The URL can be used to link to this page

Home My WebLink About1992-02-12 FIN A L 7:00 P.M. February 12, 1992 R.oom 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 back of sheet). 6) SP-91-68. James M. Johnson. F~r-a-n~rne-~eeliflaH~n-€lftss-B-~n-9':"4-aes !;~ned - R -2-aftd -E€-8yerlfly-Bish --Pr~flerty-~eat:ed -~n. - E -~ide -~f-Rt:";63i af'f'r~x -499 -ft -N -~f -P:menlirst -€~li1'h- --'l'M99A,SeeA.P29':'" --Se~ttgyiHe Bish (Deferred from January 22, 1992.) (Applicant requests withdrawal. ) 7) Public Hearing on an ordinance to amend and reenact CHAPTER 6, "ELECTIONS" of the Code of Albemarle in subsections (a) and (d) of Section 6-4 entitled "Voting Precincts-- Rivanna Magisterial District" to change the words "Shadwell Creek" to "Barn Branch" in the descrip- tion of the boundary between the Keswick and Free Bridge Precincts. This will correct a typographical error in the original adopting ordi- nance by changing the description to that which was in effect before the 1991 redistricting ordinance was adopted. 8) Public Hearing on a request to amend the service area boundaries of the Albemarle County Service Authority to include TM46, P22D, Covenant Church of God, for water and sewer service. 9) ZMA-91-12. Beechtree Associates Limited Partnership. Public Hearing on a request to rezone 1.12 acs from CO (proffered) to C-1 (proffered). Property in SE quadrant of Whitewood/Hydraulic Rds inters is located in Neighborhood 1. Property shown in the Comprehensive Plan for Neighborhood Service. TM61, P25 . Charlottesville Dist. 10) Approval of Minutes: April 17, .lune 5, June 19 and August 14,1991. 11) Other Matters Not Listed on the Agenda from the BOARD. 12) Executive Session: Legal Matters. 13) Adjourn. CON S E N T AGE N D A FOR APPROVAL: 5.1 Resolution requesting acceptance of Willow Lake Drive Extended in Willow Lake Subdivision into the State System of Secondary Highways. FOR INFORMATION: 5.2 Memorandum dated J"anuary 31, 1992, from V. Wayne Cilimberg, Director of Planning and Community Development, entitled "Status of Rural Preserva- tion Development." 5.3 Copy of 1991 Fourth Quarter Building Report as prepared by the County Department of Planning and Community Development. 5.4 Copy of Planning Commission's Minutes for January 28, 1992. 5.5 Letter dated February 4, 1992, from Amelia M. Patterson, Zoning Admini- strator, addressed to .John H. & Gloria J. Fink, entitled "Official Deter- mination of Number of Parcels - Section 10.3.1, Tax Map 18, Parcel 18D." Edward H. Bain. Jr. Samuei Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 972-4060 MEMORANDUM Forrest R. Marshall. Jr. Scottsvil1e David P. Bowerman Charlottesville Charles S. Martin Rivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hail TO: Robert W. Tucker, Jr., County Executive :~t::~:.c:::::~r:~e:::e:::r~nning and DATE: February 13, 1992 Community Development FROM: SUBJECT: Board Actions of February 12, 1992 Following is a list of actions taken by the Board at its meeting on February 12, 1992: Agenda Item No. 5.1. Resolution requesting acceptance of Willow Lake Drive Extended in Willow Lake Subdivision into the State System of Secondary Highways. ADOPTED resolution, copy attached. Agenda Item No.6. SP-91-68. James M. Johnson. For a home occupation Class B on 0.4 acs zoned R-2 and EC Overlay Dist. Property located on E side of Rt 631 approx 400 ft N of Pinehurst Court. TM90A,SecA,P20. Scottsville Dist. APPROVED withdrawal of application without prejudice, at the appliant's request. Agenda Item No.7. An ordinance to amend and reenact CHAPTER 6, "ELECTIONS" of the Code of Albemarle in subsections (a) and (d) of Section 6-4 entitled "Vot- ing Precincts--Rivanna Magisterial District" to change the words "Shadwell Creek" to "Barn Branch" in the description of the boundary between the Keswick and Free Bridge Precincts. This will correct a typographical error in the original adopt- ing ordinance by changing the description to that which was in effect before the 1991 redistricting ordinance was adopted. ADOPTED ordinance as advertised (copy attached). The Clerk will publish metes and bounds description as requested by the Registrar. Agenda Item No.8. To amend the service area boundaries of the Albemarle County Service Authority to include TM46,P22D, Covenant Church of God, for water and sewer service. (Note: Mr. Cilimberg brought to the Board's attention that the parcel in question is Parcel 22, not 22D as advertised.) Memo to: Robert W. Tucker, Jr. and V. Wayne Cilimberg February 13, 1992 Page 2. APPROVED inclusion of Parcel 22 on Tax Map 46 in the service area boundaries of the Albemarle County Service Authority for both water and sewer service, for the 10.3 acres to be occupied by the church, and further limited service to only the church building as approved under SP-90-35 for Covenant Church of God. Agenda Item No.9. ZMA-91-12. Beechtree Associates Limited Partnership. Request to rezone 1.12 acs from CO (proffered) to C-1 (proffered). Property in SE quadrant of Whitewood/Hydraulic Rds inters is located in Neighborhood I. Property shown in the Comprehensive Plan for Neighborhood Service. TM61,P25. Charlottes- ville Dist. APPROVED with proffers listed in letter dated January 6, 1992, from Susan Wagner, Leasing Director, Republic Capital Corporation, addressed to Mr. William Fritz, with Attachment "c" where uses proffered out are marked through and the word "delete" is written in (copy of letter attached showing uses as set out below) : 22.0 22.2.1 COMMERCIAL - C-l PERMITTED USES - BY RIGHT The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning adminis- trator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifi- cally permitted; provided that such use shall be similar to uses permit- ted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3~---Bepar~men~-~~ore~ Delete 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15~--Retail-nnr~erie~-and-greenhon~e~. Delete Memo to: Robert W. Tucker, Jr. and v. Wayne Cilimberg February 13, 1992 Page 3. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.9). T~---Fttneral-home~~ Delete 8. Health spas. 9~---Indoor-theater~~ Delete 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.6). 14. Eating establishments. 15. Tailor, seamstress. i6~--Atttomobile-~er~iee-~tation~-treferenee-5~i~~81~ Delete 17. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distri- bution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. 18. Public uses and buildings including temporary or mobile facil- ities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 19. Temporary construction uses (reference 5.1.18). 20. Dwellings (reference 5.1.21). 