexus fuel: ARB approved a Certificate of Appropriateness for the construction of fuel station and canopy. This proposed development was never built. December 4, 1997: SDP 97-088: Food Lion #1186 (NEXUS FUEL) Minor Amendment: Approved. Currently, seasonal plant items are being displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring all EC sites into compliance regarding outdoor storage and display. May 1, 2001: No: V-2001-132: Violation notice for outdoor display without a special use permit issued by the Department of Zoning. July 16, 2001: ARB-P (SP)-2001-02: Food Lion at Branchlands Outdoor Display - The ARB voted 3-1 to approve the Special Use Permit, subject to the following conditions: l) 2) 3) 4) 5) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be hmited to those listed in Attachment A. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. Comprehensive Plan: This site is recommended for Community Service in Neighborhood 2 of the Comprehensive Plan. The Comprehensive Plan recommends community-scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services in this service designation. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the fight to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, It is anticipated that the outdoor display of seasonal plant items in the location proposed by the applicant will not be of substantial detriment to adjacent property. A combination of existing landscaping, the distance of the building setback, and topography limit views of this store from the EC. The store is visible from the intersection of Route 29 North and Branchlands Boulevard. However, the area proposed for display is not readily visible. that the character of the district will not be changed thereby, It is not anticipated that the proposed use will change the character of the district, due to the commercial activity on nearby properties and the general commercial character of the area. The potential impact of the use on the character of the district has been addressed by the ARB. The ARB has expressed no objection to the use, with. conditidns, based on the Entrance Corridor guidelines. The conditions of ARB approval are incorporated into the recommended conditions of approval for this special use permit. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance with the purpose and intent of the Zoning Ordinance and the EC Overlay District. With the incorporation of the recommendations of the ARB, this use would be in harmony with the purpose and intent of the ordinance by minimizing visibility. with the uses permitted by fight in the district, It is not anticipated that the proposed display will restrict permitted uses on adjacent property. with additional re.~ulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 specifically addressing outdoor display. and with the public health, safety and general welfare. It is anticipated that the proposed use will impact the pedestrian safety if a minimum 3' wide aisle is not maintained along the entire front of the building. The applicant's proposed display area includes an area in front of the projected entranceway that is approximately 3' wide. Items placed in this area would require pedestrians to walk out into the designated vehicular travelway and would also interfere with the areas current use as a loading zone.' Therefore, it is staff's opinion that the sidewalk along the projected entranceway should be maintained without displays to safely accommodate pedestrian movement. On-site vehicle circulation will remain unchanged. Otherwise, public health and general welfare will not be affected by this proposal. SUMMARY: This use is by Special Use Permit due torte use of outdoor storage and display in the Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which is included as Attachment F, approved to the proposed use, subject to conditions, Staff opinion is that the expanded use will have minimal impact on the district, if the ARB's conditions are satisfied. However, the ARB was not charged with reviewing issues of public safety. Those issues and resulting recommendations have been addressed with this review. Staff finds that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning Ordinance and the Comprehensive Plan. Therefore, staff recommends approval of SP-2001-025 subject to conditions. RECOMMENDED ACTION: Staff recommends approval of SP-2001-025 subject to the following conditions. 1) 2) 3) 4) 5) 6) Items shall be displayed only in the areas of the recessed walkway in front of the store and not along the front of the projected entranceway. Maintain a pedestrian aisle (min 3' wide) along entire length of the store, including the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ATTACHMENTS: A - Location Map B - Tax Map C-. Applicant's Letter With List of Display Items D - Architectural Review Board Staff Report E - Architectural Review Board Action Letter F - Site Plan G - Photos of Current Display A~l~emarle ATTACHMENT A EA --_ SP-2001-025 Food Lion at Bran~ · ALBEMARLE 45 COUNTY ATTACHMENT B SP-2001-025 Food Lion at Branchlands CITY OF CHARLOTTESVILLE / JACK JOUETT, RIVANNA AND RIO DISTRICTS SECTION 5 Food Lion at Branchlands ATTACHMENT C Special Use Permit Application Questions: 1. Wh at is the Comprehensive Plan designation for this property? Community Service 2. How will the proposed special use affect adjacent property? The proposed special USe will not have an adverse impact on adjacent property. How will the proposed special use affect the character of the district surrounding the property? The proposed special use will not have an adverse effect on the character of the district surrounding the property. The property is located in a planned development area which contains a variety of commercial uses. The proposed outdoor display items will consist of seasonal plants and trees that will be in keeping with the commercial uses in the same shopping center, and other commercial uses surrounding the property. How is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed special use will be in harmony with the purpose and intent of the Zoning Ordinance in that the items displayed will not be inconsistent with the goal of preservation of the natural and scenic resources, and the protection and enhancement of the County's attractiveness to tourists and other visitors. 