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HomeMy WebLinkAbout1992-09-16 (2) FINAL Septelllber 16, 1992 Roolll 7, County Office Building 4:30 P.M. 1) Call to Order. 2) Work Session: 3) Other Matters 4) Adjourn. Recycling Pro~. Not Listed on the Agenda from the BOARD. 7:00 P.M. 1) Call to Order. 2) Pledge of Allegiance. 3) Moment of Silence. 4) Other Matters Not Listed on the Agenda from the PUBLIC. 5) Consent Agenda (on next sheet). 6) Public Hearing on an ordinance to amend & reenact Section 2.1-4(b) of the Code of Albemarle known as the "Totier Creek Agricultural and Fores- tal District" by adding 3 parcels totalling 1392.220 ac located between Scottsville & Howardsville, N of Rt 723/Rt 626 & W of Rt 627. Review date for the entire district is June 20, 2001. The existing district contains 7246.52 ac. 7) Public Hearing on an ordinance to amend & reenact Section 2.1-4(k) of the Code of Albemarle known as the "Lanark Agricultural/Forestal Dis- trict" by adding 32 parcels totalling 4625.885 ac located in the Carters Mtn area on Rt 795, Rt 727, Rt 627 & Rt 20. Review date for the entire district is April 20, 1998. The existing district contains 996.05 ac. 8) Appeal: SUB-92-097. Brook Ridge Preliminary Plat. 9) SP-92-53. St. John's Episcopal Church (owner), Elaine Clark (applicant). Public Hearing on a request for a day care on 5.35 acs zoned RA. Property on N sd of Dick Woods Rd (Rt 637) approx 800 ft E of Miller School Rd (Rt 682). TM73,P20&20B. Samuel Miller Dist. (This pro- perty is not located in a designated growth area.) 10) CPA-90-03. Wendell Wood. Public Hearing on a request to amend the Albemarle County Comprehensive Plan by changing the land use designation from Industrial Service to Regional Service and High Density Residential on approximately 125 acres of land west of Route 29 and east of Route 606 in the Hollymead Community. 11) Loan Request - East Rivanna Volunteer Fire Department. lla) Discussion: Meadow Creek Parkway Information Meeting. 12) Approval of Minutes: November 13, 1991. 13) Other Matters Not Listed on the Agenda from the BOARD. 14) Adjourn. CONSENT AGENDA FOR APPROVAL: 5.1 Statements of Expenses to the State Compensation Board for the Department of Finance, Sheriff, Commonwealth's Attorney, Regional Jail and Clerk, Circuit Court, for the Month of August, 1992. FOR INFORMATION 5.2 Statement Showing the Equalized Assessed Value as of the Beginning of the First Day of January, 1992, of the Property of Gas and Pipeline Distribu- tion Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1992 (on file in Clerk's office). 5.3 Statement Showing the Equalized Assessed Value as of the Beginning of the First Day of January, 1992, of the Property of Telecommunications Compa- nies in the Commonwealth of Virginia and the State Taxes Extended for the Year 1992 (on file in Clerk's office). 5.4 Statement Showing the Equalized Assessed Value as of the Beginning of the First Day of January, 1992, of the Property of Water Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1992 (on file in Clerk's office). 5.5 Statement Showing the Equalized Assessed Value as of the Beginning of the First Day of January, 1992, of the Property of Electric Light and Power Corporations in the Commonwealth of Virginia and the State Taxes Extended for the Year 1992 (on file in Clerk's office). 5.6 Letter dated September 27, 1992, providing notice of a triathlon to benefit the Lake Monticello Fire and Rescue Squads scheduled for September 27, 1992. 5.7 Copy of letter dated September 8, 1992, addressed to Ray D. Pethtel, Commissioner, Department of Transportation, from Robert W. Paskel, Division Superintendent, Albemarle County Public Schools, re: Closing of Bridge on Route 671 over Moorman's River. 5.8 Monthly Bond and Progress Report for Arbor Crest Ap&rtJnents (Hydraulic Road ApartIIlents) for the month of August, 1992. 5.9 Albemarle County Service Authority's 1993 Annual Budget. / l\{' MAPLE GROVE CHRISTIAN CHURCH (..A_ L'l'-(' /!_-- 'l/I;Jt/.2 ?{/~ (DISCIPI_ES OF CHRIST) Proffit Road - Route ,1, !3ox 9(, - Chc~loltesville. Virginia 22901 C:.:, f:~~ CE ~ \/ E.: [) July 30, 1992 AUG 0 3 1992 ~.J~.}\;'.:: ~:.., C~~':~:~T. Mr. William D. Fritz Ser'lior Planner De artment of Planning & Community Development Conty of Albemarle 40~ McIntire Road Charlottesville, VA 22902-4596 Dear Mr. Fritz: Re: SUB-92-097 Brook Ridge Preliminary Plat We, -the undersigned Trustees of Maple Grove Christian Church, op ose the subdivision plat referred to above. It is our re~ommendation that the preliminary Brook Ridge Subdivision plat no be approved for the following reasons: ~. o The Brook Ridge plat is not compatible with all other land developments off State Route 649 in that the density is too high. o No common area is available for use by all property owners. The lots are very small and no common area is provided for use by children. o The preliminary plat will result in traffic congestion on a section of State Route 649 which is not currently adequate. o The size of the proposed lots will not provide adequate space for automobile parking. o The preliminary plat does not future intended use of the Surrounding properties drain future development would be adjoining property owners. adequately identify the 2.2 acre Buffer Area. into this area and its a maj or problem for all .' M William D. Fritz - 2 - July 30, 1992 Based upon these reasons, we recommend that any development on this land provide for the following: o A ten (10) foot buffer around all sides of the property. This is a common requirement for other developments in this area. o The 2.2 acre Buffer Area on the preliminary plat should be deeded to the County and dedicated as open space. o The developer should be required to provide sidewalks. We sincerely appreciate your consideration of our requests. As an adjoining property owner, we are confident that approval of t s preliminary plat as submitted would have a negative impact on property and create a further problem for the County of emarle. Respectfully submitted, Rby ,,' ./'J.' <// ,Ie, Robert E. ') /./ I/' ,g'.:LP/2/'L--L"l.-/L Herring, Trus ee (. ( . //1 ( oliver L. McCauley, July 30, 1992 '"'"'r- ,,,,,>,r-. :~f'!""D ' " . <,;~:~' l t:. AUG U 3 1992 -....~ q ~ ~f. ".~" tt-, D::r~T I .'1 a ~ \ :~.' \1/.., ': t I' :'~..Al1 ),J.':; ~\... ..- .. Mr William D. Fritz Se ior Planner De artment of Planning & Community Development Co nty of Albemarle 40 McIntire Road Ch rlottesville, VA 22902-4596 Re: SUB-92-097 Brook Ridge Preliminary Plat De r Mr. Fritz: We, the undersigned residents of Albemarle County, oppose the su division plat referred to above. It is our recommendation that th preliminary Brook Ridge Subdivision plat not be approved for th following reasons: Ii' o The Brook Ridge plat is not compatible with all other land developments off state Route 649 in that the density is too high. o No common area is available for use by all property owners. o The preliminary plat will result in traffic congestion on a section of state Route 649 which is not currently adequate. o The size of the proposed lots will not provide adequate space for automobile parking. o The preliminary plat does not adequately identify the future intended use of the 2.2 acre Buffer Area. Based upon these reasons, we recommend that any development on this land provide for the following: o A ten (10) foot buffer around all sides of the property. Mr. William D. Fritz - ~ - July 30, 1992 o The 2.2 acre Buffer Area on the preliminary plat should be deeded to the County and dedicated as open space. o The developer should be required to provide sidewalks. We sincerely appreciate your consideration of our requests. Th approval of the preliminary plat as submitted would have a ne ~tive impact on our neighborhood and create a future problem for th County of Albemarle. Respectfully submitted, 1. " '" 'ltl POf~ aw//&r 2 . 4 8 . 9 . Ij' 10. 11. /!! ""'~/ h ( ; ::J},) d 1/ tf1.,/ 12 .17L- (12,< ___ C' J'/\;~' r'rl. ~~'-u/I-L-{~ /{/ " l' / . 1 / /1 ..-;' / ~-? ,( ~ 13. ~~~~~ ~~~ /~'-r' 14. /--<.~/".. ~C~C:d{ a---- 15. /) vI c::a" ~) . 'J! 16. C~,~,:zA ';'~.' ('---Y/ (4/ ~ )/' 17 .,,~-U,./~;<. Cr ,/,h? /( 'L-_ 18. ~ /.L Ct,,-,,) (r J. /Jl.rt<{ ; ,-(',t d I) t1 ' 19. l 41.J /" p, . I, ) ,; ..-----~. - '4~---u ~'( ./) 2 0.\ .." / . / L{/. " "7 , '-- . ',. '/ .' Mr William D. fritz - J - July 30, 1992 22. / - It-0Z/l / ; aJl! 13 ~J~ ~~-1 I I ..r... 23. ~ (!!~ 24. ~ sflQ nU1)LwJ~S)[) 25. ({jditfo ct At A;; 26. ~-CI) llJO f'\{,~ ' 27. '0 ~"~/;.'/ : '\ ' (C;-J"; " ' 28. ~,-Q u, J q--l, 2 9. /JCL-Co a" \-(ic-(.,'~'- 30. -b~c' :['J,o j; .' J f\, ) \ V ,'. ---- C) ) I '- (I I:~, " A f ( 3 1 . ,A. '-- \ /I- ",- <- ' , . , " :::~~ffi,~ v, ~7>) I~ 349 , ',-Y I I 1 uA/(\/J~ , 35. qa~~ 7'7)/>;J/rm/Yl) 3 6 .~J~" Ci' YJvr ,r.~.~~../ L 0/ 37. " v . " 40. 41. . /.il:, ,:.) (\ 42. 1\ ~.." <~ {: rlrJ1/~ 43,' c1f!"" A-, (,v,i, t/4-v( 44 . .5r/./71!f/'L-t< (~/~'vtA / ,,' 4 5 . I~u---a A [1.11 /1 /.~ . -'/ , (7 lJ'l L7 I /) t:.. ~ I 46 . c--VZ, v/)c.{' S }. J ./L '7~' /\ ~ \JV . () /L) ----;- 47. ~/j ( ,t2: :/~e11 (c t... 4 8 ~..-r-rA-~ -\?{.\--;IJ~ ,~I //'vt ':r~/'---~ . "T ! ), I ,I P4. 49 .j. .lc\\~\\ 1, T/, "\".' "L' ~ /...\ . " , ) / - / . // , ". '(' j 'I ) ~. 50 j ,/ 1(,',' 1/;' " ; / ,( 1____ / / /) / ,/ ,/ Mr william D. Fritz ~' - .1 - July 30, 1992 53. 58. 59 ~ 60. . .. 62. C/C-;lL-i / " 63. I (,i..J0L. 64. cYZMA'~ ~. t~J(1L"~ 65. {~/eL(,\LJ-'1-_/ /l ,1 LC{~~vfe~? 66. ULt,ILL k &, 71\ I:! t (1. (..z1~/L r 67. -If -e ~ 68.\cfY!.m}(! /,}lj.) r(\~h!1 j-+~F;L~ -' / I ~ ' I t'1 '\ . L I -/ \ '" 69. - r"/ ~}) ((~), (,. '; ~ , ----------j ;.:( (,/,~. ~ , ;; 72. 75. 7 6. (\ r v \ 'I n () , ) 77. (),,,-^,ij' ~ . f\\ (\ ), ;^J,rJ j/'/~ 78. 'WJ~Afj '/fy-l!LL 79. ":-1~)l.il,.(~, (,<C{C<-(..-,/ 80. C ,Q\;l.'/)\\ \ (' \"\" , ."f r_? :..." r':~ i-~~,~ l t, f':,~: ~~r. , ~'\., It August 3. 1992 AUG U 3 1992 epartment of Planning ounty of Albemarle p1 Mcintire Road harlottesville, VA 22901-4596 ;j,l..f\ij}~-<~;\<~-.~ t~,Cr~T. Re: SUB-92-097 Brook Ridge Preliminary Plat ear Planning Commission: I the undersigned adjoining property owner and resident appose the subdision plat ferred to above for the following reasons. The Brook Ridge Plat is not conducive with any of the other land developed off Route 649 as e density is to high, For adjoining property owners no buffer area is allotted for privacy to said individuals, The size of the plats does not provide any area for children to play, resulting in invasion of ~joining properties, and furthermore there will not be ample parking spaces for vehicles, This plat does not provide sidewalks for residents for safety along the streets, Current traffic on Route 649 at present is extremely high and this will add to the problem, Most of the property owners in the neighborhood have invested their life savings in their operty and the high density of this development will only result in the devalue of the property in is area, I,' Based on the above as an adjoining property owner and resident I feel the following ~ould be considered: , The size of the lots be increased to provide ample space for parking and yard space for l1ildren to play in their own front and back yards, , An additional 10 feet of buffer area between this proposed development and adjoining roperty owners and a fence installed, , A developement of this density should not be built in a neightborhood this close to current I>sidents but should be in a set back area like Forest Lakes, In summary it is felt by everyone I have talked to in this neighborhood, and I have talked D many, that all this developer has in mind is to make a lot of fast money and get out leaving ur community with a possible ghetto This could lead to high crime and this we do not want or eed, ommen\: In 1985 I purchased this adjoining property: As a retired individual I was looking for a uiet neighborhood to live out my golden years, and with the proposed development this will all e elimintated and this applies to other residents also. ,d ///.ii ~ ~;;.vr.~<-~ It} L~ Franklin 0, Jones Adjoining Prope wner/Resident . . '.. I M 3fj/ ?92 -',I;"" .......\":' \', lr: 'D '<.".,tJ<._: -' ,~ ~\UG U '3 1992 1{~,O~ 1). :f~ k~ f?JZ.~ . , ','''-:' r;f'P1. =;..1 : . ~. . ~'l'.';. \ ~ '" ... . ~ f..... :"'- j)[: 5,,8 - 92- () 'i 7 g4-~ fi'.;jpv .f~ f1d.. 0(' ~J +- Ja~~ tf jJl-e. ;Jfi~![:m~ .1Jl~~.~4J ~ ,/!~ r, il4/ ~ ~~ JurJ; ~-<// I.kJ ~ ~,fld a<!/ J~~ ~. ~.l ~J/ J.~/ ~/ fiY~:Y r~ Ovvt-J! l2~--Y~'-_/rn_2-~v0 - }. ('01 5' u JJ .. oj ;lL.'.cJ /Vh.A.'L ~~/ .M4.1A J~ ~Q~ 0. ~YA//f:-"~ ~ h<L if oJ- ~4bf Jujt , ~ c[u.Q<2/ ~;f 4~ ~. ;t:l~ P 1vT; -1. /?~J t~.-L' ./,"J{Jl~^- eci P"'d~j .dffl....<J24'~ ..J!C~ k~~,z, (Y-u-y.J2~v . 3, pjJ do--w/ /'-~J ~ Jd7 ~-;./ ~ c..~'><./' 'f --f CVG). ~"--W h<h'.Z."<'/, ,J /U/71~c-f ~~h--;to C&v--vY~ 1~~ if-nA .~ ~--J ~~ ;lj!-d- ~ ~ /O'P~ chv O-'-'l';f/ 1,1 9.2 .. J~'-~'Q , .f) {~Jj::af/ .::/. r ~-71'L-c-rrL/ ,Ii Mr. william D. Fritz - 5 - , ( I v ~/' 81.U~ A'~A7711 C. /~~ 82. --1.(c/--?~~ / ~ZC 8 d'cf~--c;Ae,,,,, Ci )/<t:cf/ 84. 