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HomeMy WebLinkAbout1992-04-15 FIN A L 7 : 00 P. M. April 15, 1992 Room 7, County Office Building 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 page). 6) SP-91-39. Willie Mae Hoover. Public Hearing on a request to amend SP-88-86 in order to permit rental of a single-wide mobile home on 5.0 ac zoned RA. Property on pvt rd on W side of R t 20 approx 2.7 mi S of Rt 742. TM102,P1E. Scottsville Dist. (DEFER TO JUNE 17). 7) SP-91-41. Gifford & Rachel Crawford. Public Hearing on a request to amend SP-91-15 in order to permit rental of a single-wide mobile home on 2.0 ac zoned RA. Property on N side of Rt 776 approx 3110 mi W of Rt 664. TM18,P8J. White Hall Dist. (DEFER TO JUNE 17) 8) SP-92-01. Paran United Methodist Church. Public Hearing on a request to amend SP-89-104 to permit day care/nursery School in an existing church on E side of Rt 606 approx 0.2 mi N of inters with Rt 29, property zoned RA & EC. TM21 , P16. Rivanna Dist. 9) SP-92-02. Harold & Sarah Hensley. Public Hearing on a request for a Home Occupation-Class B for hauling business involving 3 trucks on property in Oak Hill Subd in SW corner of inters of Pinehurst Court & Rt 631. Property of 0.3 ac zoned R-2 and lies in EC Dist. TM90A, P24D , Sec A. Scottsville Dist. 10) SP-92-03. James River Baptist Church. Public Hearing on a request for a church on 12 acs zoned RA. Property in SW corner of inters of R ts 737/726. TM130, P35A, 35A1. Scottsville Dist. 11) SP-92-05. James & Sue Willis. Public Hearing on a request to amend SP-90-115 to increase number of students permitted in existing day care from 30 to 40. Property of 2.5 acs zoned RA & located on S side of Rt 738 W of & adjacent to Murray School. TM58,P37C2. Samuel Miller Dist. 12) SP-92-06. Blaise Gaston. Public Hearing on a request for a Home Occupation-Class B to permit custom furniture business in a proposed structure of 3500 sq ft on 5.9 acs zoned RA on S side of Rt 662 approx 0.5 mi W of R t 660. TM30, P15 C . White Hall Dist. 13) SP-92-07. Farmington Country Club. Public Hearing on a request to construct a 30,980 sq ft sports club & a 4830 sq ft storage facility to supplement existing 4350 sq ft golf maintenance/storage bldg on approx 28 acs zoned RA. Property on E side of Old Mill Rd approx 500 ft N of inters with Lake Rd in Farmington Subd. TM60E2,P's 1(part)&2. Samuel Miller Dist. 14) SP-92-08. Robert Lee Frazier. Public Hearing on a request to operate a public garage on 2.0 acs zoned RA located on E side of Rt 795 approx 0.4 mi N of Rt 727. TM114, P48. Scottsville Dist. 15) SP-92-10. David & Mary Spradlin. Public Hearing on a request to permit an existing single-wide mobile home to remain on 7.514 ac zoned RA. Property on N side of Rt 620 approx 1.6 mi S of Rt. 795, TM104, P14F1. Scottsville Dist. 16) Public Hearing: FY92-93 Capital Improvements Program Budget. 17) Report: Sheriff's Request for a Transportation Officer. 18) Approval of FY 92-93 County Operating Budget. 19) Set Tax Rates for 1992. 20) Appropriation Request: League of Women Voters. 21) Other Matters Not Listed on the Agenda from the BOARD. 22) Adjourn. CON S E N T AGE N D A FOR APPROVAL: 5.1 Statements of Expenses to the State Compensation Board for the' Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail for the Month of March, 1992. 5.1a Request for amended resolutions abandoning certain sections of roads, and accepting new sections into the State System of Secondary Highways: a) Add the entrance road at Paul H. Cale Elementary School; b) Add the entrance road at the new Crozet Elementary School and abandon the entrance road at the old Crozet Elementary School; c) Add the new entrance road at the Stony Point School and abandon the old entrance road at the same school; d) Add the new entrance road at the B. F. Yancey Elementary School and abandon the old entrance road at the same school. FOR INFORMATION: 5.2 Minutes of the Planning Commission for March 24, March 31 and April 7, 1992. 5.3 Copy of "Water Resources Development in Virginia 1991" as prepared by the US Army Corps of Engineers (on file). 5 . 4 Monthly Bond Report from Arbor Crest Apartments for the Months of December, 1991; January and February, 1992. 5.5 Letter dated April 6, 1992, from D. S. Roosevelt, Resident Engineer, Virginia Department of Transportation, re: Route 240 Guard rails. 5.6 Notice dated March 27, 1992, from the State Corporation Commission titled "In the matter of assessment for taxation for the tax year 1991 for Columbia Gas Transmission Corporation. 5.7 1992 First Quarter Building Report as prepared by the County Department of Planning and Community Development. . Edward H. Ba n, Jr. Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 Forrest R. Marshall. Jr. Scottsville David P. Bow rman Charlottesvill Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall MEMORANDUM T Robert W. Tucker, Jr., County Executive V. Wayne Cilirnberg, Director of Planning and Community Development Lettie E. Neher, Clerk, CMC~ April 16, 1992 Board Actions of April 15, 1992 At the Board of Supervisors' meeting on April 15, 1992, the following were taken: Item No.4. Other Matters Not Listed on the Agenda from the Mr. Kevin Cox, representing the Jefferson Area Wastehaulers Association, ered their services of a truck, some labor, and if necessary, tipping fees, begin cleaning out some of the illegal dump sites around the County. The d requested that the staff coordinate these efforts and bring a report back the Board. Agenda Item No. 5.1a. Request for amended resolutions abandoning certain se tions of roads, and accepting new sections into the State System of Secondary Hi hways: a) Add the entrance road at Paul H. Cale Elementary School; b) Add the entrance road at the new Crozet Elementary School and abandon the entrance road at the old Crozet Elementary School; c) Add the new entrance road at the Stony Point School and abandon the old entrance road at the same school; d) Add the new entrance road at the B. F. Yancey Elementary School and abandon the old entrance road at the same school. Me Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 Da Pa ADOPTED all requested resolutions. Originals forwarded to Hoyt Alford. Agenda Item No.6. SP-91-39. Willie Mae Hoover. Public Hearing on a re uest to amend SP-88-86 in order to permit rental of a single-wide mobile home on 5.0 ac zoned RA. Property on pvt rd on W side of Rt 20 approx 2.7 mi S of Rt 74 TM102,P1E. scottsville Dist. DEFERRED to June 17. (6/0 vote) Agenda Item No.7. SP-91-41. Gifford & Rachel Crawford. Public Hearing a request to amend SP-91-15 in order to permit rental of a single-wide mobile on 2.0 ac zoned RA. Property on N side of Rt 776 approx 3/10 mi W of Rt TM18,P8J. White Hall Dist. DEFERRED to June 17. (6/0 vote) Agenda Item No. He ing on a request ex.sting church on E pe ty zoned RA & EC. 8. SP-92-01. Par an United Methodist Church. to amend SP-89-104 to permit day care/nursery side of Rt 606 approx 0.2 mi N of inters with TM21,P16. Rivanna Dist. Public School in an Rt 29, pro- APPROVED subject to the following conditions: 1. Compliance with Section 5.16 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 provi.sions 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 noncompli- ance 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 Marshal, or any other local, state or federal agency. 2. Maximum enrollment shall not exceed twenty (20) students or such lesser number as may be approved by the Health Department. The Board requested that a statement be included in letters of approval to ap licants outlining what the applicant is permitted to do in the zone for which th approval was received. If the applicant has any questions on uses allowed, co tact the Planning Department or the Zoning Department. (6 0 vote) Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 Agenda Item No.9. SP-92-02. Harold & Sarah Hensley. Public Hearing on a uest for a Home Occupation-Class B for hauling business involving 3 trucks on perty in Oak Hill Subd in SW corner of inters of Pinehurst Court & Rt 631. perty of 0.3 ac zoned R-2 and lies in EC Dist. TM90A,P24D,Sec A. Scotts- le Dist. APPROVED subject to the following conditions: 1. No on-site sales; 2. Not more than two (2) employees who are not family members who reside on-site; 3. Compliance with the performance standards of Section 4.1.4 of the Zoning Ordinance; 4. Repair of drainage pipe under the driveway entrance; and 5. Permit will expire two (2) years after date of issuance. (6 0 vote) on of Agenda Item a request for Rts 737/726. No. 10. SP-92-03. James River Baptist Church. Public Hearing a church on 12 acs zoned RA. Property in SW corner of inters TM130,P35A,35A1. scottsville Dist. APPROVED subject to the following conditions: 1. Staff approval of sketch plan to include Health Department approval, Fire Official approval and Virginia Department of Transportation approval of entrance (please provide the Board office with a copy of the approved final sketch). Locate parking behind the existing dwelling; 2. The existing dwelling shall serve not more than a 60-member congregation and shall have a sanctuary area not to exceed 460 square feet; 3. The property may not be further divided; 4. Approval is structure. permit; for worship and related church use only as to the existing Day care or other such uses will require an amendment to the 5. Only those areas required for the church and appurtenant improvements shall be cleared. All other areas shall remain in a natural state; 6. Access to the church shall be from Rt. 737 only. Existing entrance on Rt. 726 shall be closed; and 7. This permit shall be advertised for review by the Board of Supervisors four (4) years from date of approval. (6 0 vote) Melno To: Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 Da e: Pa~e 4 Agenda Item No. 11. SP-92-05. James & Sue Willis. Public Hearing on a re~uest to amend SP-90-115 to increase number of students permitted in existing daV care. Property of 2.5 acs zoned RA & located on S side of Rt 738 W of & ad~acent to Murray School. TM58,P37C2. Samuel Miller Dist. APPROVED subject to the following conditions: 1. No expansion of the existing building; 2. Access shall be established at a point as far on the west of the parcel as will be approved by the Virginia Department of Transportation; 3. Virginia Department of Transportation approval of a commercial entrance permi t ; 4. Compliance with Section 5.1.6 of the Zoning Ordinance: a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revoca- tion 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 noncompli- ance 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 Marshal, or any other local, state or federal agency. 5. Administrative approval of site plan; 6. Building shall be constructed in general accord with elevations provided in Attachments E and F (copy attached); and 7. Enrollment shall be limited to forty-five (45) students or such lesser number as may be approved by the Health Department. (6 0 vote) Agenda Item No. 12. SP-92-06. Blaise Gaston. Public Hearing on a request fo a Home Occupation-Class B to permit custom furniture business in a proposed st ucture of 3500 sq ft on 5.9 acs zoned RA on S side of Rt 662 approx 0.5 mi W of Rt 660. TM30,P15C. White Hall Dist. Melmo To: Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 Date: Page 5 APPROVED subject to the following conditions: 1. Not more than two (2) employees who are not family members who reside on-site; 2. Compliance with the performance standards of Section 4.1.4 of the Zoning Ordinance; 3. New structure to house the home occupation shall be located as shown on plat initialed WDF and dated 3/19/92 (copy attached); 4. Health Department approval; 5. Permit is issued for use by Blaise Gaston only; and 6. County Engineer approval of method of disposal of all solvents, finishes, paints, lacquers and the like including clean-up materials/liquids and applicators. Mr. Bain asked the staff to look at a possible amendment to the Zoning Or~inance that would allow unique situations of an artistic nature in the rural ar~as. (6110 vote) Agenda Item No. 13. SP-92-07. Farmington Country Club. Public Hearing on a ~equest to construct a 30,980 sq ft sports club & a 4830 sq ft storage faci- Ii y to supplement existing 4350 sq ft golf maintenance/storage bldg on approx 28 acs zoned RA. Property on E side of Old Mill Rd approx 500 ft N of inters wi h Lake Rd in Farmington Subd. TM60E2,P's 1(part)&2. Samuel Miller Dist. APPROVED subject to the following condition: 1. Use of the sports facility shall be for Farmington Country Club members, families and guests under the same bylaws of other club facilities in Farmington. The Board directed staff to address the following concerns expressed by the Ry~er's during site plan review: provision of a circular drive in front of the spprts facility or some other turnaround provided; screening to consist of six to eight foot trees on the outside of the fence; and some kind of opaque gate or sc eening set inside the gate at the maintenance facility. (4 0/2 vote--Bowerman & Humphris abstained) Agenda Item No. 14. SP-92-08. Robert Lee Frazier. Public Hearing on a re uest to operate a public garage on 2.0 acs zoned RA located on E side of Rt 79 approx 0.4 mi N of Rt 727. TMl14,P48. Scottsville Dist. 1'01 Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 D te: P ge 6 APPROVED subject to the following conditions: 1. The public garage use shall be limited to farm, lawn, gardening or motor vehicles. vehicles shall be permitted. No gasoline vehicles shall be permitted; the repairing and equipping of No body work or spray-painting of sales or sale or rental of 2. All work shall be conducted within the existing garage; 3. No outside storage of parts including junk parts and junk cars. Refuse awaiting disposal shall be stored in appropriate containers; 4. Not more than two (2) motor vehicles, awaiting repair, shall be parked on the property outdoors at any time and these shall be located behind the garage; 5. Fire and Building Official approval; 6. Compliance with recommendations described in Virginia Department of Trans- portation letter dated February 25, 1992, except for the last sentence (copy attached); 7. Hours of operation shall be limited from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, and no operation of the garage on Sunday; and 8. No employees. vote) Agenda Item No. 15. SP-92-10. David & Mary Spradlin. Public Hearing on a uest to permit an existing single-wide mobile home to remain on 7.514 ac ed RA. Property on N side of Rt 620 approx 1.6 mi S of Rt. 795, TM104, Fl. Scottsville Dist. APPROVED subject to the following conditions: 1. The following conditions shall be met within 60 days of Board of Supervi- sors' approval of this petition or this special use permit shall be referred to the Board of Supervisors for revocation in accordance with Section 31.2.4.4 of the Zoning Ordinance: a. The mobile home shall be relocated to an area behind the rear wall plane of the garage building in such manner that a portion of the mobile home shall be within fifty (50) feet of the garage building while maintaining setback and yard requirements specified for the Rural Area zone; b. Albemarle County Building Official approval; and c. Virginia Department of Health approval of well and septic system; Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 2. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; and 3. The mobile home shall be occupied only by the family of David and Mary Spradlin. vote) Agenda Item No. 16. Public Hearing: FY92-93 Capital Improvements Program get. No action. Scheduled for adoption on May 6. Agenda Item No. 17. Report: Sheriff's Request for a Transportation Offi- Agreed to the County Executive's recommendation that the funds in the FY 93 budget for the County's share of the bailiff position be placed in the d's contingency account and that a manpower allocation analysis be conducted du ing the coming fiscal year by either in-house staff or the Department of Cr"minal Justice Services to determine the optimum allocation of resources to he p both the Police Department and the Sheriff's Department. The Board indicated that if the manpower allocation analysis determines Sheriff needs additional personnel, that it formally support the Sheriff's eavors with the Compensation Board and, if necessary, appeal the decision ough the Court system. The Board requested that staff discuss this with the nty Attorney and bring a report back in May. Agenda Item No. 18. Approval of FY 92-93 County Operating Budget. APPROPRIATED an additional $3113 to MACAA's budget to come from the Board's Co tingency Reserve to bring to their requested funding level of $40,283. (4 2 vote) ADOPTED the attached resolution. A copy has been sent to Melvin Breeden. (6 0 vote) Added discussion of the public health nurse positions with the School Board at the joint meeting on June 3. Agenda Item No. 19. Set Tax Rates for 1992. ADOPTED the attached resolution. A copy has been sent to Melvin Breeden as Ie uired by State Code. te: ge 8 Robert W. Tucker, Jr. V. Wayne Cilimberg April 16, 1992 mo To: Agenda Item No. 20. Appropriation Request: League of Women Voters. APPROPRIATED $240 from the Board's the brochure on septic tank systems. om Melvin Breeden. (6/0 vote) Contingency Fund to cover printing costs An appropriation form has been requested Item No. 21. Other Matters Not Listed on the Agenda from the Joyce Engineering to make joint presentation to Board and City Council at luncheon meeting on May 8. The Board agreed to accept David Emmitt's application for the Fiscal Impact 'ttee since he originally requested consideration to serve on such a commit- in January, 1992. Set aside two hours on May 6 to discuss the applications received on the Fiscal Impact Committee. Mr. Bowerman announced the observance of National Crime Victims' Rights We k, April 26 through May 2. Agreed to send flowers to Dr. Paskel from the Board. Agenda Item No. 22. Adjourn. 10:52 p.m. LE : ec At achments cc' Richard E. Huff, II Robert B. Brandenburger Roxanne White Amelia Patterson Jo Higgins Bruce Woodzell George St. John File RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle C unty, Virginia, does hereby set the County Levy for the taxable y ar 1992 for General County purposes at Seventy-Two Cents ($0.72) o every One Hundred Dollars worth of real estate; at Four Dollars a d Thirty Cents ($4.30) on every One Hundred Dollars worth of a sessed value of personal property; at Four Dollars and Thirty C nts ($4.30) on every One Hundred Dollars worth of assessed value o machinery and tools; at Seventy-Two Cents ($0.72) on every One H ndred Dollars worth of assessed value on mobile homes; and at S venty-Two Cents ($0.72) on every One Hundred Dollars worth of a sessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle unty assess and collect on all taxable real estate and all xable personal property, including machinery and tools not sessed as real estate, used or employed in a manufacturing siness, not taxable by the State on Capital; including Public rvice Corporation property except the rolling stock of railroads sed upon the assessment fixed by the State Corporation Commission d certified by it to the Board of Supervisors both as to location d valuation; and including all boats and watercraft under five ns as set forth in the Code of Virginia; and vehicles used as bile homes or offices as set forth in the Virginia Code; except rm machinery, farm tools, farm livestock, and household goods as t forth in the Code of Virginia, Section 58.1-3500 through ction 58.1-3508. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w iting is a true, correct copy for a resolution adopted by the Bard of Supervisors of Albemarle County, Virginia, at a reguiar meeting held on April 15, 1992. ~.. ~ r c~~~ ~unty RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle C unty, Virginia, that the operations budget for the County for the Fiscal Year beginning July 1, 1992, be approved as follows: General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Contingency Reserve Education - Debt Service Education - Operations Total $ 3,845,643 1,272,681 6,448,216 1,692,592 4,023,923 2,541,908 1,727,374 3,426,000 56,000 1,000,000 97,414 5,195,385 59,141,120 $90,468,256 * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Bo rd of Supervisors of Albemarle County, Virginia, at a regular me ting held on April 15 199~ . ~ Clerk, Board of C nty Supervlsors ~~. ; .. .(sr."OI- d::; G J i' rhCEO 2 I 0 IATTACHMENT II / I ,k ~ ~~ 0'" --..~o '0 . .,._<<_ .... ... %9 ~ PROPOSED STRUCTURE ....,r... 110 .,..JO \ ;: 8.64 Ac. '1/. 11'..-,'''' .1- --~----- ~-=- lo " '. ~ .. o .. ~~ ~j, ,l&L i, ....,.'1 frCll' ,tloc ,rO'fi.iOft' of the .\IlM1i'fi.iOft re,u'Uion, jft c""ler 1'.1. . . PL.AT SHOWING SURVEY OF 16.75 ACRES A REDIVISION OF PARCEL.S 158, 158(1) eo 15C T.M. 30 NEAR RAYS FORD BRIDGE AL.BEMARL.E COUNTY, VIRGINIA tJv f Jq ':t 3/f'! or " '. , " , ',' ....t: :: flOIl' WILLIAM S. ROUDABUSH, INC. A ,...fe:ni...' C.rp.,..U." rF~T'F'Fll I Mill SIl~YErnU ". ....t( " _ '\".:- ~1i ~ . '5'(0" ~ I ATTACHMENT 0 I Page 3 February 25, 1992 Mr. Ionald S. Keeler Spec'al Use Permits & Rezonings 7. ~P-92-08 Robert Lee Frazier, Route 795 - This section of Route 795 is currently non- olerable. This request is to operate a public garage which would result in some increase in traffic. The existing gravel driveway in front of the building that would appear to serve as the garage does not have adequate sight distance. A minitum of 350' of sight distance is required and there is only 200' of sight dist.nce to the north, 300' of sight distance for a vehicle turning left into the entr.nce and 325' of sight distance to the south. To obtain adequate sight distance in be th directions would require clearing, possibly some grading and removal of vege ation as well as sight easements. The Department also recommends that the accelS be upgraded to commercial standards, which would include widening and hard surf. dng. Sincerely, ~.a-&j~ J.A. Echols Assistant Resident Engineer JAE/ dw cc: R. Y. Hofrichter I ~'Y . , '" ~ , \ .} :1 . . . . . .' ;" '." . . . 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I" .' ;~.; ~. .hl' .! ',. . " ,"l .: " .t'.. ",: ~ . ., , '1.::., ;';'.'Jf.'; ---.'.--. ~. .' " "'''rl/ . , '. -\ I \ATTACHMI;NT FI1 .~':. I ., I ,~ , f: j I I I ", ..... ';":~'.~ ~ ~. . -- -.. L.- ~ .' ~ .'- f'. ~'~l . TTTTlTJT.T . LlLLL .J I I [-:-n.:rr:rl . _~:L ILl..", I=---~{ 1'" ;.v - .r. ~ . " " . . . ,'. :'.' , . .... r!' . . I,: ,'. ,. '. ., .' / r I I , . ., .' e. ,I ii " L " " "'_~::; .'I ::." .... ,... '.i: '. c.' ". ;:,'. '0'- ..... ..:...:. 1~' .' ..... . ,',.' ,,-.i',.:.. . .. . ;.'. : ~l.:';';i.\~'..: >>~ ;:::.... ~:'ii;~i1.~~i~\:\;;. . '~':" ,. ,;'i' .. :n<;::r:'~'t\,. :- :':" ; :".\ ...;!,t~,,"'q\"""'J.~ "'~"~~" :.:.. ",~' ~"'.:. :;.~"~::::~:'~:"~:"':;~:~";:;:~:F~;~':U;~~~~~;~::~"~'r7' " .....:,.., , " . " 9,-1, (i <II j- (..\-, / ) ATEMENTS OF EXPENSES State Compensation Board Month of /J'Jud. /9';12/ / County Share State Share Total 611/, 7k' b/# cf'C /f ~~~ J:,3b --- 0 ___ ---- 0 __. I i j l t ~ : 1 ONWEALTH'S ATTORNEY: -0- --0-- 52;?;! cf/ . 5~/?;7 . !: ~ , I 1 , I i I ... \ I i i Not Expenses listed above are only those office expenses in whi h the State Compensation Board has agreed to participate, and are not the total office expenses of these departments. J' i ,/ / Edward H. Ba n, Jr. Samuel Mill r COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 ;: J''r'" . i' 1 d " f limest R.~rshall, Jr. ScoUsville David P. Bow rman Charlottesvil e Charles S. Martin Rivanna Charlotte Y. umphris Jack Jouett Walter F. Perkins White Hall M E M 0 RAN DUM T Hoyt B. Alford, III, Civil Engineer Engineering Department Lettie E. Neher, Clerk, CMC~ April 16, 1992 F Resolutions to abandon/accept roads into the State System of Secondary Highways At its meeting on April 15, 1992, the Board of Supervisors opted the fOllowing amended resolutions to abandon certain se tions of roads and accept new sections into the State Secondary S Highways: a) Add the entrance road at Paul H. Cale Elementary School; b) Add the entrance road at the new Crozet Elementary School and abandon the entrance road at the old Crozet Elemen- tary School; c) Add the new entrance road at the Stony Point School and abandon the old entrance road at the same school; and d) Add the new entrance road at the B. F. Yancey Elementary School and abandon the old entrance road at the same school. Attached are all of the signed resolutions. L :ec At achrnents: Original and 3 copies of each t RES 0 L UTI 0 N WHEREAS, the Albemarle County School Board has constructed a w route to be used by buses at Paul H. Cale Elementary School; d WHEREAS, Section 33.1-68 of the Code of Virginia provides for e Virginia Department of Transportation to maintain school trance roads on which buses are operated; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of bemarle County, Virginia, that the following section, as outlined the attached site plan, be added to the Secondary Road System rsuant to Section 33.1-68 of the Code of Virginia: Beginning at station 0+00, a point centerline of the loop circulation road the pavement of Route 712, thence in direction 840 feet to station 8+40, the circulation road. common with the and the edge of a southeasterly end of the loop AND BE IT FURTHER RESOLVED that the Virginia Department of T ansportation be and is hereby guaranteed a 30 foot unobstructed r"ght-of-way along the requested addition, as outlined on the a tached site plan. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w iting is a true, correct copy of an amended resolution adopted by t e Board of Supervisors of Albemarle County, Virginia, at a r gular meeting held on April 15, 199~. ~~ ~ c1er~~~;i of cou~~rs : '. WHEREAS, the Albemarle County School Board has constructed a nlew Route to be used by buses at Paul H. Cale Elementary School, alld WHEREAS, Section 33.1-68 of the Code of Virginia provides for tne Virginia Department of Transportation to maintain school e~trance roads on which buses are operated, and WHEREAS, the Albemarle County School Board guarantees to the A bemar1e County Board of Supervisors a 30' right-of-way for 840 fl~et . THEREFORE, the Albemarle County School Board does hereby r~quest the Board of Supervisors to accept the changes stated below: The following section, as outlined on the attached site plan, b~ added to the Secondary System pursuant to Section 33.1-68 of tlle Code of Virginia: Beginning at station 0+00, a point common with the centerline o the loop circulation road and the edge of pavement of Route 71l2, thence in a southeasterly direction 840 feet to station 8+40, tne end of the loop circulation road. I, Charlotte C. Self, do hereby certify that the foregoing w iting is a true, correct copy of a resolution adopted by the S(~hool Boftrd_ 9f Albema.rle County, Virginia, at a regular meeting hleld on ~ ~! (1q 2- C~C~ Clerk, School Board ) Pea ';'~'l..e:. x.... 38 ~p 2.Ty G';"'JltR"E.l..EY 583.'>3 Ve; co Po,:! YN-04.. ry COR:"'F~': ELE.V. Sc:r3.+~. J' \ ING (i ~' _ >le-" E;~~ I'? "I' ~IN i= 5'30 -~ e~,60 , " ~"o '- FI\ Eo ............-...- .ft.... .... ............. -, :'=:, :JAM COl.Is,. :;NTRAr-/CE. - - AlII , , . , , , 'NV '$7/.0. IIIlV S70.? LlL"Ur 01=" WORK L.11.Je. ~ TWIICTUR( I Outlet 'rotection Ell-I 18. RCP 01-" ISO RCP 01_1 t ~t Protec:Uoo 8 Ell-I , ". ACP 10 01.31 n I IIvrn II 10' 565.11 '" SU.. lolO' 5".511 SO' SIUIl " m.1lI " . '" SlI.JO' , lolO' 51,.1Q'; [~L6 RES 0 L UTI 0 N WHEREAS, certain changes have resulted in the Secondary System abandonment of Route 9010 and construction of a new route; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of A bemarle County, Virginia, that the following section, as outlined i green on the attached site plan be added to the Secondary Road S stem pursuant to Section 33.1-68 of the Code of Virginia: Beginning at station 0+00, a point common with the centerline of the loop circulation road and the edge of pavement of Route 810, thence in a southeasterly direc- tion 986 feet to station 9+86, the end of the loop circulation road. BE IT FURTHER RESOLVED that the following section, as indi- c ted in red, be abandoned in accordance with Section 33.1-155 of t e Code of Virginia: Beginning at station 0+00, a point common with the edge of pavement of Route 810 and the centerline of the school's circulation road, thence in a northwesterly direction approximately 789 feet to station 7+89, the end of the loop circulation road. AND BE IT FURTHER RESOLVED that the Virginia Department of Transportation be and is hereby guaranteed a 30 foot unobstructed ri ht-of-way along the requested addition, as outlined on the at ached site plan. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing wr'ting is a true, correct copy of an amended resolution adopted by th Board of Supervisors of Albemarle County, Virginia, at a re ular meeting held on April 15, C ... \~EREAS, the Albemarle County School Board bas constructed a route to be used by buses at Cro~et Elementary Schao~, and WHEREAS, Section 33.1-68 of the Code of Virginia provides for Virgini.a Department of TJ:ansportatian to maintain school rance roads on which buses are operated, and WHEREAS, the A1bemar1e County School Board guarantees to the right-of-way for 986 THEREFORE, the Albemarle County School Board does hereby est the Board of Supervisors to make the changes stated below: fOllowing section, as outlined on the attached site plan, to the Secondary System pursuant to Section 33.1-68 of of Virginia: Beginning at station 0+00, a point common with the centerline the loop circulation road and the edge of pavement of Route , thence in a sOUtheasterly direction 986 feet to stati.on 9+86, end of the loop circulation road. In addition, the following. section .of Route 9010, as indicated the shaded area on the drawing dated February ~3, 1941, will be doned in accordance with Section 33.1-155 of the Code of ginia: Beginning at station 0+00, a point cammon with the edge of ement of Route 810 and the centerline of the school's circula- n road, thence in a westerly direction approximately 789 feet station 7+89, the end of t-he loop ci:z:culation road. I, Charlotte C. Self, do hereby certify that the foregoing ing is a true, correct copy of a resolution adopted by the 01 Board of Albemarle County, Virginia, at a regular meeting on ~ Co) Iq12- . ~C~ Clerk, School Board - v\X-tO"Oll l~:rollolllvlS .._-.-.,- VllltllM '.uN/\JJ J"QI'<rlNW lOO\1JS A'd'V lN3\^t3l3 . 1310'dJ ....w&7C ; . ..~"'.. . .,,--'.....: l~~."..,.--.... JNI ,.uoaso , / ,^".. VI "-\ ::r> rt ~ ~ ~ ----1 r C1 ~ ~ s: .IN"'lI''lh'f'' ';J .1 Jd..l.1.. ~ A r-:-- ~J 9 .} ,/ ( --~~-\- :!! 5. 00 :2:> 3:.... ~o oz ~CP o N"" 'en (;ic; ,z .,. v C);C: ...... 3: .. .' ":' -. I CD rr1 :n -< 51" ..... . . . '. . ~ :~.. . .. ... . '. .' ::. : . -. '. ~.. ".' :..... .. ..0 . fT1 l> Z ..,....""...:: .... :. o ;j -;::::. ': '.: ':: :": . Q l> J...::. :.. .::! 2: CD o . z~fT1 ..... C) ~ . ::.. o ~ ..,...."". '+;:.:~": ....:'-;',. (/) N ~ ::'\.'. m fT1::O' .r: (') . o -fr 5 :; I"T1 l>G'>J.J :O:I: . -< . . .' tf) . .. . (/) C) (') - ~:I:O -10. ",0 ~r ~ N <> ~ ... -f o :B ;of.' . ,.. o III : :.. . . , ...:.... :., ". '>i' '..<.