5. How is the use in harmony with the uses permitted by right in the district? The proposed use will not restrict the current uses or other by-right uses available at this property or by-right uses on any other property. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply here? None of the additional regulations provided in Section 5.0 appear to be applicable. J How will this use promote the public health, safety and general welfare of the community? The proposed items for display will promote the public heath, safety and general welfare of the community by offering the proposed items in an area where the Safety of the public will be maximized. The plants, shrubs and trees that will be sold require extensive sunlight and water, and displaying them outside the store will make it easier for Food Lion's customers to purchase the products without bringing them into the store where water and dirt may spill onto the floor and create a hazard for the customers. This also makes it less likely that any fungus, bugs or insects that may be in or attracted to the plants will enter the store and · contaminate the food products. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: Food Lion, LLC proposes to exhibit outdoor displays of certain seasonal plant items at its store located at 585 Branchlands Boulevard in the Branchlands Shopping Center on the east side of Route 29, between Greenbrier Drive and Rio Road. The items proposed for display include, but are not limited to, such things as bagged shrubs, potted azaleas, flowering hanging baskets, and Christmas Trees. More specifically, the display items would be substantially similar m those on the attached chart. Each item is displayed for certain seasonal months of the year in a designated location either in front of the entrance or to either side of the entrance: \~REA\64543.1 ATTACHMENT D ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: FOOD LION AT BRANCItLANDS OUTDOOR DISPLAY APPLICATION TYPE: PRELIMINARY ADVISORY REVIEW FOR A SPECIAL USE PERMIT Proj eot # ARB-P (SP) -2001-02 Location SW comer of the intersection of Hillsdale Drive with Branchlands Blvd. Parcel Identification Tax Map 61Z, Parcel 3 Zoned Planned Unit Development (PUD) and Entrance COrridor (EC) Magisterial District Rio Proposal Preliminary reView of a plan to display seasonal landscaping, items at an existing grocery .store on. Branchlands Boulevard. ARB Meeting Date August 6, 2001 Staff Contact Dan Mahon PROJECT HISTORY May 18, 1992: ARB F (SDP) 92-18 Food Lion at Branehlands: ARB approved a Certificate of Appropriateness for the construction of the grocery store. This action was followed with approved revisions that related to landscaping. October 9, 1997: ARB F (SDP) 97-19 Nexus fuel: ARB approved a Certificate of Appropriateness for the construction of fuel station and canopy. This proposed development was never built. Currently seasonal plant items are being displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring ail EC sites into compliance regarding outdoor storage and display. PROJECT DETAILS The Applicant seeks a Special Use Permit for the outdoor display of seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment A). Currently, the display also includes plastic lawn furniture, trashcans, and other items, which are not listed in the applicant's proposal. Wooden pallets and moveable racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on ARB 8/6/0t Food Lion at Branchlands Outdoor Display Preliminary - Page 1 either side of the front entrance and on the sidewalk along the front of the projected entranceway. ANALYSIS Site Development, Layout and Grading: The existing building is situated 340' east of Route 29 North and 310' south of Branchlands Boulevard and 85' west of Hillsdale Drive. The front of the building faces Branchlands Boulevard. Access is from Branchlands Blvd and Hillsdale Drive. No changes to the layout or grading are proposed. The proposed display area is along the front of the building. Safety issues will be addressed by the Planning Commission. Visibility of Display: A combination of existing landscaping, the distance of the building setback, and topography limit views of this store from 'the EC. However, the store is visible from the intersection of Route 29 North and Branchlands Boulevard. The area proposed .for display is not readily visible. The display of plants in the proposed areas would not have a negative impact on the EC. However, non-plant items such as bagged mulch and potting soil do have a negative impact, because of their sharp contrast with the red brick of the building, as illustrated in the photographs submitted by the applicant. Items proposed for display along the front of the projected entrance will be more exposed and more visible than th0se in the recessed areas. Context: The site is in an area of commercial and residential development. Across Branchlands Boulevard to the north is Toys R Us. Fairfield Inn and Applebee's restaurant are adjacent to the western side of the site. Across Hillsdale Drive to the east of the site is a retirement community. Landscaping: No new landscaping is proposed. Accessory Structures and Equipment: None are proposed. Lighting: No new lighting is proposed. Signs: No new signs are proposed but it is anticipated that pricing information will be included. RECOMMENDATIONS: Staff recommends that the ARB express no objection to the Special Use Permit subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage aSsociated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ARB 8/6/01 Food Lion at Branchlands Outdoor Display Preliminary - Page 2 ATTACHMENT E COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 August 9, 2001 Valerie W. Long McGuireWoods LLP P O Box 1288 Charlottesville, VA 22902 RE: ARB-P(SP)-2001-01 Food Lion at Mill Creek Outdoor Display ARB-P(SP)-2001-02 Food Lion at Branchlands Outdoor Display ARB-P(SP)-2001-03 Food Lion at Forest lakes Outdoor Display Dear Ms. Long: The Albemarle County Architectural Review Board reviewed the above noted proposals to display seasonal plant items at existing Food Lion grocery stores at its meeting on Monday, August 6. 