21. Medical center. ~~~--Atttomobile,-trttek-repair-~hop~--EAdded-6-3-8i1 Delete 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 22.2.2 PERMITTED USES - BY SPECIAL USE PERMIT i~---€ommereial-reereation-e~tablishments-inelttding-bttt-not-liMited-to amttsement-eenter~,-bowling-alley~,-pool-hall~-and-danee-hall~~ tAmended-i-i-831 Delete 2. Electrical power substations, transmission lines and related tow- ers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. Memo to: Robert W. Tucker, Jr. and V. Wayne Cilimberg February 13, 1992 Page 4. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1.11). 6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-1S, in compliance with regulations set forth therein, and such conditions as may be im- posed pursuant to section 31.2.4. 7. Hotels, motels and inns. 8~---Mo~or-vehiele-~ales-and-ren~al-in-eommttni~ie~-and-~he-ttrban-area-a~ de~igna~ed-in-~he-eomprehen~ive-plan~--EAdded-6-1-83j Delete Agenda Item No. 11. Other Matters Not Listed on the Agenda. The Board APPOINTED James L. Camblos, III, to the Community Corrections Resources Board. Mr. Cilimberg mentioned meetings held recently to discuss economic analysis and economic development, and the possibility of obtaining a small grant from the Center for Rural Development for assistance. If a letter of support is needed, the request to have the Chairman sign such a letter should be included on the Consent Agenda for February 19, 1992. The Chairman was authorized to sign the deed for sale of the old Esmont Health Center when the deed has been prepared. Mr. Tucker mentioned that the Airport Authority wants to put a $2.00 boarding fee into effect in order to collect revenue for improvements already scheduled in the Airport's CIP, particularly runway improvements. Mr. Perkins requested further information on the Lickinghole Creek Sedimenta- tion Basin Project, specifically, how much money has been spent so far on this project; what is the design of the project; what is the function of the project, in other words, what can we expect to get from it? Mr. Tucker indicated that a report would be included on the March 4, 1992, agenda. Mr. Martin requested the Board members to consider whether they would be willing for the County to financially support aesthetic-enhancement for Route 29 North during the improvement project. Mr. Tucker said recommendations on this will come from the Architectural Review Board after development of guidelines for the Route 29 North Corridor. Memo to: Robert W. Tucker, Jr. and v. Wayne Cilimberg February 13, 1992 Page 5. Mrs. Humphris again mentioned the outdoor lights at Jim Price Chevrolet on Route 29 North. This lights shine directly in the eyes of drivers. Mr. Marshall mentioned that he had received a petition signed by all but four property owners on Route 53 requesting the Board to name Route 53 from Route 20 South along its entire length in Albemarle County to the Fluvanna County line as Thomas Jefferson Parkway. There was no consensus as to what should be done at this time, however, it was suggested that it be discussed on March 4. LEN:mms Attachments (3) cc: Robert B. Brandenburger Richard E. Huff, II Roxanne White Bruce Woodzell Amelia Patterson George R. St. John File RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Depart- ment, the following road in Willow Lake Subdivision: Willow Lake Drive Extended Beginning at Station 16+44.96, a point cornmon to the centerline of Willow Lake Drive Extended and the edge of pavement of State Route 1135, thence in a southwesterly direction 694.96 feet to Station 9+50, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Trans- portation be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1173, pages 142 to 144. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meet1ng held on February 12, 1992~.~ ~ Clerk, Board of ounty Supervisors o R DIN A N C E An Ordinance to Amend and Reenact CHAPTER 6, ELECTIONS of the Code of Albemarle, in Section 6-4 entitled "Voting Precincts--Rivanna Magisterial District BE IT ORDAINED that the Code of Albemarle is hereby amended and reenacted in Section 6-4, Subsections (a) and (d) of Chapter 6, Elections, to read as follows: Sec. 6-4. Same--Rivanna Magisterial District. (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/- Fluvanna County line to its intersection with the Rivanna River; then meander- ing northwest with the Rivanna River to its confluence with Barn Branch; then northeast with Barn Branch to its origin near the ridge of the Southwest Moun- tain Range; then northeast with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. * * * * * (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its con- fluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain Range; then southwest with the ridgeline of the Southwest Mountain Range to its intersec- tion with the origin of Barn Branch; then southwest with Barn Branch to its confluence with the Rivanna River; then meandering west with the Rivanna River to its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. * * * * * I, Lettie E. Neher, true, correct copy of an Supervisors of Albemarle February 12, 1992. do hereby certify that the foregoing writing is a ordinance unanimously adopted by the Board of County County, ~ ~Ula eting held on Clerk, Board of County Supervisors REPUBLIC CAPITAL CORPORATION P.O.. Box 7885 Charlottesville, Va. 22906 (804) 979-5748 FAX (804) 979-0575 ?';~:"l!1 JAN 1 PLANN\NG ID\V\S\ON IATTACHMENT CI _..'. l,.oo. ~ .... ..........., .-.-..~......,~. .'_' January 6, 1992 Mr. William Fritz County of Albemarle Department of Planning & Community Development 401 McIntire Road Charlottesville, VA 22901-4596 RE: ZMA-91-12 Beechtree Associates Dear Bill: The proffers that are not crossed through are to remain. The proffers crossed through with the word delete beside them are not to be included. If this letter does not clarify our intent, please do not hesitate to contact me by calling (804) 979-5388. Sincerely, ) ~;{-"'-A IjA.A.4~ '- ~ jfbm Susan Wagner Leasing DIrector 2?.O 22.1 22.2 22.2.1 IATTACHMENT cl [page 2J COMMERCIAL '- C-T INTENT, WHERE PERMITTED C-l districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service. and public use establishments which are primarily oriented to central business concentrations. It is intended that C-l districts be established only within the urban area, communities and villages in the comprehensive plan. In order to permit flexibility of development within . this district in conformance with the stated intent, the commission may, in a particular case, modify, vary or waive certain requirements of section 21.0 as ~erein~fter provided. . . PERMITTED USES BY RIGHT The following uses shall be permitted in any C-l distric~ subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. ~\<:..+c. J. ( 4. Dc.pa..L. rflleul., :::;l.,un=.~ Drug store, pharmacy. ~ 5. Florist. ',"" 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary a~d wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. -145- " ..,-', j \ATTACHMENT CllPage 31 9. 'Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. ~\e. ~ Hceail 1.Ul.;:re-1!