~ ....... . , :. "-0" . ... .... -----, "- "- '- '-..... ~ t.......... r""" ""z :0:.... ;"-: II~ N 02 ~ '0 O. (' Vi"" 0 tf) --. --- ~ fT1 J'~ (J) C):u ::tl :2: -f-f , "" r; ~ 0 II en t>I .... lD W O. 0 Z 0 0 p "" O- r \ mO () G ") RES 0 L UTI 0 N WHEREAS, certain changes have resulted in the Secondary System d e to relocation and construction of Route 627; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of bemarle County, Virginia, that the following section, as outlined green on the attached site plan, be added to the Secondary Road stem pursuant to Section 33.1-68 of the Code of Virginia: Beginning at station 0+00, a point common with the centerline of the loop circulation road and the edge of pavement of Route 627, thence in an easterly direction 520 feet to station 5+20, the end of the loop circulation road. BE IT FURTHER RESOLVED that the following section, as indi- c ted in red, be abandoned in accordance with Section 33.1-155 of t e Code of Virginia: Beginning at station 0+00, a point common with the edge of pavement of Route 627 and the centerline of the school's circulation road, thence in an easterly direc- tion approximately 420 feet to station 4+20, the end of the loop circulation road. AND BE IT FURTHER RESOLVED that the Virginia Department of T ansportation be and is hereby guaranteed a 30 foot unobstructed r'ght-of-way along the requested addition, as outlined on the a tached site plan. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing w iting is a true, correct copy of an amended resolution adopted by t e Board of Supervisors of Albemarle County, Virginia, at a r gular meeting held on April 15, ~.~ c~rd of County Supervisors i-''''' ,t......_' L... - ..... & - . j;;,;.L-:-:.v..... .~ WHEREAS, the Albemarle County SChool Board has altered Route 627 used by buses at Benjamin F. Yancey Elementary School, and WHEREAS, Section 33.1-68 of the Code of Virginia provides for Virginia Department of Transportation to maintain school ranee roads on which buses are operated, and WHEREAS, the Albemarle County School Board guarantees to the emarle County Board of Supervisors a 30. right-of-way for 520 t. THEREFORE, the Albemarle County SChool Board does hereby es.t the Board of Supervisors to acc.ept the changes stated below: The following section, as outlined on the attached site pLan, added to the Secondary System puz:s.uant to Section 33.1-68 of the e of Virginia: Beginning at station 0+00, a point common with the centerline the loop circulation road and the edge of the pavement of Rt. , thence in an. easterly diJ:ection approximat~l.y 520 fee.t to tion 5+20, the end of the loop circulation road. In addition the followi11g section will be abandoned in ordance wi.th Section 33. ~'-15S of the Code of Virgini.a~ Beginning at station 0+00, a point common with the edge of ement of Route 627 and. the centerline of the school's circulation d, thence in a easterly ~t~ection approximately 420 feet to tion 4+20, the end of the loop circulation road. wr Sc he I, Charlotte c. Self, do hereby cert.ify that the :foregoing ting is a true,. correct copy of a resolution adopted by the 001 Board of Albemarle CO\lnty, Virginia~ at a regular meeting d on ~rol Iqq d. . r~c~ Clerk, School Board YANCEY SCHOOL ~ ......-. ~.; . 'f r '~ LOCATION " , j ROUTE 627 \ 16' ST. -E,DGF: a.30M\. S. INT. ROUTE .6 Ii t .- "J:. q BENJAMIN F. YANCEY ELeMENTARY SCHOOL - ESMONT , VIRGINIA LENGTH 0.08 MI.. l> r CD rrJ s: l> ::0 r IT) () o c Z -I -< R'OUTE 627 o 30 MI INT RTF G RES 0 L UTI 0 N WHEREAS, certain changes have resulted in the Secondary System to relocation and construction of Route 9008; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of emarle County Virginia that the following section, as outlined green on the attached site plan, be added to the Secondary Road tern pursuant to Section 33.1-68 of the Code of Virginia: Beginning at station 0+00, a point common with the centerline of the loop circulation road and the edge of the pavement of Route 20, thence in a southerly direction 526 feet to station 5+26, the end of the loop circulation road. BE IT FURTHER RESOLVED that the following section, as indi- ca ed in red, be abandoned in accordance with Section 33.1-155 of th Code of Virginia: Beginning at station 0+00, a point common with the edge of pavement of Route 20 and the centerline of the school's circulation road, thence in a southerly direc- tion approximately 526 feet to station 5+26, the end of the loop circulation road. AND BE IT FURTHER RESOLVED that the Virginia Department of Tr nsportation be and is hereby guaranteed a 30 foot unobstructed ri ht-of-way along the requested addition, as outlined on the attached site plan. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of an amended resolution adopted by th Board of Supervisors of Albemarle County, Virginia, at a re ular meeting held on April 15. ~ . 6. ~d 0 County Supervisors WHEREAS, the Albemarle County Schaal Board has altered Route 9008 used by buses at Stony Point Elementary School, and WHEREAS, Section 33.1-68 of the Code of Virginia provides for t e Virginia Department of Transportation to maintain school e trance roads on whiCh buses are operated, and WHEREAS, the Albemarle County School Board guarantees to the emarle COWlty Board of Su;pervisors a ]0 I ri.ght-of-way for 52.6 t. THEREFORE, the ALbemarle County School. Board does hereby re est the Board of Supervisors to accept the cbangP,5 stated below: The following section, as outlined on the attached site plan,. added to the Secondary System pursuant to Section 33.1-68 of Code of Virginia: Beginning at station 0+00, a point common with the centerline the loop cllcul.ation road. and. the edge of pavement of Route 20, nce in a southern direction 526 feet to station 5+26, the end the loop cirCUlation road. In additi.on the following. section will be abandoned in ordance. with Section 33.1-155 of the Code of Virginia.: Beginning at station O+OQr a point common with the edge of emen.t af Route 20 and the centerline of the schco~ I s cUC'\Ua- n road, thence in a southE~rly direction approximately 526 feet station 5+26 I the end of the loop circulation road. I, Charlotte C. Self, do he~eby certify that the fo~egoing wr ting is a true, correct copy of a resolution adopted by the Sc 001 BoJtr~d ~ot Albemarle County, Virginia., at a regul.ar meeting he d on ~(PJ /q~L . c~~~ "ll_., . 0.'1; .,/ ,....., .. 2~' "oil. _. I" a... o. r.' ---- - --- ..... .... ......~;,.a..... ...,.. "III,,"ul. ___ /" ,.- /' ./ / " / .' ~.-----...- -~ '1 ...J..... ~. -(''I, ._ 'i~ '.0"" ..01 .... It"l ;~. . . ~ "" .hl...."I...f ""~I.., '........,.... ...t' "'"..1,..., :-:.~~,;~\ . ,":-- ' ' . .. . ~:"""":~'::-;::t:~:';~:'o""~~~ .;; .....;.,~. -............... ...._, ....":....'...4,..... ..:.~..;{ \11II"1- '..-1 .r........ '1.JlClO .1Il..!t./U.II..... h. Mot;, ~:::~~~:~=:,~~~?~~~~:t3.:~ ad <<........".. )~ E\~T..f:>.;:,.; -g.-., I !. ,":'.1"~r.;..... '. ~ , , { . , .' 'PT"~ " , , , . , " , . I , I I I I , I I I I , , I. I : (;0 jt '''0, , , I , " I I ,',' I , , I . ' . , , ,. I \ I I II ' ,I .( ,. ,I " ., , . . ,. \ .... m, Sf' \., :':ril . " ./, , i/, ~,,/., " , . . , I , , , (.IIl.,,,J I .'~o~ , STONEY POINT SC HOOL .,...:' ....,... ;~-!....,I,' ""!: ' ., ; , W.. 'i " I. . \ row 00 00 Ol m' ....:....: 0::0 \JJ UJ . ----, r--- I i b I -.-,. '-";o.",u . i ',-- &u,,~,od '--. I I -J L_ ____ . . " ) ] 7. { -J o {~ -f- i ~~. Y',{ ~ . 2 { ~" 4l t ~~ i;'~ 'Il ~ '-<j ,,~ ~ ~ .~ ,~ ~ ~~ lO o 8 ti ~ ,"/' ~. ,'-: .~ ~ 5 ~ d 0 ~ '" ,,1? ,,,rs ljW~~ '-J UJ ~ ~ 'S: ') t- ~~ ~ ~ W z '1 ~ ~ ~I .....J 0 t ~\ 'l :t a.. ~~" ~ t'Y>- t~ ~ u... \JJ ):!,~ t <( z ~ ~ III .() ~~ ~~H WW ~~L~ CDo~~~1 .....J ~ ,~ ~ ~ <(~ ~ ~ . z w . '..' ~k " ~ ., 'j' ~, ....~ '. ~ ~ . 0..., .~~ t~ ~~~ " ti~ . ,~~ . . .t! ~ ~ ~'S ~~ ~ . .,;'.... h-:,.... .o.~.~ t u ~~ " P. vI 1~\1' COUNTY OF ALBEMARLE Department of Engineering 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5861 (L[lflf[OO @[f lfOO~~~[K1Jn1T1J"~[b l..-.~ ; /,_ l i<' ,,:~ ATTENTION I DATE IJ08 NO TO L,.>1i,,' l'J, \- . ,- : GENTlEMI N: WE ARE SENDING YOU 0 Attached 0 Under separate cover via ,.. the following items: o Specifications o Shop drawings o Copy of letter o Prints o Change order o Plans o o Samples COPIES DATE 11I0, 1 :~j II , Li. '. '" I :, I i '. .-, I '-. \ '-' !:, ' '- I ~t ;,0 I: " ~-i DESCRIPTION / ,. i- (' " [,1 -I~;' 'f M,'JCc",, I );, -"'~ .J · .. , ) !~~)<:;(;\.,,_\,",-j .AI' "J,-: I r'l, '(.,', h.-c "",I., ~/ I;/,..,~. f-'-,,, (, ).~,-y <'.1 C{ '~; f', i (,-/',',' It... L,-<,.t ' _., 1,_., ---, :. \.> (' ) ,~ I. ',./ "t.e.. THESE AR"", TRANSMITTED as checked below: [iJ/For approval 0 Approved as submitted o For your use o As requested o Approved as noted o Returned for corrections o Resubmit_copies for approval o Submit_copies for distribution o Return_corrected prints o For review and comment 0 C,J FOR BIDS DUE REMARK~ 19 o PRINTS RETURNED AFTER lOAN TO US COpy , 0 SIGNED: \-li I" ~ ,j 'I, 'I ' ! ~".. ~/{ " ene'osur.. ar. not .. not.d: kindly notify us .t once. .L./- /~ --0 , / /' ,-- A i'~ '!;, ..f'~.' t.;//~~6___'1) III South Calvert Street Suite 1540 Baltimore, Maryland 21202 410-659-7500 l>,l<~: A ril 3, 1992 . Bob Richardson vran Bank, N.A. st Office Box 26904 chmond, Virginia 23261 Arbor Crest Apartments (Hydraulic Road Apts.) ar Mr. Richardson: closed please find the revised Bond Program Reports and Monthly ports Pursuant to Section 7(a) of the Deed Restrictions for the nths of December 1991 and January 1992. Also enclosed is the nd Program Report and Monthly Report for the month of February 92. you have any questions, please do not hesitate to contact me 410-659-7500. Sincerely, ~~JlQ~,dk L1f~11C(){ry.~Jt12--~ Sheila H. Moynihan roject Monitor ~~'\'!;."4"'.'.If~. Clerk or the Board of Supervisors Albemarle County Office Building 401 McIntire Road Charlottesville, VA 22901 L.' 4 BONO PROGRAM Rf.PORT ,~, ~. - Monlh December V..r 1991 Property: rbor Crest Apartments (Hydraulic Road Apts.) Project .: 051-35371 location: harlottesville, VA Number o' Units 66 SubmlUtd Dy: Loretta Wyatt January 6, 1992 Effective 12/31/91 Ma~ger OaTe Total Occupied 66 Bond Occupied I. LOw( ~ INCOME 1,~ The lollO'Oll Ing units h.~ bc<en designated as "lowe' Income" unlls , 1 f\rbor Crest Dr. 2' Eleanor Blair 41 61. 2 4 ~rbor Crest Dr. 22 Margaret Q. Sandford42 62. 3 5 !\rbor Crest Dr. 23 Fannie G. Tisdale 43 63. 4 6 I\rbor Crest Dr. 24 George C. Barnett, SQ' 64. S 9 la.rbor Crest Dr. 25 Virginia Burton 4S 65. 6 12 ~rbor Crest Dr. 16 G. Robert Stone 46 ee. 7 , 15 [Arbor Crest Dr. 27 Jane Wood 41 67. a 20 ~rbor Crest Dr. 25 Evelyn Mandeville 48 6a 9 24 Arbor Crest Dr. 29 Gertrude Breen 49 69. '0 78 Arbor Crest Dr'30 Ernest M. Nease 50 70. " 84 Arbor Crest Dr. 31 Juanita Boliek ~, 71. 12. 90 Arbor Crest Dr. 32 Florence Wheeler 52 72. 94 Arbor Crest Dr. Sarah E. Fischer ,J JJ 53 73. '4 106 Arbor Crest Dr'J4 Katherine T. Nowlen 54 74. tS J5 ~5 75. 16 36 ~ 7e. t 1 31 51. 77. Its J4 ~. 78. 19 39 59 71. ~O 40 60 eo. Tl'\e en.n ~s Itom p'ev.ous repo,t ,..lIeeted in the above "s"ng "e Oelellona Addl1Sone .to 86 Arbor Crest Dr'H Mary A. Hoxie 1.' 11. 2 12 2 12. :I 13 3. 13. 4 '4 4. 14. S 15 5 '5. 6 '6 6 1&. 7 17 1 17. I '8 8. 18.. I 19 9 'I. 10 20 10. 20. I .' , Effective December 31, 1991 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS : ABG Associates, Inc. 300 E. Lombard Street Baltimore, Maryland 21202 : Hydraulic Road Apartments - Aroor Crest ApartIrents Charlottesville, Virginia rsuant to Section 7(a) of the Deed Restrictions (the "Deed strictionsW), as defined in an Indenture of Trust dated as of rIll, 1983, between the Industrial Development Authority of bemarle County, Virginia (the WAuthorityW), and your bank, as ustee, the undersigned author ized representative of chmond-Albemarle Limited Partnership, a Virginia Limited rtnership, (the wPurchaserW), hereby certifies with respect to e operation and management of Hydraulic Road Apartments, arlottesville, Virginia (the "ProjectW), that as of the date own below: 1) The number of units in the Project occupied by lower income tenants is 14 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 52 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 21% 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. I WITNESS WHEREOF, the undersigned has signed this Report as of January 6, 1992 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership &--/'~- By: u&L?'..-- /7 ~?<...L <- Authorized Representative ., - ~Ri,*~' BONO PROGRAM R~PORT .c Month January v..( ~ Property: ~rbor Crest Apartments Project .: 051-35371 loc.tion: ~harlottesville, VA Numbe, of Unit. 66 Submitted ~y: Loretta Wyatt February 5, 1992 Effective 1/31/92 M'r\A~' O.Te Total Occupied 66 LOWE' INCOME Bond Occupied I. 14 The 101l0w ng units hl~ been designated IS ..tow.r Income'" units 1 1 P. rbor Crest Dr. 21 Eleanor Blair 41 81. 2 4 P. rbor Crest Dr. 22 Margaret Q. Sandford 42 62. 3 5 P. rbor Crest Dr. 23 Fannie G. Tisdale 43 aJ. 4 6 1 roor Crest Dr. 24 George C. Barnett, Sic' &4. S 9 1 rbor Crest Dr. 25 Virginia Burton 4~ 05. 6 12 1 rbor Crest Dr. 76 G. Robert Stone <Ie ee. 7 . 15 rbor Crest Dr. 21 Jane Wood 41 67. e 20 rbor Crest Dr. 25 Evelyn Mandeville .5 e.a 9 24 rbor Crest Dr. 29 Gertrude Breen 49 69. 10 78 rbor Crest Dr. 30 Ernest M. Nease 50 70. " 84 rbor Crest Dr. 3t Juanita Boliek ~1 71. 12. 90 rbor Crest Dr. 32 Florence Wheeler 52 72 tJ 94 rbor Crest Dr. JJ Sarah E. Fischer 53 73. 1. 106 ~rbor Crest Dr. 34 Katherine T. Nowlen 54 74. IS 35 55 75. 16 JG 56 10. 11 31 51. 77. lIS 38 5&. 78. 19 39 59 78. ~'O 40 60 80. Tne c".n ~s '(om pfev10us report I,.lIected in th. .bove "sling It. D.I.llona AddlUona .to '" 1.' 11. 2 12 2 12. 3 13 3. 13. ! .. 14 4. 14. 5 15 5 15. 6 t6 6 10. J \1 7 17. I 18 8. 18.. I t9 9 It. to 20 to. 20. I J Effective January 31, 1992 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lombard Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apa.rt::Inents Charlottesville, Virginia Pursuant to Section 7 (a) of the Deed Restr ictions (the "Deed Re trictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Al emarle County, Virginia (the "Authority"), and your bank, as trustee, the undersigned author ized representative of Richmond-Albemarle Limited Partnership, a Virginia Limited Partnership, (the "Purchaser"), hereby certifies with respect to t e operation and management of Hydraulic Road Apartments, C arlottesville, Virginia (the "Project"), that as of the date 5 own below: 1) The number of units in the Project occupied by lower income tenants is 14 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 52 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 21% 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. I WITNESS WHEREOF1 the undersigned has signed this Report as of February 5, 199z RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~~kZZ;: -' 1~ . c~. Au horized Representative J - - 80NO PROGRAM REPORT Month February y 1992 ..,_ Property: Arbor Crest Apartments (Hydraulic Road Apts. ) P . 051-35371 ro~' .: loc.tion: Charlottesville, VA Numt>., of Unita 66 Subm."td by: Loretta Wyatt March 5, 1992 Effective 2/29/92 M.t\a~r D.Te Total Occupied 66 LOwtl Bond Occupied 14 .. INCOME The 101l0w ng units hive been designated AS "Iower Income' units I 1 J rbor Crest Dr. 21 Eleanor Blair 41 81. 2 4 1 rbor Crest Dr. 22 Margaret Q. Sandford42 62. 3 5 J rbor Crest Dr. 23 Fannie G. Tisdale 43 63. 4 6 1 roor Crest Dr. 24 George C. Barnett, Si.c' 64. S 9 1 rbor Crest Dr. 25 Virginia Burton 45 as. 6 12 I rbor Crest Dr. 26 G. Robert Stone 46 ee. 7 . 15 I rbor Crest Dr. 27 Jane Wood 47 87. a 20 i rbor Crest Dr. 2a Evelyn Mandeville 48 6S 9 24 f rbor Crest Dr. 29 Gertrude Breen 49 69. 10 78 1 rbor Crest Dr. 30 Ernest M. Nease 50 70. " 84 f rbor Crest Dr. 31 Juanita Boliek 51 71. 12. 90 1 rbor Crest Dr. 31 Florence Wheeler 52 72. '3 94 rbor Crest Dr. 3J Sarah E. Fischer 53 73. 14 106 1 rbor Crest Dr. 34 Katherine T. Nowlen 54 74. 15 35 55 75. t6 36 ~ 70. tl :11 51. 77. lIS 3e 56. 78. 19 39 59 71. ~'O 40 60 80. T ne enan! tes 'rom p'ev.ous repnfl rf'f1eeted in the Above hsllng ... O.t.llona Addl1Sone .t- 11 ,.- 11. Z 12 2 12. 3 13 3. 13. 4 14 4. 14. 5 15 5 15. 6 16 6 le. 7 17 1 17. . 1. a. ".. I 19 9 ". 10 20 10. 20. f'. . ., Effective February 29, 1992 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS .. : ABG Associates, Inc. 300 E. Lombard Street Baltimore, Maryland 21202 Hydraulic Road Apartments - Aroor Crest Apartments Charlottesville, Virginia rsuant to Section 7(a) of the Deed Restrictions (the "Deed strictions"), as defined in an Indenture of Trust dated as of rll 1, 1983, between the Industrial Development Authority of bemarle County, Virginia (the "Authority"), and your bank, as ustee, the undersigned author ized representative of chmond-Albemarle Limited Partnership, a Virg inia Limited rtnership, (the "Purchaser"), hereby certifies with respect to e operation and management of Hydraulic Road Apartments, arlottesville, Virginia (the "Project"), that as of the date own below: 1) The number of units in the Project occupied by lower income tenants is 14 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 52 . 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 21% 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of March 5, 1992 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership .Ie/! j- By: (~~'--1..-<'ZZ-,-, 14~ 9'a.-?-L Authorized Representative n;,"h';!~ .,,'1," ," _ ..... < 7" -/ ~ '- :;.'..;>__ ?J. iy/S{ .{.s.~) ~ .., i j \ .'\', COMMONWEALTH of VIRGINIA~, DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE, 22902 U. S. ROOSEVELT RESIDeNT ENGINEER RAY D. PE HTEL COMMlSSI NER Miss Letti Board of S County Off 401 Mclnti Charlottes Dear Miss April 6, 1992 Route 240, Albemarle County E. Neher, Clerk pervisors ce Building e Road ille, VA 22902 At m etings with the Board of Supervisors in February and March the issue of guardrail needed al ng Route 240 was discussed. As a result of those discussions I have reviewed the accident ata for a two and a half year period. The accident data does not show very many accidents, however, the vast majority involved vehicles leaving the road. Based upon this fact and he steep drop off existing along the section in question, I have requested guard- rail be i stalled. My request has been approved. Please advise the Board that guardrail will be in taIled along Route 240 from its crossing of Lickinghole Creek to approximately the intersecti n with Route 802 as a part of this year's guardrail schedule. That schedule is due to be dvertised in April and should start work around the middle of June. DSR/smk Yours truly, -..-.... ~ '," ~, .s .~<:.::~>>:, ;.:..\,,--:- 1 [..--' D. S. Roosevelt Resident Engineer cc: Bill M'lls Angela Tucker Jeff E hols Charli Wright R. H. onnock, Jr. TRANSPORTATION FOR THE 21 ST CENTU RY COMMONWEALTH OF VIRGINIA STATE CORPORA nON COMMISSION r / ~-I () -?.2--- ./. ""->"'''.q''~,,,,,,,,,;,-,,,,,,,,,,<t..' 1'.2, L' YI.S (.J; ~ ) '.---'-~-"- ........."""-"....",..-.,.,.~~"=-....,, :/ SCC,62 :"',;'" .' ~'- ;C -: J t,.~, LJ,J':' ii;,.~ .~! /~; 1(;: 59 AT RICHl1QNp March 27; 1~92 1" Order No. .;~;2obb<iri{)g-_r~O:OCii:~, N THE MATTER OF ASSESSMENT FOR TAXATION FOR THE TAX YEAR 1991 OF OLUMBIA GAS TRANSMISSION CORPORATION WHEREAS, in Columbia Gas Transmission Corooration v. State Commiss1on, No. 911456, slip Ope (Feb. 28, 1992), Court of Virginia reversed and annulled the ommission's Final Order entered August 6, 1991, in Commonwealth Commission v. Columbia Gas ransmission Co oration., Commission Case No. PST910001, and ntered final judgment dismissing the rule to show cause, the ommission finds that its Order No. 910000034-4001, entered ctober 24, 1991, assessing the value of real estate and all ther tangible personal property of said company as of the first of January, 1991, should be vacated. IT IS ORDERED that Order No. 910000034-4001 entered October 1991, be, and hereby is vacated; 'IT IS FURTHER ORDERED that attested copies of this order be the President or other proper officer of Columbia Gas Corporation, and to the Council of every city and the Board of Supervisors of every county, and to the of t~~ev~~e of every county and city wherein ~' d l""t_1< belonging to such corporation is situated. ~:~ I.FR -5 p~; 12: 1'1 ~~;;\- '_ .t~ ;-' 'r."~. . , : . CL~?f; A True ~ J ~',," 1I1l.# ~ · --s.- ~ Teste: VV~--",. Cln of the State Corporation Commission B y----'-'____~u., ___ D. C , .-, .' t .. :>" ::'-/::, /) 1992 FIRST QUARTER BUILDING REPORT County of Albemarle Department of Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 .. INDEX l. Comparison of New Residential Dwelling Units by Month (Charts A - B) lI. Comparison of New Residential Dwelling Units by Type (Charts C - D) III. Comparison of All Building Permits (Chart E) ~ Comparison of Certificates of Occupancy (Charts F - H) Key to Types of Housing Used in this Report SF Single Family (Includes Modular) SFA Single Family Attached SFrrH Single Family Townhouse DUP Duplex MF Multi-Family Residence MHC MobileHomes in County -2- During the first quarter of 1992, 176 permits were issued for 319 dwelling units. In addition, 6 permits were issued for mobile homes in existing parks at an average exchange value of $2,500 for a total of $15,000. I. COMPARISON OF NEW RESIDENTIAL DWELLING UNITS BY MONTH Chart A. Nine Year Comparison of New Residential Dwelling Units by Month YEAR 1984 1985 1986 1987 1988 1989 1990 1991 1992 JAN 86 46 37 38 22 93 56 64 183 FEB 39 29 43 35 40 172 68 31 72 MAR 78 94 37 62 91 61 92 57 64 APR 60 48 78 70 71 49 82 62 0 MAY 78 121 73 73 83 89 75 44 0 JUN 66 60 92 56 83 220 85 54 0 JUL 63 57 159 80 30 67 42 58 0 AUG 47 86 32 46 49 74 87 58 0 SEP 52 35 49 45 46 72 90 55 0 OCT 41 40 52 60 52 56 48 39 0 NOV 33 45 50 49 60 301 37 42 0 DEC 82 53 35 40 46 55 42 50 0 TOTAL 725 714 737 654 673 1309 804 614 319 Chart B. Three Year Comparison of New Residential Dwelling Units by Month 190 180 170 150 150 140 130 120 110 100 90 80 70 60 50 40 30 20 10 o JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC l2:ZJ 1990 IS:SJ 1991 ~ 1992 Prepared by Albemarle County Planning and Community Development .. -3- FIRST QUARTER 1992 II. COMPARISON OF RESIDENTIAL DWELLING UNITS Chart C. Breakdown of New Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE TOTAL % TOTAL DISTRICT SF SFA SF/TH DUP MF MHC D.U. D.U. CHARLOTTESVILLE 4 0 0 0 0 0 4 1% JACK JOUETT 3 0 0 0 12 0 15 5% RIVANNA 46 2 12 0 144 2 206 65% SAMUEL MILLER 26 0 0 0 0 0 26 8% SCOTTSVILLE 39 0 0 0 0 2 41 13% WHITE HALL 18 7 0 0 0 2 27 8% TOTAL 136 9 12 0 156 6 319 100% Chart D. Breakdown of New Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT TYPE TOTAL UNITS COMP PLAN AREA SF SFA SF/TH DUP MF MHC URBAN RURAL URBAN NEIGHBORHOOD 1 1 0 0 0 0 0 1 URBAN NEIGHBORHOOD 2 9 0 12 0 0 0 21 URBAN NEIGHBORHOOD 3 0 0 0 0 144 0 144 URBAN NEIGHBORHOOD 4 24 0 0 0 0 0 24 URBAN NEIGHBORHOOD 5 9 0 0 0 0 0 9 URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 URBAN NEIGHBORHOO~ 7 0 0 0 0 12 0 12 CROZET COMMUNITY 3 7 0 0 0 0 10 HOLLYMEAD COMMUNITY 18 0 0 0 0 0 18 SCOTTSVILLE COMMUNITY 0 0 0 0 0 0 0 EARLYSVILLE VILLAGE 0 0 0 0 0 0 0 NORTH GARDEN VILLAGE 2 0 0 0 0 0 2 PINEY MOUNTAIN VILLAGE 0 2 0 0 0 0 2 RIVANNA VILLAGE 0 0 0 0 0 0 0 GROWTH AREA SUBTOTAL 66 9 12 0 156 0 243 RURAL AREA 1 11 0 0 0 0 1 12 RURAL AREA 2 19 0 0 0 0 2 21 RURAL AREA 3 22 0 0 0 0 1 23 RURAL AREA 4 18 0 0 0 0 2 20 RURAL AREA SUBTOTAL 70 0 0 0 0 6 76 TOTAL 136 9 12 0 156 6 319 Prepared by Albemarle County Planning and Community Development ., i -4- FIRST Q DARTER 1992 III. C !>MPARISON OF ALL BUILDING PERMITS C jlart E. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTE IAL NEW *NEW NON - RES . NEW CUMMERCIAL FARM BUILDING DISTRI ~T RESIDENTIAL & ALTER. RES. & NEW INSTlTUT. & ALTER. COMM. TOTAL No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ CHVILLE 4 290,000 17 133,432 1 200,000 17 276,700 39 900,132 JOUETT 5 960,000 12 272,715 0 0 2 3,000 19 1,235,715 RIVANNA 73 9,243,384 51 951,408 6 2,435,494 6 5,067,000 136 17,697,286 S. MILL ~ 26 4,297,000 49 883,135 1 36,000 3 331,000 79 5,547,135 SGOTTSV LLE 41 3,056,909 29 516,766 0 0 1 14,000 71 3,587,675 WHITE rL p.LL 27 2,484,950 35 528,396 1 35,000 1 20,000 64 3,068,346 TOTA"" 176 20,332,243 193 3,285,852 9 2,706,494 30 5,711,700 408 32,036,289 * Addit ona1 value of mobile homes placed in existing parks is included in Residential Alter tion category. . IV. CE TIFICATES OF OCCUPANCY Ch rt F. Breakdown of CO's for Residential Dwelling Units by Elementary School District and Dwelling Unit Type SCHOOL DWELLING UNIT TYPE TOTAL PERCENT DISTRICT SF SFA SF/TH DUP MF MHC D.U. TOTAL D.U. Br adus Wood/Henley 2 0 0 0 0 0 2 1. 38% Br adus Wood/Jouett 4 0 0 0 0 0 4 2.76% Brl wnsville 3 0 0 0 0 0 3 2.07% Crl zet 2 6 0 0 0 0 8 5.52% Gn er 0 0 0 0 0 0 0 0.00% Ho lymead 26 3 2 f) 0 0 31 21. 38% Me iwether Lewis 5 0 0 0 0 2 7 4.83% Mu ray 11 2 0 0 0 1 14 9.66% Re< Hill 5 0 0 0 0 0 5 3.45% Ca e/Burley 5 0 10 0 9 0 24 16.55% Ca e/Walton 15 6 0 0 0 0 21 14.48% SCI ttsville 5 0 0 0 0 1 6 4.14% Stl ne Robinson/Burley 7 0 0 0 0 0 7 4.83% St< ne Robinson/Walton 7 0 0 0 0 0 7 4.83% St< ny Point 2 0 0 0 0 0 2 1.38% Wo< db rook 0 0 1 0 0 0 1 0.69% Yal cey 2 0 0 0 0 1 3 2.07% TOTAL 101 17 13 (l 9 5 145 100.00% Prepared by Albemarle County Planning and Community Development , i I ~ . -5- FIRST QUARTER 1992 IV. CERTIFICATES OF OCCUPANCY (continued) Chart G. Breakdown of CO's for Residential Dwelling Units by Magisterial District and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE DISTRICT SF SF SF/TH DUP MF MHC TOTAL CHARLOTTESVILLE 1 0 1 0 0 0 2 JACK JOUETT 2 0 0 0 0 0 2 RIVANNA 39 3 12 0 9 0 63 SAMUEL MILLER 19 2 0 0 0 3 24 SCOTTSVILLE 30 6 0 0 0 2 38 WHITE HALL 10 6 0 0 0 0 16 TOTAL 101 17 13 0 9 5 145 Chart H. Breakdown of CO's for Residential Dwelling Units by Comprehensive Plan Area and Dwelling Unit Type DWELLING UNIT tyPE TOTAL UNITS COMP PLAN AREA SF SFA SF/TH DUP MF MHC URBAN RURAL URBAN NEIGHBORHOOD 1 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 5 0 11 0 9 0 25 URBAN NEIGHBORHOOD 3 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 4 13 6 0 0 0 0 19 URBAN NEIGHBORHOOD 5 1 0 0 0 0 0 1 URBAN NEIGHBORHOOD 6 1 2 0 0 0 0 3 URBAN NEIGHBORHOOD 7 0 0 0 0 0 0 0 CROZET COMMUNITY 1 6 0 0 0 0 7 HOLLYMEAD COMMUNITY 25 0 2 0 0 0 27 SCOTTSVILLE COMMUNITY 2 0 0 0 0 0 2 EARLYSVILLE VILLAGE 0 0 0 0 0 0 0 PINEY MTN. VILLAGE 0 3 0 0 0 0 3 NORTH GARDEN VILLAGE 2 0 0 0 0 0 2 RIVANNA VILLAGE 0 0 0 0 0 0 0 GROWTH AREA SUBTOTAL 50 17 13 0 9 0 89 RURAL AREA 1 9 0 0 0 0 0 9 RURAL AREA 2 9 0 0 0 0 0 9 RURAL AREA 3 19 0 0 0 0 4 23 RURAL AREA 4 14 0 0 0 0 1 15 RURAL AREA SUBTOTAL 51 0 0 0 0 5 56 TOTAL 101 17 13 0 9 5 145 Prepared by Albemarle County Planning and Community Development q I .i ~/5 ~=t4:~L1f z tl ' At;ENDA ITEM NO. If... /~ I;;... 2%3 At;ENDA ITEM NAME 4/ ~ JJutt /~ D UNTIL ~ 17, 1171: D~TE Form. 3 7/25/86 .... T I D '-TE ~ Is, /11 z A ~ENDA ITEM NO. 1 j. .1) 'J{) 3 · zZ'I A t;ENDA ITEM NAME ~12 D .;o,L' UNTIL ~ /1) /970 Form. 3 7/25/86 . ... , , I / . -'7. "-~~-':.Z~ --~o?~"_'-//S". 7. f _ -".-.-.-*" -.:s .,~ t COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 March 11, 1992 i j '.,,; Paran united Methodist Church Rt. 8, Box 410-A Charlottesville, VA 22901 RE: SP-92-01 Paran United Methodist Church Tax Map 21, Parcel 16 Dear Sir: The Albemarle County Planning Commission, at its meeting on March 10, 1992, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1) Compliance with Section 5.16 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; ,". t' Paran United Methodist Church Page 2 March 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. 2) Maximum enrollment shall not exceed 20 students or such lesser number as may be approved by the Health Department. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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, l./~ i. -:' L f/; "\,.- /' ,/~. william D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Patterson Jo Higgins Rev. Edward Childress . STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 10, 1992 APRIL 15, 1992 SP-92-01 PARAH UNITED METHODIST CHrrRCH Petition: paran united Methodist Church petitions the Board of supervisors to amend SP-89-104 to permit day care/nursery school [10.2.2(5) and 10.2.2(7)] in an existing church. Property, described as Tax Map 21, Parcel 16, is located on the east side of Route 606 approximately 0.2 miles north of its intersection with Route 29 in the Rivanna Magisterial District. This site is zoned RA, Rural Areas and is in the EC, Entrance Corridor Overlay District. This site is not located in a designated growth area (Rural Area 1) . Character of the Area: The site is developed with a 7,100 square foot church served by 62 parking spaces. Two single-family residences are adjacent to the south, and the property to the north consists of relatively dense woods and a single family home. ADDlicant's ProDosal: The applicant is proposing to utilize the existing building to allow for day care. The applicant has been operating a day care and has been cited for a violation by the Zoning Administrator. The applicant is seeking approval to permit a maximum of 20 children. A description and justification for this request has been provided by the applicant (Attachment C). SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends denial. Planninq and Zoning Historv: January 17, 1990 - Board of Supervisors approved SP-89-104 which permitted a church. September 4, 1990 - The Planning Commission approved a preliminary site plan for Paran united Methodist Church. December 6, 1990 - The final site plan for Paran United Methodist Church is signed administratively. January 3, 1992 - The Zoning Administrator notified the applicant that the operation of a day care is occurring in violation of the Zoning Ordinance (Violation 91-67). 1 In addition, to the above, the site has had sign violations and received variances for signs. Comnrehensive Plan: This site is located in Rural Area 1 of the Comprehensive Plan. STAFF COMMENT: A special use permit for a church was approved for this site subject to conditions (Attachment D). A major issue in the review of the special use permit was the adequacy of Route 606 to accommodate the additional traffic generated by the church. The following comments were made by staff during the review of SP-89-104: "staff has estimated the potential traffic generation for the church to be an average of approximately 30 vehicle trips per day with the majority of the traffic generation occasioned by regular Sunday services. Applying this figure to the private road requirements of the Subdivision Ordinance, this would be the equivalent amount of traffic generated by 3-5 residential lots. The width of travelway required for 3-5 lots is 14 feet. Therefore, staff recommends a condition requiring the widening of Route 606 to 14 feet from the church entrance to Route 763." (The road was widened to 14 feet as part of the church construction.) The 1991 traffic count for Route 606 indicates 48 vehicle trips per day. Based on the 5th Edition of the ITE manual, a 20 child day care center will generate 93 additional vehicle trips per day. This level of traffic is equal to the traffic generated by nine (9) residential lots. Using the same methodology as was used during the review of SP-89-104, an 18 foot paved road meeting VDOT mountainous terrain standards would be necessary to satisfy the requirements of the Subdivision Ordinance. Staff opinion is that a non-tolerable gravel road is not adequate to accommodate the volume of daily traffic generated by this day care. Similar levels of traffic generated by a residential development would require a road with a capacity greater than Route 606. Based on these findings, staff's opinion is that this development would not have adequate access for a day care. Commercial activities in the Rural Areas are basically limited to those directly related to agriculture and those which provide support services to the rural population. Typically, staff has avoided locating commercial activities 2 in the Rural Areas in close proximity to des:.gnated growth areas. This site is located 1,050 feet north of the Village of Piney Mountain. The Comprehensive Plan states in regard to Piney Mountain: "The 1985 estimated population of Piney Mountain was 600. Piney Mountain consists of the Cam~lot and Briarwood residential subdivisions and the General Electric plant. No commercial uses serve this Village, and the closest commercial retail outlets are located in the Community of Hollymead." The proposed day care center will care for children of the community and is not limited to those directly involved with the church. Therefore, this use may serve the Piney Mountain community. While the rural areas are not intended to provide support services for growth areas, approval of this request may be appropriate due to the limited services available in Piney Mountain and service this use may provide the northern portion of the rural areas of the County. (One day care center for nine children is located approximately one mile away.) The Health Department has reviewed the applicant's request and stated that the current system is adequate to accommodate eleven (11) children per day (Attachment E) . However, the system must be monitored and should the system prove inadequate based on the flow rates the Health Department will cause the day care center to cease operation, reduce the number of children or increase the drainfield area. Additional drainfield area is available. The only reason Health Department approval is limited to eleven (11) children is due to the existing drainfield. The Inspections Department has stated that the existing structure is adequate for a day care center provided that the minimum age of the children is 2 1/2 years. Summary Staff has identified the following factors which are favorable to this request: 1. No additional building or parking is required. 