2001. The Board, by a vote of 3-1 requested that the following comments be forward to the Planning Commission: ARB-P(SP)-2001-01: Food Lion at Mill Creek Outdoor: The ARB expressed no objection to the Special Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet, 2) 3) 4) 5) ARB-P(SP)-2001-02: Food Lion at Branchlands Outdoor Display - The ARB expressed no objection to the Special Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected emranceway. No additional lighting .shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment A. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. 12 Page 2 August'9, 2001 ARB-P(SP)-2001-03: Food Lion at Forest' Lakes Outdoor Display - The ARB expressed no objection to the Special Use Permit, subject to the following conditions: The ARB expressed no objection to the Special Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) DiSplay items shall be limited Ko those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. If you have any questions regarding this action, please do not hesitate to contact me. Sincerely, . ~ Daniel A. Mahon Planner DM/jcf Cc: SP-2001-25 SP-2002-26 SP-2001-27 ARB-P(SP)-2001-01 ARB-P(SP)-2001-02 ARB-P(SP)-2001-03 13 ATTACHMENT F 25' 56.5' FOOD LION 53,000 SO.FT. 36,853 S.F. GROSS 56.5' A OUT PAR( 97, 150 2.23 ac, 280.,3 62,5' 25' DRAIN ~GE~ 5 ). SIGNS 13 T PYLON SIGN lO!t --% ACCESS POINT NOTES: THE NEC EASEMENTS BETWI ~'ROVlDED:, WHEN C OUT PAR 87,14.3 sq. ft 2.0 ACRES . ' ' ~.--30' SANITARY SEWER EASEMENT EXISTING) x~ -. ~ '~ 14 ATTACHMENT G Food Lion at Branchlands Food Lion at Branchlands Food Lion at Branchlands l? September 28 2001 COUNTY OF ALBEMARLE Department o£ Planning & Community Development 401 M¢Intire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (8041 972 - 4012 Valerie W. Long McGuireWoods LLP P O Box 1288 Charlottesville, VA 22902 RE: SP-200-026 Food Lion at Mill Creek; Tax Map 77, Parcel 47 Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on September 25. 2001, 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) 2) 3) 4) 5) 8) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. Mark and maintain a pedestrian aisle (min 4' wide) along entire length of the store, excluding the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new slgnage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. Please be advised that the Albbmarle County Board of Supervisors will review this petition and receive public comment at their meeting on October 17, 2001. 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 c~uestions or comments regarding the above noted action, please do not hesitate to contact me. Dan Mahon Planner Cc: Gila Carey Steve Allshouse Amelia McCulley Bob Ball Jack Kelsey Food Lion LLC lO-Ol-O1 A11:50 fN STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Dan Mahon September 25, 2001 October 17, 2001 SP-2001-026 FOOD LION AT MILL CREEK Applicant's Proposal: The applicant proposes to display seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment C). Wooden pallets and moveable racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on either side of the front entrance and on the sidewalk along the front of the projected entranceway Petition: Request for a Special Use Permit to allow outdoor display of merchandise in accordance with Section 30.6.3.2 of the Zoning Ordinance which allows for outdoor display in the Entrance Corridor. The property is described as Tax Map 77, Parcel 47, in the Scottsville Magisterial District and is located on the SE comer of the intersection of Mill Creek Drive with Avon Street in the South Side Shopping Center. The property is zoned Planned Development Shopping Center (PDSC) and Entrance Corridor (EC). The Comprehensive Plan designates this property for Community Service in Neighborhood 4. Character of the Area: The site is in an area of commercial and residential development. The building to the north of the shopping center is the Calvary Baptist Church with a dark gabled roof and white walls. The Lakeside Apartments complex is situated to the north of the church. To the west of the shopping center, across Avon Street, is the Mill Creek residential development. Across Mill Creek Drive to the south of the site is a commercial development that includes a convenience store/service station/car wash. RECOMMENDATION.: Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning Ordinance Sections 31.2.4.1 and 30.6.3.2.b. Based on the Architectural Review Board's recommendation on this proposal, SP 2001-025 is recommended for approval with conditions. Planning and Zonin~ History: April 23, 1998: SDP 98-053: Southside Shopping Center Final Site Plan: Approved. March 3, 1999: ARB F (SDP) 97-32: Southside Shopping Center Site Plan Amendment: Monument Sign and Landscaping: Approved. Currently, seasonal plant items are being displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring all EC sites into compliance regarding outdoor storage and display. May 1, 2001: No: V-2001-132: Violation notice for outdoor display without a special use permit issued by the. Department of Zoning. July 16, 2001: ARB-P (SP)-2001-01: Food Lion at Mill Creek Outdoor Display - The ARB voted 3-1 to approve the Spec ial Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) 3) 4) 5) No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment A. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. Comprehensive Plan: This site is recommended for Community Service in Neighborhood 4 of the Comprehensive Plan. The Comprehensive Plan recommends community-scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services in this service designation. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board 'of Supervisors hereby reserves unto itself the fight to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance maybe issued upona finding by the Board of SUpervisors that such use will not be of substantial detriment to adjacent property, It is anticipated that the outdoor display of seasonal plant items in the location proposed by the applicant will not be of substantial detriment to adjacent property. Items displayed in the recessed walkway will be visible from Avon Street, with the east side of the entrance less visible than the west. Distance, existing landscaping, building orientation and topography help limit the impact of the display on the EC. The.display of plants in the proposed areas would not have a negative impact on the EC. However, non-plant items such as bagged mulch and potting soil do have a negative impact, because of their sharp contrast with the red brick of the building, as illustrated in'the photographs submitted by the applicant. A combination of existing landscaping, the distance of the building setback, and topography limit views of this store from the EC. that the character of the district will not be changed thereby, It is not anticipated that the proposed use will change the character of the district, due to the commercial activity 6n nearby properties and the general commercial character of the area. The potential impact of the use on the character of the district has been addressed by the ARB. The ARB has expressed no objection to the use, with conditions, based on the Entrance Corridor guidelines. The conditions of ARB approval are incorporated into the recommended conditions of approval for this special use permit. and that such Use will be in harmony with the purpose and intent of tl~is ordinance, Staff has reviewed this request for comphance with the purpose and intent of the Zoning Ordinance and the EC Overlay District. With the incorporation of the recommendations of the ARB, this use would be in harmony with the purpose and intent of the ordinance by minimizing visibility. with the uses permitted by right in the district, It is not anticipated that the proposed display will restrict permitted uses on adjacent property. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 specifically addressing outdoor display. and with the public health, safety and general welfare. It is anticipated that the proposed use will impact the pedestrian safety if a minimum 3' wide aisle is not maintained along the entire front of the building. The applicant's proposed display area includes an area in front of the projected entranceway that is approximately 5' wide. Items placed in this area without maintenance of a 3' aisle would require pedestrians to walk out into the designated vehicular tmvelway and would also interfere with the areas current use as a loading zone. Therefore, it is staff's opinion that the sidewalk along the projected entranceway should be maintained with a minimum 3' wide aisle to safely accommodate pedestrian movement. On-site-vehicle circulation will remain unchanged. Otherwise, public health and general welfare will not be affected by this proposal. SU1VE~dARY: This use is by Special Use Permit due to the use of outdoor storage and display in the Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which is included as Attachment F, expressed no objection to the proposed use, subject to conditions. Staff opinion is that the expanded use will have minimal impact on the district, if the ARB's conditions are satisfied. However, the ARB was not charged with reviewing issues:of public safety. 'Those issues and resulting recommendations have been addressed with this rewew. Staff.~nds that w~th the ARB s approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning Ordinance and the Comprehensive Plan. Therefore, staff recommends approval of SP-2001-026 subject to conditions. RECOMMENDED ACTION: Staff recommends approval of SP-2001-026 subject to the following conditions. 1) 2) 3) 4) 5) 6) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. Maintain a pedestrian aisle (min 3' wide) along entire length of the store, including the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C: Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ATTACHMENTS: A - Location Map B - Tax Map C- Applicant's Letter With List of Display Items D - Architectural Review Board Staff Report E - Architectural Review Board Action Letter F - Site Plan G - Photos of Current Display .I .J 7 AIDemarte ~ T~ RuCKERSmL~ SP-2001-026 Food Lion at Mill Creek 1167- ~X. ALBEMARLE COUNTY ATTACHMENT B LOTTESVILLE- SP-2001-026 Food Lion at Mill 9~ RIVAN NA AND SCOTTSVILLE DISTRICTS SECTION 77 5 Food LiOn at Mill Creek ATTACHMENT C Special Use Permit Application Questions: 1. What is the ComprehenSive Plan designation for this property? Community Service 2. How will the proposed special use affect adjacent property? The proposed special use will not have an adverse impact on adjacent property. 3. How will the proposed special use affect the character of the district surrounding the property? . The proposed Special use will not have an adverse effect on the character of the district surrounding the property. The property is located in a planned development-shopping center, and contains a variety of commercial uses. The proposed outdoor display items will consist of seasonal plants and trees that will be in keeping with the commerci al uses surrounding the property, and will not be incompatible with the nearby residential uses. 4. }tow is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed special use will be in harmony with the purpose and intent of the Zoning Ordinance in that the items displayed will not be inconsistent with the goal of preservation of the natural and scenic resources, and the protection and enhancement of the County's attractiveness to tourists and other visitors. 