85. 86. 87. 91. 92. 93. 94. 95. 96. Ij' 97. 98. 99. 100. July 30, 1992 . '" County Share State Share Total PARTMENT OF FINANCE: istl// f~bf!/f/ 9/)-~ .2-S- /6'a/6 ~:~4 3;/~/j/ 3/G:// GIONAL JAIL: / 7/fcJl 7/ / ;~Jt7~ 3,31' ff ?? / COURT: -13/f(<f/j/ , I'ATEMENTS OF EXPENSES State Compensation Board Month of Auqust, 1992 PARTMENT : ,":; I,., J q-j/.~Gl? 92. ' Octfla (S-l I) te: Expenses listed above are only those office expenses in ich the State Compensation Board has agreed to participate, and e not the total office expenses of these departments. I MOTION: Mr. Bain SECOND: Mrs. Humphris MEETING DATE: September 16, 1992 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provi- sions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 requires a certification by the Supervisors that such executive conformity with Virginia law; of the Code of Virginia Albemarle County Board of meeting was conducted in NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mrs. Humphris, Messrs. Perkins, Bain and Bowerman. NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING VOTE: None. ABSENT DURING MEETING: Mr. Marshall. (. ! r ( -- (~jC/~_ ( \_ C lj " {~"--/t l Senior Deputy Clerk, Albemarle C~unty Board of Supervisors " ;,.-, 9- /1-92 ({i~"Q97~l;' & ) /~.f_ Se terQber 27. 1992 I 18:00 a.m. Swim - 1_5k Bike - 42k Run - 1 Ok , \.') Albema Ie County Board of SupervIsors 401 Me htI re Road Charlot 'esvIlle, VA 22901 The De l/Irtment of TransportatIon has been contacted to provIde permISSIon to allow t Ie use of the publlc byways for the use of a trIathlon, for the benefit of the Lak ' MontI cell 0 FIre and Rescue Squads. The race 1 s scheduled for Seepte 'ber 27, 1992, beg1nn1ng at 8:00 a.m.. The tr1athlon, cons1st1ng of sw1mm hg, b1cycllng and running, wll1 be held with1n the conf1ne of Lake Monticelllo, except for the bIcycllng port10n. , , The b1c icllng portion wIll begIn about 8:30 a.m. and wll1 ut1l1ze roads 1n both Fluvann and Albemarle Count1es. A race map 1s attached for your reference. The las bICycllst wIll be done with that portIon of the race by 11 :00 a.m.. There pl be about 400 athletes of all ages and abllH1es partlcIpating In th1s race. T ' ensure the1r safety, there will be support and ambulance vehIcles leadI ng $nd tralling the racers, as well as beIng stationed throughout the course. ~ourse marshals wlll al so be stationed throughout the course and the cr1tical ~ntersections will be controlled by police officers. We are iontacting all pOllee agencies, fire and emergency agenci es, and affected governi 19 bodi es as required by the Deapartment of Transportat i on, so as to provide the safest sporting event possIble. Our efforts have proven safe and enjoyab Ie In year's past whlle also raising several thousands of dollars for the , Rescue quad. I As al w IYs, we look forward to worki ng with you. Pl ease feel free to contact me if I ~n be of servi ce to you. hilti' a Si..azt HaE'peF - Diredon 1180f. 979-249& I ''Jig-1M 1M P .0.Boz 5512 C!IIa.dotbnille. 'fa. 22CJII5 .- ~(~~~ ~~ :: ci ~ :I _C7'-CI "":c:rn=ri ~;.~,gCl ;g~:r.~ n n-"'C ....~.,~c 0. ~.c::. C7' ., n n :::. = _ ClI =n = =. ~ :::.., ::::J c n u ~ ~~:~~ ~~;~~ co ~~~~~ X" ::J n '" ~ ..c:.<__- CI C'I "" n c: _..c o::r 0 ~~~:: ~ n..e c:I c: ~ U'1 _(::1_"= CD 3 c>> Q,. CA ::r :....:: n c ~ 0 -. CI 3 - C'C :'o:..n n Ul .., .., = a n ;;~~~; .., __ - "0 ~~.~~~ = ~ ~ ~~ g ~ ..,' ~ e- YI nO. ~~~-i UI ::J ~ t'lI ~ 5 ~ ~ " c._ C :7 ""'I ::J :I~~~ _"c. ;~3~ n"Cltc. o =' .., C't C " .., ". " " " ;;' (') :r: ~ ", r- 0 -I -I m IJl < (') - r- 0 r- c: m ", ttl (J) c: m c r- r- ~ - " 0 :r: CD c: -I -t -t ", - ~ =' :r: - r- " 0 , m z : I (') j 0 c: ", IJl m ~ 0 () :r: > :0 r 0 ~ ~ m (f) < r r :0 m 0 c ~ m m -'- CD IS ~~ c." ",;; ... .., ~ " _" ".= ... " _" c " .., " '" - ,- .. ". .., " " C <Jl '" - c." .., ~ " .... -'"" " - :-:. ~ =: ~ "tJ c..=.,:' _u"'< :I. Q,,:' ~; ~.~ _::::J := a C'I C'I..a ca "'Cf_Q" n .., :r I " C'I " ~ " ~ ;.~i]- ::!'~ ~:.~~ n CA ., .., I'll 0 ..,- ~. ~ ~. ~ " a. ~ ? ~ ;.~ :> ~~~ ., C'I=-<! ~ C'I _.n "O~( ;Q c: :z. n Cl c: ;Q r.n I'T1 o m r.n n ;Q -C ~ Cl ;Z m Z -t ", ~ Z (') m J, ~ o :0 () :r: ~ o z o ""- '" . r";"'C'r!' \'0.__,_' Q-II-c-l1 t/;;;~r;,..iltC...: to t):__",'_, U, ..---...., ~~...".._~....p.. C1Z /'{J I I (S. '7 ) AEC-rti? :~:~:' :~,'}. ..,__I__~.:_.t.__~/~~~..__...,.' " ALBEMARLE COUNTY PUBLIC SCHOOLS Office of the Superintendent 401 McIntire Road Charlottesville, Virginia 22901-4596 >- ~ -, ) September 8, 1992 M . Ray D. Pethtel, Commissioner D partment of Transportation 1 01 East Broad St. R chmond, Va. 23219 Mr. Pethtel, The purpose of this correspondence is to express my deep ncern about the way in which Albemarle County Schools were tified about the closing of the bridge on route 671 over orman's River. On Thursday, September 3, 1992 the Chairman of e Board of Supervisors, David Bowerman, received a facsimile of communication from you informing him of the proposed closing of e bridge due to significant deterioration. While your letter ated "no doubt the bridge will have to be closed in the near ture", it also stated that the bridge had been posted at 3 ns, making it impossible for a school bus to traverse. Your letter also stated that "since there may be some hool bus traffic involved, I felt we should let you know as on as possible so school buses are not scheduled for this hool year." While I am grateful for your concern in notifying e school division, I am extremely concerned about the timing volved in your decision and notification. School throughout e Commonwealth of Virginia began today, September 8, 1992. By n tifying us of the necessity to reroute buses late on September 3, you caused a great deal of confusion and concern. Your action r sulted in over 50 students having to either be rerouted or c anged to other buses. Please be aware of the fact that bus s hedules are established early in the summer and parents were n tified of bus assignments several weeks ago. My concern is that if the bridge were deteriorating at the te you spoke to in your letter, the notification of the posting 3 tons and t~e potential closing could have been decided upon "We Expect Success" / .. .. ~eptember 8, 1992 ~ge 2 lich earlier than September 3. I, as Superintendent, have yet to ~ceive any direct communication from your office. Had the hairman of the Board of Supervisors been out of town, the otification may never have reached the school division in time o make any changes. I trust that you will accept this expression of concern as a fquest for your department to be more cognizant of the results f decisions of this magnitude and the importance of early 0tification. Should you wish to discuss this matter with me urther, feel free to contact me at (804) 296-5826. Thank you or your attention to this matter. Sincerely, .7 v.z; , Robert W. Paskel Division Superintenden WP/ac ';"920908 c: D. Bowerman, Chairman, Board of Supervisors R. Tucker, Jr., County Executive P. Moore, Chairman, School Board C. Hastings, Asst. Superintendent W. Smith, Director of Transportation III ~~~fh <. ~~l~~r~ Street Suite 1540 Baltimore, MD 21202 410-659-7500 ~ September 14, 1992 r. Bob Richardson ovran Bank, N.A. ost Office Box 26904 ichmond, Virginia 23261 e: Arbor Crest Apartments (Hydraulic Road Apts.) ear Mr. Richardson: nclosed please find the Bond Program Report and Monthly Report ursuant to Section 7(a} of the Deed Restrictions for the month f August 1992. f you have any questions, please do not hesitate to contact me t 410-659-7500. incerely, ~,,-fJ }ylt~~,~,~~ /'fJ ~ f (/Y'1 heila H. Moynihan roject Monitor shm nclosures cc: Ms. Lettie Neher Clerk of the Board of Supervisors Albemarle County Office Building 401 McIntire Road Charlottesville, VA 22901 - I .... Effective August 31, 1992 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TC ABG Associates, Inc. 300 E. Lombard street Baltimore, Maryland 21202 RE Hydraulic Road Apartments - Aroor Crest Apa.rt:Jrents Charlottesville, virginia Pl ~suant to Section 7(a) of the Deed Restrictions (the "Deed R~~trictions"), as defined in an Indenture of Trust dated as of A Iril 1, 1983, between the Industrial Development Authority of A pemarle County, Virginia (the "Authority"), and your bank, as t ~stee, the undersigned author ized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited P rtner ship, (the "Purchaser"), hereby cert if ies with respect to t e operation and management of Hydraulic Road Apartments, C arlottesville, Virginia (the "Project"), that as of the date s own below: 1) The number of units in the Project occupied by lower income tenants is 15 . 2} The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3} The number of units rented and the number of units held available for rental other than as described in {l} and {2} is 51 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of un its in the proj ect is 23% 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. N WITNESS WHEREOF, the undersigned has signed this Report as of September 4, 1992 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~~ 14qa:zz- Authorized Representative Prope"Y: BONO PROGRAM R~PORi Mont" August Y N' ..l.22l Number 01 Unit. September 4, 1992 Effective 8/31/92 OaT. Total Occupied Bond Occupied 051-35371 66 bor Crest Apartments arlottesville, VA Loretta Wyatt M.M~r (H draul ic Road A ts.) Proj.ct.: 66 15 g units h.~ been d~SlgNlt.d as "lo-.1r Income" un.ts 1 Crest Dr. 2t Eleanor Blair 41 81. 2 4 Crest Dr. 22 Margaret Q. Sandford42 62. 3 5 rbor Crest Dr. 23 Fannie G. Tisdale 4) 6.), 4 9 rbor Crest Dr. 24 Virginia Burton 4.4 84, ~ 12 rbor Crest Dr. 2~ G. Robert Stone ..~ 6~, 6 14 rbor Crest Dr. 26 Evelyn Dover 46 M, 7 . 15 rbor Crest Dr. 27 Jane Wood 47 87, a 20 rbor Crest Dr. 28 Evelyn Mandeville 48 6a 9 24 rbor Crest Dr. 29 Gertrude Breen 49 69, 10 78 rbor Crest Dr'30 Ernest M. Nease ~ 70, t, 84 rbor Crest Dr. 3t Juanita Boliek ~1 71. 12, 90 Arbor Crest Dr'31 Florence Wheeler 52 72. 13 94 Arbor Crest Dr.)) Sarah E. Fischer 53 73, 14 102 Arbor Crest Dr')4 Anne Lee Bullard 5-4 74. 15 106 Arbor Crest Dr'35 Katherine T. Nowlen 55 75, 16 36 ~ 76, 11 :11 57. 77. lIS J8 56, 78. 19 39 59 78. ~'O 40 60 &0. T ne en. S Irom pI e't"ouS repOI\ ,,.Ileeted in th. abOve hsllng .r. Oelellona AddlUon.a .t " , 1.- , " 2 12 2 12, 3 ,) 3 '3, 4 14 4, 14, 5 15 5 15. 6 t6 6 16. 7 17 7 17. I ,a 8, la" , 19 9 It. to 20 10, 20. _ ( .J ....; ) ALE EMARLE COUNTY SERVICE AUTHORITY p,O, Bcbx 1009 401 MciNTIRE RD. CHARLOTTESVILLE, VA 22902 (804) 296-5810 September 11, 199~ <, Lettie Neher, Clerk Board of Supervisors County Office Building Charlottesville, VA Dear Mrs. Neher: Enclosed please find the Albemarle County Service Authority's approved 1993 Annual Budget. I have enclosed copies for each Board member, Bob Tucker, one for yourself and an extra copy for the files. Please distribute accordingly. Thank you. Sincerely, (]\ UJC,- V-\(:tC KJ.f( Lisa Thacker Secretary o R DIN A NeE An Ordinance to Amend and Reenact Section 2.1-4(b) of the Code of Albemarle known as the "Totier Creek Agricultural and Forestal District" BE IT ORDAINED by the Board of Supervisors of Albemarle C unty, Virginia, that Section 2.1-4, subsection (b) known as the " otier Creek Agricultural and Forestal District", of the Code of A bemarle, is hereby amended and reenacted to read as follows: (b) The district known as the "Totier Creek Agricultural and Forestal District" consists of the following described properties: Tax map 121, parcels 70, 72C, 85; tax map 122, parcelS; tax map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 29A, 30, 72; tax map 129, parcels 3, 4, 5, 6, 6A, 7A, 7D, 9, lOA; tax map 130, parcels 1, 4, 5, SA, 7, 7A; tax map 134, parcels 3, 19; tax map 135, parcels 7,10,11. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w iting is a true, correct copy of an ordinance adopted by the Bard of County Supervisors of Albemarle County, Virginia, at a r gular meeting held on September 16, 1992. c~~q(~erVisors o R DIN A NeE An Ordinance to Amend and Reenact Section 2.1-4(b) of the Code of Albemarle nown as the "Totier Creek Agricultural and Forestal District" C BE IT ORDAINED by the Board of Supervisors of Albemarle nty, Virginia, that Section 2.1-4, subsection (b) known as the tier Creek Agricultural and Forestal District", of the Code of emarle, is hereby amended and reenacted to read as follows: " (b) The district known as the "Totier Creek Agricultural and Forestal District" consists of the following described properties: Tax map 121, parcels 70, 72C, 85; tax map 122, parcelS; tax map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 29A, 30, 72; tax map 129, parcels 3, 4, 5, 6, 6A, 7A, 7D, 9, lOA; tax map 130, parcels 1, 4, 5, SA, 7, 7A; tax map 134, parcels 3, 19;tax map 135, parcels 7, 10, 11. * * * * * . , ' , c/ G vJ 1-.