2. The day care center will provide support for the community at large. Staff has identified the following factors which are unfavorable to this request: 1. Approval of this request will substantially increase traffic on Route 606, which is a 14 foot wide non-tolerable gravel road. 3 2. The existing septic system requires monitoring by the Health Department. Additional area must be installed to accommodate the requested size of the day care center. SUMMARY AND RECOMMENDATIONS: Approval of this request will almost triple traffic on a non-tolerable gravel road. Staff opinion is that approval of this request under such circumstances is inappropriate. Staff may be able to support the request at such time as Route 606 is improved. (At this time Route 606 is not scheduled for any improvement). Staff recommends denial of SP-92-01. Should the Planning commission and Board of Supervisors choose to approve the request, staff offers the following conditions. Recommended Conditions of ADDroval: 1) Compliance with section 5.16 of the Zoning Ordinance: a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license 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 inspectior shall be deemed willful noncompliance with the provisions of this ordinance; 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) Enrollment shall be limited to 11 students until such time as the septic system is enlarged. Maximum enrollment shall not exceed 20 students. 4 A'rl'ACHMENTS: A -Location Map B -Tax Map C -Applicants description al.d justification D -Action letter for SP-89-104 E -Health Department comment F -VDOT comment 5 o~ '~~ ~\ -~ ~' f? .. ~ IATTACHMENT A ~ ~ "" c L.r :: TO ~ I I . t__________________________ ~ o I.J EARL YSVILLE AF FOUR TlMn MAil' SCAlf Of? .q"" G~ I!J .. IiliJ ...;-~~ :);; "~ riliJ" \., "- <t' I "- rS OJ ~\ '" '" ~ ,~/~\, " 1>",\ .. '~ ~. ) \ \ ./' ,;:. CV ~ \ Go ~. .f "1___.".,.. .__ _ _ _. ~ . . "--' . ,..--. ,; IATTACHMENT B . "'" ( , . "'-, CALE IN FEET RIVANNA DISTRICT SECTION 21 ... c. . I ATTACHMENT C \ Ju tification for Request to Arnmend SUP 89-104 paran United Methodist Church is requesting an ammendment to our special use permit in order to allow for a pre-school pr gram in our new building. Several years ago, when we were in the planning stage and asking for a SUP, we did not an icipate becoming involved in day care. We felt there were li itations of space and resources that would prohibit our do ng this effectively. When we used the words "day care" am ngst ourselves and with county planners, we meant full day se vice for a wide range of children who were cared for while pa ents worked. When the county wanted to put the day care re triction on our SUP we did not object. Just before moving into our new building in October of 19 1 a young woman in the congregation felt the need for a pr school co-op program that was affordable and in northern Al emarle County. We planned a program that incorporated the pa ent participation of a co-op but with a paid te cherjdirector to provide consistency and effectiveness. Th s is a program currently of 11 children meeting Monday, We nesday, and Friday 9am - l2nooQ. We did not consider that th s kind of program fell within a difinition of "day care." We further checked on state licensing requirements and were to d by the state that this program fell outside the limits of any kind of licensure until new legislation takes effect in July of 1992. We understand now that our program requires an ammendment to our SUP and is deemed day care by county co e. We do not anticipate a large scale day care program while building is its current size. Future expansion and nging conditions may be cause for a different minstry in future. At this time we are asking for approval of a gram which would involve a maximum of 20 children ages two a half through 5. We recognize appropriate health and e approvals may be re1uired. We understand we will need be licensed or apply for an exemption to licensure in July this year. We regard this program as a ministry of the rch for service to the community. This is not a rental uation and the church does not look to make a profit. ~ I ATTACHMENT D I COUNTY OF ALBEM~RLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5323 January 22, 1990 Rev. Edwin Childress 4576 Heather Court Charlottesville; VA 22901 RE: SP-89-104 Edwin Childress Tax Map 21, Parcel 16 Dear Rev. Childress: The Albemarle County Board of Supervisors, at its meeting on January 17, 1990, unanimously approved the above-noted request to allow for the construction of a church facility on 6.778 acres zoned p~, Rural Areas. Property, located nine-tenths of a mile south of its intersection with Rt. 641. Please note that this approval is subject to the following conditions: 1. Seating capacity to be de~ermined by adequate septic system area, not to exceed a maximum fixed seating of 400 persons; 2. Sanctuary or classroom expansion, or daycare and other non-worship ~ses; will require amendment to this petition; 3. site plan approval to include Planning Commission approval of landscaping; 4. Widening cf Route 506 to 14 feet from the church entrance to Route 763j ~ I ATTACHMENT D Ilpage ~ Rev. Edwin Childress Page 2 January 22, 1990 5. Trees over 1 1/2" ca..L~per shall not be removed without staff approval and extensive landscaping shall be provided in excess of the minimum required in the site Plan Ordinance especially along Rt. 29; 6. No access to Route 29 North. If you should have any questions or co~~ents regarding the above noted action, please do not hesitate to contact me. Sincerely, Director of Plannin Development .V1\TC/j cw cc: Kathy Dodson Paran United Methodist Church Richard Moring Jeff Echols IATTACHMENT E IN COOPER TION WITH THE STATEDEPAR MENTOFHEALTH COMMONWEALTfI of VIRGINIA Thomas Jefferson Health District 1138 Rose Hill Drive p. 0. Box 7546 Charlottesville, Virginia 22906 (804) 972-6219 ALBEMARLE - CHARLOTTESVILLE FLUVANNA COUNTY (PALMYRA) GREENE COUNTY ISTANARDSVILLE) LOUISA COUNTY (LOUISA) NELSON COUNTY (LOVINGSTON) January 16, 1992 Edwin Childress, Pastor Paran United Methodist Church Route 8, Box 410 A Charlottesville, VA 22901 Dear Sir: As a follow-up to our conversation of January 14, 1992, I am writing you to reiterate the specific points which were discussed relative to your part-time day care facility. As agreed, the Thomas Jefferson Health Department is willing to allow your day care program to remain active provided you install a flow meter on the existing low pressure distribution sewage disposal system within the next thirty days. Sewage flows are to be monitored and records of the flow rates are to be submitted to the health department. There is to be a limited seating capacity of 200 seats and maximum of 11 children per day in the day care center. Any increase in either seating capacity or number of children attending the day care program will require approval of this department and may require that the additional drainfield be installed. A copy of this letter will be forwarded to Albemarle County Zoning and Planning Officials. You should, perhaps contact these departments to confirm any approval that may still be recuired from local government agencies. ''fDH~~:~~~~~' T OF HE.\lTH P'ol('( Jim: \tJ(J ..mcJ )our 1m ,fon,nNII , IATTACHMENT E\Page 2\ If I can be of any further assis~ance, please do not h sitate to contact me at the Thomas Jefferson Health Department ( 72-6259). Sincerely, &. G. Stephen Rice Environmental Health Specialist c ~melia Patterson, Albemarle County Zoning Dept VBill Fritz, Albemarle County Planning Dept. Dr. Susan McLeod, Thomas Jefferson Health Dist. IATTACHMENT F; COMMONWEALTH of VIRGINIA FEB 2 7 1992 PlANNrNG DEPT. DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 RAY D. PE HTEL COMMISSI NER D. S. ROOSEVEJ..T RESIDENT ENGINEER February 25, 1992 Special Use Permits & Rezonings March 1992 Mr. R nald S. Keeler Chief of Planning Count Office Building 401 M Intire Road CharI ttesville, VA. 22901 Dear 1. S SP-89 reque curre the c widen secti road some sight 2. S adequ along not a road. has b park 3. S churc as a does requi this acros and r Keeler: following are our comments: -92-01 Paran United Methodist Church, Route 606 - This request is to amend 104 to permit a day care/nursery school with a maximum enrollment of 20. This t would result in a traffic increase of approximately 100 VPD. Route 606 is tly non-tolerable and a non-hard surface road. As part of the approvals for urch the section of Route 606 from Route 763 to the church entrance was d to a fourteen foot (14') travelway. The Department recommends that this n of Route 606 be upgraded to current standards, which would include proper nd shoulder widths along with hard surfacing. It would be beneficial to trim verhanging vegetation to the north of the entrance to improve and maintain distance in that direction along Route 606. -92-02 Harold & Sarah Hensle , Route 1108 - The existing private entrance has te sight distance for this request. However, the driveway (which is gravel the road and paved on site) is not adequate for truck traffic. Also, there is equate onsite parking for trucks without having them to back up or on from the The inlet end of the pipe under the driveway is bent, probably from where it en run over. With the dump trucks parked in the driveway, the cars have to longs ide the road on the shoulder. -92-03 James River Ba tist Church, Route 737 - This request is to operate a in an existing house. There would be an increase in traffic for this request emporary church operation. The private driveway for the house on Route 726 ot have adequate sight distance. A minimum of 250' of sight distance is ed and there is only 200' of sight distance for a vehicle turning left into roperty. The sight distance problem is caused by a bank and several trees the road. A sight easement would be needed as well as grading of the bank moval of several trees to obtain sight distance. The access for this request TRANSPORTATION FOR THE 21 ST CENTURY 11// /1,-/1//)/ C---/Ii / rt 2-1'eJ-C/;;? \,.: ':. ": ,j ."' t~, :-\:. . ,i [: ATEMENT FOR PUBLIC HEARING RAN UNITED METHODIST CHURCH < !: '. ! ,I " en we discussed with the Planning Dept. our original SUP, the rm "day care" arose on several occasions. Planners did not o fer and it did not occur to us to ask for a legal difinition of t e term "day care." We had no idea then of operating a day care c nter. It never occured to us as a committee or as a church that a part-time preschool co-op meeting 9 hours a week could be c nstrued as a day care center. c \ 0.. ," ~,_ .. rturing children and providing a place where they belong has ways been a priority for churches in the United States. We el we have a responsibility to the community to serve in this y. We have been told recently by zoning that a Mothers Morning t program will likely fall into the daycare center category and t at a Vacation Bible School week in the summer may not be permissable. I we had had this information during the original process, we uld not have agreed to the restriction on day care. We still ve trouble with the county referring to 11 children and 3 a ults meeting part-time 9-12 on MWF as a day care center. This eschool is offered by our church only as a service/ministry to e community. Far from making money off it, we absorb all the erhead costs involved. seem to be faced with an encroaching, all-consuming definition day care that could severely limit the ability of the church serve children. What will happen if we offer scouting to the ,unity? Girls begin Daisy Scouting at age 5. What if we er a summer daytime activity center for elementary and high 001 students where they can constructively spend their time? Wi 1 zoning and the County want to approve every idea we initiate? did not mean to give the impression that Sunday worship was only event we would plan for this new building. Let us be est and state that at this time we are having a senior izens club, a youth group on Sunday nights, an aerobics up, choir practice, and many pot-luck suppers. In reviewing original SUP, we find that any child care or non-worship ivities must be approved by county government. All of the t mentioned activities are non-worship. Do you really intend control those activities and will we find out about them cemeal as the Zoning Administrator issues zoning violation ices? It is the nature of most churches to be in ministry. ing spent $600,000 for site development and construction, we t the congregation and the community to enjoy our efforts. hie will now deal with some specifics of staff's recommendations to deny. / A Staff refers to a 7 year old 1985 report quoting figures for population in Piney Mountain of 600. A simple car ride through the area would show how much has changed since 1985. North pines neighborhood, adjacent to the church, has doubled its size since then and Briarwood, as you well know, is in the process of a large expansion. The enthusiastic response of the community to our preschool indicates that it meets a real need. The main concern of staff centers on SR 606 as a gravel road. Our property fronts both 606 and Highway 29. We were told county policy urges access to such properties come from the side not on highway 29, obviously to limit outflow onto a busy highway. We agreed to this as a prudent choice. The widening of SR 606 was a required condition by the county in anticipation of a 400 seat sanctuary. Wherever possible, we attempted to construct basic site services at the ultimate goal of 400 seats to save time and money in the long run. The county knew that we planned to expand eventually to this 400 seat figure. If SR 606 was widened and deemed sufficient for a 400 seat church why is it not sufficient for a 200 seat church and 20 child part-time preschool? The distance from hard pavement to our entrance is only one-quarter mile. While 606 does connect with SR 641 at its northern end, it runs parallel with Highway 29 and therefore bears little traffic. The road services only 7 homes, 6 of which lie north of our entrance. We understand government's predilection for statistics. The actual number of VPD trips will certainly be far ~ess than the 93 staff estimates. Using staff's rationale, 9 residential lots are supposed to produce 93 VPD, or an average of around 10 per lot. The 7 existing homes should have produced some 70 VPD in 1991. The actual count, according to staff was 48. Our project was in progress frpm January of '91 until October with construction traffic on weekdays far exceeding our current usage. Once again, the count was only 48. We believe our average VPD for the preschool numbers 23 with an enrollment of 11. The number of VPD will certainly be less than the 93 estimated by staff. We feel the beneficial services offered by the church far outweigh the concern for .25 mile of roadway. If concern still exists, then we should work together with DOT to have the road upgraded. The second concern of staff centers on the size of our drainfield. While we can't imagine our septic field is too small, we obviously cannot and will not create an unhealthy situation. However, we believe it is unecessary for the county to make s ipulations in addition to the requirements imposed by the HaIth Department. Staff erroneously leaves the impression that o r field will accomodate 11 children at the most. The letter f om the Health Department states, "any increase in either sating capacity or number of children attending the day care p ogram will require approval of this department and MAY require t at the additional drainfield be installed." I itially we designed a drainfield to accomodate our ultimate goal o a 400 seat sanctuary. The Health Dept. issued a construction p rmit on that basis showing that the field design should a comodate a daily usage of 1200 gal. Because of cost c ndierations, we cut down the drainfield to accomodate a 200 s at sanctuary with anticipated usage of 600 gal. per day. The o iginal large holding tanks were kept on to service the smaller f'eld. Our field now is designed to accomodate 600 gal. per day. installed a flow meter on our system February 11, 1992. It sows no day on which the 600 gal. limit was reached. The average per day is 71.6 gal. The highest usage was 452 gal. w en a urinal malfunctioned in the men's room and ran for several hours. As you can ?ee, usage would have to increase 8-fold before we even came close to reaching capacity. refore, the staff's second recommended condition of approval unnecessary. We ask you to approve the 20 spaces and we iously cannot go above the Health Department restriction ther it be 11 or 15 or 20. We will obviously take up these ues with the Health Dept. at a later date. ally, we object to l(a) in Recommended conditions of approval. the State requires licensure, we will do so. As we state in ou justification, Virginia does not currently have a category fo licensing a program like ours. We couldn't obtain a license if we wanted one. When and if the State sets up such a ca egory and process, we reserve the right to choose licensure or to register our exemption from licensure which is the prerogative of church-based programs. To summarize: We feel that the services and ministries we are of ering to the community surrounding the church are beneficial an needed. We feel Paran United Methodist Church has met all th concerns, suggestions, and requirements of Albemarle County wi h regard to traffic flow, site design, conservation, and bu Iding construction. We paid for the initial widening of SR 60 and believe it is adequate for our program. If the county fe Is otherwise, it may do well to work with VDOT to have it up raded. Our septic field is obviously adequate to handle a 20 ch Id preschool cooperative. We can and will continue to monitor wa er usage to insure the system is not overloaded. We prefer not to see our relationship with the county as ad ersarial. We are wondering if real practicalities and common /~/ .8 sense have a role in this process. We are also wondering to what degree the county is willing to allow a church to be a church and not regard it as a commercial establishment. !'~." r\ ."'..(:;.'.~) ,. I !" COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road C harlotlesville, Virginia 22901-4596 (804) 296-5823 ':!-;; "4 . .0:/-;t:.!..u ~~r2. ~ 'IIS..2 ~ <.. D: ~:. ;:~ March 25, 1992 Harold and Sarah Hensley 359 Stagecoach Road Charlottesville, VA 22902 RE: SP-92-02 Harold and Sarah Hensley Tax Map 90A, section A, Parcel 24D Dear Mr. & Mrs. Hensley: The Albemarle County Planning Commission, at its meeting on March 24, 1992, by a vote of 5-1, recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. No on-site sales; 2. Not more than two employees who are not family members who reside on-site; 3. Compliance with the performance standards of Section 4.1.4 of the Zoning Ordinance; 4. Repair of drainage pipe under the driveway entrance; 5. Permit will expire two years after date of issuance. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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. Harold and Sarah Hensley Page 2 March 25, 1992 If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, /) / /i/ ~ .v~l/~~fJ? william D. Fritz Senior Planner WDF/jcw cc: ~tie E. Neher Amelia Patterson Jo Higgins STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 24, 1992 APRIL 15, 1992 SP- 92 -02 HAROLD AND SARAH HENSLEY Petition: Harold and Sarah Hensley petition the Board of supervisors to issue a Home occupation, Class B permit [14.2.2(11)] to permit a hauling business involving three trucks on 0.3 acres zoned R-2, Residential and within the EC, Entrance Corridor Overlay District. Property, described as Tax Map 90A, Section A, Parcel 24D, is located in the Oak Hill Subdivision in the southwestern corner of the intersection of pinehurst Court and Route 631 in the scottsville Magisterial District. This site is located in Urban Neighborhood 5 and is recommended for low density residential (1-4 dwelling units per acre). Character of the Area: This property and adjacent properties are developed with single family dwellings. Applicant'S Proposal: The applicant intends to operate a hauling business from the site. Activities on-site include parking of three (3) dump trucks and standard maintenance of the trucks. Hours of operation vary but can run from 5:30 a.m. to 6:00 p.m. Two employees, one of whom is the applicant'S son who lives off-site, are involved. SUMMARY AND RECOMMENDATION: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends denial of SP-92-02. Staff opinion is that this request more closely resembles a contractor's office and equipment storage yard which is allowed in the HC, Highway Commercial district by special use permit and in the Industrial districts by-right. That is to say, the applicant is seeking relief from home occupation regulations to the extent that the use would no longer be appropriate to a residential setting. Planning and Zoning History: March, 1969 - Plat creating parcel under review approved. Comprehensive Plan: This site is located in Neighborhood 5 and is recommended for low density residential (1-4 dwelling units per acre). 1 STAFF coMMENT: staff has reviewed this request for compliance with section 31.2.4.1 of the Zoning Ordinance and offers the following comments: o The Board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses 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, staff has received a petition from sixteen individuals who do not oppose this request (Attachment C). In addition to one letter in support of this request (Attachment E) from an adjacent property owner located on the opposite side of Route 631 from the applicant. [The location of the properties owned/occupied by those who signed the petition are noted in Attachment B]. The hours that these trucks leave the site, sometimes as early as 5:30 a.m., indicates a type of activity which is not normally anticipated in a residential district. The noise made by the morning departure of trucks may be a detriment to adjacent property. o that the character of the district will not be changed thereby, The storage and maintenance of three trucks involved in a hauling business is not normally anticipated in a residential district. Therefore, this use can change the character of the district. o and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance with the purpose and intent of the zoning Ordinance with emphasis on Sections 1.4.3, 1.5 and 1.6 (Attachment D). The trucks will be parked and maintained within view of adjacent properties. Staff opinion is that this use is not compatible with adjacent residential development and that adequate provision exists to permit this use in non-residential districts. o with the uses permitted by right in the district, The stated intent of the R-2, Residential district is: "This district (hereafter referred to as R-2) is created to establish a plan implementation zone that: 2 _ Provides a potential transition density between higher and lower density areas established through previous development and/or zoning in community areas and the urban area; _ Permits a variety of housing types; _ Provides incentives for clustering of development and provision of locational, environmental, and development amenities. R-2 districts may be permitted within community and urban area locations designated on the Comprehensive Plan in proximity to compatible development where water and sewerage utility services are available or to be available within two years." The R-2 district is a low density residential district with a limited number of possible non-residential uses. The non-residential uses by special use permit include, but are not limited to, public utilities and uses such as community center, private schools and day care. staff opinion is that the proposed use is a use more appropriately located in a non-residential district and therefore the proposed activity is not in harmony with a low density residential district with uses of limited intensity. The R-1 and R-2 residential districts are the most restrictive residential zones in terms of permitted uses. o with additional regulations provided in Section 5.0 of this ordinance, This proposal is not consistent with regulations applicable to home occupations. Regulations governing home occupations are found in section 5.2.2 of the Zoning Ordinance (Attachment E). section 5.2.2.1(a) states in part "Such occupation may be conducted either within the dwelling or an accessory structure, or both." The proposed activity involves the storage of maintenance of trucks outside of any structure. section 5.2.2.1( b) states in part "There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign." The proposed use will be visible as there is no building or vegetation to screen the use. section 5.2.2.1(d) states "No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street". This use 3 involves two drivers coming to the site and three trucks leaving and returning on a regular basis. This level of activity and nature of activity, truck traffic, results in traffic volumes greater than that normally expected in a residential neighborhood. Area to park the trucks is available on site. However, with the trucks parked in these areas there is insufficient room to park any other vehicles on site. Therefore, it is staff's opinion that adequate on-site parking has not been provided. o and with the public health, safety and general welfare. As has been stated in the earlier portions of this report, the applicant's proposal is not consistent with the Zoning Ordinance and therefore may be considered inconsistent with the general welfare. The lack of adequate on-site parking and increase in truck traffic may be considered inconsistent with the public health and safety. summary staff has identified the following factors which are unfavorable to this request: 1. Use is inconsistent with the typical uses in the R-2 district and, furthermore, similar use is permitted by-right only in the industrial districts and by special use permit in the HC district; 2. Use is more intensive than that anticipated in the R-2 district; 3. The use does not comply with the provisions of Section 5.2.2 with emphasis on 5.2.2.1(a), 5.2.2.1(b) and 5.2.2.1(d). staff is unable to identify any factors in favor of this request. Staff does note that all adjoining property owners support the applicant's request. The home occupation provisions are intended to permit low intensity commercial activity to occur in residential districts in a manner subordinate to the residential use of the property. The regulations governing home occupations are intended to minimize the impact of home occupations to the point that it is not evident that the occupations are occurring. staff opinion is that the proposed use exceeds the scale and intensity of activities contemplated by the home occupation provisions. Therefore, staff recommends denial of SP-92-02. Should the Planning commission and Board of supervisors choose to approve this request, staff offers the following recommended conditions of approval: 4 RECOMMENDED CONDITIONS OF APPROVAL: 1. No on-site sales; 2. Not more than two employees who are not family members who reside on-site; 3. Compliance with the performance standards of section 4.1.4 of the Zoning Ordinance; 4. Repair of drainage pipe under the driveway entrance. ----------------- ATTACHMENTS: A - Location Map B - Tax Map Showing Location of Petitioners C - Petition supporting This Request D - Section 1.4, 1.5 and 1.6 of the Zoning Ordinance E - Letter In Support of This Request 5 'I\!G . . ,,~. ..~ ~ \ ~ . ,;:.'" (~& , '-, (,v_v 'I-~(' ~<- 0'" , ~ ..... ~ ~. \ l I s-, .... ;;.. ..', '" ~t > ~! ~ o " ALBEMARLE COUf'..JtY .' m. . F -<ld RESIDENTS AND PROPERTY WNERS SIGNING PETITION SUPPORTING THIS REQUEST l- SP-92-02 Harold & Henslel/ Sarah r' ... .--' '0 .... - .... - ---- ~_...- --........ -...-.... .-- IATTACHMENT 81 o OAK HILL SECTION REVISED REVISED REVISED SECTION 2 REVISED REVISED L 0 T5 ." 0 rT;LOtK A' LOTS IDA-II BLOCK B G OAK HILL , .... ....... . . .::-_~-:-... ..: .."..: ... . .. . .. . ..-- ,1-:,-" SCOTTSYILlE . 'aSTRICT . ..:.. .'" .0.:' ,-:..::. ~,_" -.. -' :.., 0.. .-".. ..-" .~ '~. :-:_~'. D.a360 ~ 105 0.B.391 ~4B3 D.B 396~291. o.B.401 F'Q.ZZB o.B.362","- 2Z D.B,398 PQ.317 O.B. 4<)5 F'Q. 4 33 O.B. 441 PQ' 29:3 D.B 468 PQ. 85 -\-- -' '=SEq,TI ON",~-90A' ':,. ,:. ., . .,.... ,..-, - .... .... :."-:'7.-'" \ ATTACHMENT Cl TO WE T E RESIDENTS AND PROPERTY OWNERS ON PINEHURST COURT, CHARLOTTESVILLE, VA. DO N T HAVE ANY OBJECTIONS TO HAROLD HENSLEY pARKING HIS DUMP TRUCKS ON THIS STRE T. ADDRESS NAME : ...S!b . Cj . ~'.\.' . ~ " ,~/-" . (~;. / (:;\..'- .~ '~.c:- \..-?----' I/L--/O- V . . 11 0'-<- r ;.k.eJl/./'-~-.- '" \~ '7 c- --I- --" d ~ ~ ~ l. f\ '/ Q \.~~i\,'"> ~\" I , ' J ! C" . _ I l ,II I \ I' I .I../'~0-CVVU'- . t I ~~ ( , .~. Y. , p. \ , ~tCtA~ '7 -7 c'-:- LI PJ __ ') s ') (4 t:,.&~e (~I J4 <:".11 '"b (\C ' ~ I' / / ? ~ . / // /~:/? .--4Z--- // / ('J' /_ /.-"7'1 /~?f//~~7' ( . f7u/i/" //()r;?~~-IJ- e~a/ V / / tP ~ (9~-A~ ~h"P at/; //dl ~LJltv;'t- (7;6. , Ir ./1 )1 l/eN; yJc:~?h//Ils=e: C~ t IO~ P/nr, huf"'1>l c:T ,.,......., . \ \\)S ' t'\\'\Q..hl'J",'S\- C\. '1 j (. I) .~ r;~7 .f .-"~_k.;; fed. .) 'I f ' ~~ . \...- " ,,- . " \ j . . _}\.'\'-L,,"~ \<-- v......' r .~ .5 k.:S r- . .;~-c '.:.i:;:';""': \. \ \<...S ( .., i\i LJ-.Q' '1- II' .- ! L.a..~(<<::~ ::'; 3 ,C-- (~ ~, v-\....c:..;;:..>-ru3~.......' , ( (f:--V l~")e../Ll~a...f- C f- ./ - -.; . ~1/\. <). \ ATTACHMENT 0 I . . __ ".._ ..~ oj .4 ._0- ._____.... 