>ic:3 and 6J.4t::t::ullVU-::;t::::>": b. The following servic.es and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.9). 1:::x::ld-c..7 . FM.L':"L ~l lWllh...., .' 8. Health spas. ~~~~ I~door thc~tgv~ 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). y~ :';'\ ~:::::~::: ::: e :::~ e ent e rs (re fer ene e 5.1.6). ll~ . 14. Eating establishments. ....... 15. Tailor, seamstress. ~~ 16. .\ul'..'JlluG:i..lc; ;:'t::J. V.Ll;t;: :;)1:;at...luu.::> (J.....fclet'l."\;;,c:-::r-.~tf). 17. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a -146- , ,il .. - \ATTACHMENT C\IPage 41 public utility. Water distribution and sewerage collection lines, pumping stations and appurten- ances owned and operated by the Albemarle County Service Authority. 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state.or_..f_e_dE?_~al agencies (reference . 31.2.5); public water and Sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Riv~nna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 19. Temporary construction uses (reference 5.1.18). 20. Dwellings (reference 5.1.21). 21.' Medical center. 1)~\~ 22. Automoo~~e, truck repa~r snop. (Added 6-3-81) 23. Temporary nonresidential mobile homes ('reference 5.8). (Added 3-5-86) 22.2.2 BY SPECIAL US~ PERMIT -~~ -1--.' Comm.erc1a~ recreation establ~snmem:s includ~ng but llul. limi It::J. to amU::it::Ull::ht centQr'i, how1; THJ a llcY3, po,?l hal13 aIJ.J. ud.m.:t:: hdll:5. (Amended 1-1- g 3 ) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hospi.tal (reference 5.1.11). 6. Unless such uses .are otherwise,~rovided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 7. Hotels, motels and inns. r-- 'i u~ \-ere.. 8 . ~Lu~ vehi~lt:: salt::s and rontal in communitil::::i dnu Ll~ urban' a..rea d.::i J.esignated in the compreht::J.J.::i..i.ve plan. (Added 6 1 83) -147- (supp. #49, 11-1-89) ~/v C" ~; ;:;'" ~ '1,-' j' !t ,\_ _~.i " 1; t' t S j '~' r t"",j .J \ \'""'.. l' ~ "....- .; ".,,,_.r!" :.' ~ ~- i """ ' r~ " " ,.j I ' -.." D Edward H Bain. Jr Samuei Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22901 A596 (804) 296-5843 FAX (804) 972-4060 Forrest R Marshall. Jr Scoltsville David P. Bowerman Charlottesville Charles S. Martin Rivanna Charlotte Y Humphris Jack Jouett Walter F Perkins White Hall M E M 0 RAN DUM TO: Hoyt B. Alford, III, Civil Engineer Engineering Department FROM: Lettie E. Neher, Clerk, CM~ DATE: February 13, 1992 SUBJECT: Acceptance of Roads into the State System of Secondary Highways At its meeting on February 12, 1992, the Board of Supervisors adopted the following resolution: Resolution to have Willow Lake Drive Extended in Willow Lake Subdivision taken into the State System of Secondary Highways. Attached are copies of the resolutions. LEN:bh Attachments: Original and 3 copies of each (~O"""'" U:" C.'.i:.,o.o: f ,,,,0, ld /1 >) /1 .\' f UI RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Depart- ment, the following road in Willow Lake Subdivision: Willow Lake Drive Extended Beginning at Station 16+44.96, a point common to the centerline of Willow Lake Drive Extended and the edge of pavement of State Route 1135, thence in a southwesterly direction 694.96 feet to Station 9+50, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Trans- portation be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1173, pages 142 to 148. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on February 12, 1992. .~C~~ ~~~rd o~t; Superv1sors , / / I BE IT RESOLVED by the Board of Superviiors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation/he and is hereby requested to accept into the Secondary S~stem of Highways, subject to final inspection and approval by the .Resident Highway Depart- ment, the following road in Willow Lake/Subdivision: RES 0 L UTI 0 N Willow Lake Drive Extended Beginning at Station 16+44.96, a point common to the centerline of Willow Lake Drive Extended and the edge of pavement of State Route 1135, thence in a southwesterly direction 694.96 feet to Station 9+50, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Trans- portation be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1173, pages 142 to 144. * * * * * ~) ,+ \.~ -\ \ , I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on February 12, 1992~~ ~ Clerk, Board of ounty Supervisors .. v,.; :"f :;;,;,1 M~ ,~'.'" ~.'_. -~..---"",,,"" RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Depart- ment, the following road in Willow Lake Subdivision: Willow Lake Drive Extended Beginning at Station 16+44.96, a point common to the centerline of Willow Lake Drive Extended and the edge of pavement of State Route 1135, thence in a southwesterly direction 694.96 feet to Station 9+50, the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Trans- portation be and is hereby guaranteed a 50 foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 1173, pages 142 to 144. * * * * * COlJNTY OF ALBEMARLE MEMORANDUM TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Hoyt B. Alford III, civil Engineer ~:s DATE: RE: 4 February 1992 willow Lake Subdivision - willow Lake Drive Extended The following is a description of Willow Lake Drive Extended located in the Willow Lake subdivision. willow Lake Drive Extended Beginning at station 16+44.96, a point common to the centerline of willow Lake Drive Extended and the edge of pavement of State Route 1135, thence in southwesterly direction 694.96 feet to station 9+50, the end of the cuI de sac. This road has a fifty (50) foot right-of-way and has been built in accordance with the approved road plans. The deed book reference for right-of-way dedication and drainage easements is deed book 1173, page 142 to 144. If you have any questions, please advise. HBAJ ---;>'--;--- - .. Edward H Ball1. Jr Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mclntire Road Charlottesville. Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 Chdrlotte Y HUl11phns eI,Iel-. .JOU\o'll David P Bowerman Charlottesville Walter F _ Perkins White Hall F. R. (RICk) Bowie Rivanna Peter T Way ScollsVIII", November 25, 1991 Mr. Scott Williams Assistant Project Manager Republic Homes 2788 Hydraulic Road Charlottesville, VA 22901 Dear Mr. Williams: Your request to have Willow Lake Drive in Willow Lake Subdivi- sion, Phase II, taken into the State Secondary System of Highways has been received and referred to the County Engineer. When she has certified that all work has been completed in accordance with approved plans, this request will be placed before the Board of Supervisors for adoption of the necessary resolution. Very truly yours, ~'~~CMC LEN:ec cc: Jo Higgins, County Engineer : . I I I RH c:() REPUBLIC HOMES November 19, 1991 28 h: 91 ; ! , '11 (1;::- '. '.