5 }low is the use in harmony with the uses permitted by right in the district? The proposed use will not restrict the current uses or other by-right uses available at this prope, rty or by-right uses on any other property. 6. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply here? None of the additional regulations provided in Section 5.0 appear to be applicable. 7. How will this use promote the public health, safety and general welfare of the community? The proposed items for display will promote the public heath, safety and general welfare of the community by offering the proposed items in an area where the safety of the public will be maximized. The plants, shrubs and trees that will be sold require extensive sunlight and water, and displaying them outside the store will make it easier for Food Lion's customers to purchase the products without bringing them into the store where water and dirt may spill onto the floor and create a hazard for the customers. This also makes it less likely that any fungus, bugs or insects that may be in or attracted to the plants will enter the store and contaminate the food products. Describe your request in detail and include all pertinent informatiOn such as the number of persons involved in the use, operating hours, and any unique features of the use: Food Lion, LLC proposes to exhibit outdoor displays of certain seasonal plan~; items at its store located at 32 Mill Creek Drive in the Southside Shopping Center, which is adjacent to Avon Street. The items proposed for display include, but are not limited to, such things as bagged shrubs, potted azaleas, flowering hanging baskets, and Christmas Trees. More specifically, the display items would be substantially similar to th°se On the attached chart. Each item is displayed for certain seasonal months of the year in a designated location either'in front of the entrance or to either side of the entrance. \\REA\29011.1 7 ATTACHMENT D ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: FOOD LION AT MILL CREEK OUTDOOR DISPLAY APPLICATION TYPE: PRELIMINARY ADVISORY REVIEW FORA SPECIAL USE PERMIT Project # ARB-P(SP)-2001-01 Location SE comer of the intersection of Mill Creek Drive with Avon Street in the South Side Shopping Center. Parcel Identification Tax Map 77, Parcel 47 Zoned Planned Development Shopping Center (PDSC) and Entrance Corridor (EC) Magisterial District Scottsville Proposal Preliminary review of a plan to display seasonal landscaping items at ' i an existing grocery store. ARB Meeting Date August 6, 2001 Staff Contact Dan Mahon PROJECT HISTORY January 23, 1998: ARB F (SDP) 97-32 South Side Shopping Center: ARB approved a Certificate of Appropriateness for the construction of the South Side Shopping Center. This action was followed with approved revisions that related to lighting and signage. Currently seasonal plant items are being displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring all EC sites into compliance regarding outdoor storage and display. PROJECT DETAILS The App!icant seeks a Special Use Permit for the outdoor display of seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment A). Wooden pallets and moveable racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on either side of the front entrance and on the sidewalk along the front of the projected entranceway. ARB 8/6/01 Food Lion At Mill Creek Outdoor Display Prelim/nary - Page 1 ?0 ANALYSIS Site Development, Layout and Grading: The existing building is situated 125' east of Avon Street and 325' from Mill Creek Drive. The front of. the building faces Mill Creek Drive. No changes to the layout or grading are proposed. Safety issues will be addressed by the Planning Commission. Visibility of Display: Items displayed in the recessed walkway will be visible from Avon Street, with the east side of the entrance less visible than the west. Distance, existing landscaping, building orientation and topography help limit the impact of the display on the EC. The display of plants in the proposed areas would not have a negative impact on the EC. However, non-plant items such as bagged mulch and potting soil do have a negative impact, because of their sharp contrast with the red brick of the building, as illustrated in the photographs submitted by the applicant. Items proposed for display along the front of the projected entrance will be more exposed and more viSible from the Avon Street EC than those in the recessed areas. Context: The building to the north of the shopping center is the Calvary Baptist Church with a dark gabled roof and white walls. The Lakeside Apartments complex is situated to the north of the church. To the west of the shopping center, across Avon Street, is the Mill Creek residential development. Across Mill Creek Drive to the south of the site is a commercial development that includes a convenience store/service station/car wash. Landscaping: The existing landscaping appears to meet current ARB guidelines and corresponds to the plan previously approved. No new landscaping is proposed but most of the items proposed for display are plant items. Accessory StrUctures and Equipment: None are proposed. Lighting: No new lighting is proposed. Signs: No new signs are proposed but it is anticipated that pricing information will be included. RECOMMENDATIONS: Staff recommends that the ARB express no objection to the Special Use Permit subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in fi:ont of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ARB 8/6/01 Food Lion At Mill Creek Outdoor Display Preliminary - Page 2 ATTACHMENT E COUNTY OF ALBEMARLE Department of Planning & Community Dcvelopmem 401 Mcln tire Road, Room 218 Charlottesville, Virginia 22902-4596 {804) 296 -.5823 Fax (804) 972 - 4012 August 9, 2001 Valerie W Long McGuireWoods LLP P O Box 1288 Chad ottesville. VA 22902 RE: ARB-P(SP)-200'I-01 Food Lion at Mill Creek Outdoor Display ARB-P(SP)-2001-02 Food Lion at Branchlands Outdoor Display ARB-P(SP)-2001-03 Food Lion at Forest lakes Outdoor Display Dear Ms. Long: The Albemarle County Architectural Review Board reviewed the above noted proposals to display seasonal plant items at existing Food Lion grocery stores at its meeting on Monday, August 6, 2001. The Board. by a vote of 3-1, requested that the following comments be forWard to the Planning Commission: ARB-P(SP)-2001-01: Food Lion at Mill Creek Outdoor' The ARB expressed no objection to the Special Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. 