1.4 PURPOSE AND INTENT 1.4.1 1.4.2 1.4.3 1.4.4 .4.5 .4.6 .4.7 .4.8 .4..9 .4.10 This ord~nance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.1, Chapter 11, Article 4, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.1, Chapter 11, Article 8. Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for" the purposes of promoting the health, safety, convenience and general welfare of the public and of planning for the future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning m~p adopted by reference and declared to be a part of this ordinance, is designed: To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers; To reduce or prevent congestion in the public streets; }. ..~ To facilitate the creation of a convenient, attractive and harmonious community; To facilitate the provision of adequate police and fire protection, disaster. evacuation, civil defense, trans- portation, water, sewerage, flood protection, sc~ools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; To protect against destruction of or encroachment upon historic areas; To protect against one or more of the following: over- crowdtng of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or othe~ d~ngers; To encourage economic development .activiti~s that provide desirable employment and enlarge the tax base; and To provide for the preservat~on of agricultural and forestal lands. ':. To protect approach slopes and other safety areas of licensed airports; and (Added 11-1-89) To include reasonable provisions, not inconsistent with the applicable state water quality standards to protect surface water and groundwater defined in section 62.1-44.85(8) of the Code of Virginia~ (Added 11-1-89) 1.5 1.6 RELATION TO ENVIRONl1ENT \ ATTACHMENT 0 'I Page 2\ This ordinance is designed to treat lands which are similar- ly situated and environmentally similar in like ~anner with reasonable consideration for the existing use and character of properties, the comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; and preservation of flood plains, the preservation of agricultural and forestal land, the con- servation of properties and their values and the encourage- ment of the most appropriate use of land throughout the county. (Amended 11-1-89) -- ..---- ---- - ------~ --- RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts withre~on- able consideration of the comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implementation of the comprehensive Plan. To this end: development is to be encouraged in villages, communities and the Urban Area; where services and utilities are available and where such development will not conflict with the.------- agricultural/forestal or other rural.objectives; and develop- ment is not to be encouraged in the Rural Areas which are to be devoted to preservation of agricultural and forestal . lands .and activities, water supply protection, and conser- vation of natural, scenic and historic resources and where only limited delivery of public services is intended. . (Amended 11-1-89) lATTACHMENT El r3~:rr:' \'tJE. 0 nt.,.V\.ll:f" M~R '2. '3 \991 PlANNMG OfP,. 370 Stagecoach Road Charlottesville, VA 22902 March 19, 1992 Planning Commission County Office Building 401 McIntire Road Charlottesville, VA 22902 Re: Harold & Sarah Hensley - 359 Stagecoach Road Dear Ladies and Gentlemen: It has come to our attention that the county is trying to make the Hensleys move the dump ~rucks (never more than two) that he parks on his property when not in use. Please, give the man a break! I have been a neighbor of the Hensleys for more than twenty years. His trucks do not pose a nuisance. They are essential to his livelihood. It would be burdensome to find another place to park them. I might add that the State of Virginia has made it difficult for the Hensleys to sell their property and move where they would be permitted to park the vehicles. The stated objection that the trucks unduly increased the traffic in the area is laughable given the state-s plan to make Stagecoach Road a four lane highway! Please reconsider your position and allow Mr. Hensley to park his trucks on hia ~ ~ Thank you for your consideration of this matter. L. Trainum - ,,"",.c,..., n 70 Stagecoach Road harlottesville, VA 22902 arch 19, 1992 Board of supervisors County Office Building ~01 McIntire Road Charlottesville, VA 22902 :Re: Harold & Sarah Hensley - 359 Stagecoach Road Dear Ladies and Gentlemen: It has come to our attention that the county is trying to : make the Hensleys move the dumP trucks (never more than two) that he parks on his property when not in use. Please, give the man a break~ . I have been a neighbor of the HensleYs for more than twenty years. His trucks do not pose a nuisance. They are essential to his livelihood. It would be burdensome to find another place to park them. I might add that the State of Virginia has made it difficult for the Hensleys to sell their property and move where tJley would be permitted to park the vehicles. The stated objection that the trucks undulY increased the traffic in the area is laughable given the state's plan to make Stagecoach Road a four lane highway! please reconsider your position and allow Mr. Hensley to p~k his trucks on hia ~ ~ Thank you for your consideration of this matter. buh~ fe, ". .,-{: :~_- '7.2- I ,. ~~~~ '-f I:;;, .;Ui 7 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville. Virginia 22901-4596 (804) 296.5823 )\ \::" -,,-, March 12, 1992 Trustees of James River Baptist Church Rt. 4, Box 20 Sco~tsville, VA 24590 RE: SP-92-03 James River Baptist Church Tax Map 130, Parcels 35A and 35A1 Dear Sir: The Albemarle County Planning Commission, at its meeting on March 10, 1992, by a vote of 6-1, recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1) Staff approval of sketch plan to include Health Department approval, Fire Official approval and Virginia Department of Transportation approval of entrance. Locate parking behind the existing dwelling. 2) The existing dwelling shall serve not more than a 60 member congregation and shall have a sanctuary area not to exceed 460 square feet; 3) Expansion or construction of sanctuary area shall be located at least 300 feet from Route 726 and 140 feet from Route 737. Sanctuary area shall, in no case, exceed 1,200 square feet without an amendment to this special use permit; Construction of new church shall commence within six years or approval of the new structure and use of the existing building shall expire; 4) Upon issuance of a certificate of occupancy for the new church, the existing building shall cease sanctuary use; 5) The property may not be further divided; " .. Trustees of James River Baptist Church Page 2 March 12, 1992 6) Approval is for worship and related church use only. Day care or other such uses will require an amendment to the permit; 7) Only those areas required for the church and appurtenant improvements shall be cleared. All other areas shall remain in a natural state. 8) Care shall be taken during construction to minimize grading related to installation of improvements; 9) Access to the church shall be from Rt. 737 only. Existing entrance on Rt. 726 shall be closed. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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, 4-- U<. ~o-J:L ~~ \.,.: Yolanda Hipski Planner YHjjcw cc: Lettie E. Neher Amelia Patterson Jo Higgins Rev. James C. Jetton STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: YOLANDA A. HIPSKI MARCH 10, 1992 APRIL 15, 1992 CSP-92-03) - JAMES RIVER BAPTIST CHURCH Petition: The James River ~iver Baptist Church petitions the Board of Supervisors to issue a special use permit for a church [10.2.2.35] on 14 acres, zoned RA, Rural Areas. Property, described as Tax Map 130, Parcels 35A and 35A1, is located in the southwest quadrant of Route 726 and Route 737 intersection. This site is located in the Scottsville Magisterial District and is not located in a designated growth area (see Attachment A). Character of the Area: The property contains a 1,732 square foot single story dwelling. Other than clearing for the house and surrounding area, the site is wooded. This property is located in the Totier Creek is adjacent to the Scottsville Growth Area. small drainage swale which partially bisects There are no active streams. watershed and There is a the property. APPLICANT'S PROPOSAL: The applicant proposes to serve a church congregation of 60 members within an existing dwelling (see Attachment B). The sanctuary area will be confined to the "den" containing approximately 460 square feet. There will be a study and two to three classrooms for Sunday school. A permanent structure containing a 1,200 square foot sanctuary with a 130 seating capacity will be built in five to seven years. The existing dwelling will then be converted back to residential use. No non worship activities (day care, etc.) are proposed either now or with construction of the new facility. Two meeting days (Sunday and Wednesday) are anticipated. Activities include choir practice, Bible study, and church related fun~tions. Other than the temporary use of the existing dwelling, this request is similar to the previously approved SP-88-96 see Attachment D) . COMPREHENSIVE PLAN: This site is located in Rural Area IV and adjacent to the Scottsville Community. Some transportation improvements along Route 726 are recommended (page 186). During review of SP-88-96, staff stated "The Planning Commission and Board of Supervisors are aware that in the past churches have not been considered inconsistent ~ith the Rural Areas district or the reservoir watershed, when subject to reasonable limitations" (see Attachment E). 1 PLANNING AND ZONING HISTORY: (SP-88-96) - James River Baptist Church - On December 28, 1988, the Board of Supervisors approved a special use permit on this property for a church (see Attachment C). On December 17, 1991, the Zoning Administrator determined this approval had expirec (see Attachment E). SUMMARY AND RECOMMENDATIONS: Staff opinion is that certain uses such as churches, day care and schools contribute to the well being 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 received two letters of objection from the same property owners(see Attachment C). The previous special use permit involved a new church building to be sited at least 300 feet from Route 726 (see Attachment D). The existing structure, located approximately 140 feet from Route 726, was to remain in residential use as a parsonage. Given the sanctuary size, downward slope and locating parking behind the building, staff does not believe church use of this structure will detrimentally affect Route 726 or adjacent properties. In five to seven years, the applicant will construct a new sanctuary of the same size, location and intensity of use as previously approved in SP-88-96. The existing structure will convert back to a parsonage. Virginia Department of Transportation indicated the existing entrance requires offsite work to obtain minimum sight distance (see Attachment F). Staff recommends closing the existing entrance and locating a commercial entrance from Route 737 prior to any activities. Staff has reviewed this special use permit for compliance with Section 31.2.4.1 of the Zoning Ordinance. Staff opinion is that use of the existing structure as proposed should not be detrimental to adjacent properties, the character of the district will not change and the use should be in harmony with the purpose and intent of the Zoning Ordinance. Staff has not identified any new circumstances since approval of SP-88-96 that would preclude use of this property for a church or allow construction of the new church. Staff is able to recommend approval of SP-92-03 subject to the following conditions: 2 Recommendec Conditions of Approval: 1) Staff approval of sketch plan to include Health Department approval, Fire Official approval and Virginia Department of Transportation approval of entranr.e. Locate parking behind the existing dwelling. 2) The existing dwelling shall serve not more than a 60 member congregation and shall have a sanctuary area not to exceed 460 square feet; 3) Expansion or construction of sanctuary area shall be located at least 300 feet from Route 726 and 140 feet from Route 737. Sanctuary area shall, in no case, exceed 1,200 square feet without an amendment to this special use permit; Construction of new church shall commence within six years or approval of the new structure shall expire; 4) Upon issuance of a certificate of occupancy for the new church, the existing building shall cease sanctuary use; 5) The property may not be further divided; 6) Approval is for worship and related church use only. Day care or other such uses will require an amendment to the permit; 7) Only those areas required for the church and appurtanant improvements shall be cleared. All other areas shall remain in a natural state. 8) Care shall be taken during construction to minimize grading and installation of improvements. ATTACHMENTS: A - Location Maps B - Proposal C - Letter of Objection D - Report and Approval E - Zoning Administrator F - Virginia Department of Transportation Comments 3 c.....:..:....... ~~ ..-!1 0" ~ ..... / I .... ~ v o c., '?" ~ ~ ~ ...::. ~j/ , ~ v <<. ~~~"~."''f. _ ...;......--::: - ~ IvE~ ~ c 1'1 G t\ A "^ u c K 10l ~ I ALBEMARLE COUNTY 122 ...._.~~4'. - '\ 1- IATTACHMENT AI V /' t/ Ipage21. I '" Yy/ \ ~ ..I ~ \/-' ~/ '.' /oe',,> (~/ ( , ~- ..,) - )'< .--L.-.-i, ./ ,,---- 19 v\ / 4 '" , , - I II I 15 ~.. .'/'-. ~ '. .~ "'.- r ~. f / ,.. . ' .' IZ I.... 1/ . :' '[ . 136 S ALE IN FEET 1100 1100 ... leU L OISTlItlCTS SCOTTSVILLE DISTRICT SECTION 130 ~ COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 February 11, 1992 Trustees of James River Baptist Church Route 4, Box 20 scottsville, VA 24590 RE: (SP-92-03) James River Baptist Church Dear Sirs: This letter reiterates our phone conversation on February 3, 1992 and our meeting on December 4, 1991. In order for this department to process your application, please answer in writing, the following questions by February 18, 1992. 1. Other than setback and building use, how does this application deviate from SP-88-96? Are there any changes to the number of congregation or meetings? As I understand from our meeting on December 4, 1991, there was no change in this application from SP-88-96 on the size of the use. If you are proposing to expand, please state this in writing. 2. Will there be any day care? Do you plan on any weekday activities other than one Wednesday night bible study? Will you have Sunday School? Mornings out for Mothers? Regular daily activities or classes? 3. Describe as thoroughly as possibly, the schedule and hours of service, number of worshippers per service and any other services you propose. 4. Will the existing structure be used as a dwelling in addition to a church? Will the structure be reconverted back into a structure after the church has been built? Trustees of James River Baptist Church February 11, 1992 Page 2 5. On December 4, 1991, I suggested you contact the Health Department to ensure adequacy of your septic field. If you still have not made contact, please call Gary Rice at 972-6259. I also suggested you call Jay Schlothauer from the Inspections Department about converting the structure into a church. If you have not made contact, please call him at 296-5832. 6. On December 4, 1991, I suggested you contact the Virginia Department of Transportation (VDOT) about locating an entrance. I understand contact with VDOT has been made. Please verify that an acceptable entrance has been located. Call Jeff Echols at 296-5102 if you have any questions. 7. Provide a plat of the property. This property is currently listed as Parcels 35A and 35A1 for a total of 14 acres. Please amend the application to list both parcels and correct acreage. Provide any additional information which would clarify this use. During review of SP-88-96, one of the adjacent property owners complained at public hearing about this request. On December 6, 1991, the Zoning Department received a second letter from this neighbor (see attached). After studying this letter, can you provide any additional comments or ideas which would alleviate concerns of this owner? If you have any questions, please call me at 296-5823. Thank you. Sin;ere;y, ~~ Yolanda Hipski Planner YAH/mem ATTACHMENT February 18, 1992 Coun Dept 401 Char y of Albemarle of Planning and Community Development cintire Road ottesville, Virginia 22901 IATTACHMENT 81 \Page 31 RE: (SP-92-03) James River Baptist Church Att: Yolanda Hipski, Planner In r ply to your questions in the letter of February 11, 1992: 1. he number of our congregation has not grown as we had hoped "t would. There are only 5-8 more in our congregation now tn8n On 1988.(SP-88-96). The meetings will be the same. 2. T ere will be rio day care. There are no weekday activites other than Wednesday eveing Prayer Service and Bible Study. We will have S nday School on Sunday morning at 10:00; Worship Service at 1 :00 A.M. Sunday night we will have Choir Practice at 7:00 P.M. a d fellowship at 8:00 on some Sunday evenings. 3. S nday School and Worship Service will involve about 30-60 people. W dnesday services at 7:00 P.M. will involve about 20 people. C oir practice will involve about 12 people and the fellowship a out 15-20 people. 4. T e existing structure will not be used as a dwelling while we a e using it as a church. The sturcture will be converted back i to a dwelling after the church building has been built. 5. have talked with the Health Department and will contact the spections Department soon. 6. e Virginia Department of Transportation has already been c ntacted and the driveway pla~d 7. at attached. I ho e these will answer your-questions, if there are others, please call me. Sincerely, /~ /~. /:,~~~;:?;??,~ c:-~~):-- ~James C. J~on, Pastor James River Baptist Church Route 4, Box 20 Scottsville, Virginia 24590 . .~ ,i ." ! ~ '~" . :~-) ~" " :!;---- ~ ',., ~ J _---.'__ '-.,' ,j';:: o ~"4''''''~ , ~~ru~ ~:~;~. . :::.~~J.~:' ;~ ~:~:~; ~,~ :-:~I~;'~~;; "'P'''''\:..'~;'- E ~~~5T;~. ~-~ /;l;~.~:~~ rt~~G:I .,...,..._-~ co -'}i4:mr.. ~~~~~~'~;st:'i ~:~ ~~ll~~~::;\ ~ :~~~~%}; ..,.",($1...... ,~'f~ . :':,~~::.:;.;.l~./i ~~;R~~W .; ;~~.~~:.~~:l~~L , .~Il~ . I'B:.,..", .'s~'".".. ..~v........-.......~~.1....._ I ! l t l ! ! ~:' ,- 'ry " , "i " '~ L ~ "' , ^ Q ~ ~'-' ~~;' , ~~~~.. "I;~ ~ ~ .:..~.....: d. .~ , . ~ . g .~~:{}.,~}~:: Q :.:.":. ..~..,. ~ ,:. . (; .: ;y:~~.~:;:i .t;,l;:~\~~\!}~ 't,;l~i;B\!i~'i,\j~, t>..,...-..< . J'~n__. ~~~. ~~... ~: 0 )0., .. d "( X '-I " ~ ~ .~ i ~ ''''",' .....-. .--." ~;: 11"., :::1 i~.;. ....:1: .~_ ~~(J..'.. .....,;~~.-::-: .. ','J'.. I .};-~t;j~{t il'HJ;:~ TI\~J'~,Ji~''"!)~~1~*,lf:![~I; CHESTER ,oute 4, 80x 57 ~cottsville, VA 24590 5 December 1991 Mrs. Amelia Patterson Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville, VA 22901 IATTACHMENT C IPage 11 DEe (3 1991 ..":.....f Dear Mrs. Patterson: 1-\~J3E~"i;\r\i.~~ C.:,)- .~~. ZONiNG GE1'),I\;,:T;,,:!;:.\,';! RE: James River Baptist Church Tax Map 130, Parcel 35A;. Route 726 & Route 737 Thank you for the courtesy of your time this morning. I would like to take this opportunity to set forth in writing our concerns regarding the above-referenced matter. Our primary concern is the possibility that the existing structure, which sets back from Route 726 no more than 100 feet, would be permitted to be used as a church structure by the James River Baptist Church (the ~Church"). This was the concern we stressed several years ago prior to the issuance of a special use permit granted to the Church. Accordingly, I would like to state what we perceive to be certain facts in the matter, as well as our interpretation of what the County has already granted the Church. Section 31.2.4.4 of the Code relating to Special Use Permits states, in part: "In the event that the use. for which such permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. . the term 'commenced' shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year; provided. . ." Since this Section of the Cede is specific regarding the issuance of the permit, in our opinion the Church has abandoned the existing permit in that absolutely no construction or any other work has taken place since the date of issuance, December 21, 1988. Accordingly, we believe it is not legally possible for the original Permit to be amended since it was abandoned pursuant to Section 31.2.4.4 of the Code. As I stated to you this morning, the Church has a very small following and from what we understand a very weak financial base. It was always our feeling that the Church ultimately had a goal of using the existing structure as a church and not ever building one. I think this would be possible to prove, if the County were to ask them for proof IATTACHMENT C , l Page 2\ of ever applying for loans to build pursuant to the original Special Use Permitted granted. In line with this, I do not see it to be an unreasonable request for the Church to furnish the County with proposed f~nancing plans for construction of a church in the future, if you are to deem appropriate consideration of any n~w request from the Church. Our concern relating to our property was alleviated by the specifics set forth in the original Permit issued the Church in that it stated the church must be set back at least 300 feet from Route 726, with entrance thereto being only from Route 737. This was in the Planning Commission's Staff Comments to the Board of Supervisors, pursuant, I presume, to the Virginia Department of Transpqrtation study regarding traffic on Route 726. One concern we have regarding this study is that we do not believe it took into account the heavy traffic generated on Saturday and Sunday during summer months with people going to and from the James River Runners; notably, this would also be the peak time for use of this Route by the Church. Furthermore, the Church stated to the Planning Commission and the Board of Supervisors that the existing structure would serve only as the parsonage. The Minister of the Church and his family did live in the existing structure for about three years. However, recently they purchased ten acres of land and obtained County approval to put a mobile home on that property and are now residing there. This in itself would indicate that the Church has no future plans to use this structure as a parsonage. In closing, I would like to reiterate that we do not object to a church being built on the adjacent property, if all requirements set forth in the original Special Use Permit were followed. However, we strongly object to the current structure being used for any purpose other than a family, residence/parsonage. Thank you for your time in this matter. Sincerely, ~~~~ Richard H. Shaffer CHSSil:Fi Route 4, 80x 57 Scottsville, VA 24590 23 Febl-uary 1992 RECEiVED County of Albemarle Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA 22901-4596 Attn: Yolanda Hipski, Plannp.r B~l__aE=2~=Q~_=_~~m~a_Bi~~~_~~Qiiai_~b~[~b Gentlemen: This letter is written to express our views regarding our opposition to the application by James River Baptist Church ("Applicant") for a Special Use Permit on their property adjacent to ours. In the first instance, we express no opposition to the issuance of a Special Use Permit on the property, if such Permit carries the same terms, conditions and specifications as the permit previously issued on the property. In fact, it would be very difficult for us to comprehend your Department recommending the issuance of any new permit without such same specifications, in light of the previous studies done by you, as well as the Department of Transportation, etc. Hawever, we are in total opposition to a Special Use Permit, if the issuance thereof permits use of the existing ~t~ucture on the property as a church. The previously issued permit called for a church structure to be set back at least 100' from Route 726, together with access thereof to be from Route 737. These specifications alleviated any concerns we had regarding excess traffic on Route 726, which divides our property from the Applicant. The road is extremely dangerous due to excessive curves, and our fence has been damaged three \I t. i mes. In fact, very recent I y a car went of f the road and was wedged on top of a stump on the church's property. On Saturdays and Sundays during the Summer months there is extremely heavy traffic on Route 726, as it is the direct route to James River Runners, Hatton Ferry and the boat ramp used by fishermen and boaters. Sunday is, of course, also the day that the church will be adding most traffic to the Rout e. We note that Applicant states they plan to use the existing structure as a church until such time as a church is built (perhaps 5 or 6 years, as stated in the application). This is simply a "wild gLless~" bearing in mind that they have already owned ths property for nearly four years for the exprsss purpose of using it as a site for their church. The church is a spin-off from a local church and today has a very small following. The monies that would be necessary to ~rTACHMENT C I build a church ar-e.;imply not within its means and the lpage 4\ issuance of a new S~ecial Use Permit~ as applied for, will simply be an amendment to the previously issued per-mit~ the key exception being that the current structure will be used as a church from here to eter-nity. Applicant states that they currently use the public reoms at the County-owned old Scottsville School for- services and imply that this is a hardship because they must pay rent and set up for services~ etc. The r-ental fee for- this facility is very nOMinal and setting up chairs for services is cer-tainly no hardship. This should have no impact on whether the property in question should receive a Special Use Permit. To the contrar-y~ availability of these alter-native facilities should strengthen the Counties' position that the curr-ent structur-e should not be used as a chur-ch and that the School should suffice until such time as a new chur-ch is cons.tructed. We note that Applicant states that the church property is surrounded by Dansey Plumbing, Paulett Har-dwar-e and Chester Bed and Breakfast~ implyin~ that all thr-ee are cammer-cial pr-operties. We own Chester- Bed and Breakfast~ which is zoned RA~ and is by County law a cottage industry operated out of a pr-ivate residence. As opposed to commercial property, the value of r-esidential property is more susceptible to valuation variance by changes in the surrounding environment and, ther-efore, cannot and should not be compared to a commercial one. It is of utmost impor-tance to us that the value of our- pr-oper-ty not decr-ease due to sur-r-ounding uses of pr-oper-ty. In our- opinion the issuance of a Special Use Permit must take into consideration any possible e~fect it may have on existing values of sur-rounding proper-ties. We strongly believe that our pr-operty value should not be subjected to possible lessening in value due to additional commercial type proper-ty uses ar-ound us. The church proper-ty is located in the Totier Creek watershed, which would be impacted by septic facilities in other than str-ict residential usage. This was an obvious fact prior- to the chur-ch purchasing the property and should have been taken into consider-ation at that time. We oppose t~e use of the existing str-uctur-e as a church and will pr~s2nt our position befor-e your hearing, as well as ~he BOdrd of Supervisor-so If your- Department does recommend the issuance of a Special Use Per-mit with the existing structure being used as a church, we will ask the Board of Super-visor-s to seek justification from you as to why a recommendation is made which var-ies significantly from a previously issued permit for- this proper-ty. Especially in light of the fact that the County pr-ofesses to do its utmost to protect our watershed areas and development ther-eon. We tn,st our views and opinions in this matter deemded re:. evant to your Department's consi dera.t i on application. ~\TTACHMENT , wi 11 be IPage 51 of thE'" Respectfully submitted a-J~A- ~wtk~ Cha.rles G. Anderson Richard H. Shaffer , . AMELIA M. PATTERSON PLANNING COMMISSION: DECEMBER 6, 1988 BOARD OF SUPERVISORS: DECEMBER 21, 1988 P-d8-96 JAMES RIVER BAPTIST CHURCH etition: James River Baptist Church petitions the Board of upervisors to issue a special use permit to locate a church Section 10.2.2.35) on ~ 14 acres zoned RA, Rural Areas. The roperty, described as Tax Map 130, Parcel 35A, is located in the outhwest corner of the intersection of Route 726 and Route 737, 'ust south of the Scottsville Shopping Center. Scottsville agisterial District. haracter of the Area: The subject property is improved with a ne story cinderblock single-family dwelling fronting on Route 26. The site is moderately level and slopes downward from Route 26 towards Route 737. It is sparsely wooded with mixed ardwoods and evergreens. his property is within the Totier Creek watershed and is djacent to the Village of scottsville. Property within the illage to the north (on the other side of Route 737) is zoned ighway Commercial and is developed with George A. Dansey lumbing; property to the east (across Route 726) is zoned illage Residential. he applicant proposes to construct a church a minimum of 300 feet from Route 726 and 140 feet from Route 737. The proposed sanctuary area is 1200 square feet, with a seating capacity of 130 people. The present membership is 50 people. The existing dwelling will serve as the parsonage. No non-worship uses (daycare, etc.) are proposed. Two meeting days per week are anticipated. Traffic generation based on seating 130 people is 65 trips. (1 parking space per 4 fixed seats x 2 trips). By-right development of 5 lots would generate 50 vehicle trips per day (5 lots x 10 vehicle trips/lot/day). The applicant proposes access from Route 737 for the Church, with the parsonage to continue access to Route 726. Both Route 726 and Route 737 are non-tolerable. This segment of Route 726 carries 648 vehicle trips per day and is surface-treated and posted for 25 miles per hour. This segment of Route 737 carries 89 vehicle trips per day and is non-hardsurfaced. The Virginia Department of Transportation states "to obtain adequate sight distance, the better road for access would be Route 737. Route 737 is currently a gravel road and a person is working on obtaining right of way to improve this section of Route 737. More traffic would be generated with this request than would be generated under the current zoning." Staff is of the opinion that while peak 1 ch ch traffic on certain meeting days such as Sundays, would exceed that of by-right development, weekly church traffic would no exceed that of by-right development. (church traffic = 65 ve icle trips x 2 days/week = 130 vehicle trips; by-right 5 lots = 50 vehicle trips x 7 days/week = 350 vehicle trips). No active streams exist on this property, although a drainage sw le runs along the wooded southern boundary, perpendicular to Ro te 726. Care should be taken during construction to minimize gr ding and the installation of impervious cover within the' To ier Creek watershed. etter of objection has been received (attached) from the owner Chester Bed and Breakfast, located across Route 726 from this Mr. Anderson cites concerns over the impact of the church the character of the area, the roads and the watershed. Planning Commission and Board of Supervisors is aware that in past churches have not been considered inconsistent with the al Areas district or the reservoir watershed, when subject to sonable limitations. This property is directly adjacent to growth area of Scottsville, proposed to be upgraded from a lage to a Community in the 1988-2010 Comprehensive Plan Draft. staff's opinion, the church will not be visually obtrusive m Route 726 and the Chester property, based on the proposed foot setback and the downward sloping topography. ff has reviewed this special use permit for consistency with tion 31.2.4.1 of the Zoning Ordinance and recommends that with ropriate conditions of approval of a church in this location: a) would not be substantial detriment to adjacent property; b) would not be inconsistent with other uses in the area nor with the intent of the Zoning Ordinance; and c) would not be contrary to the public health, safety and welfare. St ff recommends approval subject to the following conditions: 1) Sanctuary area limited to 1200 square feet. The church shall be located a minimum of 300 feet from Route 726 and 140 feet from Route 737; 2) The property may not be further divided; 4) Only those areas required for the church and appurtenant improvements shall be cleared. All other areas shall remain in a natural state. 