< , . '"\ ,:) Ms. Lettie Neher Clerk Board of Supervisors 401 McIntire Road Charlottesville, VA 22901-4596 Re: Willow Lake II Dear Ms. Neher: I would like to request that the Albemarle County Board of Supervisors adopt a resolution accepting Willow Lake Drive, that portion located in Phase II of Willow Lake Subdivision, into the State Secondary System of Highways. We are presently working to correct the last few items of a deficiency list, and I anticipate that the road will be ready for acceptance if I two weeks. Should informa tion, you have any questions or require please do not hesitate to call. any additional Sincerely, .1 .' ~~j-' '. ! JI. /, iii {\,/'{/{'L'lf,?Lt? Sco t Williams Assistant ProJect Manager I 2788 Hydraulic Road Charlottesville, Virginia 22901 I (804) 973-3377 I '~. (,; 1- .. i (:;.~ 2 f t..":,:;/ i 'I t ,_\ I "). .I ~p,,_"'_~"""'''.'''C''~ CO')"'.I"-" ,'" . ." .1 \_ j'l{ f r \:' "': r,' 1\:; '.':, F? .:._ F COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-45'lEf (804) 2965823 ~ .' I'" 1'''1, ,i...." . II! ) ,.iV''''''''' '. ,~ i : ,~! )!.. .."\ 1;..',:1 J ;"~ \- ~ r ;:: ":'::1 '. \.-.) \ J;; \ \, J ~ ! \ ~ : l~''--\''r-'" _ . ..../ ;~~;::\ ~~~~ t~? ':., L~~ t)uA,~O Uf'; ;,: .-.,(lc;r>'lC '-. -'" L, 1 '. '~, LJ 'I,,;; MEMORANDUM TO: Albemarle County Board of Supervisors Albemarle County Planning Commission Recreational Facilities Authority Planning Staff and(}()JV FROM: v. Wayne Cilimberg, Director of Planning Community Development DATE: January 31, 1992 RE: Status of Rural Preservation Development Since the adoption of the Rural Preservation Development (RPD) provisions of the County's Zoning Ordinance in November, 1989, there have been reviewed and at least preliminarily approved eight (8) RPD projects. These projects have resulted in 169 development lots with an average lot size of no more than 5.26 acres. At the same time, eleven (11) rural preservation tracts encompassing over 1100 acres have resulted from these same projects. The table attached details each project. To this date, one project, Beaumont, has been signed and recorded. VWC/jcw - -----~ ---- --.------- - --~ -------- -. ----- -.-.--- -------- --~- -.-..----- u 3: C -< C '" r- -< 0 0 0 ::T ., <l> Ql C C :J 8. <l> <l> Ql it ., rt :J ~ :J <l> .... n ;>;> VI .... <l> .... Ql ., 0 0 Ql ., -. <l> n :J :J ~ C ., <l> 7<:" ....... .... ~ 3: 0 7<:" VI X 0 8. :z: 0 c ~ lC :J VI <l> rt m ~ Ql ~ -. :J ..., ,.. ;>;> m :z: :z: -< ? ~ -> N ~ ~ 0 N -> V1 ..., ,.. 0 ;>;> ." n m r- en ;>;> ..., ..., ..., ..., 0 .., ..., ., ..., ..., ., ., ..., ,.. -. C -. C C -. -. C 0 < CT < CT ~ < < CT Ql ~ Ql ~ Ql Ql ~ -< rt -. rt -. -. rt .... -. -< <l> n <l> n n <l> <l> n ..., m -< 0 -< ,.. r- N -> <f: l.N -> N 0 l.N l.N .." -<> <i! ~ ,.. .." N N N N ~ n :0 0 ;>;> a- -> V1 -> m V1 l.N l.N ,.. C'l m 0 m < m r- 0 :z: ..., ? -> -> ~ l.N l.N -> 3: -<> l.N l.N 0 .." .." .." l.N m :z: 0 -< ." r- 0 -< en ..., ..., ::T ::T Ql Ql 0 ,.. VI VI m < <l> <l> < ~ m - - r- - 0 ,.. N V1 ~ V1 N l.N V1 l.N ..., n i:o 0 N 0 3: ;>;> -> -> i:o l.N 00 N m m N V1 N a- N :z: ,.. l.N -< C'l m r- 0 0 -< ." en ...... ...... ...... ..., ..., l.N -0 -0 ~ ::T ::T Ql Ql ~ ;>;> C C C VI VI 0 ..., VI VI VI <l> <l> rt -< VI O! .." - - ,.. -> - 00 n ~ l.N l.N -> .." ;>;> Ql 00 a- g: ~ ~ ~ ~ m n .." g: -<> ~ ? 0 l.N .." 0 ,.. ., N Ql ~ C'l <l> :.., i,., Ql 00 n V1 N Ql l.N 0 m VI n N ., N < l.N V1 ., <l> '" -. <l> VI :J VI -. 0 -. :J ..., -g :J r- m 0 ,.. ;:0 :J 0 -g :z: n -g 0 m VI .." V1 OJ :J V1 ~ 00 V1 V1 :z: ] N 0 :J 0 ;'J ~ a- 0 - -< ~ ~ ~ VI ~ ~ ~ :z: ,.. n VI ] C'l <l> ] ;>;> m ..., n ..., n <l> -i 0 (1) ..., ." ..., .' ._ A .. ,'-., ' e::':""___'~'M~."'--"'-- ~; ) / 1991 FOURTH QUARTER BUILDING REPORT '.,..I 0," .....; ,-' ~,.i ~ i- ,. .\ ..,..i "",; County of Albemarle Department of Planning and Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 INDEX I. Comparison of New Residential Dwelling Units by Month (Charts A - B) II. Comparison of New Residential Dwelling Units by Type (Charts C - D) III. Comparison of All Building Permits (Chart E) IV. 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 SFffH Single Family Townhouse DUP Duplex MF Multi-Family Residence MHC MobileHomes in County -2- During the fourth quarter of 1991, 126 permits were issued for 131 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 1983 1984 1985 1986 1987 1988 1989 1990 1991 JAN 37 86 46 37 38 22 93 56 64 FEB 29 39 29 43 35 40 172 68 31 MAR 86 78 94 37 62 91 61 92 57 APR 131 60 48 78 70 71 49 82 62 MAY 65 78 121 73 73 83 89 75 44 JUN 100 66 60 92 56 83 220 85 54 JUL 113 63 57 159 80 30 67 42 58 AUG 57 47 86 32 46 49 74 87 58 SEP 73 52 35 49 45 46 72 90 55 OCT 59 41 40 52 60 52 56 48 39 NOV 72 33 45 50 49 60 301 37 42 DEC 241 82 53 35 40 46 55 42 50 TOTAL 1063 725 714 737 654 673 1309 804 614 Chart B. Three Year Comparison of New Residential Dwelling Units by Month 40 320 300 280 260 240 220 200 180 160 140 120 100 80 60 20 o JAN FEB MAR APR MAY JUN JUl AUG SEP OCT NOV DEC lZZJ 1989 IS:Sl 1990 t2223 1991 Prepared by Albemarle County Planning and Community Development -3- FOURTH QUARTER 1991 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 2 0 5 0 0 0 7 5% JACK JOUETT 1 0 0 0 6 0 7 5% RIVANNA 35 5 18 0 0 0 58 44% SAMUEL MILLER 13 O. 0 0 0 0 13 10% SCOTTSVILLE 25 4 0 0 0 4 33 25% WHITE HALL 8 4 0 0 0 1 13 10% TOTAL 84 13 23 0 6 5 131 100% 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 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 2 3 0 11 0 0 0 14 URBAN NEIGHBORHOOD 3 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 4 14 4 0 0 0 0 18 URBAN NEIGHBORHOOD 5 3 0 0 0 0 0 3 URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 7 0 0 0 0 6 0 6 CROZET COMMUNITY 0 4 0 0 0 0 4 HOLLYMEAD COMMUNITY 17 0 12 0 0 0 29 SCOTTSVILLE COMMUNITY 1 0 0 0 0 1 2 EARLYSVILLE VILLAGE 0 0 0 0 0 0 0 NORTH GARDEN VILLAGE 2 0 0 0 0 0 2 PINEY MOUNTAIN VILLAGE 0 5 0 0 0 0 5 RIVANNA VILLAGE 0 0 0 0 0 0 0 GROWTH AREA SUBTOTAL 40 13 23 0 6 1 83 RURAL AREA 1 8 0 0 0 0 1 9 RURAL AREA 2 15 0 0 0 0 0 15 RURAL AREA 3 11 0 0 0 0 0 11 RURAL AREA 4 10 0 0 0 0 3 13 RURAL AREA SUBTOTAL 44 0 0 0 0 4 48 TOTAL 84 13 23 0 6 5 131 Prepared by Albemarle County Planning and Community Development -4- FOURTH QUARTER 1991 III. COMPARISON OF ALL BUILDING PERMITS Chart E. Estimated Cost of Construction by Magisterial District and Construction Type MAGISTERIAL NEW *NEW NON-RES. NEW COMMERCIAL FARM BUILDING DISTRICT RESIDENTIAL & ALTER. RES. & NEW INSTlTUT. & ALTER. COMM. TOTAL No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ No. Amount-$ CHVILLE 7 700,000 19 116,849 2 450,120 8 318,900 36 1,585,869 JOUETT 2 560,000 11 218,890 0 0 2 268,000 15 1,046,890 RIVANNA 58 5,169,286 36 265,685 3 70,000 5 275,905 102 5,780,876 S. MILLER 13 2,098,500 40 1,193,662 1 237,750 8 556,500 62 4,086,412 SCOTTSVILLE 33 1,883,500 35 374,532 1 6,000 5 1,016,900 74 3,280,932 WHITE HALL 13 1,303,310 28 416,684 0 0 16 309,338 57 2,029,332 TOTAL 126 11,714,596 169 2,586,302 7 763,870 44 2,745,543 346 17,810,311 * Additional value of mobile homes placed in existing parks is included in Residential Alteration category. IV. CERTIFICATES OF OCCUPANCY Chart 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. Broadus Wood/Henley 4 0 0 0 0 1 5 2.79% Broadus Wood/Jouett 5 0 0 0 0 0 5 2.79% Brownsvi11e 3 0 0 0 0 1 4 2.23% Crozet 6 0 0 0 0 0 6 3.35% Greer 1 0 0 0 20 0 21 11.73% Ho11ymead 26 5 4 0 0 0 35 19.55% Meriwether Lewis 7 0 0 0 0 1 8 4.47% Murray 5 0 0 0 0 0 5 2.79% Red Hill 7 0 0 0 0 0 7 3.91% Cale/Burley 2 0 17 0 0 0 19 10.61% CalejWalton 24 8 0 0 0 0 32 17.88% Scottsville 3 0 0 0 0 0 3 1. 