< l-( STAFF PERSON: PLANNING COMMISSION MEETING: BOARD OF SUPERVISORS MEETING: MARY JOY SCALA August 18, 1992 September 16, 1992 ADDITION TO TOTIER CREEK AGRICULTURAL/FORESTAL DISTRICT Puroose: The purpose of an agricultural/forestal district is "to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of foods and other agricultural and forestal products..." and "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes." Factors to Consider: The following factors must be considered by the Planning Commission and the Advisory Committee, and at any public hearing when a proposed district is being considered: 1. The agricultural and forestal significance of land within the district and in areas adjacent thereto; 2. The presence of significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local developmental patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. Effects of a District: 1. The proposed district provides a community benefit by conserving and protecting open space resources such as forests, farmlands, stream valleys, wildlife habitat, cultural and aesthetic resources. 1 . '" 2. The landowner receives certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition) to protect the agricultural/forestal use of the land. In exchange, the landowner agrees to not develop his property to a "more intensive use" during the specified number of years the district is in effect. * Since Albemarle County currently permits all types of use value assessment, a district designation may not provide any additional real estate tax reductions. Land in a district is protected from special utility assessments or taxes. 3. Future land use decisions must recognize the agricultural/forestal district. The district may have no effect on adjacent development by right, but could affect proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. "4. In general, a district may have a stabilizing effect on land use. The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area to remain in the agricultural and forestal uses. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent lands. Location: The proposed addition is located between Scottsville and Howardsville, north of Rt. 723 and Rt. 626, and west of Rt. 627. Acreaae: The proposed addition contains 1,392.220 acres in three parcels. The existing district contains 7,246.52 acres. Time Period: the original Totier Creek renewed last The proposed time period is the same as for district, or ten years from June 29, 1991. The District was established in 1983, and was year. AaricUltural and Forestal Sianificance: Land in the proposed addition is being used for agriculture (cattle, crops) and forestry. Sianiticant Land not in Aaricultural/Forestal Production: The use value assessment program is a good indicator of the actual use of the properties. All three parcels are enrolled in the program. 935.53 acres are enrolled under agriculture; 452.69 acres are enrolled under forestry; 4.0 acres are non-qualifying due to dwellings. 2 Land Uses Other Than Agricultural/Forestry: There are four dwellings in the proposed addition. Local Developmental Patterns and Needs: of large farms and scattered dwellings. for enrollment in a district. This area consists It is well suited Comprehensive Plan and Zoninq Requlations: This area is located in Rural Area IV in the Comprehensive Plan, and is zoned RA, Rural Areas. The nearest Growth Area is scottsville Community, a distance of about 4.5 miles east. Preservation of agricultural/forestal resources in the Rural Areas is a major goal of the Plan. The Open Space Plan shows this area to have important farmland and forestal soils. The floodplains of Ballinger Creek and Joe Creek are within the proposed addition. Environmental Benefits: Environmental benefits include protection of ground and surface water, wildlife habitat and open space. staff Comment: Staff recommends approval of the addition as proposed. Advisorv Committee Recommendations: The Advisory Committee at its meeting on July 27, 1992, recommended unanimously to approve the Addition to Totier Creek Agricultural/Forestal District as proposed. Planninq Commission Recommendation: The Albemarle County Planning Commission at its meeting on August 18, 1992, recommended unanimously to approve the Addition to Totier Creek Agricultural/Forestal District as proposed. . 3 TOTIER CREEK ADDITION AGRICULTURAL/FORESTAL DISTRICT Note: Parcels marked with an asterisk are not currently enrolled in the use value assessment program. Tax Map/ Acreage/ Parcel Total Acreage Owner Dwellings 128-29A 9.390 JWK Properties 0 134- 3 1330.490 JWK Properties 3 134-19 52.340 JWK Properties 1 TOTAL DWELLINGS 4 TOTAL ACREAGE 1392.220 , q.' '~I' /. ! ~ "\ / -t I ( ( \ ~ "'~, "---~ o N /' .. N on < ,/ ,/ )< / ;("-1-:1 "'<0\ )<( on/, / //x ")< , , United States Department of Agriculture Soil Conservation Service 401 McIntire Rd. Charlottesville, VA 22902 Mary Joy Scala, Senior Planner, Albemarle County J. Gordon Yager, District Conservationist, SCS Soils Report on Agricultural/Forestal Districts Addition to Totier July 27, 1992 oils are classified into eight capability classes with Class I eing the best and Class VIII having the most 1imitat{ons for gricu1tura1 uses. The following table gives a breakdown of apabi1ity Classes for the district. Capability Class II III IV VI VII otier 38% 26% 18% 13% 5% he following table gives the percentage of the district that is ,uitab1e for cropland, hay1and, pasture and forestry. Suitable for . Cropland Suitable for Grassland & Forestry Suitable for Forestry otier 64% 95% 100% very high percentage of this District is suitable for grassland nd agricultural uses. .. The So~ Conservation Service IS an agency of the Department of Agricultura II Addition to Totier Creek AGricultural/Forestal District - Consists of three parcels totalling 1,392.220 acres located between scottsville and Howardsville, north of Rt. 723 and Rt. 626, and west of Rt. 627. The addition must be reviewed with the original district, which has a time period of 10 years from June 28, 1992. The existing Totier Creek District contains 7,246.52 acres. Ms. Scala presented a brief staff report. There being no public comment, the matter was placed before the Commission. Ms. Huckle moved, seconded by Ms. Andersen, that the Addition to the Totier Creek Agricultural/Forestal District be recommended to the Board of Supervisors for approval. The motion passed unanimously. . . . ~,...- ~erk, Board of County Supervisors ~bemarle County, Virginia Agenda # roR IN OFFICE USE ONLY: For Zoning Petitions and Matters from Planning Office, the fol- ~owing materials must be mailed to the Board and corleJ.ated in ~he following order: ~etition No. d1 ---'- . / ~;Lc. It.t l.... I (, C~lh (: '_/C/ Petition Name pate of Hearing r t If , C {~'~" I'~ i' ,,"'; .L.~'"-)r~'"~' _ s.. I ~roffer Letter (If amended proffer is received before mail out, insert here.) Planning Commission Recommendation J' J?roffer Letter If Planning Commission action is conditioned on such a letter.) ~etter of Objection (on mobile homes, etc.) ,/ ptaff Report ~ocation Map (and any plats sent) ~ighway Department Comments ~etters from citizens Planning Commission Minutes If not available, insert note to that effect.) ~iscellanous Materials ~aterials which are NOT to be mailed include: . Letters to applicant and adjacent property owners stating date petition will be heard. ~. Letters giving continuous deferral dates. . Letters from Clerk or Planning Commission acknowledging letters rom the applicant, or his agent. ~ote: After Board Meeting, send to Planning a copy of any letters, eports, etc. received by the Board which were not also directed to he Planning Department. F rm.l 7 29/86 I l o R DIN A NeE An Ordinance to Amend and Reenact Section 2.1-4(k) of the Code of Albemarle known as the "Lanark Agricultural and Forestal District"a BE IT ORDAINED by the Board of Supervisors of Albemarle Ccunty, Virginia, that Section 2.1-4, subsection (k) known as the "Ianark Agricultural and Forestal District", of the Code of A bemarle, is hereby amended and reenacted to read as follows: (k) The district known as the "Lanark Agricultural and Ferestal District" consists of the following described properties: Tex map 90B, parcels 11, 12, 13; tax map 91, parcel 20, 21, 21A, 2 B, 31, tax map 92, parcel 64, 64A; tax map 102, parcels 33, 35B, 3-, 40, 40A, 40B; tax map 103, parcels 1, lA, 1B, 1C, 1D, 1E, 1F, 1e, 1H, 1J, 1K, 1L, 2A, 3, 5, 9, 10, lOA, lOB, 10C, 10D, 43. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing wliting is a true, correct copy of an ordinance adopted by the Beard of County Supervisors of Albemarle County, Virginia, at a regular meeting held on September 1.6.'.. 19..92. ~. o _ ~k ~G) ?/?!:tfft'l/ Clerk, Board of C6unty Supervisors t;-f/-9L , , '7t) /; 1 Ilt.'II-;/;;' ! ll,x , 1..' I 1(1 o R DIN A NeE An Ordinance to Amend and Reenact Section 2.1-4(k) of the Code of Albemarle knownaas the "Lanark Agricultural and Forestal District"a BE IT ORDAINED by the Board of Supervisors of Albemarle nty, Virginia, that Section 2.1-4, subsection (k) known as the nark Agricultural and Forestal District", of the Code of emarle, is hereby amended and reenacted to read as follows: (k) The district known as the "Lanark Agricultural and estal District" consists of the following described properties: 90B arcels 11 12 13. tax map 91, parcel 20, 21, 21A, tax ma 92 arcel 64 64A' tax ma 102 arcels 33 35B 40A 40B' tax map 103, parcels lL lA, 1B, 1C, 1D, 1E, 1F, 1J, 1K, 1L, 2A, 3, 5, 9, 10, lOA, lOB, 10C, 10D, 43. * * * * * , STAFF PERSON: PLANNING COMMISSION MEETING: BOARD OF SUPERVISORS MEETING: MARY JOY SCALA AUGUST 18, 1992 SEPTEMBER 16, 1992 ADDITION TO LABARR AGRICULTURAL/FORESTAL DISTRICT Purpose: The purpose of an agricultural/forestal district is "to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of foods and other agricultural and forestal products..." and "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air shed, watershed protection, wildlife habitat, as well as for aesthetic purposes." Factors to Consider: The following factors must be considered by the Planning commission and the Advisory committee, and at any public hearing when a proposed district is being considered: 1. The agricultural and forestal significance of land within the district and in areas adjacent thereto; 2. The presence of significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local developmental patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. Effects of a District: 1. The proposed district provides a community benefit by conserving and protecting open sp~ce resources such as forests, farmlands, stream valleys, wildlife habitat, cultural and aesthetic resources. 4 I 2. The landowner receives certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition) to protect the . agricultural/forestal use of the land. In exchange, the landowner agrees to not develop his property to a "more intensive use" during the specified number of years the district is in effect. * Since Albemarle County currently permits all types of use value assessment, a district designation may not provide any additional real estate tax reductions. Land in a district is protected from special utility assessments or taxes. 3. Future land use decisions must recognize the agricultural/forestal district. The district may have no effect on adjacent development by right, but could affect proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. 4. In general, a district may have a stabilizing effect on land use. The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area to remain in the agricultural and forestal uses. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent lands. Location: The proposed addition is located in the Carter's Mountain area on Route 795, Route 727, Route 627 and Route 20. Acreaae: The proposed addition contains 4,625.885 acres in 32 parcels. The existing district contains 996.05 acres. Time Period: The proposed time period is the same as for the original district, or ten years from April 20, 1988. Aaricultural and Forestal Sianificance: Land in the proposed addition is being used for agriculture (grassland, crops) and forestry. sianificant Land not in Aaricu1tural/Forestal production: The use value assessment program is a good indicator of the actual use of the properties. Ten of the 32 parcels (103.889 acres) are not enrolled in the program. 1,375.994 acres are enrolled under agriculture; 3,118.002 acres are enrolled under forestry; 28 acres are non-qualifying due to dwellings. Land Uses Other Than Aaricuitural/Forestry: There are 32 dwellings in the proposed addition. 