2 ALBEMARLE COUNTY 122 ------(\'1+____/ ... I \~ J~ -~-~ ,II 'M '\ _~ ~ \( .-----Y J II /""~ ~ / (/, ~ /' ') --F-,-L._.~ -+ ,,........----- 19 v\ /' 4 I / .~- '\' i 136 SCALf. .. FEET ... . .. .... .... ,.... ...,. leu De$ffUClS SCOTTSVILLE DISTRICT SECTION 130 r . (, A_BEMARLE COUNTY \. 122 f .~. f .'.~ fj t 1 . -~-'1- V/ R If.. Y .. r i A . IK ~ i j ~ i -1 1 j 1 ! 4 j ~ 1 ~ 1 ~ 1 i . j : i! 1 25 , t . ., j 1 ~ i ! , . ~ 1 4 1 ~ " , > '~ "-. "-. sc:au: - SCOTTSVlt.t.E DISTRICT SECTION 130 PAGE NUMBER 43 - 0...,1ItC.. ,.....,. 'I' Cllcs tcr R)[jlc iJ., nox 57 Scottsvillc, Virginia 24590 1\10\/ 21 1988 r;tf;,:\jj\,:jNG Dn/IS/ONi November 21, 1988 Mr. William Fritz, Planner Department of Planning & Community Development County of Albemarle Charlottesville, VA ReI Hezoning File 1151'-88-96 Dear Mr. Fritz: You will perhaps recall our brief discussion of several weeks ago on the above-referenced matter, a Special Use Permit for all or a portion of approximately 15 acres being sought by James River Baptist Church. It is our understanding that the Church seeks the Permit as a con- tingency in their purchase of the subject property. My partner in the ownership of tax parcel number 13000- 00-00-03500 and I evidence great concern in this matter in that our property, (hester, shares frontage with the whole of that part of the subject property which faces State Route 726 south from its intersection with State Route 737. The property owned by the Kendall Estate lies to the west of 726 while our nearly seven acres lie to the east, and, as is the case with the subject property, is additionally bounded on the north by 737, We purchased Chester three years ago, in part because we were most favorably impressed with the basic character of the property in the area, all that property (including ours) to the east and south of the 726-737 intersection being zoned Village Residential while that to the west and south (including the subject tract) is zoned Rural Area. We strongly feel that any change or modification of the RA zoning of the subject tract, including the granting of the Special Use Permit, is completely unwarranted in that it will change the essential character of the immediate area. In this regard, we would note that within an area of 1,500 feet of the intersection of Routes 726 and 737 approximately one-fourth of such land is zoned other than RA or Village Residential, with a significant amount of that portion being either undevel- oped or underdeveloped. In any event, State Route 737 forms a natural barroier both graphically on paper and visually on-site to further encroachment which would IV i 11 i am Fr i t z November 21, 1988 page 2 destroy the present character of that property lying south of Route 737. This includes the subject tract. Admittedly i1 rezoning, per se, is not being sought, yet the Special Use Permit ~ould dramatically alter the character of t~e property. Further, ingress and egress to the Subject tract suffers mightily from very limited sight lines, whether entrance is contemplated from Route 726 ~ 737. This is because of the curvature of 726 which separates our property from the subject tract, as well as the significant grade change on 726 immediately to the north of its intersection with 737, Additionally, a barrier of trees and shrubs on the George A. Dansey, Inc. property adjacent to 737 have been pur- posely nurtured to shield the Village Residential/RA character of the land south of Route 737 from the commercial character of those parcels on oath Sides of Virginia Highway 6 which lies a block north of Route 737. (Photographic exhibits demonstrating these points are attached hereto.) Route 72~which divides our property from the subject trac~ is essentially a hard-surface, high-crown road of some eighteen foot width. With extremely narrow right-of-way with no room for a shoulder and, hence, no room for driving error, it is ill-suited for anything other than the nominal traffic which uses it, let alone the very significant increase in traffic ~~ tbe vehicular turning movements companion to the granting of a Special Use Permit and the expanded usage of the property. Ironically, one of the highest concentrated usages of this stretch of Route 726 is on Sundays from 8 a.m. to 1 p.m. from May to September when the road is the principal vehicular route to and from Hatton Ferry and James River Runners at that same location; this ~ould, or course, be the same period of concentrated usage of the subject property for church or church-related purpOses. While the State Department of Transportation will no dOUbt consider and comment On the adequacy of this stretch of Houte 726 to support the requested Usage of the Kendall property, the Planning Department may also wish to have a report from the County Police Department as to the accident frequency and severity On Route 726 from Virginia Highway 6 to its intersection with Warren Street coming up from the Village of Scottsville. Also Worthy of study is the status of the Kendall property relative to the Totier Reservoir watershed. Possibly the contemplated use of the property under the Special Use Permit would have an adverse impact on this vital resource. l l-li 11 iam Fri tz November 21, 1988 page 3 We note that applicable provlSlons of the zoning regula- tions of the County relating to Special Use Permits (specifically Section 31.2.4.1. "Reserved to BOard of Supervisors") provides for the granting of such Permits in instances where it ".. .will not be of substantial detriment to adjacent property, (and) that the character of the district will not be changed thereby...". We strongly feel that the granting of the requested Permit will, indeed, have a significanlnegative impact on the continued use of our property, (hester. as a bed and breakfast facility. We trust that these enumerated concerns of ours will be given due consideration in formulating your staff recommendation to the Planning Commission and the Board of Supervisors. encl. CCI John Horne Amelia M. Patterson Peter Way Larry J. McElwain. Esquire 4:;:it~ ~~ Charles Gordon Anderson -( I ATTACHMENT 0 I jPage 81 of COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 D cember 28, 1988 J mes River Baptist Church P. O. Box 118 S ottsvil1e, VA 24590 SP-88-96 James River Baptist Church Tax Map 130, Parcel 35A; Route 726 and Route 737 sir: e Albemarle County Board of Supervisors, at its meeting on cember 21, 1988, unanimously approved the above-noted request allow for a church on 14.0 acres, zoned RA, Rural Areas. operty, located in the southwest corner of intersection of Rt. 6 and Rt. 737 across from the Scottsville Shopping Center. ottsville Magisterial District. Please note that this approval subject to the following conditions: 1. Sanctuary area limited to 1,200 square feet. The church shall be located a minimum of 300 feet from Route 726 and 140 fe8~ from Route 737; 2. The property may not be further divided; 3. Only those areas required for the church and appurtenant improvements shall be cleared. All other areas shall remain in a natural state; . Jiames River Baptist Church P~ge 2 D~cernber 28, 1988 I ATTACHMENT 0 I Ipage 91 , 41. Approval is for worship and related church uses only. Day care or other such uses will require amendment to this permit; , 5 Access to the church is to be from Rt. 737 only. I Iif you should have any questions or comments regarding the above npted action, please do not hesitate to contact me. cerely, JC:P#/I,~ T. P. Horne ector of Planning & Community Development I J~PH/jcw , I CC: Rev. James C. Jetton I I . COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 December 17, 1991 Mr. James Jetton James River Bapti$t Church Post Office Box 118 scottsvi1le, Virginia 24590 RE: SP-88-96, James River Baptist Church Dear Mr. Jetton, After conferring with the County Attorney, it has become clear to me that the relation between your special use permit and the proposed structure is closer than I had first believed. .Although special use permits are for uses, not structures, the church you proposed to build was mentioned on the application for SP-88-96 and in the public hearings before the Planning Commission and the Board of Supervisors. The adjacent property owner who objected to your application relied on this information. The first condition of the special use permit required that the proposed church be built at least 300 feet from Route 726 and 140 feet from Route 737. The existing house, which was to have been a parsonage, cannot meet this condition. Given these circumstances, I have now determined that SP-88-96 'has expired. If you intend to use the single-family home as 2 church, you must submit a new special use permit. I also recommend that you meet at the houses of members of your congregation for your Wednesday night prayer meetings, rather than at the proposed parsonage, until a new special use permit is approved. The next deadline for submitting an application for a special use permit is January 27, 1992. If you submit an application before April 1, 1992, the fee will be $165.00; after April 1, the fee will be $780.00. I strongly recommend that you confer with William D. Fritz of the Planning Department (296- 5823) before filing an application. .. . ~age 2 D~cember 17, 1991 I I I I I~I am sorry if my earlier decision concerning this use has caused y u any inconvenience. Please contact me or Babette Thorpe if y u have any further questions. sincerely, . '"h1 W b" d ;\~~ elia M. pat1~~---- ning Administrator William D. Fritz Yolanda Lipinski Richard H. Shaffer L . RECEIVED FEB 2 7 1992 PlANNING DEPT. I I I I I I I I RAY D. PETHTE~ COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 D, S. ROOSEVELT RESIDENT ENGINEER February 25, 1992 Special Use Permits & Rezonings March 1992 Mr. Ronald S. Keeler Chief ofl Planning County O~fice Building 401 McIntire Road Charlott~sville, VA. 22901 I I Dear Mr.1 Keeler: I The following are our comments: 1. SP-92-01 Paran United Methodist Church, Route 606 - This request is to amend SP-89-1 4 to permit a day care/nursery school with a maximum enrollment of 20. This request Iwould result in a traffic increase of approximately 100 VPD. Route 606 is current~y non-tolerable and a non-hard surface road. As part of the approvals for the chudch the section of Route 606 from Route 763 to the church entrance was widened~'to a fourteen foot (14') travelway. The Department recommends that this section of Route 606 be upgraded to current standards, which would include proper road an shoulder widths along with hard surfacing. It would be beneficial to trim some ov rhanging vegetation to the north of the entrance to improve and maintain sight d'stance in that direction along Route 606. I 2. SP- 2-02 Harold & Sarah Hensle , Route 1108 - The existing private entrance has adequat sight distance for this request. However, the driveway (which is gravel along t e road and paved on site) is not adequate for truck traffic. Also, there is not ade uate onsite parking for trucks without having them to back up or on from the road. he inlet end of the pipe under the driveway is bent, probably from where it has bee~ run over. Yith the dump trucks parked in the driveway, the cars have to park alongside the road on the shoulder. I I 3. SP- 2-03 James River Ba tist Church, Route 737 - This request is to operate a church n an existing house. There would be an increase in traffic for this request as a te porary church operation. The private driveway for the house on Route 726 does not have adequate sight distance. A minimum of 250' of sight distance is require4 and there is only 200' of sight distance for a vehicle turning left into this pr~perty. The sight distance problem is caused by a bank and several trees across ~he road. A sight easement wo~ld be needed as well as grading of the bank and rem~val of several trees to obtain sight distance. The access for this request I I I I , TRANSPORTATION FOR THE 21 ST CENTURY Ir. Ronald S ;pecial Use 3hould be a recommends t rhere is a 1 Jther commen apply. 4. increase and this entranc.e 5. SP-92-06 several yea adequate si commercial wi th this r the amaun t 6. SP-92-0 currently n development I upgrade the in increase generation shaped and commercial entrance on entrances. obtain adeq road would lanes would .. . Page 2 February 25, 1~92 Keeler ermits & Rezonings ommercial entrance with adequate sight distance and the Department at the existing access be upgraded or a new entrance be constructed. cation on Route 737 where an adequate commercial entrance can be built. s concerning the previous special use permit for the church still James & Sue Villis, Route 738 - This request is to amend SP-90-115 to number of students from 30 to 40. Route 738 is currently non-tolerable est would result in an increase of 50 additional VPD. The recent ovements constructed will be satisfactory for this request also. Blaise Gaston, Route 662 - This section of Route 662 was improved s ago and is currently tolerable. The existing private driveway has ht distance. The Department recommends that the access be upgraded to tandards which would include widening and hard surfacing in conjunction quest. There would be some increase in traffic from this request, and ill depend on whether or not customers use the site. Farmin ton Countr Club, Route 601 - This section of Route 601 is n-to1erable. The existing entrance on Route 601 that serves this does not meet current commercial entrance standards. This request is to current facilities at the Country Club and it is not proposed to result membership. Therefore, there should be no direct increase in traffic rom this request. However, the existing entrance on Route 601 is "I" he Department recommends that it be reconstructed to a standard "T" ntersection. A minimum of 300' of sight distance is required for an Route 601 and currently this exists for only one d~rection at one of the The other sight distance measurements are between 200' and 290'. To ate sight distance for an entrance at this location, the bank across the eed to be graded and a sight easement platted. Vhether or not any turn be beneficial at this location is difficult to determine at this time. ..._..._, '\J'''II''''\'tV1'f run Inc L 1;:)1 \...~r"'IUMT . :Z(-.:: ~:=-'7. .:>-- . : (: ,,-, N; j' -<. :<?f "..!>:.:.-:2 ~- Ii COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 296.5823 March 11, 1992 rn James H. & Sue H. Willis P. O. Box 140 Ivy, Va 22945 RE: SP-92-05 James and Sue Willis Tax Map 58, Parcel 37C2 Dear Mr. & Mrs. Willis: The Albemarle County Planning Commission, at its meeting on March 10, 1992, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. No expansion of the existing building; 2. Access shall be established at a point as far on the west of the parcel as will be approved by the Virginia Department of Transportation; 3. virginia Department of Transportation approval of a commercial entrance permit; 4. Compliance with Section 5.1.6 of the Zoning Ordinance: a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license 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; James and Sue Willis Page 2 March 11, 1992 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; 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; 5. Administrative approval of site plan; 6. B~~~a~R~-sfia~~-Be-eeRs~~~eeea-~R-~eRe~a~-aeee~a-w~~fi e~eva~~eRs-~~ev~aea-~R-AeeaefimeRes-E-aRa-F; 7. Enrollment shall be limited to efi~~~y-t3et forty-five (45) students or such lesser number as may be approved by the Health Department. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15, 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, //~7 / // /7/'-5f' . " /...,//<. -- I ::.// ( ;{: t ~" " ~. /' ./' William D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Patterson Jo Higgins STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 10, 1992 APRIL 15, 1992 SP-92-05 JAMES AND SUE WILLIS Petition: James and Sue Willis petition the Board of Supervisors to amend SP-90-115 to increase the number of students permitted in an existing day care from 30 students to 40 students [10.2.2(7)] on 2.5 acres zoned RA, Rural Areas. Property, described as Tax Map 58, Parcel 37C2, is located on the south side of Route 738 west of and adjacent to Murray School in the Samuel Miller Magisterial District. This site is not located within a designated growth area (Rural Area 3). Character of the Area: The property to the east is Murray School. An industrial user is located to the south of the site. A day care facility (Millstone of Ivy) has been built on this site. Other properties in the area are vacant. Applicant's Proposal: The applicant is proposing to amend condition 7 of SP-90-115 (Attachment C) in order to permit 40 students. No additional building is proposed. The applicant has submitted the following description and justification of this request: "When the architects designed the building for Millstone, it contained two classrooms and a central dining area. Since the second week of operation it has proven far more efficient to take the food to the children in the classrooms rather than have them come to the dining area. Therefore, this space goes unused. Millstone is currently filled to capacity, with a waiting list for September of 1992 and a small waiting list already for September of 1993." SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Planning and Zoning History: October 5, 1983 - This property was rezoned from R-1, Residential to RA, Rural Areas as part of the comprehensive rezoning of Ivy. 1 February 8, 1984 - The Board of Supervisors approved a central well permit for five dwellings located on this parcel as well as adjacent property currently known as Tax Map 58, Parcel 37C. (These dwellings were never constructed). June 15, 1989 - Planning staff administratively approveJ the subdivision plat creating the parcel currently under review. January 16, 1991 - The Board of Supervisors approved SP-90-115 which was a request for a 30 student day care center. April 18, 1991 - The final site plan for the day care center, Millstone of Ivy, was approved. (A minor amendment was approved on June 13, 1991). Comprehensive Plan: The comprehensive Plan discourages development in the Rural Area except for that related to bona fide agricultural/forestal uses. However, this proposal is located within the former growth area of Ivy. Support services to the residential development that has taken place in this area may be warranted. There are currently no other day care centers in the area. Murray School is located just to the east of this parcel and this use is consistent with a public school. STAFF COMMENT: The site was developed in accord with the conditions of SP-90-115. The Department of Social Services has written a letter stating that the facility is adequate for 45 children, however, due to the conditions of SP-90-115 the center is limited to 30 children. The BOCA code would permit 49 children. The Health Department has limited its approval to 40 students. The main impacts that the increased number of students will have are: 1) increased traffic volumes, and 2) the need for additional parking. Based on the current edition of ITE a 30 child day care center generates 140 vehicle trips per day. A 40 child day care center will result in 186 vehicle trips per day or an increase of 25%. This section of Route 738 had 698 vehicle trips per day according to a 1988 traffic count. The existing entrance to the site was built in accordance with Virginia Department of Transportation requirements and provides adequate sight distance. Staff opinion is that the increased traffic volume will not substantially affect the area or result in a hazard. The current day care facility has 7 parking spaces. The increase in students will require 3 additional parking spaces to be installed. Sufficient area exists to permit the installation of these additional parking spaces with no additional clearing and minimal earth disturbance. 2 During the review of SP-90-115 staff received a peti~ion of support containing 175 signatures. Staff is unaware of any opposition to the applicant's current request. Summary The applicant's proposal will not result in any addit~onal building construction, but will require the installation of 3 parking spaces. The increased number of students will increase traffic levels by 46 vehicle trips per day. It is the opinion of staff that this request is consistent with SP-90-115 and that the potential negative factors cited in that report have been overcome. Therefore, staff recommends approval of SP-92-05 subject to the following conditions which are the same as those for SP-90-115 with the amendment of condition 7 and the modification/deletions of conditions 1 and 6. RECOMMENDED CONDITIONS OF APPROVAL: 1. No expansion of the existing building; 2. Access shall be established at a point as far on the west of the parcel as will be approved by the Virginia Department of Transportation; 3. Virginia Department of Transportation approval of a commercial entrance permit; 4. Compliance with Section 5.1.6 of the Zoning Ordinance: a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all renewals thereafter and to notify the Zoning Administrator of any license expiration, suspension, or revocation within three (3) d,lYS 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; 3 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; 5. Administrative approval of site plan; 6. B~~ia~n~-skaii-~e-eens~~~e~ea-~n-~ene~ai-aeee~a-w~~k eie~a~~ens-~~e~~aea-~n-A~~aeftmen~s-E-ana-F; 7. Enrollment shall be limited to ~k~~~y-f3e+ forty (40) students. ATl'ACHMENTS: A - Location Map B - Tax Map C - Action Letter for SP-90-115 D - Virginia Department of Transportation Comment 4 II! 11 g1 >i ( i I f"-./ '-, r- ~ ,-" l' IATTACHMENT A ',I ~ \ ~ w '3 '" "~ ~. .t \~- ~- _ \ \ ['ill] \ ~ BOAl MOUNTAIN .LBEMARLE COUNTY IATTACHMENT 8 "" ""- "-..._-+~ 14 SAMUEL MILLER DISTRICT' SECT ION 58 I ATTACHMENT C I COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 January 29, 1991 James H. & Sue H. Willis Milstone P. O. Box 140 Ivy, VA 22945 RE: SP-90-115 James H. & Sue H. willis Dear Mr. & Mrs. Willis: The Albemarle County Board of Supervisors, at its meeting on January 16, 1991, approved the above-noted request for a day care center on 2.5 acres zoned Rural Areas. Property l~cated on the south side of Rt. 738, approximately 1/4 mile east of intersection with Rt. 676 near Ivy. Please note that this approval is subject to the following conditions: 1. Day care center shall be limited to 20 feet in height, and 2,600 square feet; a. No such use shall operate without licensure by Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the Zoning Administrator a copy of the original license and all ren~wals thereafter and to notify the Zoning 2. Access shall be established at a point as far on the west of the parcel as will be approved by the Virginia Department of Transportation; 3. Virginia Department of Transportation approval of a commercial entrance permit; 4. Compliance with Section 5.1.6 of the Zoning Ordinance: James Willis Page 2 January 11, 1991 I ATTACHMENT C Ilpage 2/ . -~ ~ " , 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 his 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; c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virg'inia Department of Health, Virginia state Fire Marshall, or any other local, state or federal agency; 5. Administrative approval of site plan; 6. Building shall be constructed in general accord with elevations provided in Attachments E and F; 7. Enrollment shall be limited to thirty (30) students. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ,)Il 6~ V. W~;:~~limbei'g Director of P1a~n & Community Development VWC/jcw cc: Amelia Patterson Richard Moring Sandra & William Keyser, III I ATTACHMENT D I Page 2 February 25, 1992 Mr. Ro~ald S. Keeler Specia Use Permits & Rezonings should be a commercial entrance with adequate sight distance and the Department recomm~nds that the existing access be upgraded or a new entrance be constructed. There's a location on Route 737 where an adequate commercial entrance can be built. Other ~omments concerning the previous special use permit for the church still apply. 4. SP 92-05 James & Sue Yillis, Route 738 - This request is to amend SP-90-115 to increa~e the number of students from 30 to 40. Route 738 is currently non-tolerable and th's request would result in an increase of 50 additional VPD. The recent entran e improvements constructed will be satisfactory for this request also. 5. SP 92-06 Blaise Gaston, Route 662 - This section of Route 662 was improved severa years ago and is currently tolerable. The existing private driveway has adequa e sight distance. The Department recommends that the access be upgraded to commer~ial standards which would include widening and hard surfacing in conjunction with tnis request. There would be some increase in traffic from this request, and the ampunt will depend on whether or not customers use the site. 6. SP 92-07 Farmin~ton Country Club, Route 601 - This section of Route 601 is curren ly non-tolerable. The existing entrance on Route 601 that serves this development does not meet current commercial entrance standards. This request is to upgrad~ the current facilities at the Country Club and it is not proposed to result in inc~eased membership. Therefore, there should be no direct increase in traffic genera ion from this request. However, the existing entrance on Route 601 is "Y" shaped and the Department recommends that it be reconstructed to a standard "T" commer~ial intersection. A minimum of 300' of sight distance is required for an entran~e on Route 601 and currently this exists for only one direction at one of the entran~es. The other sight distance measurements are between 200' and 290'. To obtain adequate sight distance for an entrance at this location, the bank across the road wpuld need to be graded and a sight easement platted. Yhether or not any turn lanes ~ould be beneficial at this location is difficult to determine at this time. , '--.,. /' , , , . ',' ,. .I"~:r .J :1 ,. -. '. ~-...# ,. .' \ " -- . -- J-- !:-. 1 -.....- ...... -. . .' I I I MO-' , d-. .... j, I! '1 --. ; :\."L.,;=~,=' r ......._-; >-'/. -.' .,~. 1/ Ii'" . .. .' '~---r ..1 ;. i ,.. _ ~ ! nr~~t II i :f~:::~~~-~=::I : -~-'- It_, .... -L-~"'"'' "J! I ; '. 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" ':.i.- 'f~~~:.'; ;~:}',:'!:Cf';:; . ::~:!t;'~{ :~;" ;,'-~~.';~.~~~ ..:' \.0.":" :' ~I~.~ ~ '!( .:i.~;~~.', ; .' ;.:~:, !.:. ::7~f.~.-',; ,1,....: '0 ,~!.". .1/1....'. ~'~. i' tJt;'.;.': > :;.)~.:: ;" . ..,~ ~'~j';"" :.\ ..'''' 1'" . .,..... .~ft;~,:.;~ ': ,;~:.:.~ ~:J~!/...../. .~. .~: . I J.. Il:r. . ~'.,A.... ~ " ',' ;:~.q::: '. ::.'.?::;i;1,.:":;:~' ". ..... " .1.. t ..-. .~tJL~~',,':rJ~'V' .t~~,,," .:t-. '. '~}i'; :":J' . 1.... . . I ..,j' I .;,':.. "'1,1. ":'r.. .~. , ..... .,'j :. I, .' ., \';\/:"': " ., . i: " t'. ,,: I ,', . '_:.,::; " . . :': :'.: . ..,.....~ . ~..' . , '.., . : 'o': ~ j" '" . ': : :, t.~..., I"~. . .,; ~. . '. I' "\ " IA TT ACi-t M ENT FI':; 1=---~1 ~ I . ~B L .. .' '. '.' '.' : ,. . " - .. . ~ ., .' . I ~ I .. ". '. r:" ., . , " ." ',' ...- ., ~.:' . .' . .~~. 'I. ,'. fl ;1 I. ;: It L '1- I ,.- . ': I' '. ,'u'. .' ;: ..... " 1~'. ':: ::.:.:;f~~.\:,-,.. /~:~~;:.:>.:;: ',;f~;~~~i.~~i~<~v;;' " ."'. < ,", .....i'..~i'i;',., ',..11'. ...,. '. ,':!,f.~'l-1/('.\":";'d ~ .":, :1." I '{ ~ I .~ "~'~'....:. ~';"~ "' ..,.":>...:.. '~\"i'~",;;f'O.).":.e..:".:.o:~':' ....~... ....\\t.~~.~:..:..: ". .."""....tl~.,..r.:',........ ;,: .".~1r...~ a.":.... "" ... ......"0.... - ...-- ....... - .... '" ...r.....-....... -~---:........I: "'lre;";F;!:"1.~I~' . ....... ... > ".LN I ~=, I -=,U_ KUU, , ('IUUfH IJC P,2 .'. \ Tltor:t)as <Z'rawfo:rd llooliey 1216 West HaV0I) Bouleval"d ~ooky Mouqi, Nortlt ~arolJI)a 27803 , RECEIVED MAR 9 1992 PlANNING DEPT. . -: J.,?:;~;.3'~:' " Mr. William D. Fritz Senior Planner County of Albemarle Dept. of Planning & Community Development 401 McIntire Road Charlottesville. Virginia 22901-4596 RE: SP-92-05 James & Sue Willis Dear Mr. fritz. As we discussed On the telephone today, I shall be unable to attend either meeting concerning the matter noted above. Nevertheless I would like to register my oPPosition to the proposal to amend SF-90-ll5. If approved. the propOsal would increase traffic On Route 738 which I believe would be hazardous to the residents and school children using this narrow road. Thank you for presenting my letter to the Planning C~mmi88ion and the Board of Supervisors. II ., Q;2no ';/ - ~ 0- ,- :7 .;L... _:!c2'CJV/~=-, .2}19 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 2965823 April 2, 1992 Paul Blaise Gaston Rt. 1, Box 221 Earlysville, VA 22936 RE: SP-92-06 Blaise Gaston Tax Map 30, Parcel 15C Dear Mr. Gaston: The Albemarle County Planning Commission, at its meeting on March 31, 1992, by a vote of 3-3, failed to make a recommendation on the above-noted request. This request is now forwarded on to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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,. /7~~ /}. .---.~.~ / / .. './ // ,-: ;~..// /~ / / ;',r'---,f'./ ~ t" v "{". ~- william D. Fritz Senior Planner WDF/jci cc: vtettie E. Neher Amelia Patterson Jo Higgins Addendum to SP-92-06 Blaise Gaston The Planning Commission at its meeting of March 31, 1992 forwarded SP-92-06 with no recommendation. During the review of the request the Planning Commission stated several concerns. Conditions to address those concerns are highlighted below. The effect of this use on the environment, particularly on the reservoir, was a major concern of the Commission. In an effort to address those concerns, staff has added conditions requiring Health Department approval and methods of disposal for waste. The Commission was also concerned that this use, once approved, would remain and potentially change to a more intensive use should the applicant ever leave the site. To address that concern, staff has recommended that approval be limited to the current applicant only. Recommended Conditions of Approval 1. Not more than two employees who are not family members who reside on-site; 2. Compliance with the performance standards of Section 4.1.4 of the Zoning Ordinance; 3. New structure to house the home occupation shall be located as shown on plat initialed WDF and dated3/19/92; 4. Construction of a commercial entrance to the standards stated in the February 25, 1992 Virginia Department of Transportation comments; * 5. Health Department approval; * 6. Permit is issued for use by Blaise Gaston only; * 7. County Engineer approval of method of disposal of all solvents, finishes, paints, lacquer and the like including clean-up materials/liquids and applicators. 