68% Stone Robinson/Burley 2 0 0 0 0 0 2 1.12% Stone RobinsonjWalton 8 0 0 0 0 0 8 4.47% Stony Point 9 0 0 0 0 2 11 6.15% Woodbrook 0 0 1 0 0 0 1 0.56% Yancey 6 0 0 0 0 1 7 3.91% TOTAL 118 13 22 0 20 6 179 100.00% Prepared by Albemarle County Planning and Community Development -5- FOURTH QUARTER 1991 IV. CERTIFICATES OF OCCUPANCY (continued) Chart G. Breakdown of CO's for Residential Dwelling Units by Magisterial Dtstrict and Dwelling Unit Type MAGISTERIAL DWELLING UNIT TYPE DISTRICT SF SFA SF/TH DUP MF MHC TOTAL CHARLOTTESVILLE 2 0 1 0 0 0 3 JACK JOUETT 4 0 0 0 20 0 24 RIVANNA 39 5 21 0 0 2 67 SAMUEL MILLER 25 0 0 0 0 0 25 SCOTTSVILLE 33 8 0 0 0 1 42 WHITE HALL 15 0 0 0 0 3 18 TOTAL 118 13 22 0 20 6 179 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 2 0 18 0 0 0 20 URBAN NEIGHBORHOOD 3 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 4 16 8 0 0 0 0 24 URBAN NEIGHBORHOOD 5 5 0 0 0 0 0 5 URBAN NEIGHBORHOOD 6 0 0 0 0 0 0 0 URBAN NEIGHBORHOOD 7 0 0 0 0 20 0 20 CROZET COMMUNITY 2 0 0 0 0 0 2 HOLLYMEAD COMMUNITY 25 0 4 0 0 0 29 SCOTTSVILLE COMMUNITY 1 0 0 0 0 0 1 EARLYSVILLE VILLAGE 0 0 0 0 0 0 0 PINEY MTN. VILLAGE 0 5 0 0 0 0 5 NORTH GARDEN VILLAGE 0 0 0 0 0 0 0 RIVANNA VILLAGE 0 0 0 0 0 0 0 GROWTH AREA SUBTOTAL 51 13 22 0 20 0 106 RURAL AREA 1 17 0 0 0 0 2 19 RURAL AREA 2 12 0 0 0 0 2 14 RURAL AREA 3 17 0 0 0 0 1 18 RURAL AREA 4 21 0 0 0 0 1 22 RURAL AREA SUBTOTAL 67 0 0 0 0 6 73 TOTAL 118 13 22 0 20 6 179 Prepared by Albemarle County Planning and Community Development " ;;.. ? - ';.:.1- __7!.2.(~jCt(..;- j- ) ,^ COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5875 "', '-... ,; February 4, 1992 John H. and Gloria J. Fink Rt 4, Box 101 Charlottesville, VA 22901 RE: OFFICIAL DETERMINATION OF NUMBER OF PARCELS - section 10.3.1 Tax Map 18, Parcel 18D Dear Mr. and Mrs. Fink: The County Attorney and I have reviewed the information you have submitted for the above-noted property. It is the County Attorney's advisory opinion and my official determination, that this property consists of one (1) parcel: 22.419 acres Each parcel is entitled to associated development rights. This determination results in the same number of parcels as is shown with a parcel number on the County tax maps. This determination considered the descriptive clauses of the deed, which delineate and enumerate the property as consisting of "all that certain tract or parcel of land," one (1) parcel. This consideration is based on the findings of the Va. Supreme Court in the case, Faison v. union Camp 224 VA 54. The most recent deed of record as of the date of adoption of the zoning Ordinance is found in Deed Book 467, Page 532. It is dated December 8, 1969 from Baldwins and Swingles to Finks. This deed describes the following parcel: "All that certain tract or parcel of land and appurtenances thereto situated on State Route 666...containing 22.419 acres." February 4, 1992 John and Gloria Fink Page 2 Anyone aggrieved by this decision may file a written appeal within thirty (30) days of the date of this letter. If you have any questions, please feel free to contact me at your convenience. Sincerely, &Mi. NRda~ Amelia~. Patterson Zoning Administrator AMP / sp l:ti cc: Jan Sprinkle Gay Carver Estelle Neher, Clerk to Board of supervisors/ Reading Files NOTE: Zero additional parcel(s) One (1) by Tax Map, One (1) by determination * Parcel 18 of 1.84 acres is a separate parcel. .. t;.~ll,~ 'i'1 ~~. '1f1/ .)c~ ~~ , COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 2965823 ,.". "-.i "'--" j~~ (, {. ; ,_. . , .--.; ". January 27, 1992 James M. Johnson, Jr 305 Windfield Cl Charlottesville, VA 22901 RE: SP-91-68 James M. Johnson Tax Map 90A, Parcel 20 Dear Mr. Johnson: The Albemarle County Board of Supervisors, at its meeting on January 22, 1992, deferred the above-noted request for a home occupation Class B on 0.4 acres zoned R-2 and EC Overlay District. Property, located on the east side of Rt. 631 approximately 400 feet north of Pinehurst Court. This request was deferred to February 12, 1992, to allow staff time to receive a letter from the applicant requesting withdrawal. Please forward this letter by Thursday, February 6, 1992. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. s~~erelY' V. Wayne ilimberg Director of Planning & ommunity Development VWC/jcw ~ cc: Lettie E. Neher Amelia Patterson Jo Higgins f, ,. i "EO 6....-. ...-,~," FE Ij 3 1992 / - jo- tp;2. . ", :.;: _L:1.:?3:::..,. " 0/ ;.? . t / 1Z. I. d .> ~I. .___~__"_ ~.-'------ ..... , i" "'~'. .. ,,--, j-- t cJ~"'lS 'If. r J~ tn.s$>. J a . jO.j-/tJ,.';J/J-/j c~d "',. ,j C/;i?dollEd41 j/S,l tltr. ~c17()/ nt &.m..'I"'~ nc:PT r""w'S,.,,,,,,, IJ'" . .-, -. _. ;.,; :~' ~,~l I.~ ." ... ~. tJ. ItJAZI1L ~/;",jle;- . (J}il2.whtL ~ Il/&nl/l; .' fl;mllu'n,~ ju;vt1",,,,t /,to/ 7f:.J-yrf,f4 AIf"J ae-~I/g~/41 LJ#'. cJ~7t:J/ ~: is-(hi!. C!~j I-~ 7-7;4 C)/!-?/-i,3 J~~ Pl ~~ ?;x tp~ 9t}4, 4ecv/;J() cP&M- ~,~)..jU! : ;L11 JI<~a, :d- f''''€- ~ //"-?~ ~ ;pL,"! 'If U/j{/~ 7 _~J~m ~ 'j~ f)n~~ ~ ':1 ;rfd':J5 4""/ ~i.5 ~/j-/:n-t ,U/,fS 4?1d 15 /lo!- Jii,JzY I~~ /~. ffi /l AIM&. 0-1' 7 A-rlI'i-- ~ /~v ,q.1epd!.s.s cS,/#~~. ~ ) 'JJZ; ~Zf-k=.,J..w/15 ~/w/,4 ~,' tJ"/,h 44) ~ ~ ~ CPnJ?7 .L;V/II &~ /,t@~. /f( 'k/d7 /4J/uI v/- ;#,i ~Je C?r1I- - ;di.. /hl/'1i"j ~P1;J.5,i?H vo~j /, .r!~V?s-/ e::w" Md ff~()5/ W~,pnz-- . {!.fmi. 04&;of A/.;{J!. v.,;;..I-"J /i'i~i~/ "'7 /2~k$S/ ~tI oA-d{ 4ty ~rvJ t/. 7' .lPEy~D~ Ll/tJ~4 j~ 1fkvuJ '7 ;#b #~o/~Ee~h~.e.s. /J'5 {:flJt'>i.j #If- - p.;~ 06 ~tJtJli..11#/d.5/ ~./t;17tJq 12'i/1~ !40& 110 tJ~CM5 -r{7 .,. 19. p.. Et/fA4 14 il1dl/;rlu~1 ..tU/o ffi~ii 4;14/}1s/ /11& A)/?S 1101 ~~jU!- ~J W 7' ~~/ ~M1 jJ- /2U//UopJ ~ #dl'/'l./fM. ff~- ~.5r/ ;4 ";ewe o#c~ ,:;,;j tJdI AlE- y",q ,/"d"tt.RP6~s ..t-eJ;9Il i/fy I<Etjtt.t-sr /l#d dm 7;~ ~UY- A;Y/pm/,/ 4-/ ",,,,i- /H~;? ~::> /?/Y' ~~.?.?.5 AI L./ .:z:: ~--/- hC/W ~'1;,1 ~ .ExjXC// k 7',;}~ /e.p>4-. .z~ . /Is ,-/- ;L *" di9J':1 ~,~ ::IlL 5411fs- /~d. L"u:/ p~ d~1<o~ dfl"j'''J 0;;"1v>15. '1)9.,5 /flU- /15. J: /04 ~~fjp",,;/ ~i55'~ /?-5 ~ #.:> 4"5 ~s ztf,<;nT s.,d ,z- /l.-'I1 pi",! -zf ck/d'rl 9/?~z,,' ~~$-- k/ct:y ~~;,~ #-/ /H~ A";'" ~.&/d ~q4~ ~.v!hi . #".,-/ ck,-/d7 -U/;#' .d~ A'.5U ~ ~ &cd S~V r?5v ~~ -:7 hJc,--.s;/,% ck,&""/; ,-"5 ~.&':J 4..5~ k. ~ :i&.lkJS- -L- 4- ~d 4~ ~;?-~.. ~ . /If/l,"".j rill I /" //Ht.