5 I Local Developmental Patterns and Needs: of large farms and scattered dwellings. for enrollment in a district. This area consists It is well suited Comprehensive Plan and Zoninq Regulations: This area is located in Rural Area IV in the Comprehensive Plan, and is zoned RA, Rural Areas. The nearest Growth Area is the Urban Area, a distance of about one mile west. Preservation of agricultural/forestal resources in the Rural Areas is a major goal of the Plan. The Open Space Plan shows most of this area to have important farmland and forestal soils. The floodplains of Massey Creek, Lee Jones Creek, Slate Quarry Creek and Murphy Creek are within the proposed addition as well as is Carter's Mountain. The proposed addition includes two National Register properties, Morven (91-21) and Blenheim (103-10B). Two other National Register properties lie adjacent to the addition: Ash Lawn and Redlands. Rt. 20 is a County Scenic Highway, VA Byway, and a designated Entrance Corridor. ~ Environmental Benefits: Environmental benefits include protection of ground and surface water, wildlife habitat, critical slopes, the historic landscape, and open space. staff Comment: Staff recommends approval of the addition as proposed. Advisorv Committee Recommendation The Advisory Committee at its meeting on July 27, 1992, recommended unanimously to approve the Addition to Lanark Agricultural/Forestal District as proposed. Planning Commission Recommendation: The Albemarle County Planning Commission at its meeting on August 18, 1992, recommended unanimously to approve the Addition to Lanark Agricultural/Forestal District as proposed. . 6 I LANARK ADDITION AGRICULTURAL/FORESTAL DISTRICT Note: Parcels marked with an asterisk are not currently enrolled in the use value assessment program. Tax Map/ Acreage/ Parcel Total Acreage Owner Dwellings *90B-11 combinedlr 15.260 JWK Properties 0 *90B-12 JWK Properties 0 *90B-13 JWK Properties 0 (inactive parcels) 91-21 97.194 JWK Properties 3 91-21A 823.676 JWK Properties 4 91-21B 381.110 JWK Properties 6 91-31 488.500 JWK Properties 1 92 - 64 378.912 JWK Properties 0 92 - 64A 672.795 JWK Properties 3 102-33 43.545 JWK Properties 0 102-35B 61. 950 JWK Properties 0 102-37 78.125 JWK Properties 1 102-40 174.010 JWK Properties 3 *102-40A 10.042 JWK Properties 1 102-40B 9.120 JWK Properties 0 103-1B 173.040 JWK Properties 0 *103-1C 1.420 JWK Properties 1 103-1D 7.180 JWK Properties 1 103-1E 326.630 JWK Properties 0 103-1F 3.010 JWK Properties 1 *103-1G 4.140 JWK Properties 0 103-1H 10.820 JWK Properties 0 I 103-1 144.270 JWK Properties 0 103-3 123. 116 JWK Properties 0 *103-5 36.952 JWK Properties 0 *103-9 12.722 JWK Properties 0 103-10 238.488 JWK Properties 1 103-10A 22.753 JWK Properties 0 103-10B 9.852 JWK Properties 2 *103-10C 12.681 JWK Properties 0 *103-100 10.672 JWK Properties 1 103-43 253.900 JWK Properties 1 TOTAL DWELLINGS 32 TOTAL ACREAGE 4625.885 I .' 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') , T ~'~_:.'--;<, J..,..,t.:.;'(;'15J;~.?,;&..~L<'hiY. .!-:.::;~~ \ - . U I ~,,".,Y, ~1( -- , \' x.' ", -;of.,:. ,,:,.'i[":3.r":-'''::'''>(..~' e,..;.",; , . - -." .. I ":? ~ \ 1.-' v' , . ,. > ;J;-,~" ... ;, ~.. . :.-.....-x. '--'s:t'~ ......." I . ~.,..,. y('" :.. ' .. '" ,,~~..,.... r +- .. . L';,,-;:.- z... ... . "-. ~ P' I '5~1 ~Et>~"~~. :?~, \'" :Y. ... - I Advisory Committee Minutes - July 27, 1992 The Chairman, Stephen Murray, called the meeting to order at 7:37 p.m. Other members present were: Joe Jones, Jacquelyn Huckle, Bruce Hogue, Walter Perkins, and Bruce Woodzell. Absent were: Corwith Davis, Lindsay Dorrier, Marcia Joseph, and W.D. Maupin. Staff members present were: Mary Joy Scala, Senior Planner and Gordon Yager, District Conservationist, Soil Conservation Service. Members noted changes to the address/phone list. The Chairman asked Ms. Scala to present the staff report. Ms. Scala read the Addition to Totier Creek report. The Chairman asked Mr. Yager to present the soils report on Totier Creek Addition. Mr. Yager noted that 38% of the soils are Class II, an unusually high percentage- of good agricultural soils. Ms. Huckle asked what is the agricultural use of the land? Mr. Yager responded that the majority is grassland or woodland. He guessed that about 75 acres are in crops. Corn is planted in the floodplain and some uplands area. The Chairman asked if there are only cattle on the farm, and if they have a conservation plan. Mr. Yager replied yes to both questions. He said they had put in a lot of water tanks. Yager digressed on the subject of cropland. He said they would be hard pressed to find as much as 4,000 acres of cultivated cropland in Albemarle. He said most of the land is in grass. Ms. Huckle said that public education is needed. She gave an example of a person at a meeting who did not realize that grassland is considered agriculture. Mr. Jones asked about the old railroad grade traversing the farm. Mr. Woodzell said you could hardly tell it is there. He thought it was an easement which had reverted back to the property owner. He said it is 30-40 feet wide. Ms. Scala asked Mr. Woodzell to check into the ownership since an adjacent owner, Thomas Forrer, had raised a question about it. Mr. Perkins added that the rail had been used to carry pulp wood from Esmont years ago. Mr~ Hogue noted that this would be a nice addition to the district. I Ms. Huckle moved for approval of the proposed addition. Mr. Hogue seconded. The motion passed unanimously. The Chairman asked Ms. Scala to present the Addition to Lanark report. Ms. Huckle questioned the three subdivision lots being included from Marshall Manor. MS. Scala said the lots total about 15 acres, had been purchased py Mr. Kluge and combined. The lots are not built on, and are on the wooded slopes of Carter's Mountain. The Chairman asked Mr. Yager for his soils report. Mr. Yager said there is not as much good farmland here, yet there is a band of excellent Davidson soil. Some of the best hardwood aites in this area are on Carter's Mountain. The majority of the addition is in grass and woodlands, with a few crops. He noted the tremendous deer population on Carter's Mountain. The Chairman asked about the large lake, the road and how much acreage Mr. Kluge owns, and his future plans for the property. Mr. Woodzell said 10,000 to 12,000 acres. Mr. Yager said he is using a lot of land for agricultural purposes, including cattle and sheep. Mr Hogue said he does pattIe embryos, etc. plans for the future. and bought more land. district. experimental work with different grasses, He said joining this district indicated his He wished Mr. Kluge had come here sooner, He said this area is ideal to have in a Mr. Jones said that he felt Mr. Kluge was environmentally concerned, planting trees in old fields, etc. Mr. Yager said he went to Enniscorthy to offer advice on a swamp which Mr. Kluge considered draining. He suggested fencing the swamp and leaving it alone. So Mr. Kluge had a fence put up around this 40-50 acre swamp. He said it would probably be considered a wetland area. Mr. Jones made a motion to approve the proposed addition. Mr. Hogue seconded. ~he motion passed unanimously. II ~r. Jones noted that a forester, Dave Tice, told him that the ~eer on Carter's Mountain were making paths that could lead to ~rosion. ~he meeting was adjourned at 8:07 p.m. ~ United States Department of Agriculture Soil Conservation Service 401 McIntire Rd. Charlottesville, VA 22902 Mary Joy Scala, Senior Planner, Albemarle County J. Gordon Yager, District Conservationist, SCS Soils Report on Agricultural/Forestal Districts Addition to Lanark July 27, 1992 pils are classified into eight capability classes with Class I sing the best and Class VIII having the most limitations for ~ricultural uses. The following table gives a breakdown of ~pability Classes for the district. Cap,ability Class II III IV VI VII 21% 19% 20% 19% 22% he following table gives the percentage of the district that is uitable for cropland, hayland, pasture and forestry. Suitable for Cropland Suitable for Grassland & Forestry Suitable for Forestry 40% 79% 100% large percentage ~f this addition to the Lanark District is ~itable for grassland and agricultural uses. The mountain areas n this District offer some of the best hardwood soils in the bunty. The So~ Conservation Service IS an agency 0' the Oepartment of AgriCulture 8-18-92 2 Addition to Lanark Aqricultural/Forestal District - Consists of 32 parcels totalling 4,625.885 acres located in the Carter's Mountain area on Rt. 795, Rt. 727, Rt. 627, and Rt. 20. The addition must be reviewed with the original district, which has a time period of 10 years from April 20, 1988. The existing Lanark District contains 996.05 acres. Ms. Scala presented a brief staff report. There being no public comment, the matter was placed before the Commission. Mr. Jenkins moved, seconded by Mr. Nitchmann, that the Addition to the Lanark Agricultural/Forestal District be recommended to the Board of Supervisors for approval. The motion passed unanimously. ~: ".. .9 -11- q ;:L __~. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville. Virginia 22902-4596 (804) 296.5823 i' \ 'ugust 19, 1992 ayne and Hodous 'TTN: Fred Payne 412 East Jefferson st ~harlottesville, VA 22902 RE: Addition to Lanark Agricultural/Forestal District Addition to Totier Agricultural/Forestal District Dear Mr. Payne: ~he Albemarle County Planning commission, at its meeting on August 18, 1992, unanimously recommmended approval of the above- !noted agricultural/forestal districts to the Albemarle County iBoard of Supervisors. iPlease be advised that the Albemarle County Board of supervisors !will review this petition and receive public comment at their imeeting on September 16, 1992.. Any new or additional iinformation 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, ~~ ~ary qg ~cala Senior Planner , MJS/jcw cc: Lettie E. Neher to ;\,....\. '. UI..~,ntl;jtC'~ lJ i\~'C.;lC!,~ . _ ~-I/-q2- {.} -, ,- --J,?-~f??Z(~~?~~ v :-j-. COUNTY OF ALBEMARLE Dep1- of Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296,5823 Au ust 5, 1992 ~ pi ehurst Development Group 10 5 Locust Avenue Ch rlottesville, VA 22901 .' RE Brook Ridge Preliminary Plat Tax Map 32, Parcel 29N r Sir: Albemarle County Planning Commission, at its meeting on ust 4, 1992, unanimously approved the above-noted preliminary t. Please note that this approval is subject to the following ditions: 1. The Planning Department shall not accept submittal of the final plat until tentative approvals for the following conditions have been obtained. The final plat shall not be signed until the following conditions have been met: a. Department of Engineering approval of road and drainage plans and calculations; b. Department of Engineering issuance of an erosion control permit; c. Department of Engineering approval of grading and drainage plans and calculations; 9. Department of Engineering approval of storrnwater detention plans and calculations; e. Virginia Department of Transportation approval of road and drainage plans and calculations; f. Fire Officer approval of hydrant locations; . . pi pa Au Development Group 1992 g. Albemarle County Service Authority approval of water and sewer plans; h. Staff approval of open space easements documents, to include access to the open space; i. Note area reserved for access to Tax Map 32, Parcel 33; 2. Staff approval of the final plat. ase be advised that preliminary plat approval is valid for six months. Failure to submit a final plat to the Department of nning & Community Development within that time will render the liminary approval null and void. order to expedite completion of the above noted items, please e the appropriate agency or department notify the Department o Planning & Community Development, in writing, that the a plicable condition has been met. ..' I you should have any questions or comments regarding the above-' n ted action, please do not hesitate to contact me. S'ncerely, !I ~n/~ Amelia Patterson Jo Higgins Tom Gale .' ,,; r" t . COUNTY OF ALBEMARLE DepL af Planning & Community Development 401 Mclntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 August 21, 1992 Pinehurst Development Group 1005 Locust Avenue Charlottesville, VA 22901 RE: Brook Ridge Preliminary Plat .. Dear Sirs: This letter is to notify you that an adjacent owner has appealed the Albemarle County Planning Commission decision of August 4, 1992 to the Board of Supervisors. Therefore, this preliminary plat has been scheduled to be reviewed by the Albemarle County Board of Supervisors at their meeting on September 16, 1992. The meeting will be held at 7:00 p.m., Meeting Room #7, Second Floor, County Office Building. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, J ./ . // . ~/ 2 /../ /' . /J 0/.- /' tV ~-t:~_ - ?/ >?-/ william D. Fritz Senior Planner WDF/jcw cc: ~m or Marilynn Gale \,/Lettie E. Neher .. August 14, 1992 Bo rd of County Supervisors 40 McIntire Road Ch rlottesville, Va 22901 Ge tlemen: I would like to note an appeal of the decision of the Planning Co ission on August 4, 1992, of the Brookridge Subdivision plat, fo the following reasons. Concerns about: Recreational area Sidewalks Traffic congestion which will be created Drainage areas Sincere~~ Rl!:lake Trustee, Maple Grove Christian Church J.~ I / / .