7 STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 31, 1992 APRIL 15, 1992 SP-92-06 BLAISE GASTON Petition: Blaise Gaston petitions the Board of Supervisors to permit a Home Occupation, Class B to for a custom furniture business [10.2.2(31)] on 5.9 acres zoned RA, Rural Areas. Property ,described as Tax Map 30, Parcel 15C, is located on the south side of Route 662 approximately 0.5 miles west of Route 660 in the White Hall Magisterial District. This site is not located in a designated growth area (Rural Area 1). Character of the Area: One house is on this property and one house will be visible from the home occupation. This site is not visible from the public road. This property is wooded and borders the South Fork Rivanna Reservoir. Applicant's Proposal: The applicant is proposing to construct a new three-story structure of approximately 3,500 square feet. The first floor, which would be built into the hillside, will consist of 750 square feet for storage of household items. The additional 750 square feet would be used for storage of lumber and mechanical equipment involved in the making of furniture. The entire second floor, 1,500 square feet, will be used for the shop. The third floor, consisting of approximately 400 square feet, will be used as a painting studio. This will be a hobby use and not a home occupation. A description of this use is provided as Attachment C. The applicant is requesting permission to have a maximum of two employees. The shop will be used to make custom furniture. The majority of sales will be off-site (i.e. mail order). However, a limited number of customers may come to the site. 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-92-06. Planning and Zoning History: There is no history available for this site. Staff notes that this applicant did obtain a special use permit for the same type of activity on June 15, 1977 on Tax Map 16, Parcel 15 (part). That permit was SP-77-28. 1 Comprehensive Plan: This site is in the Rural Areas of the Comprehensive Plan. The Rural Areas are particularly intended to preserve and promote agriculture and forestry. This use has no direct relationship to agriculture and forestry activity. Other purposes of the Rural Areas are water supply protection, limited service delivery and conservation of natural, scenic and historic resources. STAFF COMMENT: Staff has reviewed this request for compliance with Section 31.2.4.1 and offers the following comments: o 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, Staff has received a petition in support of this request signed by nine (9) individuals (Attachment D). (The location of these property owners is shown in Attachment B.) One individual who signed the petition in support of this request has since sent a letter which states opposition to this request (Attachment E). This use will be visible from one adjacent dwelling. The performance standards of Section 4.14 will reduce the mechanical impacts this use has on adjacent property. The main impact to adjacent propertjT will be increased traffic due to employees and delivery/shipments. Staff has no method of determining total traffic volumes as this operation is for custom furniture. Staff opinion is that this use, while not of substantial detriment to adjacent properties, may be of some potential detriment due to visibility and traffic. o that the character of the district will not be changed thereby, Furniture manufacturing as a use is more appropriate to an industrial district than to the Rural Areas. Staff has identified six (6) approved home occupation requests which involve woodworking and where the square footage of the area to be used is known [SP-84-63 William Smith, SP-86-15 Michael Fulton, SP-89-51 Frederick Williamson, SP-9D-96 Allen Cutright, SP-90-l1D George Gay and SP-91-45 Roger Thomas]. These home occupations range in size from 150 square feet to 1200 square feet with an average size of 738 square feet. This request would be substantially larger 2 than similar requests approved in the past. If approved, this use may change the character of the Rural Areas district due to the size of the use. In addition, if this request is approved it may be difficult to disapprove other requests of similar size which could also change the character of the Rural Areas. Due to the size and characteristics of the proposed building, the new structure has limited potential to be converted to a single family dwelling. (This parcel does have one additional development right). The property has limited agricultural purposes which the structure could support. Therefore, it is reasonable to assume that the structure would continue to be used for commercial activity, if the applicant should ever leave this parcel or discontinue this use. o and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed this request for compliance with the purpose and intent of this ordinance as stated in Section 1.4, 1.5 and 1.6 with particular emphasis on Section 1.5 and 1.6 (Attachment F). As earlier stated, this area and adjacent areas are recommended as Rural Areas in the Comprehensive Plan and this site is located adjacent to the South Fork Rivanna Reservoir. In general, development in the Rural Areas that is not related to agricultural or forestal activity or does not provide necessary services to the Rural Areas is to be discouraged. Based on the above comments it is staff's opinion that this use is inconsistent with the purpose of the Zoning Ordinance. Section 10.1 of the Zoning Ordinance contains the intent of the Rural Areas. A part of the stated intent of the Rural Areas is to encourage development not related to agricultural/forestal use to locate within designated growth areas of the Comprehensive Plan. This use is not related to agricultural/forestry and, therefore, is not consistent with the intent of the Rural Areas. Section 10.1 further states: "It is intended that permitted development be restricted to land which is of marginal utility for agricultural/forestal purposes, provided that such development be carried out in a manner which is compatible with other purposes of this district. roadside strip development is to be discouraged through the various design requirements contained herein." Due to the size of this parcel it has limited utility for agricultural/forestal purposes. Other factors regarding the intent of the ordinance outweigh this positive factor. o with the uses permitted by right in the district, 3 The uses permitted in the Rural Areas include limited residential uses, uses by-right which are supportive of agricultural/forestry (temporary sawmill, farm, winery) as well as special uses supportive of a rural population (country store, public garage). The applicant's use is not supportive of agriculture/forestry and is not supportive of a rural population. Therefore, it is staff's opinion that this use is not in harmony with the uses permitted in the Rural Areas district. o with additional regulations provided in Section 5.0 of this ordinance, Section 5.2.2 governs the operation of home occupations (Attachment G). This use exceeds by 750 square feet the maximum area permitted for a home occupation. The Planning Commission and Board of Supervisors may authorize an increased square footage in accordance with Section 5.1. The use of employees in the conduct of the home occupation, as well as customer and delivery traffic, will result in a higher volume of traffic than normally anticipated from a residential property. Staff has noted previously in this report that no traffic figures are available. This use is not consistent with Section 5.2.2 as written. o and with the public health, safety and general welfare. This section of Route 662 is listed as tolerable and carries 76 vehicle trips per day according to a 1991 traffic count. The Department of Transportation has recommended improvements to the entrance (Attachment H). Should this permit be approved, staff supports these recommendations due to increased traffic volume and the potential use of the entrance by delivery vans/trucks. This property is located adjacent to the South Fork Rivanna Reservoir. The location of the proposed structure is noted in Attachment H. This location is approximately 320 feet from the reservoir. The applicant uses only water based materials in the building of the furniture. Therefore, potential water pollution caused by petroleum based products is eliminated. If approved, staff recommends compliance with the performance standards of Section 4.14 which includes the submittal of a certified engineers report. This report will include methods for spill containment, if necessary, as well as ensuring sound limits are not exceeded. Grading and construction activities for this use will be subject to the Runoff Control Ordinance. 4 With improvements to the entrance, the submittal of a certified engineer's report and compliance with the Runoff Control Ordinance, it is the opinion of staff that this request would not be contrary to the public health, safety and general welfare. Additional Comment: Staff notes that home occupations as permitted in the Rural Area were originally intended to be for supplemental occupation, as opposed to the primary occupation of the individual living on-site. Staff has reviewed planning literature regarding home occupations and notes that Albemarle County is among the most liberal in defining home occupations by permitting virtually any use under home occupations. The regulations governing home occupations tend to also be among the most liberal regarding: square footage; number of employees and the use of accessory structures. Recent request for home occupations have involved the use of new structures to house the occupation as opposed to the adaptive use of existing structures. (The most recent request was SP-91-68 James Johnson, located in Oak Hill, which involved the construction of a 1,980 square foot structure. The Planning Commission recommended denial of that request. The applicant withdrew the request prior to Board of Supervisors review.) Summary Staff has identified the following factors which are unfavorable to this request: 1. The size of the home occupation exceeds the limits specified in Section 5.2.2 of the Zoning Ordinance; 2. This use is inconsistent with the Comprehensive Plan; 3. This use is inconsistent with the purpose and intent of the Zoning Ordinance; 4. This use is inconsistent with other uses permitted in the Rural Areas; 5. Approval of this request would permit additional activity adjacent to the reservoir. Staff has identified the following factor which is favorable to this request: 1. Due to the limited number of adjacent dwellings, this use will not be a substantial detriment to adjacent property. 5 Staff notes that requests for activities similar to that proposed by the applicant have averaged 738 square feet. This request proposes a new structure of approximately 3,500 square feet of which 2,250 square feet will be used for the conduct of the home occupation. Staff notes that if approved, it may be difficult to deny other requests that do not comply with the provisions of Section 5.2.2. Staff opinion is that the unfavorable factors outweigh the favorable factors and that this request is inconsistent with Section 31.2.4.1 of the Zoning Ordinance therefore, staff recommends denial of SP-92-06. Should the Planning Commission choose to approve this request, staff offers the following recommended conditions of approval: RECOMMENDED CONDITIONS OF APPROVAL: 1. Not more than two employees who are not family members who reside on-site; 2. Compliance with the performance standards of Section 4.1.4 of the Zoning Ordinance; 3. New structure to house the home occupation shall be located as shown on plat initialled WDF and dated 3/19/92; 4. Construction of a commercial entrance to the standards stated in the February 25, 1992 Virginia Department of Transportation comments. ATI'ACHMENTS: A - Location Map B - Tax Map C - Description of Request D - Petition in Support of Request E - Letter in opposition to Request F - Section 1.5.1.6 of the Zoning Ordinance G - Section 5.2.2 of the Zoning Ordinance H - VDOT Comment I - Plat showing location of new structure 6 f1 ~ .v IATTACHMENT A ~ r f"--r./ ~ ~ /"... ~-- J :nu ~ > ~~ f6241'~ =-w Q 629 c FLAT MTN o (j .,. ~ I I -. I _ ~_ i '<> I I I I I I . I . . . I I I --c--- t I f<.'- ,<,,'l-'" C-,,_M1" fT ----... l'" ~ ATTACHMENT 8 1:;:., I~~' I ~ 4 ./' '.~ ( 1 .~ \ PROPERTY OWNERS SIGNING PETITION IN SUPPORT OF REQUEST LOCATION OF REQUEST :3 45 27C (jj~ {. 21 . . ~ I ATTACHMENT Cl ., MARCH 1 1992 BLAISE GASTON ROUTE 1 BOX 221 EARLYSVILLE, VIRGINIA 22936 973-1289 EVENINGS AND WEEKENDS 293-7357 DAYS I HAVE INCLOSED FOR YOUR INFORMATION A PETITION SIGNED BY ALL OF MY ADJACENT LAND OWNERS AND SEVERAL OTHERS ON ROUTE 662. I HAVE TALKED AT LENGTH WITH ALL OF THEM ABOUT MY PLANS FOR A SHOP TO BUILD FURNITURE AND THEY ALL SUPPORT MY REQUEST. I ALSO ENCLOSE SEVERAL DRAWINGS OF THE PROPOSED BUILDING WITH USES FOR EACH LEVEL INDICATED. THE SHOP IT SELF WILL BE ON THE SECOND FLOOR AND WOULD BE 1500 SF. THE FIRST FLOOR WOULD CONTAIN,750SF OF STORAGE SPACE FOR LUMBER AND MECHANICAL EQUIPMENT AND 750SF FOR THE STORAGE OF OUR PERSONAL EFFECTS SUCH AS TRACTOR , LAWN MOWERS, AND GARDEN TOOLS . WE HAVE NO ATTIC IN OUR HOUSE AND NEED SPACE TO STORE ALL THE SORTS OF THINGS THAT GO IN AN ATTIC. THE THIRD FLOOR WILL BE A PAINTING STUDIO FOR MY WIFE. THE BUILDING WILL BE BUILT INTO THE SIDE OF A HILL AND CAN BE SEEN ONLY BY ONE NEIGHBOR IN THE WINTER AND NONE IN THE SUMMER. IT WILL BE VERY SIMILAR TO OUR HOUSE IN DESIGN ,SIZE, AND EXTERIOR DETAILING. I WOULD LIKE TO TA~~ TO ANYONE WITH ANY QUESTIONS OR CONCERNS AND I COULD MEET w~rH YOU AT THE SITE AT ANY TIME. PLEASE CALL ME WITH ANY QUES~+ONS. SINCERELY, ~ /l..p, ~ BLAISE -GASTcm I ATTACHMENT cllpage 21- .. ., - I ATTACHMENT CUpage t ~ " , ! ..... : I " -vJ -..: i.... c:::. I - . I , I }.J ::J ~ I I " I - 'e::::. ic::::. j) I , I i VJ I I a !~ ..... I~ ;") I !:;r I i M ; I ! ...3'- :\0 i ~ I i i I I ~ I I ~ I i~ - t-- I I~ I - I Ci I I , - i I :l::) ! I , "" I '- - I I !'-/') - i <:; 1 Ie ~ I ~ I ''''^' ~ - ) -;.. , 11 I .....1 I I ... I ~ s:> s::. ~ ~ S> ., ~ a Q '-l\ n ~ - s -+- ~' It ~ CJ~ c::::. <:) '"'" () '. ..,., .J- .., ~ }...J "- cJ::) c c " C> , 1J .3- "" ~ , ' I ATTACHMENT C IIPage 41- _..' ., .. " " vol N "- '- -- ~< C-----> / 1r!' ~<"--~ P-e..~ (804) 295c6736 2lll MICHIE DRIVE #77 CHARLOITESVILLE, VIRGI~IA 22901-2872 lbemarle County Board of Supervisors lbemarle County Office Building 4 1 McIntire Road harlottesville, VA 22901 ear Mem bers of the Board, I am writing to indicate my full support for Blaise Gaston's application. y wife and I own an adjoining property, parcel 15E. My professional t aining is as an architect and landscape architect. I have known Blaise :fi r approximately seven years and have worked with him extensively i the past in the design and siting of his current house. Through this process, I have come to highly respect Blaise's sensitivity to the e vironment. We spent a great deal of time revising the design of the h use and shifting the siting to yield the least amount of environmental i pact. I have full confidence that Blaise will carry this concern and s nsitivity into the siting, construction and administration of his p oposed woodworking shop. oncerning the visual impact of this structure from our property, the s te he has chosen is buffered by a mature evergreen stand of hemlock a d cedar and therefore is screened from our view. April 15, 1992 /J: "~7' .,A,' ~rl. " ~0~ April 13, 1992 ECE~' !~_..... R -:~"....,-..: ':\ ......... '<I ',......... APR 14 1992 PlANNING DEPT. r. Bill Fritz epartment of Planning and Urban Development 01 McIntire Road harlottesville, Virginia 22902 ear Mr. Fritz: As residents of Earlysville, Albemarle County, Virginia it has come to our attention t at Mr. Blaise Gaston is requesting approval from Albemarle County authorities to onstruct a woodworking studio adjacent to his home, also in Earlysville. Please be advised that we would support his ability to do so, based on our knowledge f his work as being artistic, one-of-a-kind pieces of art verses production oriented, mass- roduced items for sale to the general public. As patrons of this fine local artist for the past fourteen years, we also know him to e environmentally conscious, and feel certain that any efforts Mr. Gaston makes toward is pursuit of excellence will be an asset to the community rather than a detriment. . . I ATTACHMENT D 1 .. FEBRUARY 25, 1 992 WE, THE UNDERS I GNED NE I GHBORS OF BLA I SE GASTON HA VE TALKED WITH HIM ABOUT HI? REQUEST FOR A SPEC I AL USE PERM IT TO BU I LD A SHOP TO MAKE CUSTOM FURNITURE ON HIS PROPERTY AND WE T HIS REQUEST, -, 'I ()1AYt1J-P '3~ p~ ~ --' t'~ (;r~~R." ~- C /' t4-J' ?, -~; . r, e -J /J ~. ~ Uean w. Crar'1' ';.J j ~ aJ:L 7V~ ~-~,; 10 ~/! ~~ G----{(v/~./V Go~i) 7lud-~ 'I u7~ ~,!,~~ v ;lt~., l&-~C~ -- 'i1 ~--~' /1-!/ /;1J' Ct - ~;VK- -:"' Ii ";~ ., .. W, G. Schenk III, M.D, 1800 Tinkers Cove Road Charlottesville, Virginia 22901 (804) 973-7809 I ATTACHMENT E I .. pr ... A ....lfl ~"'~ Rt: CI)-~ 1 ':, i ;'., ';.,." ~ t.:-......., ,."If' MAR 1 8 1992 fI~NI\llNG O:;:PT. March 16, 1992 Cc unty of Albemarle PI ~nning and Community Development Cc unty Office Building 401 Mcintire Road Ct arlottesville, VA 22901 Re: Application for Special Use Permit SP-92-06 Blaise Gaston At ention: Mr. William Fritz DE ar Sir: The Gastons are applying for a special use permit to construct a woodworking shop for the m nufacture of custom furniture adjacent to their residence, They have circulated a petition among their ne ghbors to the effect that they have discussed the project with us. We are the owners of the property dir~ctly across the Rivanna River (City of Charlottesville reservoir) from the Gaston property, We did not fel I that a simple signature adequately expressed our feelings regarding the project and therefore ask that this letter be included with the deliberations. Blaise Gaston's reputation as a quality craftsman and artist is well known. I would expect anything thi t he built to be well-designed and well-constructed, Their own home blends well with the existing enwironment and has protected most of the surrounding foliage and mature trees, However, we have several concerns which go beyond this which we would like the Planning Commission to consider in its de iberations: 1, Personal impact. We don't really have any vested interest in actively encouraging commercial activity in this area. We are just nearing completion of the construction of our home on this exceptionally attractive totally rural property, The Gaston home across the river from us is indeed the only evidence of human habitation visible to us most of the year. We obtained this property specifically for the pastoral beauty, privacy, and solitude which it affords. Since we are just now in the final planning stages of moving to this new home, naturally we are somewhat lukewarm about promoting a commercial venture in this area, an area which is completely dominated by unspoiled forest, natural beauty of the river and hills, and a few large well-kept farms, 2, Appearance, The description of the proposed structure doesn't sound much like a "residential" building. The quite large cinderblock structure sounds a bit like a warehouse. Certainly a modest number of mature trees would have to be removed for the construction of this building and adjacent parking area. Even if the new proposed structure is "behind" the Gastons' home from our perspective, it can't be completely hidden from view: Our property wraps almost 1800 around G large curve in the river. The area "behind" the Gastons' home remains visible from one side or the other of our property, Additionally, it is more likely that the other buildings currently along Route 662 but invisible to us because of the mature forested area would be revealed by the clearing necessary for this project. We are concerned that the appearance of this nonresidential manufacturing establishment would not be harmonious with the existing appearance of this unique part of Albemarle County. ... --~'"'--"-.... .....,., - ....- --. ~- I ATTACHMENT E 11 Page 2' - ., C untyof Albemarle M rch 16, 1992 -2 3. Noise, Most powered woodworking equipment makes a fair amount of noise, as does the associated dust-trapping vacuum equipment. Low-level sounds such as normal conversation carry remarkably well across the valley to our side of the river; I doubt that it would be possible to guarantee that there would be no audible sounds from the shop, Any consistent presence of artificial sounds generated by machinery would impact upon the quality of life in this unique setting. Again, since our property extends so far around either side of the Gaston home, I do not believe that the proposed structure could be sited so that it could be completely shielded from us. Establishing a commercial venture here would also undoubtedly increase traffic in and out of the drive, in addition to associated outdoor activity such as loading and unloading of trucks, 4, Lona-ranee environmental olannina, All new projects and developments within the county have to be consistent with a Rural Preservation Plan. Indeed, our own property has upon it permanent restrictions and covenants which effectively prevent any future development of the land. Except for "agriculture, not for profit," we really can't do much with our 40 acres except enjoy its idyllic beauty and rural solitude, which is fine because that's exactly what we want. Our property was specifically designated as a "rural preservation tract" when the area on this side of the river was subdivided, to act as a buffer between other residential construction and the undeveloped area along the Rivanna River. Is it entirely consistent with the County's "Rural Preservation Plan" to construct adjacent to the river a three-story 3500 sq ft non-residential manufacturing establishment? Present and future residents on the opposite side of the river certainly benefit from the restrictions placed on our land use, We feel that we have a right to expect similar protection, 5, Environmental imoact. Woodworking and furniture manufacturing generally involve the use of a number of potentially toxic substances, and this proposed project is of course immediately adjacent to the water supply for the City of Charlottesville, Can we be sure that solvents, petro chemicals, hydrocarbons, and other potential pollutants won't find their way into the water table? We respectfully request that these concerns be contemplated during the application process for thi exception to the County's zoning regulations, the regulations which protect the quality and nature of our environment for the benefit of all residents of Albemarle County, We believe the Commission would co clude, as we do, that the proposal is not in the County's best interest, It is certainly not in our own persona! interest. Our opportunity to reside in this idyllic pastoral setting is the realization of a life-long dr am, one which we felt would be perpetuated by the County's thoughtful ongoing efforts to protect this unique environment. sincere~3 /AJ~ ~ W. G, Schenk III, t\~.D, c- . ( /,' ! I ',' ," _.__'''''' .... lo,," .. Christine Schenk 1.5 RELATION TO ENVIRONMENT .. IATTACHMEN,T,FI , ' .. This ordinance is designed to treat lands which are similar- ly situated and environmentally similar in like manner with reasonable consideration for the existing use and character of properties, the Comprehensive Plan, the suitability of property for various uses, the tr~nds of growth or change, the current and future land and water requirements of the community for various purposes as determined bypopulat~on and economic studies and other studies, the transportat~on requirements of the community, and the requirements for. airports, housing, schools, parks, playgrounds, re~reat~on areas and other public services; for the conservat~on of natural resources; and preservation of flood plains, the preservation of agricultural and forestal land, the con- servation of properties and their values and the encourage- ment of the most appropriate use of land throughout the county. (Amended 11-1-89) .6 RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reason- able consideration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implementation of the Comprehensive Plan. To this end: development is to be encouraged in Villages, Communities and the Urban Area; where services and utilities are available and-where such development will not conflict with the-- ----- agricultural/forestal or other rural 'objectives; and develop- ment is not to be encouraged in the Rural Areas which are ' to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, and conser- vation of natural, scenic and historic resources and where only limited delivery of public services is intended. (Amended 11-1-89) 5.2.2 5.2.2 c: ? ~, -, _ . _ . c: . L ) ':; . '_ . _I REGULATIONS GOVERNING EOME OCCUPATIONS ATTACHMENT G The following regulations shall apply to an~me ... occupation: a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, prcvided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used ~n the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B. b. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation. c. There shall be no sales on the premises, other than items handcrafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair barber shops. d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. All home occupations shall comply with performance standards set forth in section 4.14. e. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. Prior to issuance of clearance for any home occupation, the zoning administrator shall require the applicant to sign an affidavit stating his clear understandillg of and intent to abide by the foregoing regulations. f. CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of section 5.6.1 of this ordinance shall apply hereto, mutatis mutandis. ... IATTACHMENT HI .. Page 2 February 25, 1992 Mr. Ron ld S. Keeler Special Use Permits & Rezonings should >e a commercial entrance with adequate sight distance and the Department recomme~ds that the existing access be upgraded or a new entrance be constructed. There i a location on Route 737 where an adequate commercial entrance can be built. Other cpmments concerning the previous special use permit for the church still apply. 4. SP-~2-05 James & Sue Willis. Route 738 - This request is to amend SP-90-115 to increas~ the number of students from 30 to 40. Route 738 is currently non-tolerable and thi~ request would result in an increase of 50 additional VPD. The recent entranc~ improvements constructed will be satisfactory for this request also. 5. SP-~2-06 Blaise Gaston, Route 662 - This section of Route 662 was improved several years ago and is currently tolerable~ The existing private driveway has adequat~ sight distance. The Department recommends that the access be upgraded to commerc~al standards which would include widening and hard surfacing in conjunction with th~s request. There would be some increase in traffic from this request, and the amount will depend on whether or not customers use the site. 6. SP-92-07 Farmin~ton Country Club, Route 601 - This section of Route 601 is currently non-tolerable. The existing entrance on Route 601 that serves this development does not meet current commercial entrance standards. This request is to upgrade the current facilities at the Country Club and it is not proposed to result in incr~ased membership. Therefore, there should be no direct increase in traffic generation from this request. However, the existing entrance on Route 601 is "Y" shaped ~nd the Department recommends that it be reconstructed to a standard "T" commercial intersection. A minimum of 300' of sight distance is required for an entrance on Route 601 and currently this exists for only one direction at one of the entrances. The other sight distance measurements are between 200' and 290'. To obtain adequate sight distance for an entrance at this location, the bank across the road would need to be graded and a sight easement platted. Whether or not any turn lanes ~ould be beneficial at this location is difficult to determine at this time. .... .' I I ....... ."'..... ,J"::; G j i. r^GEQ 2 I 0 IATTACHMENT II . . .~ N". . "\/1/ "" ,1'06"W r _..zo,'o - -. . i7 '-."_Oll',...rc s..-c v~, '1.000Y , ~ I;: - ~'\~ ~.q, "..."" ...oa .... :rJ ~ '...1 :~ .... ~W't .I / ! -,..-~ ~.-.'. 5.87 AC' . PROPOSED STRUCTURE ......cr.. .,0 ,..,so \ . ... - z 8,64 Ac, "" \ -'- \ ", _-~-'-- 1 "..,CI. ~,- 10 ... ., .. ~ ~his plll is esClllpl ~r(lll'l tile provisions of th~ ~1l'di'lisiOfl retlll.tiOfllo in ,..uter 11-2. '" ~t~ \~ I' I \ PLAT SHOWING SURVeY OF 16,75 ACReS A ReD/V/SION OF PARCeLS /58. /58(1) Q 15C T,M,30 NeAR RAYS FORD 8RIDGe ALBeMARLe COUNTY, VIRGINIA "A ,...tJ . l' ..:,.~~ 0':, o,..~.c.;; 1" i.. '" G~':'",' ..., " " tJCf! 3/1'1 q? " - >- "E floll WILLIAM S, ROUDABUSH, INC, .4 '",'couioao' e...p.,..tioll r r-r.TIF/r,O I MIO 5IIr.VErnRS , ~~".,~,~ 'it ". oot" .-# Blaise Gaston Rt. 1 Box 221 Earlysville, Va. 22936 April 7,1992 Bill Fritz 401 Mcintire Road Charlottesville, Va. 22901 RE: SP-92-06 Blaise Gaston Dear Mr. Fritz: I am writing this letter to update you on developments that have occurred since the planning commission meeting on March 31. I had a long talk with Sandy Schenk on April third. He said that after listening to the planning members talk about the sound and visual concerns that he had, he was satisfied that they had been adequately addressed and they would no longer be an issue. He said he would not speak in opposition at the Board meeting on April 1 5. I have located a company named M and M Chemical Co. Route 3, box 285-b Attalla, Alabama 35954, that hauls and destroys hazardous substances. They have sent me information about their company which I am including a copy of with this letter. Basically the way the process would wo~k is that I would have a barrel over which all clean up of finishing materials would be done, There would also be a barrel in which all rags with finishing residue would be stored. When the barrels are full they would be hauled to Alabama and disposed of. I would receive a certificate from the company after disposal. I estimate that I would produce between 2 and 5 gallons of finishing material a year to be disposed of. By using this method of disposal all possible contamination of the environment is eliminated. I also have talked to the manufacturer of the finishes that I will be using and they have sent me information on their finishes. Hydrocote is described as non-toxic, virtually odor free, environmentally safe, complying with present and future air quality standards in every state. It is not acceptable to dispose of it in a septic system which is why I have gotten the information on disposal from M and M Chemical Co. As you know I have spoken to Gary Rice of the Health Department and he has said that he would treat the new building as an extra bedroom and would require one or two more lines to be added to the septic field. I would have no problem with doing this but Gary is too busy to come check out the site until late April so we cannot get a definite yes from him until after April 15. I understand form you that you will write an additional requirement to the recommended conditions of approval which would require health department approval. I am in full support of this condition. The issue of size is the one which I have trouble with. A custom furniture making shop is different than many other businesses in that the end products are not very large but the boards that they are made with start out in most instances 16 feet long, and as a result most machines needs at least 1 6 feet on each side of them to feed the boards through. In order to work safely there need to be fairly large spaces between each machine. I have spent many hours moving cardboard models of machinery around a scale floor plan of the shop trying to make it smaller. To make it smaller would seriously compromise safety and effiCiency. I have made the lower level to house the dust collection system and the air compressor. These machines are normally placed outside of a shop but I have moved them inside to prevent the noise from travelling. I hope that a way can be found to allow me to have the shop at the size I have requested. If you have any questions or suggestions please call me at 293-7357 days or 973-1289 evenings ~inc rely, .