- ~ ~ -zf ~P7 d- ~v _d- ~$$- /115.J'/,5 :tT /UVv A5 C&mAs.u::/ t15 .J- hJm /J'/$:5 ?4~v A//~ ~:s l/n/;~ c5~'4~a4. ?;nwd' 1'15 j;~ hl~ c?ur dr:- ~ "'~~ ~~ // /Jl~k) /It? cS~.& 7fT /#b- .-L-/ 7;'q .4/-;>4 -I- /~ ~ iAffz:... P#z-. AI&-- ~~ p/ ~~eo~iZ-5 #fM .d~ ~7~- 1"/ ytt ..a/1:sI -# A),:d~ ,- f /h/6 oL~ ~- ,./ ~,.#, n",/ cA'7&- ';7 rs/~"ZV1. ~ /7c!? ~/ Distributed to Board: I -/1-q 'J- Agenda Item No. q;). OJ,},) / 4 Q...- . : -'-,.-., '_/ U (J " J:, "" ~ i'; ': i: 'SI~"W'- '.' ., ,j' t;'j'{f1!L ....; ...."- -.,.. .',~ c !,~?<fJ1f ./nH .-j Dep!. /i"",:,:' ,/':"-'.... l L/i .,; .-" COUNTY OF ALBEMARLE in:"' ,fL;N 1.: 1 of Planning & Community Developrrkirlt 401 Mclntire Road U :! J Charlottesville, Virginia 22901-4596 .; (804) 296-5823 :,' .\ January 9, 1992 James M. Johnson, Jr 305 Windfield Cl Charlottesville, VA 22901 RE: SP-91-68 James M. Johnson Tax Map 90A, Parcel 20 Dear Mr. Johnson: The Albemarle County Planning Commission, at its meeting on January 7, 1992, by a vote of 4-2, recommended denial of the above-noted request 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 January 22. 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, -" ,,/ 1 ,f. / '7 .~:::=::.., . .' ~ >iS~--' .~. C:-.. /V::-t.. ..- William D. Fritz Senior Planner WDF/jcw cc: ILettie E. Neher Amelia Patterson Jo Higgins STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ JANUARY 7, 1992 JANUARY 22, 1992 SP-91-68 JAMES M. JOHNSON Petition: James M. Johnson petitions the Board of Supervisors to issue a special use permit for a home occupation class B [14.2.2(11)] on 0.36 acres zoned R-2, Residential and EC, Entrance Corridor Overlay District. Property, described as Tax Map 90A, Section A, Parcel 20, is located on the south side of Route 631 approximately 400 feet north of pinehurst Court. Character of the Area: This property is in the Oak Hill subdivision. This property and all adjacent properties are developed with single family dwellings. The rear of the site slopes steeply down. APPLICANT'S PROPOSAL: The applicant is proposing to operate a home occupation in a proposed accessory structure of 1,980 square feet to be located as shown in Attachment C. The proposed structure will be used to store the applicant's personal belongings as well as construction material used in his construction business. These materials may include but are not limited to sheet rock, lumber, paint and tools used in the construction business. The applicant does not have any heavy equipment. A limited amount of final and prep work may occur on site. The applicant will maintain an office on site, either in the house or in the proposed structure. One employee, the applicant's brother, is currently part of the business. SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends denial of this request. PLANNING AND ZONING HISTORY: None available. COMPREHENSIVE PLAN: This site is located in Neighborhood 5 of the Comprehensive Plan and is recommended for Low Density Residential 1-4 dwelling units per acre. SUMMARY AND RECOMMENDATION: One letter of objection been received regarding this request (Attachment D). letter states that the use would be out of character the existing Oak Hill development. has This with 1 . staff will address the specific items contained in Section 31.2.4.1 of the Zoning Ordinance. The board of supervisors hereby reserves unto itself the riqht to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors that such use will not be of substantial detriment to adiacent ~roperty. The proposed use will involve the construction of a new building. This building will consist of a basement and two additional floors. (An alternative possibility is a basement and a single floor, however, a larger footprint would then be likely.) There is a steep slope behind the existing shed with grade of approximately 60% in the area of the proposed structure. The slope lessens to 35% near the rear of the site. The proposed construction technique will result in a building that appears as a two story building from the front and a three story building from the rear. Substantial fill will be required to permit vehicle access to the rear of the building as proposed by the applicant. No activity will occur on site that will directly affect any adjacent properties as the proposed use involves storage and a limited amount of woodworking. The physical changes to the site for the building and driveway will be significant and change the site's appearance from adjacent properties. Therefore, while the use itself will not be of substantial detriment to adjacent properties, the physical changes will be of potential detriment. that the character of the district will not be chanqed thereby. The average house size in the Oak Hill subdivision is approximately 1,100 square feet. The building proposed by the applicant is approximately 1,980 square feet (30 x 22 with three levels). This structure would be one of the largest in Oak Hill and would be significantly larger than the average dwelling size. The proposed building would also be larger than the dwelling on this property which is approximately 910 square feet and is a single level. Therefore, based on the bulk of the proposed structure, this use would change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance. The proposed use does not either directly forward nor violate any stated intent of the Zoning Ordinance. with the uses permitted by riqht in the district. This use will not interfere with any by-right uses in the district. 2 with the additional requlations provided in section 5.0 of this ordinance, The proposed structure will be approximately 1,980 square ~ feet. Section 5.2.2.1b. states: "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." This use will be of a scale that will make it one of the largest structures in Oak Hill. Home occupations are intended as subordinate uses. The size of this structure, dictated by the home occupation, would dominate the site. This use is not of a scale which is consistent with Section 5.2.2.1b. and with the public health. safety and qeneral welfare. The existing entrance to this site is adequate with the trimming of some vegetation. The proposed building, however, will significantly intrude upon critical slopes. While the use itself should not be detrimental to the public health, safety and general welfare, the physical alterations are significant and affect critical slopes which are specifically regulated in the Zoning Ordinance. Summary The general intent of the home occupation regulations is to limit the activity to a point that it is not apparent that the use is occurring. Although this use will involve only a limited amount of traffic due to only one employee coming to the site and the level of activity on site should not adversely impact the use of any adjacent properties, the proposed building is larger than the average dwelling size in the area and the proposed construction will occur on critical slopes. Staff opinion is that the physical changes on the site necessitated by this request are not consistent with the provisions of Section 5.2 and that the character of the district will be changed due to the bulk of the proposed structure. Therefore staff recommends denial of SP-91-68. 