~;,~ /. i ,-) "- ,'"", .) "1/</ /j I\~~./_:_" i -,'- i , I v'. I It lc , J:-- '~ , - , _,";l ----- " STAFF PERSON: PLANNING COMMISSION: WILLIAM D. FRITZ AUGUST 4, 1992 ;, f,r: , 0 , ' SUB-92-097 BROOK RIDGE PRELIMINARY PLAT Proposal: The applicant is proposing to divide 9.9 acres into 28 lots with an average lot size of 9,600 square feet and with 2.22 acres of open space. Access will be to Proffit Road (Route 649) over a new public road. Reason for planning commission Review: Preliminary plat requiring Planning Commission approval. Location: Property, described as Tax Map 32, Parcel 29N, is located on the south side of Proffit Road (Route 649) approximately 750 feet west of Timberwood Parkway in the Rivanna Magisterial District. The property is zoned R-I0, Residential [proffered] and is located in a designated growth area (Community of Hollymead recommended for High Density Residential). STAFF coMMENT: This site was rezoned by the Board of supervisors on January 22, 1992. The plat reflects the proffers of that rezoning. Access to adjacent properties has been provided to adjacent properties where reasonably practical due to topography and design considerations. The plat has been revised in accordance with the Site Review committee comments. No waivers or modifications are requested or necessary. Staff opinion is that the plat complies with the requirements of the Zoning and Subdivision Ordinances and the proffers of ZMA-91-08 (Attachment C). staff's only concern with this subdivision is the number of small lots proposed resulting in the underutilization of land zoned for ten (10) dwelling units per acre. (This request results in a density of 3.6 dwelling units per acre on the 7.68 acres of the site which is developable.) It should be noted that no ordinance provisions exist that could prohibit underutilization of land zoned a given density. Staff recommends approval of the Brook Ridge Preliminary Plat subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. The planning Department shall not accept submittal of the final plat until tentative approvals for the following conditions have been obtained. The final plat shall not be signed the following conditions have been met: 1 . . I a. Department of Engineering approval of road and drainage plans and calculations; b. Department of Engineering issuance of an erosion control permit; c. Department of Engineering approval of grading and drainage plans and calculations; d. Department of Engineering approval of stormwater detention plans and calculations; e. Virginia Department of Transportation approval of road and drainage plans and calculations; f. Fire Officer approval of hydrant locations; g. Albemarle County Service Authority approval of water and sewer plans; h. staff approval of open space easements documents; i. Note area reserved for access to Tax Map 32, Parcel 33; 2. staff approval of the final plat. History: January 22, 1992 - The Board of Supervisors rezoned the property from R-1, Residential to R-10, Residential [Proffered] with ZMA-91-08. comprehensive Plan Recommendation: This site is located in the Community of Hollymead and is recommended for High Density Residential [10.01 to 34 dwelling units per acre]. School Impact: This proposal may result in the following school impacts: Hollymead Elementary School - 15 additional students Jouett Middle School 7 additional students Albemarle High School 8 additional students Environmental Conditions: The site is currently wooded. ~he area proposed for development is gently rolling. The area to be preserved as open space is in critical slopes and a small stream is also in the open space area. Soils in this area consist of Elioak Loam and Glenelg Loam. These are deep and well-drained soils, however, they are very erosive. 2 Utilities; Fire Protection: The site is served by public water and sewer. Available fire flow is 1,099 gpm at 20 psi. Required fire flow is 750 gpm at 20 psi. Stormwater Detention/Runoff Control: The Engineering Department will review the drainage plans and require necessary structures to be installed. Transportation: During review of ZMA-91-08 proffers were made regarding the widening of Proffit Road and the provision of area for a bike lane. These areas are noted on the plat. The plat also indicates future access to adjacent parcels. The Virginia Department of Transportation and the Engineering Department will review the road plans. ATTACHMENTS: A - Location Map B - Tax Map C - Proffers of ZMA-91-08 D - Subdivision Plat 3 c I I I I I I I I I ,. Rl (,61 I I f '- - - --------- - - - - ----- -- - - ------ --- -- JQillJ rt:"';"~ I.~~' [ o l) .. 660 "- "- :-. , o '''~ , " I ATTACHMENT AI c 1\1 c o u EARL YSVILLE AREA 'OUR "MES MAP SCAlE CK TN "_It."on 510'. o~ "'11\1 GC ~\.......,,~ /.::,~c, . /~d . C' "'~~ 0,. ....Ov \ V I .,,-<- ~ 0" ~ , \ \ ,,, ..:::, o " !~ f818] ALBEMARLE 20 COUNTy I ATTACHMENT B I 31 10 \ \ "" \ ,0C '00 '0' lOr. '0" 101 ,0' 10L Brook SCAL[ IN ~~~t 4G RIVANNA DISTRiCT SECTION 32 I ATTACHMENT C I --- COUNTY OF ALBEMARLE DepL of Planning & Community Development 401 McIntire Road C harlatt8sville. Virginia 22901-4596 (804) 2965823 January 27, 1992 Nellie L. Moubry 809 Monticello Avenue Charlottesville, VA 22901 RE: ZMA-91-08 Nellie Moubry Tax Map 32, Parcel 29N Dear Ms. Moubry: The Albemarle County Board of supervisors, at its meeting on January 22, 1992, approved the above-noted request to rezone 9.9 acres from R-1 to R-10. Property located on the south side of Rt. 649 approximately 750 feet west of Timberwood Parkway. Please note that this approval is subject to proffers 1, 3, and 4 as set out in letter dated November 22, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale and Associates, Inc., addressed to Mr. Bill Fritz, Senior Planner, Albemarle County Planning Department; and subject to proffer as set out in the letter dated December 9, 1991 from Ms. Marilynn R. Gale, L.S., Roudabush, Gale & Associates, Inc., addressed to Mr. Bill Fritz, Senior Planner Albemarle County Planning Department, as follows: 1. The applicant agrees that any plan submitted for review to the County after rezoning will honor a minimum 50 foot building setback buffer (utility construction is not restricted) from the existing drainage swale at the rear of Parcel 29Ni the buffer will exceed 50 feet from the point where contour 498 leaves the 50 foot buffer, and follow contour 498 to the western property line, in order to protect critical slopes in the buffer area. A topographic and boundary sketch dated November 22, 1991 is attached for visual clarification. 2. The applicant agrees that any plan submitted to the County after rezoning will include areas reserved for construction of connecting internal roads with 50 foot rights-of-way to adjacent properties, with the . r" Nellie L. Moubry Page 2 January 27, 1992 I ATTACHMENT C II Page 2 \ exception of Forest Lakes townhouses, for future access as the County may deem necessary. The applicant shall not be obligated for the cost of construction of such connecting internal roads. 3. The applicant agrees to dedicate a 30 foot strip across the state Route 649 frontage and reserve an additional 30 foot strip for future road improvements by the County of Albemarle or Virginia Department of Transportation. 4. The applicant agrees to reserve up to nine (9) feet beyond the thirty (30) foot dedication and thirty (30) foot reservation aforementioned, for construction of a bike path. The applicant shall not be obligated for the cost of construction of such bike path. The applicant's representative agreed that the thirty (30) foot dedication (Proffer #3) will take place at' such time as the site plan or subdivision plan is submitted to the County. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. sincerely, ()~ I V. Wayne cilimberg ( Director of Planning,_ft, community Development VWC/jcw cc: Marilynn Gale Amelia Patterson Jo Higgins VI ~ ~ Ii! rq,O(fJ~'f. ~~\~ ~'7'-o ~-o<J..~ , 0 ~~~~ ~ ,,-- ~ ~: g ~ ~ ~~; . ~ ~ ~ i;: c. E:::g; S~~~g~~ ; ~ :~~;: ~a:~;~~ cr :::rC':::I 0 ~~a~~~ g. Dl- n:i~ _ lI'I- 0 0 ;:; 0; i; ;;- ~ ::l..... X n Ht a;I ~ ;5VlVlN ~ ~ ~~:c~~~ ~~ ; m~i~ I,; : r i !~;..~ ~~~ ~ ~;..,:~ ;~: ~ ~ ~;~:~ '<~; :t :::Ig~:~LI( ;.~ g..._~:: C)~ c. ;~~~: ~~: ; ~~~ ~~ ~ ~ ~~~; ~ ~ ~ ;nN-"- .~~~.. 'i? ::~ VI ~ ;;; oog .. ; _0 III g~ ,. // ....08 \~:~ o (S)~-a ~'b-o~:; ,. ~t, ~C?~ r C ~ " < () -. z =i r< s:: ~ " ~<-?~'1- ~lS! ~~ q.,~f,) 0"-0 ~~~ '.oQIS'. ,. .".~ %lP~ <!). " '" c 'tl ~ 1> J) ,..... n ~~~ r< 0 "',.. Ul rnz !.: ~ . . ,.. :J::Z c ~~j!; -<0> ,..,.. CD CD < rr:'n ~:t:~ JJ 0 II ~.... m n ,.. ~i;2~~ ~ :.. r rn ,.. :J:: 0 H \i '- rn Gl, 0 < a ~~ii~ " n"'" ^ H . C 00> . < 0 "':0 ... "'Z_ c-< Ul 0 !"6Pln> ~ _ rn . zrnw H .. g ~ < Ie -<J)", JJ 0 ~ ~~~~~ , .-<;: I I , !J' H Z -;,. = 0 c ~ r'" . ~ < to 0 - r- c ~ ~ ~ ~i; _0 ...aZ G) -0 ~-.;. . . n to J)'" 1TI r (:~ . c ~ ii a to ",en " ~ c J: '" ...-< J> C1 '"" -' . 0 J: -I ~ c zJ) 1".-1 111 : . . ...... -" <.D % m <.D ~ ,..n :-I N 0 Z -< ~ -i C .. ___,oft, \ I ATTACHMENT 0 I C}~\ ~ i Z ~~~.,;,....t\" ~~~\.. ~' '\,\ (\ ~<:J<:J ~,\ ~l~'r; <;)' i'<:"V' 1-(\ ~.!,"""I'.';"""I" Jr. D . .. ',.". ~.! :': ~ ,IlJL 1 3 1992 ''', ~'" 'j\'" o-nr "'~_."\P.\)'~.~~.~J ..t':'I~" . ~ SUBDIVISION PLAT BROOK RIDGE T.M.P. 32-29N RIVANNA MAGISTERIAL DISTRICT ALBEMARLE COUNTY. VIRGINIA IS' 006>( <9 .,r' c , SCALE 1- = 100' DATE: JUNE 15, 1992 C' I. = 2' p REV JULY 13, 1992 7 ROWA8USH. SALE. AND ASSOCIATES A PROfESSIONAL CORPORATION SURVEYORS. PLANNERS. ENGINEERS 91~ MONTICELLO ROAO CHARLOTTESVILLE. VIRGINIA 1. lazal'd area, ',.. Edward H, Ba n, JL Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scottsville David p, Bow rman Charlottesvil e Charles S, Martin Rivanna Charlotte y, umphris Jack Jouett Walter F, Perkins While Hall August 19, 1992 Mr. Ray Leake Tr stee M le Grove Christian Church R te 2, Box 79 R ckersville, VA 22968 Dear Mr. Leake: This is to acknowledge receipt of your letter dated August 14, 1992, appealing the decision of the Planning Commission of August 4 o SUB-92-097, Brook Ridge Preliminary Plat. This appeal has been scheduled to be heard by the Board of Supervisors on September 16, 1992, at 7:00 p.m. The Board meets in Room #7 on the Second Floor of the County Office Building. If you have any questions, please d not hesitate to contact the undersigned. Very truly yours, ~~ Po~!::~ '"routing request pad 7664 LE :ec Please DREAD o HANDLE o APPROVE and o FORWARD o RETURN o KEEP OR DISCARD o REVIEW WITH ME ROUTING - REQUEST T.~~FO cc: V. Wa~ Rober1 Bill] Dale From II jSUB-92-097 - Brook. Ridge Preliminary Plat -:,Proposal to 'cFeate 2810'averagi'ng9, 60'0 square ff' .... with 2.22 acres of open space from a 9.9 acre parcel. }_~perty, described as Tax Map 32, Parcel 29N, is located on the south side of Proffit Road (Route 649) approximately 750 feet west of Timberwood Parkway. Zoned R-10, Residential [Proffered] in the Rivanna Magisterial Dsitrict. This property is located in a designated growth area (Community of Hollymead, recommended for High Density Residential) . Mr. Fritz presented the staff report. He also distributed copies of petitions of opposition to the request. Staff recommended approval, subject to conditions. ~ Referring to staff's concern regarding underutilization of the land based on it's R-10 zoning, Mr. Blue noted that the main objection from adjoining property owners and the church is based on a feeling that the proposal is an overuse of the land. He asked staff to comment on this dichotomy. Mr. Fritz responded that he did not recall there having been any significant opposition during the rezoning process (January, 1992) . ~ Referring to the requests made by the adjoining church in its letter of July 30, 1992, Mr. Blue noted: "with the physical limitations of that lot, if you have a la-foot buffer and place for parking, you either have to eliminate a lot of lots or it just isn't big enough. Is that right?" Mr. Fritz responded: "If you put in open space along here and recreation, yes, to get the same number of lots in less area you have to condense the size of those lots and make them samller." Mr. Blue noted: "But you could still do that under the law. It would make them less desirable from the selling standpoint, but the density wouldn't be effected. Is that correct?" Mr. Fritz: "They would still be within the 10 dwelling units per acre that they are permitted. Whether or not they would still have realistic building sites on each lot, I could not speculate." Mr. Blue: "Probably wouldn't would be my guess." Mr. Cilimberg added: "You would probably be looking at a different type development altogether. You may be looking at a higher net density in the developed area but at the same gross density you would probably be looking at townhouses." Mr. Blue . .. I 8-4-92 10 concluded: "I guess the point I am trying to make, from the standpoint of adjacent owners, you might end up with a less attractive development if you do some of the things they're asking. It's oppressive to me that so many people are objecting and yet it seems well within the realm of what's legal." Mr. Cilimberg noted that this proposed development is lower density than the adjoining Forest Lakes. Mr. Cilimberg described the history of the rezoning of the property. He stated: "The features