2) 3) 4) 5) ARB-P(SP)-2001-02: Food Lion at Branchlands Outdoor Display - The ARB expressed no objection to the Special Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment A. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. 12 Page 2 August 9, 2001 ARB-P(SP)-2001-03: Food Lion at Forest Lakes Outdoor Display - The ARB expressed no objection to the Special Use Permit, subject to the following conditions: The.ARB expressed no objection to the Special: Use Permit, subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the 'purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. If you have any questions regarding this action, please do not hesitate to contact me. Sincerely, Daniel A. Mahon Planner DM/jcf Co: SP-2001-25 SP-2002-26 SP-2001-27 ARB-P(SP)-2001-01 ARB-P(SP)-2001-02 ARB-P(SP)-2001-03 13 ATTACHMENT F ATTACHMENT G Food Lion at Mill Creek Food Lion at Mill Creek FoOd Lion at Mill Creek ~7 September 28 2001 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road. Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4012 Valerie W. Long McGuireWoods LLP P O Box 1288 Charlottesville, VA 22902 RE: SP-200-027 Food Lion at Forest Lakes; Tax Map 46B4, Parcels 2 and 3 Dear Ms. Long: The Albemarle County Planning Commission, at its meeting on September 25. 2001, 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) 2) 3) 4) 5) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. Mark and maintain a pedestrian aisle (min 4' wide) along entire length of the store, excluding the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. Please be advised that the Albemarle County Board of SupervIsors will review this petition and receive public comment at th6ir meeting on October 17, 2001. 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, .'/~ Dan Mahon Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse Bob Ball Food Lion, LLC STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Dan Mahon September 25, 2001 October 17, 2001 SP-2001-027 FOOD LION AT FOREST LAKES Applicant's Proposal: The applicant proposes to display seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment C). Wooden pallets and moveable racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on either side of the front entrance and on the sidewalk along the front of the projected entranceway Petition: Request for a Special Use Permit to allow outdoor display of merchandise in accordance with Section 30.6.3.2 of the Zoning Ordinance, which allows for outdoor display in the Entrance Corridor. The property is described as Tax Map 46B4, Parcels 2 and 3, in the Rivanna Magisterial District and is situated 480' east of Route 29 North and 225' northeast of Timberwood Boulevard. The front of the building faces Route 29 North. Access is from Route 29 North and Timberwood Boulevard. Parking is located between'the 29 North EC and the front of the building. The proposed display area is along the front of the building. The property is zoned Planned Development - Shopping Center (PDSC) and Entrance Corridor (EC). The Comprehensive Plan designates this property for Regional Service in Neighborhood 2. Character of the Area: The buildings to the north of the shopping center are a convenience store/service station and a motel. To the west of the shopping center across Route 29 there is a bank, a convenience store/service station, a retail shopping center and a storage facility. Bank buildings and apartment buildings are also located nearby. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of the Comprehensive Plan and Zoning Ordinance Sections 31.2.4.1 and 30.6.3.2.b. Based on the Architectural Review Board's recommendation on this proposal, SP 2001-027 is recommended for approval with conditions. Planning and Zoning History: January 18, 1989: ZMA 88-16: Forest Lakes Associates: Approved with proffers associated with traffic issues. June 8, 1993: ARB P (SDP) 93-12: Food Lion at Forest Lakes: ARB approved a Certificate of Appropriateness with conditions. August 2, 1993: SDP 93-21: Food Lion at Forest Lakes Major Site Plan Amendment: Approved Currently, seasonal plant items are be!ng displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring all EC sites into compliance regarding outdoor storage and display. May 1, 2001: No: V-2001-132: Violation notice for outdoor display without a special use permit issued by the Department of Zoning. July 16, 2001: ARB-P (SP)-2001-03: Food Lion at Forest Lakes Outdoor Display - The ARB voted 3-I to approve the Special Use Permit, subject to the following conditions: 1) 2) 3) 4) 5) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment A. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be Stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing reformation shall not be displayed higher than three feet. Comprehensive Plan: This Site is recommended for Community Service in the Hollymead Community of the Comprehensive Plan. The Comprehensive Plan recommends community-scale commercial, professional, and office uses providing retail, wholesale, business, medical offices, small office buildings, mixed-use core communities and/or employment services in this service designation. STAFF COMMENT: Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance: The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adiacent property, It is anticipated that the outdoor display of seasonal plant items in the location proposed by the applicant will not be of substantial detriment to adjacent property. A combination of existing landscaping, the distance of the building setback, and topography limit views of this store from the EC. The