3 . Should the Planning Commission and Board of Supervisors choose to approve this request staff recommends the following conditions of approval: RECOMMENDED CONDITIONS OF APPROVAL: 1. No materials or equipment shall be stored outside; 2. Building shall be located as shown on a plat initialed WDF and dated 12/18/91; 3. No on site sales. ATTACHMENTS: A -Tax Map B -Location Map C -Accessory structure location as proposed by applicant D -Letter of objection 4 . ~-:--.:...=.-.-- IATTACHMENT AI ALBEMARLE COUNTY ,~ .. SP-91-68 Tax Map 90A-, .. James Parcel M. Johnson A20 f 0 OAK HILL SECTION D.a360PQ.I05 REVISED 0.B.391 1'\1.483 REVISED D.B 3961'\1.291. REVISED D.B.401 1'\1.228 (D OAK HILL SECTION 2 D.B.362 1'\1. 22 REVISED D.B.398 PQ.317 REVISED OA405Po.433 LOTS .., 0 ~LOtx j,' 0.8.441 PII' 293 \ LOTS lOA-II BLOCK B 0.B4681'\1.85 '-. \. , '. ) , , ./ " , " . .-" " 'r , - ~ <21 , . Ut: 'OAJ - ID .- ,. '- - !--IH \. , .-"..... .r .. -~----"\ ..... ......-...... -' ... .. ..; '......U.LI ".. .;'r_...J. ..100 .., "0' .u' IF,.-' I SCOTTSVILCE DISTRICT. ~- ---~-:----...'..... "-~_-l ..., ;l.. .....,........ ---' .. ... I' 3 -\-_.'. ..-' --5ECTIONi::..90A' ':".: ~~ -' -('- _r' - ~~...;-~. .'~ ... -. . . __-......'T:o........-__=.....:..d~... +..i- .._...- - __ .:-.; - . J' co!""O ',;; [fur .c<)/' ~/ 0"'0 't- to" D.Y"!I~Ylll. f \. '\ ::1) {i: \9;. I , \< oM' \ .~?\ , \' rITD\i :.. 1;/ ~ G--t-" -v.--t- ..... ,f6lOl , ,,-,../"~,...T'- -.- \. ~~ I~~ \. .. SP-91-68 ~- Tax Map 90A~ ~ ~ " t-~1'l. ,,' <' ! sY. I \ ~ \, I I, ,-, "-' ~~i'. 0- ,,-' " ( ~"'t"'~, , " ~ ,/~J f ~. ;"'EiID /" " / ~.- ~ $( K..n. , 0' ~ \ Bunglelown '_~ ~l , _ -/i. C:J~" ~ f ~,. r7I'r:1. t.' " ~ -.) o c., Po"". / 'i>" ... rlll~ r.rIl1IFIF.~ IIIAI on ( IINO !MPfWVEMENTS AI A" SliuWN ON . ,S PLIIT. . .4-db CL ())( 'S IEPCO R/W: 0.8.369 P. 284 V. T.8 T. R/W: 0.8.368 P. 140 RfC(/d 'J TIIF. I'fWI'Ff\:ry (~II( -; ~) ~ IIFlirml, I c' 'qVFYUJ \ 1 U{)N!) LOT 20 r.M. 90/1 -1-/1 . 5,73G.5 SO. FF. LOT 19 . 1020 P. 7' .,...-...-..--.__...~.-.-.'.--....-f J~"o'~ ; <,,9'(.yJJY.l t ~ I ' , /J( OCK ~ l.L... . vj~I''''" I ~ I~ 17' / ONi: S lOllY (,IIIIME S . " 1-- --I .10'/JL.DG. tIN' N71'42F 80.00' '-- IATTACHMENT cl ----.. -----... Qj ~ l;; LOT 21 22 _4' ----- -f---- ." ." > I ;{ , " , I __~-:-f-~', ._--=-:T-=--=---==~~~.===_----+ ._~~~___-:=--=:-====-----=-__ STATE ROUTE 63/ SUBDIVISION PLIIT : 0.8. 391 P. 48J SUBJECT PROPERTY LIES WITHIN IIUD FLOOD ZONE C. (NOT A FLOOD HAZARD AREA) PLAT SHaWl NG (OLD) PHYSICAL SURVEY OF LOT 20, BLOCK A tJ~fllf3!I1\ OAK \:J.. ALBEMARLE COUNTY Gar y M. Whelan S C II L E : 1"' . 30' Land Survoyor C h (1 ( { 0 , f fl S v , II (l I V,i r Q ill; (1 HILL VIRGINIA JUNE II . 1990 119?1 to IATTACHMENT 01 December 10,1991 County of Albemarle 401 McIntire Road Charlottesville, VA 22901 RE: Home Occupation Request for Mr. James Johnson Tax Map 90 A Parcel A20 Scottsville, Dist. Dear Zoning Administrator/Planning Commission/Supervisors: We are requesting a denial on the above request . We are one of the adjacent owners and have a residence on it. It was at one time our residence and now is a rental property. Some of our neighbors then still live in the subdivision. We have done our utmost to have responsible tenants to protect our friends and neighbors. I don't like asking for this denial because, Mr. Johnson has been a fine neighbor and has enhanced the appearance of his residence since he has purchased his home. His home which will sit in front of the new construction, is a ranch of approximately 750 square feet. The building he proposes to build is 750 sq. ft. on three different levels. I think the building will be out of character with the subdivision of Oakhill. Because of the topography Mr. Johnson has been having fill placed in the area where the proposed structure is going to be built. Currently two floors of the structure would have to be built below ground level. Without specific plans on file it is difficult to determine what the end result will look like. It is very difficult to imagine a 2 story building placed on a basement being in harmony with the area. I am assuming the driveway will be on our side of his home and I am concerned how the driveway into the property will affect his appearance along with our property. Lots in the Oakhill Subdivision are in the neighborhood of one third to half acre on a septic system which does not provide adequate space for a additional building this size in a residential environment. It is my understanding the Special Use permit goes with the land not the applicant. Therefore one doesn't only have to be concerned with Mr. Johnson maintaining a neat place but all owners to eternity. The policing and complaints could be resolved now. It appears this would set a precedent for other owners in the Subdivision to potentially want to do likewise. Values, attractiveness, and quietness the neighborhood offers would begin to deteriorate if this request is granted. It is our understanding there are no lavatories or water facilities scheduled for the structure. I bring it to your attention a survey was mailed to Oakhill residences recently. Evidently some owners are experiencing septic difficulties. This could potentially eliminate the properties capability for another field if it would ever be needed. I have witnessed a similar structure (shall we say warehouse, storage facility ) in a residential area in Pennsylvania and I can assure any member of the above you would not want this built next to you. It had been done neatly and is well maintained but it overpowers the adjacent quality of life. . - 2 - IATTACHMENT D, Page 2\ Being in Real Estate the location doesn't appear to justify the investment. It is my understanding there is the possibility the building may not be approved by the County Building inspector. My recommendations to Mr. Johnson would be: build a garage on ground level with a below grade level workshop, storage area, eliminate the Home Occupation Permit and I don't think he will have any problems with his neighbors. Build the size structure he is proposing and then remove the existing residence on the property. Last if permitted, build what he has proposed without the Special Use Permit. Let's continue to build the quality of life Albemarle is accustomed to. Any further questions can be addressed by mail or a call at my residence at 973-6300. ~c?~ Lou & Norma Kr~~ /!...~ .;'17LcU ~1,~J Norma\C. Wilson ( Kramer) RECEIVED DEe 11 1991 ALBEMARLE COUNTY ZONiNG DEPARTMBfr , , , '._1 Edward H. Bain, Jt Samuel Miller 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 Bowerman Ch.