that are shown here reflect that rezoning, except for the density. So they are really developing in accordance with the rezoning and what the Comprehensive Plan has identified for that area." Mr. Blue added: "And the density is less, yet all the objections are that it is too dense." The applicant was represented by Mr. Bill Roudabush. He pointed out that staff's review found the plan to be in compliance with all applicable County regulations and zoning. His comments, answers to Commission questions and responses to the items listed in the church letter were as follows: --The decision has already been made that this is a proper place for this type of development. --The development is compatible in size with lots in adjoining Forest Lakes. The smallest lot width in this development is approximately 70 feet (vs. 65 feet in Forest Lakes) . --The Ordinance requires 2 off-street parking spaces for each lot and should not be a problem for these lots. --The development is compatible with adjacent development in Forest Lakes and future development along Rt. 649. --This area has been designated for growth by the County because it has utilities available and the roads are "reasonably adequate." --The County has required dedication of land for future widening of roads (just as the church was required to dedicate land for widening). Thirty feet is being dedicated and an additional 30 feet is being reserved, plus nine additional feet for a bike trail. The developers are doing all that they can to improve the transportation network, including the Rt. 649 situation. (He noted that this issue had also been faced by the church.) --2.2 acres is being set aside for dedication to the homeowners (when the homeowners' association is formed) and that will be used as a passive recreation area and all lots will have adequate access to that area. --A la-foot buffer around all sides of the property is not realistic, "but it is the intention of the applicant to provide for la-buffers in the restrictive covenants that are drafted along with the final plat. That buffer will provide that there be no clearing other than undesirable undergrowth and smaller vegetation, that larger trees be maintained and ~ t ~ II 8-4-92 11 no grading be done within ten feet of the rear lot lines." He felt all the adjoining property owners could expect was that "the common boundary between this project and their properties have some buffer." --Dedication of the 2.2 acre common area to the County is not a workable suggestion because the County does not want to own small 2-acre parcels throughout the County. It is in the best interests of the residents and the adjacent property owners that these areas be owned by the homeowners association who have a real interest in the area to maintain them and make sure that they are used for proper purposes. --Forest Lakes has no sidewalks and no problems have been encountered. Very little foot traffic is anticipated within the neighborhood. VDOT will not maintain sidewalks so maintenance would have to be guaranteed by the County. --It is anticipated that utilities will be located along the front of the property and the electricity will probably be underground. --The developer will be selling the lots and purchasers will make the decisions about the type of house. It is planned that there will be restrictive covenants, but those have not yet been determined. It is anticipated that the houses will be "compatible to Forest Lakes." --There are no critical slopes within the lots, though there are some in the green space. ~ The Chairman invited public comment. The following persons, including neighboring property owners and members of the Maple Grove Christian Church, addressed the Commission and expressed their opposition to the proposal: Mr. Don Donlenger, Mr. Franklin Jones, Mr. Ray Leake, Mr. Keith Jones, and Ms. Ruth Lucas. (Approximately 15 others--members of the church--showed their opposition to the proposal by standing when asked to do so by Ms. Lucas.) Their reasons for opposition included the following: --Not sufficient room for children play area. --Devaluation of neighboring properties. --The original rezoning was a mistake. --Density too great. --The lots are so small that they will invite the development of shacks. --Emergency vehicles will have difficulty serving the development because of the narrow streets. (Mr. cilimberg .,explained later that the final design of the road will have to meet VDOT standards, including an adequate turnaround area, in the cuI de sac, for buses. --Additional traffic on an already overburdened road. All those who spoke indicated they would not be opposed to the development if it is similar to Forest Lakes. However, most were skeptical that that would be the case. Ms. Huckle asked the owner of the property (Mr. Mowbry) to describe the type of houses that would be built on the lots. . ~ 1 12 8-4-92 Mr. Mowbry again explained that he would not be building the houses, but rather was just developing the lots. Mr. Roudabush explained that at the time the final plat is put to record, restrictive covenants will be included which may cover such things as size of dwelling and other items which are normally addressed through restrictive covenants. In response to Ms. Huckle's question about type of materials, pitch of roof, etc, Mr. Roudabush stated: "That is not something the County normally regulates and is not something that is submitted as part of submission for approval." Mr. Mowbry noted that the property has been in his family for many years and he had "no pes ire to create a ghetto on Proffit Road, and no desire to do anything but have a very compatible community to the area out there. We are going to take care of the area as best we can." Ms. Huckle noted that the neighbors would feel more comfortable if these items were addressed in the covenants. Regarding access to the common area, Mr. Mowbry explained that an easement will be created, probably somewhere along the property line, to get to the common area. Mr. Roudabush expounded: "More than likely, it will come through the stub street, and then down the property line the shortest distance across the back of two lots that back up to Mr. Jones' property." l\ Mr. Mowbry noted that he had attended the rezoning hearing and he recalled that only Mr. Keith Jones, of those who are now objecting, had been present at that meeting. There being no further public comment, the matter was placed before the Commission. Mr. Blue asked staff to comment on whether not their professional opinion regarding this proposal had changed as a result of the public comment. Mr. cilimberg responded that the concerns noted would have been helpful at the time of the rezoning. He pointed out that the applicant has addressed all the requirements of both the zoning and Subdivision Ordinances. He concluded: "We can say with all confidence that we have no reservation about the recommendation as it is before you." Mr. Blue concluded that the public was not opposed to the ,development of the property, but primarily felt the lots were too small, making it incompatible with adjacent properties. He felt it was unfortunate that the public had not made their concerns known at the time of the rezoning, though he was uncertain whether staff's recommendation would have been any different. Mr. Blue pointed out that the County is currently in the process of trying to get more affordable housing in the County and "when you go to larger lots you meet higher land .. . I 8-4-92 13 costs. It is the basis of planning to have higher densities in concentrated areas where the water, sewer and transportation is availabile. It seems to me unfortunate now that we are running into areas that are right on the fringes of the growth area where we are getting into areas that don't want to be zoned high density, they are already there, the houses are already there and they would like it to stay more rural." Mr. Blue concluded: "The way that staff has (recommended approval) and the way it has met all the regulations, I find it hard to see how the Planning Commission could turn it down." In response to Mr. Blue's comments, Mr. Bowling explained that "specific reasons for disapproval have to be set out in a written document or written on the plan and the reasons for disapproval 'shall identify deficiencies on the plat which cause the disapproval by reference to specific newly adopted ordinances, regulations or policies and shall generally identify such modifications or corrections as will permit approval of the plat'." ~ Mr. Blue responded: "And if I understand what you just read, we don't have that.11 Mr. Bowling replied: "If what staff says is correct, that they meet all the requirements of the ordinances, that's a correct statement." Mr. Blue felt that the Commission had no choice. He stated that unless he heard some very convincing dissenting views, he would support the request. Mr. Johnson indicated he was in agreement with Mr. Blue. He noted that the minimum lot size for conventional development under R-IO is 4,356 square feet, and these lots are almost double that size, some more. He concluded that there was no reason not to approve the request because it complies with the zoning Ordinance. However, he added: "But I sure think it raises a red flag that the zoning Ordinance needs looking at." Mr. Grimm felt the reason the property had been zoned to R-10 was in anticipation of the future development of this ~art of the County and was looking to provide dense housing ;close to the metropolitan Charlottesville area. He concluded that he would support staff's recommendation. Ms. Andersen moved that SUB-92-097, Brook Ridge Preliminary Plat, be approved subject to the following conditions: 1. The Planning Department shall not accept submittal of the final site plan for signature until tentative approvals for the following conditions have been obtained. The final 8-4-92 14 '. site plan shall not be signed until the following conditions are met: a. Department of Engineering approval of grading and drainage plans and calculations; b. Department of Engineering approval of stormwater detention plans and calculations; c. Department of Engineering approval of an erosion control plan; d. Department of Engineering approval of road and drainage plans and calculations. e. Virginia Department of Transportation approval of road and drainage plans and calculations; f. Fire Officer approval of hydrant locations; g. Albemarle County Service Authority approval of water and sewer plans; h. staff approval of open space easement documents to include access to the open space. i. Note area reserved for access to Tax Map 32, Parcel 33. 2 . staff approval of the final plat. \ Mr. Blue seconded the motion. Discussion: Ms. Huckle stated she would support the motion, but she stated she was sympathetic to the public concern. She urged that the public must make their concerns known at the time the rezoning is being proposed. The motion for approval passed unanimously. Mr. Nitchmann suggested to the applicant: lilt might be nice to put in a tot lot, somewhere around 23 or 24, for all those kids. 11 The regular public hearing ended at 9:10 p.m. The meeting recessed for 10 minutes. laine Clark age 2 eptember 11, 1992 c. 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. Improve sight distance to virginia Department of Transportation commercial entrance standards by October 25, 1992. lease be advised that the Albemarle County Board of supervisors ill review this petition and receive public comment at their eeting on September 16, 1992. 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, \~ Ronald S. Keeler Chief of Planning RSK/jcw cc: Amelia Patterson Jo Higgins Lettie E. Neher st. John's Episcopal Church I STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ SEPTEMBER 10, 1992 (THURSDAY) SEPTEMBER 16, 1992 SP-92-53 ST. JOHN'S EPISCOPAL CHURCH (owner), ELAINE CLARK (applicant) Petition: Elaine Clark petitions the Board of Supervisors to allow a day care [10.2.2(7)] on 5.35 acres zoned RA, Rural Areas. Property, described as Tax Map 78, Parcels 20 and 20B is located on the north side of Dick Woods Road (Route 637) approximately 800 feet east of Miller School Road (Route 682) in the Samuel Miller Magisterial District. This site is not located within a designated growth area (Rural Area 3). Character of the Area: This site is developed with a church, one dwelling, a fellowship hall and a cemetery. There are four dwellings visible from the church property. The Ivy landfill is located approximately 0.2 miles to the east. APplicant's Proposal: The applicant intends to use the existing fellowship hall as a day care for nine children aged 2 1/2 to 5. The applicant and one other individual will provide the day care. The day care will operate from 9:00 a.m. - 12:00 noon Monday through Friday from September through May. The facility will be run with the assistance of the Church, but is not a church day care. SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends denial of SP-92-53. Planninq and Zoninq History: None available. (Staff notes Elaine Clark was issued SP-81-46 which established a twenty day care at Crozet Park. That permit is not transferrable. applicant is not making use of that permit at this time.) that child The Comprehensive Plan: Staff.believes that, because the day care will be operating in an existing building on the church site, that this proposed use is not in conflict with the intent of the Rural Area. In'addition, there are no other day care centers in the general area. The Willis day care, Millstone of Ivy, (SP-90- 115 and SP-92-05) is located in Ivy, but is remote from this site. Millstone of Ivy is approved for a maximum of forty-five (45) children. 