~ ise Gaston 8 April 1992 proposed structure to house the home occupation is consistent with permitted in the Rural Areas and will not impact neighboring uses ersely. It will be similar in size to the applicant's residence but will ear smaller because it is built into the hillside. The new structure will e the place of a second house which the applicant has the right to build on acreage. It will not be visible from the road. The petition is supported adjoining property owners, including the one property owner who who will e a view of the proposed structure. Another property owner supports the lication but has expressed a concern about the visibility of the structure m his house across the reservoir. From that location the proposed building wi 1 be located behind the applicant's residence. The applicant has a strong in entive to make the new structure attractive because it will be seen from hi own kitchen window. Noise will be contained within the proposed bUilding. Members of the Albemarle Countx Board of Supervisors Virginia Wayne Harbaugh, AICP ~~~ SP-92-06 Blaise Gaston someone who has helped neighboring counties prepare and implement zoning inances, I am aware of the important role played by Boards of Supervisors considering special use permits in rural areas. There are several po"ints in favor of Blaise Gaston's petition which may already have occured to you but wh'ch I would like to emphasize in support of his petition. ST, I note that the applicant is an artist-craftsman designing and produc- custom furniture. The appropriate environment for a small, custom furni- e workshop which he is proposing is one of seclusion, privacy and location venient to his residence. Unlike the normal furniture manufacturing estab- hment, such craft uses are not appropriate in an industrial district. Nor s the more suburban atmosphere of a designated growth zone provide a sup- tive environment for artists who flourish in a more rural setting. SE OND, the application has several particular characteristics that enhance compatibility with the Rural Areas zone in which it is proposed. Although floor area of the proposed home occupation exceeds by 750 sq. ft. the imum specified in the ordinance, the proposed structure is designed to fit o the terrain and the "excess" sq. ft. area of occupational use will be rage area built into the hillside. Furthermore, part of this storage area 1 be used to store and season green wood, purchased locally. This utiliza- n of forest products is consistent with the intent of the ordinance. Wi h a maximum of two employees, traffic generated by the new use would be cl se to what would be generated by a family in a second house on the a plicant's acreage which is allowed by right. VDOT has found no problems wi h sightlines at the entrance to the property and has recently paved the d, including the area entering the applicant's property. RTH, any special environmental concerns can be easily addressed through co ditions of approval. The applicant has investigated arrangements to col- le t and dispose off site, any waste that should require such special treat- me t. Again, since he and his family will be living there, they have the st ongest of incentives to protect the environment. TH, the part of the storage area and the 1500 sq. ft. of first floor work ce proposed to be used for the applicant's home occupation could be used by uture occupant of the residence for less intensive uses such as a garage family cars and space for family hobbies. Thus, approval of Mr. Gaston's lication for a home occupation permit does not mean that future use of the perty is limited to such use. F.onert ~la,nDerveer Rt 6 E-ox li)4 Charlottesville, 'la., 22Cl01 April f.. 1 qq2 Bill Fritz Dept. I:)f Planning 40 1 ~,...Ic:Intire Road Charlottesville, Va, 22ClOl RE S:P-92-06 Blaise Gaston Dea,r I.....Ir. Fritz: I V.Ta,s recI1J,e~;ted tN IvIr. Gaston t..:) oNain sounei level re:::v:line's and ~ I v identifv l)(:ltential noise interference in tlE' neiQ'11borhc.(:.d of t1le i r u P['-"Pl("-'~(i :=;1-1"',n I -=<rr1 ";. ll'('~t-1'-'~(i r-l-('.1-~c".'l"("l-1';'l ~1-'cil'l-1~~t- "-'1l1-.-~t-1tlT1 ! ~.1 ~!":, '-' '- '. ~" 1-' , '.J. '-' "~'~ ,:, '-' ~ 1.1 '-' '.' ,_..:, '_' v, ','.Lo '_' '_' ... _, 1 ',' _") I)racticinQ' in tlle ~;t3.te of ViE!'1nia" 1.....Iv disciT)1ines include mechanical 1..1' ,_" '_I I l- and electrical enQ"ineerinQ', I have nreli,:)us1v been resnonsible f()r c. '_' I-" I- 1:' audio equipment development vlitl1 tl1e firm of Auclic,-Ovenaire- f~ - - - t" t' - - -- - 'IT 't- f.'l' ~ -1' tt - - nill ' ,_,;:1.! pen )::>t ot tIle! l 0 "J 1.:1.1 () _' e::: ','.Ll e, Sound measurement.s v....ere taken inside and outside t.he building k.(:ated (:on Harris Street (>(:(:ul)ied bv Gaston and '.l.lV;3.tt. This V>las done 1-, , ti~. '.1'-' t ,-, t-!....11'1-1~ 1-1("1' ,-,~ 1'::'.>;1 ~l"" ";. :=;.-'.'~"'-'1' ,-,t~(l ,,',11' tl'l +t'l'" ("p.~t-';1 t1" "~'rl '-)1- ..... I... t:' ..t:'.1 '." ,,,",;,,," 0;;;;,;- I ',," .=, O.-_'~ .... .... '=.l" "..... ".. t t.. W ~'..I' .... \....." "_" '_0 v.,oodv.,orl:.in~' equi[.)ment in tlle building', !vIeasurernents v.{ere tal{.en . J II - - adjacent to larger equipment and v,lith a l1iglier noise level tilan that nl-"-"pr C-~(i t '-'I l-'I~ 1 'ltill' 7~lj l't-l t, -11- I~ ,-, c-t,.-, t-1C' c'hl~ n 1-.1"'1" .:." 1'-' T1 ~l:=; ." f q ~ ,'11-" ,.\ T~I- ~ 1.' ..... J....I..... J..o ..... ~~..L ....... 1'1. __To.._. ....) ...." __" ')1" 0 '~o)....t::" t::' ~ ... __..) .. 1 .. _. 1'1 v ... i 1 l' t t tl 1 ' T' t t' j tl 1 "II' , +..-..-...) o. ..... . .- .-(.'A - '.i .A .-..-.... ... .TT A W .w.~ r. 1-..... w w. { ,_(._ _.. i t:;'~~',~[l '::;"" ,:.1.\_)d.,_--_,11 ~ )'.' L .LIkt'-," ll!ld ',', ,_,111,::;"" _' ,Al,-:.l', t:;' _ 1e )U1 "1n,,, .:1,11]..1 ~ v ~ pr [' -;o;rn- t ~l~T tT T' t- tv 1- - 't 1-1-' t-. ti' - "11'11'r 1-- - t' t - 1-- - - -11t-' t-- -.- t -1- .- ,-. d )1) 1.).1:...1..L, a J:;: / ,,'i','~ 1,.,.. e~ J () H le !::.'(l L, I) Hi;;? l,,::t Ile::.t::; _ i;;? Heu_, () )0 db '/-la::; recorded, A comparative observation v.l'a.s made v-litll normal vc.ke sound levels and a birds sonQ' in an adl'acent tree and the sound 1_1 . level V.lEtS elevated to 62 db, This confirm:; or dinar v con'lersation , TNOlJ.1d (ontribut.e t.o a higher noise level at tilis location than tile machinery in operation. P;=tq~ Tv.l(} -0. . The building v-lall on the Harris Street site is 12" b10(:k v>litll no attenuating finisll, Tlle ~..\la.11 ())nstruction of 1'.,'-Ir, (lftstons is proposed t.o lie 12" cement. 1)1c,ck vlitll ;3, 2" styrofo;3.!n type Dryvit fini:311 v.lllicll ~Nill consi(lerably redll(e sc,u.!1(l t.ransmi:~;::;ion, Tllis 'i.,7()uld insure ;::1. q.uieting tlB.t TNOu.1d re!Kler tlle macllinerv itEtudH)1e at. 200 feet. , I a1::;0 live adiacent t.o the reserv()ir as (loes Iv1r. Ga::t(;.tl an(1 ::;ee no - -1TTfO>!--fO> fO>!-!-fO>-t -1- tl1e !-fO>- -t-TT-l'l' (t- tl-lfO> -1'1-1--"11- -il'l' -, -1-TT1'l-'l'l-- -l-t I eH, .,'~, :::iv v vC, 01 ,~'::;~ .,'r) ,) 'v ::;_, Oc. l\, Ie. ~ 1-.- () 1!l~ 1 '. expect Ivlr, Gast.ons ad.ivity to have a very complirnentary irnpact. in tl-;::. -nl--t--1H-l'tTT -1- '1 ~tl--1- -.1n l1t--' , tll-t tll1'- 11- - t- - -f.rt-~TT--1 ,1,_, .:,: ,_.' Il Il _ul ,'.,' (.1, 1.... :;:> _' () 1l:! .,' _ l:! t:' " d _'.' ::' _,!;;t? i)t? d ) t) '...'.,' t?( , r v r 1_' ~ Robert H, 'lanDefveef,. P>E> ~/O-7-2... '9:-2, () all S ~, .2.?() COUNTY OF ALBEMARLq'." i ' ,,' '..' .) Dept. of Planning & Community Develorme/1!-. 401 McIntire Road i, Charlottesville. Virginia 22901-459p i t h-:: (804) 296-5823 i. I; i , , I t~ :) Cr March 25, 1992 Peter L. Sheeran, AlA 246 East High Street Charlottesville, VA 22901 RE: SP-92-07 Farmington Country Club Tax Map 60E2, Parcell (part) and 2 Dear MR. Sheeran: The Albemarle County Planning Commission, at its meeting on March 24, 1992, unanimously recommended approval of the above-noted request to the Board of Supervisors. Please note that this approval is subject to the following condition: 1. Use of the sports facility shall be for Farmington County Club members only. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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, ~~ /J,~ . ' / c: / ./}.., :: /. "~~ I 9 william D. Fritz Senior Planner WDF/jcw cc: ~tie Amelia E. Neher Patterson Farmington Country Club Jo Higgins STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 24, 1992 APRIL 15, 1992 SP-92-07 FARMINGTON COUNTRY CWB AND SDP-92-005 FARMINGTON INDOOR SPORTS FACILITY PRELIMINARY SITE PLAN Petition: Proposal to construct a 30,980 square foot sports club facility on a 28 acre parcel. Property, described as Tax Map 60E2, Parcell (part) and 2, is located in Farmington on the east side of Old Mill Road approximately 500 feet north of its intersection with Lake Road. Zoned RA, Rural Areas in the Samuel Miller Magisterial District. This site is not located in a designated growth area (Rural Area 3). Character of the Area: The site is currently developed with golf maintenance/storage facilities totaling approximately 8,850 square feet. The site is surrounded by a golf course to the north and west, a pond to the east, and a wooded slope is to the south. No dwellings are located in close proximity to the site. ADDlicant's ProDosal: The applicant is proposing to construct a 30,980 foot sports club facility. The indoor sports facility will contain three tennis courts, three squash courts, an aerobic exercise room, weight room, locker facilities, viewing area and administrative offices. SUMMARY AND RECOMMENDATIONS: staff has reviewed SP-92-07 for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends approval subject to conditions. Staff has reviewed the p~eliminary site plan for compliance with the Zoning Ordinance and recommends approval. Planninq and Zoninq Historv: None Available ComDrehensive Plan: This site is located in Rural Area 3 of the Comprehensive Plan. The plan does not encourage this type of use in the Rural Area. However, it is a pre-existing use and will not likely cause accelerated development of the Rural Area as the membership using the facility will not be increased. 1 STAFF COMMENT: staff has combined the reviews for the special use permit and the site plan for this project. However, staff comment will separately address the criteria for granting a special use permit and the site plan's compliance with the Zoning Ordinance. staff will address each provision of Section 31.2.4.1. . The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The adjacent property is used as a golf course. The current golf maintenance facility does not constitute a detriment to adjacent property and it is the opinion of staff that the expansion of uses on site to include indoor recreation will not result in a detriment to adjacent property. . that the character of the district will not be changed thereby The current maintenance/storage use will continue. Farmington already has recreational facilities and the golf course is located adjacent to the proposed facility. This use will not increase membership but is designed to better serve the needs of the existing members (Farmington Country Club's Membership is fixed by its by-laws). Therefore, it is staff's opinion that this facility will not change the character of the area as it exists. . and that such use will be in harmony with the purpose and intent of this ordinance, The stated intent of the Rural Areas does not encourage this type of use. Therefore, this use may be considered inconsistent with the intent of the ordinance. However, staff does note that this use has historically been used for a use not consistent with the intent of the Rural Areas. . with the uses permitted by right in the district, This property and adjacent property is zoned RA. While a sports facility with maintenance/storage is not consistent with the stated intent of the RA district this use will not conflict with uses permitted by right in the RA district. This opinion is based on the current land use of this and adjacent property which is non-agricultural, non-forestal. It is unlikely that the current golf course use would be abandoned. 2 . with additional regulations provided in Section 5.0 of this ordinance, and with the public health, safety and general welfare. Section 5.1.16 governs swimming, golf, tennis clubs. However, those regulations are intended to address negative impacts of open air facilities. The proposed use is an indoor facility and, therefore, it is the opinion of staff that this request is in compliance with Section 5.1.16. Issues of public health, safety, and general welfare will be addressed adequately by the site plan. As part of the safety improvements to the site the private access road will be widened to better accommodate the traffic to and from the site. It is the opinion of the staff that the other roads in Farmington will be adequate to serve this use as no increase in total traffic volumes within Farmington is anticipated. The Department of Transportation has recommended improvements to Farmington's Route 601 entrance (Attachment C). As stated, staff opinion is that this request will not increase traffic volumes. In addition, the property that would require grading in order to improve sight distance is not under the control of the applicant. Staff does not support VDOT recommendations as this use is intended to serve the existing club members only and will not result in significant increased traffic volumes. other issues of health, safety and welfare pertinent to this proposal are addressed under the preliminary site plan comments below. Summary of SP-92-07 The proposed activity represents an intensification of land use. The area and surrounding areas are currently used for golf maintenance/storage as well as a golf course. This request for an indoor sports facility does not represent a new use in Farmington nor is the new construction intended to increase membership. Issues of utilities and critical slopes are adequately addressed below. It is the opinion of staff that this use will not change the character of the area due to existing uses in the area. Preliminary Site Plan Comments In the review of the site plan, staff has identified the following issues which must be addressed: 1. provision of public utilities to the site; 2. Modification of Section 4.2.3.2 to allow activity on critical slopes. 3 provision of Public utilities to the site This site is within the Albemarle County Service Authority Jurisdictional Area for water only. The applicant proposes connection to public sewer for the new construction. There is an existing sanitary sewer line adjacent to the location of the new construction. other club facilities in Farmington are served by public sewer. The Albemarle County Service Authority has stated that the downstream sewer lines have adequate capacity to accommodate this use. Staff opinion is that due to the available capacity in the sewer line and that no extension of line is needed that connection to public sewer is appropriate as it represents increased utilization as opposed to a new connection. Modification to Permit Activitv on Critical Slopes Section 4.2.3.2 of the Zoning Ordinance states: "No structure nor earth disturbing activity to establish such structure or improvement shall be located on slopes or twenty-five (25) percent or greater except as otherwise permitted under Section 4.3.1." The applicant has submitted a detailed justification to permit activity on critical slopes (Attachment D). This justification notes that a large portion of the area of critical slopes is man-made and consists of uncontrolled fill which is susceptible to erosion. The Engineering Department has reviewed the applicant's justification and recommends approval (Attachment E). Planning staff also supports the request. This use does involve grading in the Reservoir Watershed. A pond used for irrigation is located adjacent and downstream from this site. The Engineering Department has stated in Attachment E that this pond will provide for effective runoff control. (The Erosion Control Plan will specify any additional requirements that must be met). Staff recommends the Commission waive Section 4.2.3.2 as the strict application of the requirements of Section 4.2 would not forward the purposes of this ordinance or otherwise serve the public interest. Staff opinion is that alternatives proposed by the developer would satisfy the purposes of Section 4.2 to at least an equivalent degree (Section 4.2.5a). 4 Recommendations for SP-92-07 and Farminaton Preliminary site Plan This request is to better serve the existing members of Farmington Country Club. As such this use does not represent the introduction of a commercial activity into the Rural Areas nor does it represent significant intensification of an existing use. The applicant has prepared a site plan which is consistent with the Zoning Ordinance and submitted detailed modification request which are supported by staff. Based on the above comments staff recommends approval of both the special use permit and preliminary site plan subject to conditions: RECOMMENDED CONDITIONS OF APPROVAL FOR SP-92-07: 1. Use of the sports facility shall be for Farmington Country Club members only. RECOMMENDED CONDITIONS OF APPROVAL FOR FARMINGTON INDOOR SPORTS FACILITY PRELIMINARY SITE PLAN 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 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 issuance of a runoff control permit; e. staff approval of final landscape plan; f. staff approval of plat combining parcels 1 and 2. g. Staff approval of maintenance agreement for the existing pond. 2. Administrative approval of the final site plan. 3. A Certificate of Occupancy shall not be issued until the following condition is met: a. Fire Official final approval. 5 ATTACHMENTS: A - Location Map B Tax Map C VDOT Comments D Applicants Waiver ReqUest E Department of Engineering Comments F site Plan 6 ..- c. IATTACHMENT AI ... ,..,\ '5. \ ;' , ) ... FOX MOUNTAIN , Mounl1..r" _.,:y\~~':':_:::,'f r=~~ .t ~ / .... ~ r'~ ~-, ~ . . ~ ~ ~, , '0..',1 r--. ~ ~ C1 .....-:...~:.....::.- ----.... " ., L ~- ;TRICT '. ,. ',..Fe f. I'.' --I',' :' ;;~ .J~ ''''-''' SECTION , \ ~ .' , .' " i' , :'i ~ 60E(I) ~ SP-92-07 r--...... .':", "- Farminqton (--.;\ Country Club , ~':"2,:~:-::'~:,,~,~'~ l/ 01)" .,:;; .!I'R' ~.;..J~.I .;---@,:r ;;' r./ ;/! .1 ,-?rFi" ~~- r.. ~,. v.~' ;;;1,:/1-' .r':1' fl ::. ~. .: t @ .r '\ ''L ';, ,. J ,:I(:,~c" ~ . i2 ~_ :~~i-' /' /~. / r /" / / j Il / \ ~. ~ ",- ~. @ .- ,~. , i ~ ,:'" t. " f; .~ @) 1(;.: :1 ",', .;; .'::1 ~~? I~ ,.", 'i~~,,: - ~~.. ~ '"1~? \"-"\- '\c G> ->,,\ ~. t.;.: .~}. -;)) "~~~j~,. ~;; . ....~ :. {': ICAU IN PD:1 - - -- IATTACHMENT BI . . .. .......~,.. ", ..........'...~~.'r..... .. I I ;@ . ,I . I I I T I ,. I I ! /0 I ! ~'- ~ :!ff:;"";':'s'~';' .~~~ ",/,:~;:,-".,:'l' <r...ti-' \~~.. - ~ SAMUEL MILLER DISTRICT FARMINGTON INSERT I ATTACHMENT C I Page 2 February 25, 1992 Mr. Ron Id S. Keeler Special Use Permits & Rezonings should be a commercial entrance with adequa'e sight distance and the Department recomme~ds that the existing access be upgraded or a new entrance be constructed. There i a location on Route 737 where an adequate commercial entrance can be built. Other cpmments concerning the previous special use permit for the church still apply. 4. SP-~2-05 James & Sue ~illis, Route 738 - This request is to amend SP-90-115 to increas~ the number of students from 30 to 40. Route 738 is currently non-tolerable and thi~ request would result in an increase of 50 additional VPD. The recent entranc~ improvements constructed will be satisfactory for this request also. 5. SP-~2-06 Blaise Gaston, Route 662 - This section of Route 662 was improved several years ago and is currently tolerable. The existing private driveway has adequat~ sight distance. The Department recommends that the access be upgraded to commerc al standards which would include widening and hard surfacihg in conjunction with th s request. There would be some increase in traffic from this request, and the amo~nt will depend on whether or not customers use the site. 6. SP-~2-07 Farmington Country Club, Route 601 - This section of Route 601 is current y non-tolerable. The existing entrance on Route 601 that serves this develop~ent does not meet current commercial entrance standards. This request is to upgrade the current facilities at the Country Club and it is not proposed to result in incr~ased membership. Therefore, there should be no direct increase in traffic generat~on from this request. However, the existing entrance on Route 601 is "Y" shaped I:md the Department recommends that it be reconstructed to a standard "T" commerc~al intersection. A minimum of 300' of sight distance is required for an entranc~ on Route 601 and currently this exists for only one direction at one of the entranc~s. The other sight distance measurements are between 200' and 290'. To obtain ~dequate sight distance for an entrance at this location, the bank across the road wo~ld need to be graded and a sight easement platted. ~hether or not any turn lanes wpuld be beneficial at this location is difficult to determine at this time. I ATTACHMENT D I Pe er L. Sheeran, AlA A.r hitet:.<ture · Planning RECEIVED FEB 2 4 1992 PLANNING DEFT, illiam D. Fritz, Senior Planner Cou ty of Albemarle Dep rtment of Planning & Community Development 401 cIntire Road Cha lottesville, Virginia 22901-4596 armington Indoor Sports Facility SDP-92-O(5) aiver Request ion 4.2/ Albemarle County Zoning Ordinance e are requesting a modification of the requirements in accordance with Section 4.2.5 of the Albemarle Cou ty Zoning Ordinance to allow building construction on a site which contains portions of "critical slo ," A major portion of the critical slope to be disturbed is due to manmade fill which has accumulated over many years at this site which is adjacent to the golf maintenance facility. The man made critical slopes are 1 cated in the proposed building area. The parking facilities associated with the building are not located on" 'tical slopes," e feel that construction will not result in a loss of an esthetic resource, since the slopes in question are man made "uncontrolled" fill and which have been created from fill dumped in this location as a means of di sal. Bands of critical slope to the east of the building will remain undisturbed, The intent of Section 4.2 the Albemarle County Zoning Ordinance is that by limiting construction on 25% slopes, the potential for eleterious effects of such construction may be avoided, We are requesting a waiver of Section 4,2.3.2, sinc the strict application of Section 4.2 would not forward the purposes of this Ordinance or therein serve the ublic interest, ith respect to the specific contents in the Ordinance as they relate to this project, my comments are as s: creased potential for soil erosion and Sedimentation, The major portion of the site in the building area consists of uncontrolled fill earth which by its very nature is susceptible to erosion. The building process will.~move this material and with proper application and compaction of the material, a more stabilized condition will result. Slopes of up to 2:1 (50%) are standard in many types of construction. (2:1) slopes ar~ accepted as a maximum for erosion control measures requiring embankments as found in the Virginia Erosion and Sedimentation Control Handbook (1980), as well as in cut and fill slopes for Virginia Department of Transportation roadways, The control of soil erosion and sedimentation is a primary concern for any development and the rec- ommended measures need to be carefully installed and closely monitored for integrity, Pursuant to County policies, erosion and sedimentation controls will be maint3.ined and bonded until stabilization has been assured as determined by the Albemarle County Deparrnent of Engineering, nmlu=m'O'mmrmnn:mnnmunnmnmnnnnmmrmmwmn:>>> 246 t High Street _ Charlottesville _ Vi~inia _ 22901 _ 804/979-1830 _ FAX 804/979,5681 I ATTACHMENT 0 II Page 21 Mr. lVilliam D. Fritz, Senior Planner Cou ty of Albemarle page 2 2,} !Vater Pollution, From a design standpoint, this site is ideal for the proposed building design, since there exists a man made pond adjacent to the building site. This pond is approximately an acre in area and has a depth exceeding 20 feet, The pond is used for storage of water which is used : n the irrigation system on the golf course. The natural runoff from the surrounding drainage area {which includes the pro- posed building site}, is often inadequate to maintain a normal water level. Therefore, water is pumped up from Ivy Creek to the pond {in accordance with Water Control Board regulations} to the pond, Thus the control of the relative water level of the pond is flexible. As noted in the Virginia Erosion and Sedimentation Control Handbook (1980), stonn water detention ponds are an effective means of con- trolling water pollution, The increased potential for water pollution associated with steep slopes will not be affected by the construction on the 25% slopes on this site, I I I I 3->FC Insposal Problems As public water and sewer will be utilized, this concern is not applicable to this site, 4.} ~pid and large scale movement of soil and rock. As mentioned above, much of the soils to be disturbed during construction are existing uncon- trolled fill, The extent and location of the new grading will result in a 3:1 to 2:1 fill slope which should not pose a problem with regard to large scale movement of soil and rock. The existing uncontrolled fill slope bands greater than 25% by their very existence are more susceptible to large scale erosion, By removing this fill and compacting a "controlled" fill there should be no problem with respect to large scale soil and rock movement. 5,} gxcessive stonn water runoff. There will be no additional quantities of runoff from the site into the adjacent detention pond, While the area of impervious area will increase, sound engineering practices fo." handling runoff and flowage can channel the runoff into the pond without causing erosion of soils, The existing detention pond is more than adequate for containing the stonn water down stream from this site and the sur- rounding drainage area, In fact, Fannington has to presently pump water up from Ivy creek { in accor- dance with Water Control Board regulations} into the pond. Thus, there exists an overcapacity in the pond, which can be regulated by the amount of additional water pumped. nnrn...:"nnn:...n~~nr~nll'HK'W"ln~.~.Q':'~;'l':-:-r~; 2461~t High Street _ Charlottesville _ Virginia _ 22901 _ 804/979-1830 _ FAX 804/979-6681 Mr. William D. Fritz, Senior Planner ~ounty of Albemarle page 3 I ATTACHMENT D IIPage 31 6.) Loss of an esthetic resource, , There is no esthetic resource in this case. f;ection 4.2 of the Albemarle County Zoning Ordinance provides for public protection from the adverse ~ffects of construction on 25% or greater slopes, Construction consistent with sound building design I jrnd engineering practices on this site will not exacerbate nor create the deleterious effects possible by ~onstruction on steeply sloping lands, Waiver requests on critical control slopes have been supported previously in accordance with Section 4.2.5.11 which allows the Commission to grant a waiver provided that "such modification is consistent with I soun~ engineering and design practice and that the public intent and the intent of this section would be servE/d to at least an equivalent degree by such a modification." The majority of 25% slopes being disturbed cons~sts of uncontrolled fill dumped on the site over many years, Removal and or reconstitution of this ma- teria~ is certainly a public benefit. Ii trust I have addressed the concerns as outlined in the Ordinance, If you have any questions, or if I may ~larify any of the issues, please do not hesitate to contact me. I ' , I I cc: F~lnnington Country Oub I . '5C"a'u~:'_:rn~:'~o; 246 t High Street . Charlotte8viUe . Vi~ia . 22901 . 804/979-1830 . FAX 804/979,5681 COUNTY OF AL= . I ATTACHMENT EI . . PLANNING DEPT. MEMORANDUM Bill Fritz, Senior Planner Wayne A. Smith, Sr., Civil Engineer II >Id' March 2, 1992 Farmington Indoor Sports Facility Preliminary Site Plan (SDP-92-105) following comments are not addressed: 1) Denote type of each manhole and number or letter each. 2) The entrance must be dimensioned and radii shown. 3) A 125 ft. minimum sight distance for the new entrnace is required. 4) Sanitary sewer (same as note 1) - one manhole not shown and none numbered or lettered. In reference to the Waiver Request - Section 4.2 of Albemarle Co nty Zoning Ordinance, Critical Slopes: 1) Increased potential for soil erosion and sedimentation; the applicant addressed this condition very well. 2) Water pollution; as addressed, the existing pond does have to be filled, at times, by pumping from Ivy Creek in accordance with the State Water Control Board regulations which demonstrates that the drainage will be an effective water pollution control. 3) Septic disposal - public water and sewer is to be used at this site. 4) Rapid and large scale movement of soil and rock; most of the soil to be removed. Approximately 70% is uncontrolled fill. The applicant proposes removing the above and compacting a controlled fill. There is no "large scale" movement soil and rock. 5) Excessive stormwater runoff: The proposed design routes the stormwater to the existing pond which will "improve" runoff. 6) Loss of esthetic resources: esthetic resource is not effected at this proposed site. o ch 2, 1992 e Two I ATTACHMENT E II Page 21 applicant has demonstrated both in design and the waiver uest that sound engineering practices and public interest cern have been addressed exceptionally well. After analyzing t rational of this waiver request, this department supports t is application. any questions, please contact me. I; it; Hi i F I,: j; I'!l! II · ~ I ,II II I'. ! I!! I 'I II I! HI ~ f f Ii I Ii 11 :ll~ ! it 1,1 'I'! h II ~llli ~ - · i I' 1111 ,'2 II I I JlI : i II ~I i , i 1/1 11Ii ,i "!Ii II I' ,\" I ,i I il'l Ii. I I " I I I ; ! i !j :11 I !J f ~ Ii I I i Ii iI ! I I II I; I i ~I'n m~ ~ ~~m I ~)'l · s~. g , ~i ~ ; <. ~ < I-i ~ ~ I l!n!I!~limPI1! iHhqlilHHIV,fl IU! I Ml - if f !/H!!Hff "'1 ! I 1IIIIif' f P ,1(\ I Ii f ! iWJ Il j'''.'''.' ! !F.i;~i IJi!' II I : i II [f1 tlJ r t::J' , SH[:[ T TITLE .'TIt. .....",,". <;()OH"'-"l ..,.., ~_.~.:...-~~- l.lATl .........._('.&A,'.....L R~:~~i~;{.;~;~~~7 INDOOR SPO~TS FACIL1T~ F-ARMI~~oTON COUNTRY CLUB ALUEMARL~ COUNTY. VIRGINIA PellT I Sheeran ALA Aldlilt.tlure.