store is visible from the EC just beyond the.entrance to Forest Lakes Market. The display of plants in the proposed areas would not have a negative impact on the EC. However, non-plant items such as bagged mulch and potting soil do have a negative impact, because of their sharp contrast with the red brick of the building, as illustrated in the photographs submitted by the applicant. Items proposed for display along the front of the projected entrance will be more exposed and more visible than those in the recessed areas. that the character of the district will not be changed thereby, It is not anticipated that the proposed use will change the character of the district, due to the commercial activity on nearby properties and the general commercial character of the area. The potential impact of the use on the character of the district has been addressed by the ARB. The ARB has expressed no objection to the use, with conditions, based on the Entrance Corridor guidelines. The conditions of ARB approval are incorporated into the recommended conditions of approval for this special use permit. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed this request for compliance with the purpose and intent of the Zoning Ordinance and the EC Overlay District. With the incorporation of the recommendations of the ARB, this use would be in harmony with the purpose and intent of the ordinance by minimizing visibility. with the uses permitted by right in the district, It is not anticipated that the proposed display will restrict permitted uses on adjacent property. with additional regulations provided in Section 5.0 of this ordinance, There are no additional regulations in Section 5.0 specifically addressing outdoor display. and with the public health, safety and general welfare. It is anticipated that the proposed use will impact the pedestrian safety if a minimum 3' wide aisle is not maintained along the entire front of the building. The apphcant's proposed display area includes an area in front of the projected entranceway that is approximately 3' wide and items placed in this area would require pedestrians to walk out into the designated vehicular travelway and would also interfere with the areas current use as a loading zone. Therefore, it is staff's opinion that the sidewalk along the projected entranceway should be maintained without displays to safely accommodate pedestrian movement. On-site vehicle circulation will remain unchanged. Otherwise, public health and general welfare will not be affected by this proposal. SUMMARY: This use is by Special Use Permit due to the use of outdoor storage and display in the Entrance Corridor. The Architectural Review Board has reviewed the request. Their action, which is included as Attachment F, expressed no objection to the proposed use, subject to conditions. Staff opinion is that the expanded use will have minimal impact on the district, if the ARB's conditions are satisfied. However, the ARB was not charged with reviewing issues of public safety. Those issues and resulting recommendations have been addressed with this review. Staff finds that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with the intent of the Zoning Ordinance and the Comprehensive Plan. Therefore; staff recommends approval of SP-2001,027 subject to conditions. RECOMMENDED ACTION: Staff recommends approval of SP-2001-027 subject to the following conditions. 1) 2) 3) 3) 4) 5) Items shall be displayed only in the areas of the recessed walkway in front of the store and not along the front of the projected entranceway. Maintain a pedestrian aisle (min 3' wide) along entire length of the store, including the area in front of the projected entranceway. No additional lighting shall be introduced to the site for the purpose of illuminating this display. Display items shall be limited to those listed in Attachment C. Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ATTACHMENTS: A - Location Map B - Tax Map C- Applicant's Letter With LiSt of Display Items D - Architectural Review Board Staff Report E - Architectural Review Board Action Letter F - Site Plan G - Photos of Current Display ~ R 0 Z"ET White ATTACHMENT A 38'15' TO LOUISA z/ 4 ALBEMARLE COUNTY ATTACHMENT B TIMBER WOOD BOULEVARD SP-2001-027 F~ood Lion at / SEE TAX MAP 32. FOREST LAKES Pe~s! A - To~eobO~l~,~ D.B. 105~ 509 For~ Ri~e SCALE IN FEET 5 - RIVANNA DISTRICT SEC'r'kur,~ Food Lion at Forest Lakes ATTACHMENT C Special Use Permit Application Questions: 1. Whatis the Comprehensive Plan designation for this property? Transitional 2. How will the proposed special use affect adjacent property? The proposed special use will not have an adverse impact on adjacent property. How will the proposed special use affect the character of the district surrounding the property? The proposed special use will not have an adverse effect on the character of the district surrounding the property. The property is located in a planned development-shopping center, and contains a variety of commercial uses. The proposed outdoor display items will consist of seasonal plants and trees that will be in keeping with the commercial uses in the same shopping center, and other commercial uses surrounding the property. }tow is the use in harmony with the purpose and intent of the Zoning Ordinance? The proposed special use will be in harmony with the purpose and intent of the Zoning Ordinance in that the items displayed will not be inconsistent with the goal of preservation of the natural and scenic resources, and the protection and enhancement of the County's attractiveness to tourists and other visitors. How is th e use in harmony with the uses permitted by right in the district? 'The proposed'use will not restrict the current uses or other by-right uses available at this property or by-right uses on anv other property. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply here? None of the additional regulations provided in Section 5.0 appear to be applicable How will this use promote the public health, safety and general welfare of the community? The proposed items for di splay will promote the public heath, safety and general welfare of the community by offering the proposed items in an area where the 6 safety of the public will be maximized. The plants, shrubs and trees that will be sold require extensive sunlight and water, and displaying them outside the store will make it easier for Food Lion's customers to purchase the products without bringing them into the store where water and dirt may spill onto the floor and create a hazard for the customers. This also makes it less likely that any fungus, bugs and insects that may be in or attracted to the plants will enter the store and contaminate the food products. Describe your request in detail and include all pertinent information such as the number of persons involved in the use, operating hours, and any unique features of the use: Food Lion, LLC proposes to exhibit outdoor displays of certain seasonal plant items at its store located at 1740 Timberwood Boulevard in the Forest Lakes Shopping Center, which is on the east side of Koute 29, just south ofProffit Koad. The items proposed for display include, but are not limited to, such things as bagged shrubs, potted azaleas, flowering hanging baskets, and Christmas Trees. More specifically, the display items Would be substantially similar to those on the attached chart. Each item is displayed for certain seasonal months of the year m a designated location either in front of the entrance or to either side of the entrance. \\REA\64537.1 ATTACHMENT D ARCHITECTURAL REVIEW BOARD STAFF REPORT APPLICATION NAME: FOOD LION AT FOREST LAKES OUTDOOR DISPLAY APPLICATION TYPE: PRELIMINARY ADVISORY REVIEW FOR A SPECIAL USE PERMIT Project # ARB-P(SP)-2001-03 Location On the east side of Route 29 North, just south of Proffit Road Parcel Identification' Tax Map 46B4, Parcels 2 and 3 Zoned Planned Development - Shopping Center (PDSC) and Entrance , Corridor (EC) Magisterial DiStrict Rivanna Proposal Preliminary review of a plan to display seasonal plant items at an existing grocery store on Route 29 North. ARB Meeting Date August 6, 2001 Staff Contact Dan Mahon PROJECT HISTORY June 8, 1993: ARB F (SDP) 93-12 Forest Lakes Food Lion: ARB approved a Certificate of Appropriateness for the construction of an addition to an existing shopping center. The original shopping center predates the ARB. Currently seasonal plant items are being displayed along the front of the Food Lion store without a Special Use Permit. This application is a result of efforts by the Albemarle County Zoning Department to bring all EC sites into compliance regarding outdoor storage and display. PROJECT DETAILS The Applicant.seeks a Special Use Permit for the outdoor display of seasonal plant items to include: trees and shrubs, bags of mulch and potting soil, bedding plants, tropical plants, and Christmas trees (see Attachment A). Wooden pallets and moveable display racks will be used to hold display items. The applicant proposes to display items along the recessed walkway on either side of the front entrance and on the sidewalk along the front of the projected entranceway. ANALYSIS Site Development, Layout and Grading: The existing building is situated 480' east of Route 29 ARB 8/6/01 Food Lion at l~orest Lakes - Page 1 l0 North and 225, nrotheast of Timberwood Boulevard. The front of the building faces Route 29 North. Access is from Route 29 North and Timberwood Boulevard. Parking is located between the 29 North EC and the front of the building. The proposed display area is along the front of the building. Safety issues will be addressed by the Planning Commission. Visibility of Display: Existing landscaping, the distance of the building setback, and topography limit views of this store from the EC. However, the store is visible from the EC just beyond the entrance to Forest Lakes Market. The display of plants in the proposed areas would not have a negative impact on the EC. However, non-plant items such as bagged mulch and potting soil do have a negative impact, because of their sharp contrast with the red brick of the building, as illustrated in the photographs submitted by the applicant. Items proposed for display along the front of the projected entrance will be more exposed and more visible than those in the recessed areas. Context: The buildings to the north of the shopping center are a convenience store/service station and a motel. To the west of the shopping center across Route 29 there is a bank, a convenience store/service station, a retail shopping center and a storage facility. Bank buildings and apartment buildings are also located nearby. Landscaping: The existing landscaping appears to meet current ARB guidelines and corresponds to the plan previously approved. No new landscaping is proposed but most of the items proposed for display are plant items. Accessory Structures and Equipment: None are proposed. Lighting: No new lighting is proposed. Signs: No new signs are proposed but it is anticipated that pricing information will be included. RECOMMENDATIONS: Staff recommends that the ARB express no objection to the Special Use Permit subject to the following conditions: 1) Items shall be displayed only in the areas of the recessed walkway in front of the store and along the front of the projected entranceway. 2) No additional lighting shall be introduced to the site for the purpose of illuminating this display. 3) Display items shall be limited to those listed in Attachment A. 4) Storage of bagged mulch and potting soil shall be limited to the recessed display areas on the sides of the entranceway and not be stacked higher than three feet. 5) No new signage associated with this use shall be permitted. Pricing information shall not be displayed higher than three feet. ARB 8/6/01 Food Lion at Forest Lakes - Page 2 Subject: Reading List for November 14, 2001 Date: November 8, 200 ! September 19, 200 I September 27(A), 2001 October I0, 2001 Mr. Dorrier Ms. Thomas Mr. Martin /ewc