1 I SUMMARY AND RECOMMENDATION: staff opinion is that certain uses such as churches, day care, and schools contribute to the well-being and moral fiber of the community. In this posture, staff review is confined to issues of physical development while other considerations of appropriateness of the use to a given location is a matter of legislative discretion. staff has identified fifteen (15) requests heard by the Board of Supervisors for day care centers in the Rural Areas since the adoption of the current Zoning Ordinance. Of these requests, one (1) was the reapproval of an expired permit and one (1) was an amendment to increase the number of children allowed by a previous permit. Of the remaining thirteen (13), requests (all approved), four (4) involved the use of a new structure and nine (9) involved the use of existing structures. Past day care centers approved by the County in the Rural Areas have been for nine (9) to eighty-three (83) children. Requests by churches have ranged between ten (10) to eighty-three (83) while other service providers have been smaller, ranging from nine (9) to forty-five (45) children. Staff has reviewed this request for compliance with Section 31.2.4.1 which states: "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use 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, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare." Staff opinion is that due to the existing development the proposed use will' have a minimal impact on the adjacent properties and the Rural Areas. Staff has identified one issue regarding this use which is not consistent with Section 31.2.4.1. The existing entrance to this site has only 275 feet of sight distance to the east and 450 feet is required (sight distance to the west is adequate). No alternative entrance locations exist which would provide for the minimum necessary sight distance. Removal of a retaining wall, relocation of at least two grave sites and substantial grading are required to achieve the minimum sight distance for the existing entrance. Staff is unable to 2 I support a request which does not have adequate sight distance due to the stated purpose and intent of the ordinance with particular reference to sections 1.4.1 To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers; and To protect against: ...danger and congestion in travel and transportation In addition the Zoning Ordinance states in part in Section 32.7.2 "Each development shall be provided with safe and convenient ingress from and egress to one (1) or more public roads." 1.4.6 Staff has historically not supported a reduction of sight distance, a matter of public safety. Based on the lack of suitable entrance location, staff recommends denial of SP-92-53 Elaine Clark. Should the Board of supervisors choose to approve this request, staff offers the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. Compliance with Section 5.1.6 of the Zoning Ordinance: a. 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; b. 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 such inspection shall be deemed willful noncompliance with the provisions of this ordinance; and c. 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. 3 I 2. Maximum enrollment shall not exceed nine (9) students or such lesser number as may be approved by the Health Department. ATTACHMENTS: A - Location Map B - Tax Map C - Virginia Department of Transportation Comment 4 MOUlllfll.1F '. \' \.'- . ..\.' '. " ," ... 668 ~,6-,1j [@ " " ~ ~ < o i::: .~ ~ ',J.' '''0 :6- ~; ) I ATTACHMENT AI ;1 '"" d " '" u " '" u. @l] 1673! " ,~'t' J..... '" ~ " '" '" :;? '" q' Q. v hlJ~'-~" - - ,?,/ lS4i -- ~ .::, J:' b Q <- ~ 4J J:' '" 'l-..... ~_:J ',.~l ~1- j o v \, " MOUN1A'N ... 'i.\.:oO'J'l '" c}'? '00 ~.~ -::> o lJ' o "t- (' o \ l l "",>, . \ I '-, '>>~ ~~..~., ~":,, c.. -1- u"" .. ~ ALBEMARLE COUNTY I ATTACHMENT B t 3ZA ~ Z8 '~ \ )( J--, / ,0C \..~~ /300 AL8EMARLE COUNTY LANDFILL ''J( ( / ~\ t ". ~~ . ~----/\ Z6 Z~~ l . . ~,)-- "J _ J ~...... -~ -.- ?~,--..... X ~'.,~~ .../ ~\ f-..;; -..... " /\. 2 tPi..- "/ - / · '~, ( \\ Z~) ~ ~ ~ . >;\,,~-\ Z4 ~ \\ ) ~.. ~- ,II ~1I11 '11 ~- ~'1I11 ~-II '\- ;,- ~ ~ \ 43 ~ '" ~ 87 SCALE IN FEET SAMUEL MILLER AND WHITE HALL DISTRICTS SECTION 13 ... HMDWA"[ IIG tCUL TURAL a 'OIl($T,AL DISTRICT I ,,~~,,:'?,c<:':~~.: <tr"'I..'.1I.~1~/;'-:"~ tf,r', ' '<'), ~: , ..~....,l.':)! l}~ e~A~~t\ ,'1 ~ ~,., < 'rf-C i ~ ;:f< V."'~~id.(',;>;", ,(:~ :J.:.'i,C'..r....~1>..7_:,...~ ';11 '~~ty;f. I ATTACHMENT C I COMMONWEALTH of VIRGINIA RAY D, ETHTEL COMMI SIONER DEPARTMENT OF TRANSPORTATION POBOX 671 CULPEPER. 22701 20 July 1992 THOMAS F, FARLEY DISTRICT ADMINISTRATOR September Public Hearings Mr. Ronald S. Keeler County Office Building 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Keeler: The Department offers the following comments on the submitted rezonings and special use permits: Allen and Edna Dunbar (SP-92-51) The existing private road entrance onto Route 631 lacks sufficient sight distance due to horizontal and vertical alignment. In addition, it appears that this roadway is on a twenty foot easement, which is too narrow for a commercial entrance. ~ st. John's Episcopal Church (SP-92-53) The existing entrance to the church has sufficient sight distance to the west on Route 637, but has only 270' to the east. To obtain suff icient sight distance, the stone wall and some grave markers may have to be removed or relocated. In addition, the existing entrance does not meet current design standards. Adventure Bound (SP-92-54) Please refer to Jeff Echol's earlier comments on this proposed special use permit. I hope you find the above useful. If you have any questions or concerns, please call me at (703) 829-7555. Sin~erelY, I I !' ( , I / ~, /' ,{ / 11"/ . \,I I ), c--- fR. W. Hofrichter !Transportation Engineer ~-- cc: A. G. Tucker . TRANSPORTATION FOR THE 21 ST CENTURY St. john-fhe-Baptist Eoi5copal Church ....,0. Dox 351 Ivy. Virginia 22945 (804) 977-5064 The Reverend Dale K. Brudvli 7 september 92 Mr. Ron S.Keeler Z ning Department A bemarle County, V rginia ar Sir, We have reviewed the report on SP-92-53 regarding the st. J hn's entranca~ We will take the nece5sary steps to remove the r taining wall and grade the bank to achieve the desired sight d stances. We warn everyone who uses the church; church education asses, wedding rehearsals and weddings-the church has tivities that occur on days other than sunday; to carefully ear the ~oad to the east when they enter back on highway 637. at condition has existed and warnings given for decades and it c n be difficult if someone is not careful. ' . At night the ojection of vehicle lights give greater warning and the trance less difficult. The pre-school staff and parents are 50 advised in their ientation.. The five or six additional cars which will enter d leave the church each week day should not preclude starting e pre-school in September while we make necessary steps to move the wall and grade before our homecoming which is 25 tober. 92. Thank you for your report. We are effort because we believe Elaine Clark's significant contribution tq our community. willing to make this Pre-School makes a )j, ~cerelY Yours -rv-~ ~~-~ . Dale K. Br;d~i/~~ Vicar st. John-the-Bapt18t COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 Aug st 21, 1992 Ela"ne Clark Rou e 1, Box 159 Crozet, VA 22932 RE: SP-92-53 St. John's Episcopal Church (owner), Elaine Clark (applicant) Dear Ms. Clark: This letter is to notify you that your above-referenced petition, has been scheduled for public hearings as follows: ALBEMARLE COUNTY PLANNING COMMISSION, THURSDAY, SEPTEMBER 10, 1992 ALBEMARLE COUNTY BOARD OF SUPERVISORS, WEDNESDAY, SEPTEMBER 16, 1992 Bo h of these meetings will be held at 7:00 p.m., Meeting Room #7, Second Floor, County Office Building, 401 McIntire Road, Ch rlottesville, Virginia. You will receive a copy of the staff ort and tentative agenda one week prior to the Planning ission meeting. REPRESENTATIVE MUST BE PRESENT AT BOTH OF THESE you should have any questions or concerns about this petition schedule, please do not hesitate to contact me." //' /7 /:::;,:1.--- //?-::"?-,~ // ;;p liam D. Fritz ior Planner WD fmem cc~. St. Lettie E. Neher John's Episcopal Church . 9-10-92 PR POSED 1 t. / ", SEPTEMBER 10. 1992 The Albemarle County Planning Commission heldap\lblic hearing on Thursday, September 10, 1992, Meeting Room 7, County Office Building, Charlottesville, Virginia. Those members present were: Mr. Phil Grimm, Chairman; Mr. Walter Johnson, Vice Chairman; Mr. william Nitchmann; Mr. Tom. Jenkins; Mr. Tom Blue; and Ms. Ellen Andersen. Other , officials present were: Mr. Ron Keeler, Chief of Planning, and Mr. Jim Bowling, Deputy County Attorney. Absent: Commissioner Huckle. The Chairman called the meeting to order at 7:00 p.m. and established that a quorum was present. Mr. Keeler briefly previewed the september 15th Consent Agenda (Woodcreek Final Plat). Mr. Blue expressed support for this proposal; however, because of the complicated nature of the exchange of parcels in relation to the alignment of the road, he was concerned that it might-be difficult to accurately mark points of tangent and curviture. He asked if the County had authority to require that the surveyors mark not only the corners of the lot, but also the beginning and end of the curve. He feared there could be confusion for future owners if this was not done properly. Staff offered to look into this issue. [NOTE: At the end of the meeting Mr. Bowling addressed Mr. Blue's question. He quoted from section 18-55 (n) of the Subdivision Ordinance: "Monuments set after recording of plat: No monuments other than the permanent control monuments required in Sec. 18-39(k) shall be required to be set before the recording of the plat or the conveyance of land by reference to plat if the land surveyor includes in his certification on such plat that any additional monuments required by this chapter shall be set on or before a specified later date. ...." section 18-39(k): "Permanent Monuments: Permanent (control) monuments shall be placed by the developer in the ground at all corners, and angle points, in the outher lines of the subdivision, and at all points of angles and curvatures in the right-of-way lines of all streets, and at all lot corners within the subdivision. " He concluded: "So if what you're talking about constitutes permanent monuments, it appears that they do have to be set. If they are not set it is a violation of the Subdivision Ordinance." However, he pointed out that the County probably does not have the resources to inspect to see that all the monuments have been set. Mr. Blue asked that staff convey to the surveyor and developer his concerns to ensure that the monuments are set on the points of curviture on the new road. II .r 2 9-10-92 SP-92-53 st. John's Episcopal Church (owner). Elaine Clark (applicant) - Petition to issue a special use permit to allow a day care [10.2.2(7)) on 5.35 acres zoned RA, Rural Areas. Property, described as Tax Map 73, Parcels 20 and 20B, is located on the north side of Dick Woods Road (Rt. 637) approximately 800 feet east of Miller School Road:(Rt. 682) in the Samuel Miller Magisterial District. This site is not located within a designated growth area (Rural Area 3) . Mr. Keeler explained that staff had originally recommended denial of this request based on the inadequacy of the entrance and the feeling that it would be unlikely that a day care center of this scale would be able to make the necessary improvements to the entrance. However, the church has advised staff that funds have now become available to make the site distance improvements, so staff's position has changed to a recommendation for approval subject to three conditions. (Mr. Keeler suggested the third condition as follows: "Under VDOT permit, improve the entrance to VDOT commercial entrance standards with sight distance improvements to be completed by October 25, 1992.") He explained that staff was not requiring that the actual physical construction of the commercial entrance be completed by that time, but that the sight distance be achieved. Mr. Johnson noted that the virginia Department of Transportation had not commented specifically on the