&. Plann1ng. 22B bdllJ\:h Slreet Otarldl~,'.'11e.v1rglnJa ") I [ I , I I I I 1 ~ ! ! I ~' I, I t r I I , r ! ~ ~ ~ :l> -i ~ o I ::::: m -. L. -i ..:t1 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville. Virginia 22901-4596 (804) 296-5823 March 25, 1992 Peter L. Sheeran, AlA 246 East High Street Charlottesville, VA 22901 RE: SDP-92-005 Farmington Indoor Sports Facility Preliminary site Plan Tax Map 60E2, Parcell (part) and 2 Dear Mr. Sheeran: The Albemarle County Planning Commission, at its meeting on March 24, 1992, unanimously approved the above-noted preliminary site plan. Please note that this approval is 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 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 issuance of a runoff control permit; e. Staff approval of final landscape plan; f. Staff approval of plat combining parcels 1 and 2. g. Staff approval of maintenance agreement for the existing pond. Peter Sheeran Page 2 March 25, 1992 2. Administrative approval of the final site plan. 3. A Certificate of Occupancy shall not be issued until the following condition is met: a. Fire Official final approval. In order to be eligible for administrative approval by the agent, a final site development plan shall be submitted on a submittal deadline with the appropriate fee within six (6) months of Planning Commission approval of the preliminary plan. In any case, the final site development plan shall be submitted within one (1) year of the Planning Commission's approval of the preliminary plan or the approval shall expire. During the above time period, the applicant shall work to satisfy the conditions of preliminary site development plan approval. The applicant shall have the appropriate agency notify this Department in writing that the applicable conditions have been met. To obtain tentative approvals for the final site development plan from the agencies represented on the Site Review Committee, the applicant shall submit the appropriate plans and materials to each agency, individually, for their review. Once the plans have been tentatively approved by each agency, the applicant shall have each agency notify the Planning Department in writing, that tentative approval has been secured. Once tentative approvals are secured, the final plan shall be submitted to this Department, as stated above. The final plan mylar can be signed at the scheduled Site Review Meeting if after staff review, the final plan meets all ordinances and conditions of approval. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, /;/' /-'.. C:-- '/'/::t. "~--"'-'- ./ / ./'" --,- William D. Fritz Senior Planner WDF/jcw cc: ~ttie E. Neher Amelia Patterson Farmington Country Club Jo Higgins h:. .-.~ ..: '-" ....,.......: .; ". I Dept. COUNTY OF ALBEMARLE of Planning & Community DeveloplT)~Dt , 401 McIntire Road I,'.' Charlottesville. Virginia 22901-4596 (804) 296-5823 "\ ~ f.. March 12, 1992 Robert Lee Frazier Rt. 1,Box 407 scottsvi1le, VA 24590 RE: SP-92-08 Robert Lee Frazier Tax Map 114, Parcel 48 Dear Mr. Frazier: The Albemarle County Planning Commission, at its meeting on March 10, 1992, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The public garage use shall be limited to the repairing and equipping or vehicles. No bodywork or spray-painting of vehicles shall be permitted. No gasoline sales or sale or rental or vehicles shall be permitted; 2. All work shall be conducted within the existing garage; 3. No outside storage of parts including junk parts and junk cars. Refuse awaiting disposal shall be stored in appropriate containers; 4. Not more than two (2) vehicles, awaiting repair, shall be parked on the property outdoors at any time and these shall be located behind the garage; 5. Fire and Building Official approval; Robert Lee Frazier Page 2 March 11, 1992 6. Compliance with recommendations described in Virginia Department of Transportation letter dated February 25, 1992, except for the last sentence; 7. Hours of operation shall be limited from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday and no operation of the garage on Sunday; 8. No employees. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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, , / / V~,(c";'/ .Lr' william D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Patterson Jo Higgins STA2F PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ MARCH 10, 1992 APRIL 15, 1992 SP-92-08 ROBERT LEE FRAZIER Petition: Robert Lee Frazier petitions the Board of Supervisors to issue a special use permit to operate a public garage [10.2.2(37)] on 2.0 acres zoned RA, Rural Areas. Property, described as Tax Map 114, Parcel 48, is located on the east side of Route 795 approximately 0.4 mile north of Route 727 in the scottsvil1e Magisterial District. This site is not located within a designated growth area (Rural Area 4). Character of the Area: This site is currently developed with a house and a two (2) bay garage. One house is visible on adjacent property. All other properties are wooded. An entrance on the south side of the property (the garage is on the north side) is shared with a parcel located behind the parcel under review (Attachment C) . Applicant's Proposal: The applicant is proposing to utilize the existing garage as a public garage and to perform general motor vehicle repairs. The applicant will have no employees and he lives on-site. It is anticipated that a majority of the repairs will be performed off-site. However, the applicant wants the flexibility to bring vehicles to the site to be repaired or have people bring their vehicles to be repaired. A maximum of two (2) vehicles will be waiting repair at any time. Hours of operation will be 8-5 Monday through Friday and 8-1 on Saturday. SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordipance and recommends approval subject to conditions. Planninq and Zoninq Historv: January 19, 1973 - The plat creating this parcel was approved. Comprehensive Plan: This property is located in an area designated as Rural Areas. STAFF COMMENT: In the past, staff has recommended that public garage uses are generally more appropriate to designated growth areas of the Comprehensive Plan than to random location in the rural areas. In past reports for public garages, staff has stated 1 that commercial use of the property be evaluated in terms of appropriateness to the Rural Areas. That is to say, a determination should be made as to whether or not this garage would provide service to the area otherwise not conveniently available. This property is situated about eleven miles south of the Urban Area of the Comprehensive Plan and five miles north of scottsville. Staff is unaware of any nearby garages located in the Rural Areas and the nearest garages to this site are located in scottsvi1le. other than this distance analysis, planning staff has no method of determining if this area is adequately served. Staff offers the following guidance to aid the Planning Commission and Board of Supervisors in determining if this area is adequately served. 1. The closest garage identified by staff is in scottsvi1le which is approximately five miles to the South. 2. Route 795 has 106 vehicle trips per day based on 1988 information. Staff has reviewed this petition for consistency with the criteria for issuance of a special use permit (Section 31.2.4.1) and offers the following comments: a. The qarage would not be of substantial detriment to ad;acent property - In an attempt to make such uses unobtrusive in rural locations, staff has in the past recommended conditions that limit operations to mechanical repair and service. Spray-painting, body work, gasoline sales and sale/rental of vehicles should be prohibited. Hours of operation should be limited. The applicant does not propose any uses typically restricted. The hours of operation are normal business hours during the work week and limited on Saturday. Any activity on-site should have no effect on adjacent properties as they are vacant or sufficiently setback from the garage. b. the character of the district would not be changed by the presence of the qarage No new construction would be required to accommodate the use. The use is to be restricted to two vehicles awaiting repair at any time. The applicant intends to perform a majority of the work off-site. Staff is unable to determine the number of vehicle trips this use will generate. However, the lack of employees will effectively limit the number of vehicles that can be 2 repaired daily. These factors will limit the impact the use has and, therefore, the character of the district will not be changed. c. The garaqe would be in harmony with the purpose and intent of the Zoninq Ordinance and with the uses permitted by riqht in the district - A purpose of the Zoning Ordinance is "to facilitate the creation of a convenient, attractive, and harmonious community" (Section 1.4.3). The Commission and Board should consider whether the proposed conditions of approval adequately accomplish this purpose. staff can comment that this garage would provide service to an area that has no identified garages within five miles. d. The garage would be consistent with the public health, safety, and welfare The property is currently served by two entrances and a loop driveway. The southern entrance is shared. The northern entrance is close to the garage and will require improvements to achieve minimum sight distance. The applicant stores all waste fluids and has already been in contact with individuals and companies that dispose of waste fluid. Staff opinion is that the public health, safety and welfare will not be negatively impacted by the garage. Summary Staff has identified the following factors which are favorable to this request: 1. No construction will occur. 2. No employees are proposed which reduces the potential volume of work done on site. 3. The applicant has stated his intent to perform a majority of work off-site which will reduce the potential volume of work done on-site. 4. No development exists in the area that would be adversely affected by this use. Staff has identified the following factor which is unfavorable to this request: 1. Due to the location of the existing building, this use will be visible from the state road. 3 staff op1n1on is that this use will have minimal impact due to the following: 1. No employees. 2. Stated intent of the applicant to perform a majority of the work off-site. 3. Vehicles awaiting repair is limited to two (2). 4. The applicant performs only light, general repairs. The applicant is aware of proper methods of disposal for waste materials and has already contacted individuals to arrange for disposal of these materials. Based on the limited on-site impact this use will have and the applicant's provision for waste disposal, staff recommends approval subject to the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: 1. The public garage use shall be limited to the repairing and equipping or vehicles. No bodywork or spray-painting of vehicles shall be permitted. No gasoline sales or sale or rental or vehicles shall be permitted; 2. All work shall be conducted within the existing garage; 3. No outside storage of parts including junk parts and junk cars. Refuse awaiting disposal shall be stored in appropriate containers; 4. Not more than two (2) vehicles, awaiting repair, shall be parked on the property outdoors at any tim~ and these shall be located behind the garage; 5. Fire and Building Official approval; 6. Virginia Department of Transportation approval of commercial entrance; 7. Hours of operation shall be limited from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday and no operation of the garage on Sunday. ATTACHMENTS: A -Location Map B -Tax Map C -Plat of property D -V DOT comment 4 ~'" [Q! !'" ., " f74TI ^~ ~\'<-'/ ' 0\'/ . So;/ 'l> " .'~ -~ , . IATTACHMENT A \ ~ <;l, 'J.I' /0/ ~j ~\~C' .M . if /' .-<....# ''I' ~(0 .t ,/ ;/ @ ~~:.. -?' ? ,,/' .. ,Y ,'" , ~/ <f>/y'/ Y' , .... .J>" '< ~ ~~ ",q; <f" .,. ~ ~ ~ .,:) " << ALBEMARLF IATTACHMENT 8: 113 115 SEE u3.11 ..'1'11 .. II .11 ) -f ( ,/ Vr- / I 1 10 SCALE IN "EET . , SCOTTSVI LLE DISTRICT SECTION 114 :~!... i ; '( F'u' 'I: j: rlG CG:tlrA IS:; 10 ~ !Jut-He ---~ CHI\;i1!J~/Il /-/4-73 DATE -c I ATTACHMENT C I CEiHI FI CATIO~l OHNEfl'S APPROVAL: TIll:;; IS A COR::!ECT A:tD ACCU~~TE PL/.T. THI:; Ol',/ISIO:I OF LAtlO IS WITII THE FREE CO~ISENT OF THE __ ~____l 0'. !:h.tS-.<: - - <Joe:- UtlOERS ICoNED ~,{NERS. PRCT-RIETC~ MID/C.'l TRUSTEES. ~,~-4-, ~.t-'- I \ ~ \ . \ \~ t \ .... ".i!'" ~ ,aV!'" ~.! ,_. ~t.. ~"," ;r'..;;z. ..I Iq~ (\ Cf) Cl'\ ~ \.J ~~ ~CQ ~ ,-a 4..l ~ Q: ~ t~i,.. .., " ~_C.'" ~... .."",. .,a , ..}>..... ~ 'fP '\- lel .:e. "t- oe.l ~ ~ l :~ ';if V /C/.,C// r y Sk'E7~ \~ ~1 ti f. 'v <<-v tI. Q' ~ Ie) \$. Ie) ~ . r-... II) II) \ \ \ \ \ I f"\ "~ ,""l \J ~ : ~ () <\ ~~;~ I:) ~ J"",>;- r-... ~ Q <:l'Il)"'l It) g C\J ~ ~ c( I 5",09 J. ~ 205,5,' I~~ .~ ~ _ .v.;.a'Z7 23 -, 01 . - - R-r.s., \ -- ,--,,>-.9 ~ ~S S-r~~ - - ~'f6-;-R/v./ -I ".s- ~ No"~: A C..."ss ~,.""t- ~,t:' ? ..:: <;?"" '. pq,rce{ 'D" p""'-6~rr "'::"'>..s "- L/,l.le 13 .i?S' FR"""" <1'" ~ at'" R7-'O, 7~S- ...... < 9S , \V' p/i .". e8 \- 6,1 Q' ,= ~""'" 7' .s.,..,-o......... __A./ G ..PARCEL COO COA/TA/AJ/A./G 2,38Ac. <j! PARCEL '0" COA/TA/A//A/G 2.0 Ac. LOCATED O.A.../ .sOUTH S/DE Or-STATE ROUTE 7.95 ABOVT O,4HI. /t./E. o"c BLE.A../HE/M A>>.o B.E/A./G TNE RE~A/"(/L:JER OF LAA./.o PARCEL 48 SHEET //4- SCA"-e: /":.200' A/.b(!h"]<n'/e Countfy,.l V"~/:n/Q.. JQ~, /973 FRMH< c:....., T~.:i :l) 1\, GREG G ~:"IU ~U~'.'el"~a :'_~.. C) ~~~ I ! I I ATTACHMENT D I Page 3 February 25, 1992 Mr. Rpnald S. Keeler Speci~l Use Permits & Rezonings I I I I I 7. SP-92-08 Robert Lee Frazier, Route 795 - This section of Route 795 is currently non-tolerable. This request is to operate a public garage which would result in some increase in traffic. The existing gravel driveway in front of the building that ould appear to serve as the garage does not have adequate sight distance. A mlnl m of 350' of sight distance is required and there is only 200' of sight distapce to the north, 300' of sight distance for a vehicle turning left into the entrance and 325' of sight distance to the south. To obtain adequate sight distance in bolth directions would require clearing, possibly some grading and removal of vege~ation as well as sight easements. The Department also recommends that the access be upgraded to commercial standards, which would include widening and hard surf cing. Sincerely, ~a- c:J~ J.A. Echols Assistant Resident Engineer JAE/~dw I I I cc: IR. T,J. Hofrichter I I I I Ie. Semi: ",1-/0 - 9.4 1 :'.,' ;':-. 9.;J. tJfl s'~ q;;- ~" ~",il, '\~_" __.__~~.,._ ___~.,......,...--., COUNTY OF ALBEMARLE , Dep!. of Planning & Community Development 401 Mclntire Road Charlottesville. Virginia 22901-4596 (804) 296-5823 April 8, 1992 David L. & Mary J. Spradlin Rt. 1, Box 532W scot~svi11e, VA 24590 RE: SP-92-10 David & Mary Spradlin Tax Map 104, Parcel 14F1 Dear Mr. & Mrs. Spradlin: The Albemarle County Planning Commission, at its meeting on April 7, 1992, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. The following conditions shall be met within sixty (60) days of Board of Supervisors approval of this petition or this special use permit shall be referred to the Board of Supervisors for revocation in accordance with section 31.2.4.4 of the zoning ordinance: a. The mobile home shall be relocated to an area behind the rear wall plane of the garage building in such manner that a portion of the mobile home shall be within fifty (50) feet of the garage building while maintaining setback and yard requirements specified for the Rural Area zone; b. Albemarle County Building Official approval; c. Virginia Department of Health approval of well and septic system; 2. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; David L. & Mary J. Spradlin Page 2 April 8, 1992 3. The mobile home shall be occupied only by the family of David and Mary Spradlin. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on April 15. 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, ~Uv--- Ronald S. Keeler Chief of Planning RSK/jcw cc: Lettie E. Neher Amelia Patterson Jo Higgins or this special use permit shall be referred to the Board of Supervisors for revocation in accordance with Section 31.2.4.4 of the zoning ordinance: a. The mobile home shall be relocated to an area behind the rear wall plane of the garage building in such manner that a portion of the mobile home shall be within fifty (50) feet of the garage building while maintaining setback and yard requirements specified for the Rural Area zone; b. Albemarle county Building Official approval; c. Virginia Department of Health approval of well and septic system; 2. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; 3. The mobile home shall be occupied only by the family of David and Mary Spradlin. 2 ... - I' STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: RONALD S. KEELER APRIL 7, 1992 APRIL 15, 1992 SP-92-10 DAVID & MARY SPRADLIN: Petition: David and Mary Spradlin petition the Board of Supervisors to issue a special use permit to allow an existing single-wide MOBILE HOME [10.2.2.10} to remain on 7.514 acres, zoned RA, Rural Areas. Property, described as Tax Map 104, Parcel 14F1, is located on the north side of Rt. 620 approximately 1.6 miles south of Rt. 795 in the scottsville Magisterial District. This site is not located in a designated growth area (RA4). Backqround: Attachment A is a report from the Zoning Department. Normally, a petition is not processed if an unrelated zoning violation exists on a property. In this case, other possible continued violation remains before the court and, therefore, the County Attorney recommends normal processing of this petition. Character of the Area: This property is developed with a single-family dwelling, accessory building, a former automobile repair garage (special use permit revoked), and a single-wide mobile home (subject to this special use permit). Zoning Department records show seven (7) other mobile homes within a one-mile radius of this site (Attachment B). staff Comment: The current location of the mobile home does not comply with yard requirements of the Rural Area zone. The applicant has stated that the mobile home would be relocated to an area behind the garage building and would be connected to the well and septic system installed for the garage (the well and septic system should be evaluated for adequacy by the Virginia Department of Health and upgraded, if appropriate). In this location, the mobile home would be visible from another mobile home. The applicant has stated that the mobile home would be occupied by his brother. Two letters have been received in regard to this petition (Attachment C). Should the Commission and Board choose to approve this petition, staff recommends the following conditions: 1. The following conditions shall be met within sixty (60) days of Board of Supervisors approval of this petition 1 c . IATTACHM:::NT Allpage 11 COUNTY OF ALBEMARLE MEMORANDUM to: ItROM: ~ATE: filE: , Ron Keeler, Chief of Planning David R. Hensley, Zoning Inspector~~~~ March 31, 1992 SP-92-10; David and Mary Jean Spradlin, Single-Wide Mobile Home on Property Known as Tax Map 104, Parcel 14F1 'On September 9, 1991, I received a complaint on the above referenced property. The complaint referenced three (3) mobile :homes, two uninhabitable and the third being used as a dwelling : set up within a few feet of ~ fifty (50) foot right-of-way. I 'researched real estate records and zoning files and determined : that no special permit, replacement permit, or building permit has . ever been issued for a mobile home on this property. :On September 10, 1991, Tom Eaton and I visited the site and : confirmed the complainant's allegations. There were indeed three : mobile homes on the property. The mobile home set up as a I dwelling appeared to be approximately 3 feet from a fifty (50) , foot right-of-way, and the other two were uninhabitable. On October 7, 1991, which visiting the site on another matter, I spoke with Mr. Spradlin about the mobile homes. He said the one 'being occupied had been there "about three years", and the other : two were used for storage. He also felt he had obtained proper : approvals for the occupied mobile home. 'On November 13, 1991, Official Determination of violation letter, V-91-59/DH was mailed. sections cited were 5.6 and 31.2.4, mobile homes without a special permit; 31.2.1 and 31.2.2, mobile homes without a building permit; and 31.2.3, occupying without a certificate of occupancy. On December 2, 1991, Mr. and Mrs. Spradlin came to the Zoning Department to find out what they needed to do to keep the "rental" mobile home. I explained the procedure for a special use permit, and told them the mobile home needed to be moved to meet yard . requirements, or they would need to apply for a variance. They : have agreed to remove the uninhabitable mobile homes. A : compliance schedule is under discussion. I I I I I I ~ATTACHMENT AI\Page 21 Memo to Ron Keeler March 31, 1992 Page 2 .On February 21, 1992, Mr. Spradlin applied for a special use permit for a single-wide mobile home. He believed the mobile home would meet the yard requirements where it was, and I disagreed. We agreed to meet on site at a later date to see if we could : determine where the property line was in relation to the mobile ,home. :On March 2, 1992, Tom Eaton and I met Mr. Spradlin on site. He was : unable to show us a corner iron to confirm the location of a :property line. He agreed to either have a surveyor locate the irons, or relocate the mobile home to meet the yard requirements. He did not chose to seek a variance. DH/st ,cc: Reading File IATTACHMENT 81 , '\ \ '-........ ~Location of mobile homes within a one mile radius of the subject property / ./ ~I I ATTACHMENT C IIPage 11 ~. - ':: :: ~ ' " . ..' -~.J1 '~T'~:) .~.j/ ~,:, t992 M~1 Albemarle County Zoning Department 491 McIntire Road Charlottesville, VA 22902 "..\,:-~..,;"" '~-:'.(;'L~~'1~T{ 2'Cr>~,~t.~:{;: ;::; ;:~?{.,~:r~;'trcE~rr Attn: A. M. Patterson RE: SP-92-10 David L. & Mary Spradlin Tax Map 104, Parcel 14F1 D~ar Ms. Patterson: As an adjoining property owner, I wish to submit a complaint c~ncerning the above referenced mobile home location. The mobile h~me is located too close to my prop~rty line. Sincerely, Edgar E. Melton R~. 1, Box 533B seottsville, VA 24590 ~'T e:. '-0 "c ~ :t: -t ~ A;,,' · ~ \\.) ~ e. ,'\:):. ~ '\ S L e... ~e.." ',~ '\ \\..) c- \~7e.,e."::'~ I ATTACHMENT C Ilpage 21 o.s;;- A- ~O\...;) I. ~ ,,"-C- \-\', ~ 11,1\'\ \ e... ~=" b A V', ~ L,,~ 4-IU.l ::r~" "" ~ \" (' "T u<l, \; "" . ~ 'I ~ '-' 6 6 """ ~ f't N d:t. Pr .. 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I I REC~IVE' MAR 11 t992 ALBEMARLE COUNTY ~~tNG DEPARTMENT ;".,'j .....+..~ _..__~, .......-....c- .;- ~::. /- il I ~ . - flr:t I D ~TE Is. / 1q z I A t;ENDA ITEM NO. q/.t1ql/~ 2r~ A t;ENDA ITEM NAME CJP ;J~c ~ D ~ UNTIL '~ It) /1 "/ Z- J ( /h a/;llz;n~ ) ,/ Form. 3 7/25/86 , '. I ,(. " COUNTY OF ALBEMARLE, VIRGINIA PROPOSED FY 92-93 CAPITAL IMPROVEMENTS PROGRAM BUDGET PROPOSED EXPENDITURES ADMINISTRATION AND COURTS Regional Jail Expansion and Renovation County Office Building Annex/PBX Replacement Charlottesville/Albemarle Health Dept.lClinic Wing Juvenile and Domestic Court Repair & Painting County Computer Upgrade ADMINISTRATION/COURTS TOTAL EDUCATION Flashing School Zone Signs Greer Elementary Walls Underground Storage Tanks Replacement New Middle School Facility Broadus Wood Expansion Stony Point - Phase II Energy Maintenance Management Systems Wood brook Elementary HV AC Fire Alarm Replacement Stone Robinson- Water Line Installation Burley Middle School Phase II Jouett Middle School- HVAC Henley Middle School Masonary Repair & HVAC Replace Burley Middle School Roof Replacement EDUCATION TOTAL FIRE, RESCUE AND PUBLIC SAFETY Police Dept Satelite Receiver Addition Air Utility Truck Replacement Volunteer Firefighters Advance Allocation Fund FIRE/RESCUE/PUBLIC SAFETY HIGHWAYS AND TRANSPORTATION Revenue Sharing Road Projects Barracks Road Sidewalk Ivy Road Corridor Study HIGHWAYS AND TRANSPORTATION LIBRARIES Northside Branch Additional BookslMaterials PARKS AND RECREATION Albemarle High School Tennis Court Lighting Urban Area Elementary School Recreation Improvements Scottsville Community Center Maintenance/Replacement Whitewood Road Park Improvements PARKS AND RECREATION TOTAL UTILmESlSTORMWATER IMPROVEMENTS County Master Drainage Plan Lynchburg Road Storm Sewer Improvements Windham/Jarman Gap Road Channel Improvements Keene Landfill Closure UTILmESlSTORMWATER TOTAL TOTAL FY 92-93 PROPOSED EXPENDITURES PROPOSED REVENUES FY 92-93 General Fund Appropriation Fire/Rescue Repayments CIP Fund Balance Borrowed Funds (Virgina Public School Authority Bonds) Interest Earned Miscellaneous Revenues TOTAL FY 92-93 PROPOSED REVENUES 373,100 295,000 47,500 18,078 84.000 817,678 28,000 58,000 87,300 447,000 - 460,000 - 25,000 82,000 250,000 110,000 50,000 75,000 24,000 64,000 25.000 1,785,300 + 1-#t 1~~~' 'l~~ _ ~I-i rub 56,900 30,000 250.000 336.900 '..).. r,v<. ~, t J~ ~ "....k 500,000 - 'Dc1')\. , ~r~ 11,000 15,000 526,000 54.600 75,000 40,000 8,000 20.000 143,000 90,000 9,500 28,526 500.000 628,026 $4,291,504 1.388,315 - 23,000 738,775 ~A _ NwJ r-''''' ~ 1,710.300 274,114 157.000 $4,291.504 \ , tf:/I)_'7' .2.- '.' 9;.'{ e,"31 (;. -3_9.1 .' ;.i' !! COUNTY OF ALBEMARLE ( d. i' ; \ ~ ~ " ""'.-' '..,.. MEMORANDUM HJ:. i~) \i Robert W. Tucker, Jr., of Supervisors County Executive~ TO: FROM: DATE: Albemarle County Board April 9, 1992 RE: Sheriff's Department FY 93 Personnel Requests the proposed FY 93 budget, funds are available to provide a rt-time transport officer ($12,000) using existing vehicles to rform evening and weekend transports to mental facilities and her prisoner transports currently performed by the Police partment after 9: 00 p. m. on weekdays and during the entire ekend period. Police Department personnel indicate that they lieve this part-time position can sufficiently handle this load. I F!ndS are also proposed in next year's budget for 50% of a B iliff's position in Juvenile Court which could be hired in J nuary, 1993. This money ($14,000 operating and capital) was c ntingent upon the City funding their share. At City Council's f na1 worksession on their FY 93 budget, they declined to fund t eir share of this position. Presently, the City funds 50% of the e tire salary, fringes, and operating costs excluding capital for t e locally funded position and 50% of the fringe benefits and o her operating costs of a state funded position. This was done by a reement of the City and County Sheriff to permit the County S eriff to be responsible for all manpower and scheduling in Juvenile Court. I I I. . . I~ dlScusslons that staff has had wlth Judge Shannon, she has i~dicated that the City will be responsible for transporting city jlveniles if Sheriff Hawkins chooses to no longer perform this s rvice. The meeting mentioned by Sheriff Hawkins with Judge S annon on April 24 has nothing to do with City funding of a ditional personnel since City Council has not included any a ditional money for the request but rather is being held at the S~eriff's request to discuss this issue with all parties involved. I I A~though Sheriff Hawkins has requested that a full time position w}th a car be authorized in order to free up another deputy, his m.npower requirements are unclear at this time to justify the . Aibemarle County Board of A ril 9, 1992 R: Sheriff's Department P ge 2 Supervisors FY 93 Personnel Requests r quest. Staff recommends that the funds in the FY 93 budget for t e County's share of the bailiff be placed in the Board's budget c ntingency and that a manpower allocation analysis be conducted d ring the coming fiscal year by either in-house staff or the D partment of Criminal Justice Services to determine the optimum a location of resources to help both the Police Department and the S eriff's Department. The allocation of funds for the bailiff c uld then be shifted from the contingency fund at the Board's d scretion following the presentation and review of the analysis. I I I Rtr,Jr/dbm 9~.075 ......- . . Edward H. Sa; . Jr Samuel Mille David P. Sowe man Charlottesvill , l .. '! ; P iW COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 M E M 0 RAN DUM Forrest R. Marshall. Jr. Scottsville Charles S Martin Rivanna Walter F. Perkins While Hall Melvin Breeden, Director Of~e Lettie E. Neher, Clerk, CMC E: April 16, 1992 JECT: Board Actions of April 15, 1992 At the Board of Supervisors meeting on April 15, 1992, the Board appropriated an additional $3113 from its Contingency Reserve to MACAA to bring MACAA's budget to its requested funding le el of $40,283. The Board adopted the attached resolution to approve the rations budget for the County for FY 92-93. The Board also adopted the attached resolution setting the rates for 1992. L :ec achments (2) cc: Roxanne White Richard E. Huff, II I '. RES 0 L UTI 0 N BE IT RESOLVED that the Board of Supervisors of Albemarle C unty, Virginia, does hereby set the County Levy for the taxable y ar 1992 for General County purposes at Seventy-Two Cents ($0.72) o every One Hundred Dollars worth of real estate; at Four Dollars a d Thirty Cents ($4.30) on every One Hundred Dollars worth of assessed value of personal property; at Four Dollars and Thirty C nts ($4.30) on every One Hundred Dollars worth of assessed value of machinery and tools; at Seventy-Two Cents ($0.72) on every One H ndred Dollars worth of assessed value on mobile homes; and at S venty-Two Cents ($0.72) on every One Hundred Dollars worth of assessed value of public service assessments; and FURTHER orders that the Director of Finance of Albemarle C unty assess and collect on all taxable real estate and all t xable personal property, including machinery and tools not assessed as real estate, used or employed in a manufacturing b siness, not taxable by the State on Capital; including Public Service Corporation property except the rolling stock of railroads b sed upon the assessment fixed by the State Corporation Commission a d certified by it to the Board of Supervisors both as to location a d valuation; and including all boats and watercraft under five tons as set forth in the Code of Virginia; and vehicles used as mo ile homes or offices as set forth in the Virginia Code; except farm machinery, farm tools, farm livestock, and household goods as set forth in the Code of Virginia, Section 58.1-3500 through Section 58.1-3508. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing wr"ting is a true, correct copy for a resolution adopted by the Bo rd of Supervisors of Albemarle County, Virginia, at a reguiar me ting held on April 15, 1992. c~~u~ty 1 RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle Cqunty, Virginia, that the operations budget for the County for the F~scal Year beginning July 1, 1992, be approved as follows: General Government Administration Judicial Public Safety Public Works Human Development Parks, Recreation and Culture Community Development County/City Revenue Sharing Refunds Capital Improvements Contingency Reserve Education - Debt Service Education - Operations Total $ 3,845,643 1,272,681 6,448,216 1,692,592 4,023,923 2,541,908 1,727,374 3,426,000 56,000 1,000,000 97,414 5,195,385 59,141,120 $90,468,256 * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy for a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on April 15 199~ . ~ Clerk, Board of C nty Superv1sors