issue of a commercial entrance. Mr. Grimm felt that the letter implied that a commercial entrance should be constructed. In response to Mr. Nitchmann's question, Mr. Keeler explained the two types of VDOT entrances. Mr. Nitchmann questioned whether it was necessary to require any modifications to the entrance beyond the sight distance improvements. Mr. Keeler explained that staff generally follows VDOT's recommendations, and has never recommended against the sight distance requirement. He recalled a couple of instances where the Commission had not required that the entrance be upgraded to the VDOT standard. The Chairman invited applicant comment. Rev. Dale Brudbig addressed the Commission. He explained that the creation of a commercial entrance would require negotiations with a neighboring property owner to acquire additional property. He asked that a commercial entrance not be required. He noted that the entrance has been in use since 1890 and the day care use will cause a minimum increase in traffic (5 cars/day). He agreed that the sight distance problem needed to be corrected and confirmed that I' 3 9-10-92 the church was prepared to make those improvements. Regarding the possible moving of some graves, he felt that sight distance improvements could be made without disturbing the graves, but he stated that proper administrative procedures will be followed if it becomes necessary to move the graves. Mr. Johnson asked the applicant if he felt the entrance would be safe, once the sight distance problem is corrected, without further improvements to the existing entrance. Rev. Brudbig did not answer this question definitively. (Later in the meeting, Ms. Clark, also the applicant, addressed this question and stated that she felt there would be no other safety problems with the existing entrance once the sight distance is achieved.) Rev. Brudbig indicated he was not aware of any safety problems with the entrance, other than the lack of adequate sight distance. There was a brief discussion about additional signage on the road. Mr. Blue noted that a commercial entrance would not address safety problems on the road. The applicant stated that the safety of the road would be improved by widening and hard surface "all the way to 682." Mr. Johnson suggested that the applicant write to the local Resident Engineer (VDOT) to request warning signs on the road. Mr. Keeler also suggested that the existing international sign, showing that the road changes from pavement to gravel, be changed to one saying "Gravel Surface Ahead" and that it be placed north of the church property. There being no public comment, the matter was placed before the Commission. Mr. Johnson stated he was very familiar with the road. It was his opinion that the extension of sight distance to the east would "provide adequate safety for that entrance and that any additional (improvements) which might be required would be unnecessary and would be a consideration at such time in the distant future when they extend paving of that road." commissioners Blue and Nitchmann agreed. Mr. Grimm expressed mixed feelings because of VDOT's determination that the entrance "does not meet current design standards." He felt that because a commercial use is proposed for the property, the entrance should meet commercial entrance standards. Mr. Blue noted that improvements beyond sight distance correction would create an additional expense for the applicant when no other safety issue has been identified. He noted that the road itself does not meet current design standards. He concluded that this was an instance were he II 9-10-92 4 did not feel compelled to go along with VDOT's recommendation. He stated he would feel differently if the recommendation to upgrade the entrance to current design standards was related to a safety issue. Mr. Nitchmann agreed. He felt that, based on the lack of specificity in VDOT's comments, the decision was being: left to the Commission. Mr. Johnson asked why the enrollment of the day care was limited to 9 students. Ms. Clark explained that 10 was all that state licensing would allow for one teacher, and because the County's fee was broken down by number of children, i.e. 6-9, 10+, etc., she had requested 9 children. Mr. Johnson advised her that she could request an amendment to the permit at some future time if she wished to expand. Based on Mr. Blue's comments, Mr. Grimm stated he would change his position and would not oppose the request. Mr. Johnson moved that SP-92-53 for st. John's Episcopal Church, be recommended to the Board of supervisors for approval, subject to the following conditions: 1. Compliance with section 5.1.6 of the zoning Ordinance: a. 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; b. 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 such inspection shall be deemed willful noncompliance with the provisions of this ordinance; and c. 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. 2. Maximum enrollment shall not exceed nine (9) students or such lesser number as may be approved by the Health Department. 3. Improve sight distance to VDOT commercial entrance standards by October 25, 1992. II 9-10-92 5 Ms. Andersen seconded the motion which passed unanimously. MISCELLANEOUS Mr. Johnson requested that staff look at the "scope of the Architectural Review Board as far as its application to major modifications to buildings already in being." September 22nd Meeting - It was noted that Commissioners Grimm and Johnson will both be absent from the September 22 meeting. The Commission decided not to cancel the meeting (provided that a quorum could be established) and that a temporary chairman be appointed to chair that meeting. Mr. Jenkins suggested that it might be desirable to defer the CIP Work Session scheduled for the 22nd, with the decision about deferral to made at the September 15th work session. There being no further business, the meeting adjourned at 7:45 p.m. V. Wayne Cilimberg, Secretary DB ~i{~~~ / / // / \ ,~ c: ) DATE ;" " / i / '-, ....L!.-A"-- ''-' I / / r.7'--' eJ / //, ~ .l ) AGENDA ITEM NO. / I . '- "> "', / ') () ( I i' C / / 1 AGENDA ITEM NAME I /'1 ,- / (' 'v / \, ~' ~, ~-<-( t i... (...' C'__n_..-- <, DEFERRED UNTIL tC " "I -/ \. -" ..., Form. 3 7/25/86 , , I I - . . .. /C~L0{ re c( C; / I (C / c; ?-- 8 Jefferson National Bank ~iB> P.O, BOX 711. CHARLOTTESVILLE, VIRGINIA 22902 · (804) 972-1100 September 15, 1992 Board of Supervisors County of Albemarle RE: East Rivanna Volunteer Fire Department This letter is to confirm that the above referenced organization has applied for a $200,000 loan to complete the construction of their new headquarters in the Glenmore subdivision. Subj ect to our receiving the proper documentation necessary to for a loan of this type, the loan stands an excellent chance of approval. This letter does not guarantee approval of this loan, but is only intended to confirm the status of the request. Sincerely, ~~ Stephen B. Isaacs Administrative Officer And Loan Officer . -l JEFFERSON COUNTRY FIRE AND RESCUE ASSOCIATION, INC. ., 203 RIDGE STREET CHARLOTTESVILLE, VIRGINIA 22901 11 September 1992 Mr. Richard E. Huff, II Dep ty County Executive Cou ty of Albemarle ' 401 McIntire Road Cha lottesville, VA 22902-4596 Dea Mr. Huff: On 9 September 1992, the Jefferson Country Fire and Rescue ciation approved a motion to support a resolution requesting County of Albemarle to provide up to $200,000 to the East nna Volunteer Fire Company, through either.a bridge loan or an nced allocation. The payback time is not to exceed six (6) hs. Thank you for your time and consideration in this matter. ~~~~i IAN H.TALIAFERRO S RETAR~/TREASURER J.C.F.R.A. BMG wpg COUNTY OF ALBEMARle: '~..~.,.r~1S t'*:g f'" ii_It." ~.,~..".,;", : f};!- ~/ ' ~' SFP 14 1992 . , .' ~ ~ . ',to . ~ yr:_t'c. _' '_, ._''''' \\;;;~r ,,_ EXECUTIVE OFFlga "Serving Charlottesville - Albemarle Since 1972" tJ-II-9.2- County of Albemarle EXECUTIVE SUMMARY STAFF C Messrs. - East Rivanna Volunteer Fire AGENDA DATE: September 16, 1992 ITEM NUMBER: q:/. Dt/( & .5-; 3. AGENDA Loan Re Departm ACTION:---1L- INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Huff REVIEWED BY: BACKGRO East Ri anna Volunteer Fire Department is approximately $200,000 shy of being able to finish their n w fire station at Glenmore. This amount was to have been realized from the sale of their 0 d fire station at Keswick. The potential buyer of their old station is now unable to clos on the sale. On September 9, 1992, a special meeting of the Jefferson Country Fire and Res ue Association was called at the request of East Rivanna in order to consider a resolut'on of support to ask the County to try to help East Rivanna so that they won't have to stop construction and send the contractors home within the next several days. The new buildin is approximately six weeks from completion. JCFRA meeting, a unanimous resolution was passed supporting East Rivanna's request for th County to consider either that an additional $200,000 be put into the Advance Allocat'on Loan Program (as all current funds are encumbered) or a bridge loan of up to $200,00 to be considered by the county until bank financing can be secured. A repayment of not mor than six months was recommended on either process. DISCUSS If the to be m associa repayme term to is sold precede Advance ON: oard considers placement of an additional $200,000 into the Advance Allocation Fund de available to East Rivanna, this would eliminate the costs to the fire department ed with bank financing for both interest and "points." It would guarantee a regular t schedule through their annual allocation from the County if set up for a 15 year coincide with their original draw of $504,000 from this fund. If their old building this could be paid off immediately. As a drawback, staff has some concern about the t that this action could set in dealing with future requests for loans when all Allocation Funds are encumbered. rnative of a bridge loan to keep the contractors on site and avoiding remobilization uld be structured such that draws could be made against the loan for a period of time until b nk financing could be obtained. This period of time is expected to be approximately 90 days. At the time of this writing, East Rivanna representatives advise that they will forward a letter of pre-approval from a lending institution prior to the Board meeting on Septemb r 16. loan to be repaid from bank loan proceeds removes the County completely from the ion once permanent financing is in place. It will cost the fire department some al expense for the period of time it takes to sell their old building. building has been listed by a real estate agent and is generating some Both of these alternatives are proposed in an effort to prevent the County from the position of having to approve a land use change for the old property in order paid loan proceeds. I AGENDA ~ITLE: Loan Request - East Rivanna Volunteer Fire Department Septemb~r 16, 1992 Page 2 RECO If the cons ide Process 92.133 ATION: Board chooses to make any type of loan, staff recommends that a bridge loan be ed to alleviate the precedent involved in adding funds to the Advance Allocation H"::;J! >.;::' ]f~/(-?r:L- J~. o.io'1.~(i1 1.~I~ ;~.. COUNTY OF ALBEMARLE Dept. of Planning & Community Develapment 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 EMORANDUM Albemarle County Planning Commission Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning &~COmmunityGluU~ Development September 11, 1992 Meadow Creek Parkway Information Meeting ". he Department of Planning & Community Development and Sverdrup orporation is scheduling a public information meeting for the eadow Creek Parkway alignment study. This meeting will~cover eadow Creek Parkway between Rio Road and Rt. 29N, an 'extension f Meadow Creek from Rt. 29N to Airport '~ad (Rt. 649), and the onnector roads to Meadow Creek east of Route 29 (the "T" onnectors). The Board has asked that this meeting be held in he County Office Building Auditorium and be centered around a resentation to the Board, Planning Commission and public with est ions and answers to follow. here are two possible dates for this meeting which do not onflict with Board or Planning commission meetings and in which he Auditorium will be available - October 1 and October 15. The onsultant prefers October 1 because of their schedule and work ommitments. I would like confirmation that this date will be uitable for you. The meeting would begin at 7:00 p.m. Edward H, Ba n, Jr, Samuel Mill David p, Bow rman Charlottesvill Charlotte y, umphris Jack Jouett S L :ec D!':~,!;~ '" 0/-" ,q.2: ... , - ,"-,,,,,-"',-,' ~- . . - -- q;2 t O'1I'!;_~.F:.S ,...' \.-.,',... COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R, Marshall, Jr, Scottsville Charles S, Martin Rivanna Walter F, Perkins White Hall M E M 0 RAN DUM Board of Supervisors CMC jYJ Lettie E. Neher, Clerk, September 11, 1992 Reading List for September 16, 1992 _.BowermJl1 ,c4: - - p.:lg~s.58q( #16J -_end.