-nlollesville Charles S Martin Hi\,'anna Charlotte Y Humphris Jack Jouett Waller F Perkins White Hall M E M 0 RAN DUM FROM: James Heilman, Registrar ~ ) Lettie E. Neher, Clerk, CMC~ TO: DATE: February 18, 1992 SUBJECT: An Ordinance to Amend and Reenact Chapter 6, Elections, of the Code of Albemarle, in Section 6-4 entitled "Voting Precincts--Rivanna Magisterial District. At its meeting on February 12, 1992, the Board of Supervisors adopted the following ordinance: An ordinance to amend and reenact Chapter 6, Elections, of the Code of Albemarle, in subsections (a) and (d) of Section 6-4 entitled "Voting Precincts--Rivanna Magisterial District, to change the words "Shadwell Creek" to "Barn Branch" in the description of' the boundary between the Keswick and Free Bridge Precincts. Attached is a copy of the ordinance. As you had requested, the metes and bounds description will now be published two times in the Daily Progress. LEN:bh Attachment cc: Robert L. Laslie, Municipal Code James L. Camblos, III Commonwealth's Attorney , o R DIN A N C E An Ordinance to Amend and Reenact CHAPTER 6, ELECTIONS of the Code of Albemarle, in Section 6-4 entitled "Voting Precincts--Rivanna Magisterial District BE IT ORDAINED that the Code of Albemarle is hereby amended and reenacted in Section 6-4, Subsections (a) and (d) of Chapter 6, Elections, to read as follows: Sec. 6-4. Same--Rivanna Magisterial District. (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/- Fluvanna County line to its intersection with the Rivanna River; then meander- ing northwest with the Rivanna River to its confluence with Barn Branch; then northeast with Barn Branch to its origin near the ridge of the Southwest Moun- tain Range; then northeast with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. * * * * * (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its con- fluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain Range; then southwest with the ridgeline of the Southwest Mountain Range to its intersec- tion with the origin of Barn Branch; then southwest with Barn Branch to its confluence with the Rivanna River; then meandering west with the Rivanna River to its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. * * * * * I, Lettie E. Neher, true, correct copy of an Supervisors of Albemarle February 12, 1992. do hereby certify that the foregoing writing is a ordinance unanimously adopted by the Board of County County, V~~~la eting held on Clerk, Board of County Supervisors ~ 7' C") 10 Ek~rd: ~ '.' 0,/) /, "' - .. ... /' .1. "':'. -'-!.... v ;;;>.2- ~j t: l.~ :.__~ r'l T { :-! r ;',,:"IHi"'1 (' , ,- - L.. COUNTY OF ALBEMARLE Office of General Registrar 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5863 '" .' U t. L~C S: MEMORANDUM From: Richard E. Huff Deputy County Executive ~~ James M. Heilman ~'{> General Registrar (~ February 6, 1992 To: Date: Subject: Amending of County Redistricting Ordinance As we have discussed, we have recently discovered a typographical error in the County redistricting ordinance adopted May 15, 1992. By this letter, I am requesting that the Board of Supervisors amend and reenact Section 6-4 of the Code of Albemarle in order to correct this error. The error lies in the delineation of the boundary line between the Keswick and Free Bridge precincts. Where the ordinance now refers to "Shadwell Creek," it should refer to "Barn Branch." While the boundary 1 ine did in fact run on Shadwell Creek as of the 1981 ordinance, the line was moved about two-thirds of one mile to the east sometime in the mid 1980's to run along Barn Branch. When the 1991 ordinance was being prepared, the earlier version was inadvertently copied, thus creating the mistake. In fact no change was intended to be made in the Keswick-Free Bridge boundary line, and thus the 1991 ordinance should have referenced "Barn Branch." The correction requested here will have no effect on voters nor on the popula- tion figures used for the current precincts. The few voters lying between the two creeks are correctly registered in the Free Bridge precinct, and the precinct population figures used in redistricting and submitted to the U.S. Department of Justice correctly counted the population in the Free Bridge precinct. Speifically, this request is to change the two references in lines 5 and 6 of Section 6-4(a) and the two references in lines 8 and 9 of Section 6-4(d) from "Shadwell Creek" to "Barn Branch". Please let me know if I can answer any questions concerning this request. COUNTY OF ALBEMARLE. _ JIl'f-'-' ~ 00 ~ r-....'" "":':1\ ,-_. '{~~ 1i' ii_11~.._, ~:; ;~ ~EB 6 1992}J "'\ .. "-. -..... -,"..~...,,-.,.....~.... iU, '. -Ji1;;:,t;i t ,;,:',-J .:!Ji t\-""~'~ EXECUTIVE OFFICE o R DIN A N C E An Ordinance to Amend and Reenact CHAPTER 6, ELECTIONS of the Code of Albemarle, in Section 6-4 entitled "Voting Precincts--Rivanna Magisterial District BE IT ORDAINED that the Code of Albemarle is hereby amended and reenacted in Section 6-4, Subsections (a) and (d) of Chapter 6, Elections, to read as follows: Sec. 6-4. Same--Rivanna Magisterial District. (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/ Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the Rivanna River; then meandering northwest with the Rivanna River to its confluence with Snaaweii-e~eek Barn Branch; then northeast with Sftaaweii-e~eek Barn Branch to its origin near the ridge of the Southwest Mountain Range; then north- east with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/Louisa County line, the point of beginning. * * * * * (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of- way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its con- fluence with Redbud Creek one thousand feet south of its con- fluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain Range; then southwest with the ridgeline of the Southwest Mountain Range to its intersection with the origin of Sftaaweii-e~eek Barn Branch; then southwest with Sftaaweii-e~eek Barn Branch to its confluence with the Rivanna River; then meandering west with the Rivanna River to its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. * * * * * COUN1Y OF ALBEMARLt o ~E::J~~ hPR 17 '992 100 South Street West/Post Office Box 617/ Charlottesville, V A 22 _ ~. tk-. 4 To: Lettie E. Neher Li..}J.,!-{l.) Uf- SUIJER\,flSOE($ Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, V A 22902 The oserver Legal Notice #0021-92 I, William L. Lescure, certify that the following legal notice, Re: Public Notice, was published in the Charlottesville/Albemarle Observer. a newspaper published in Charlot- tesville, Virginia, and appeared in the issues of April 2 and 9, 1992. Commonwealth of Virginia At Large Subscribed and sworn to, and acknowledged before me this 9th day of April. 1992, in the City of Charlottesville, Virginia. NOtaryPubliC~ -,1.~ My Commission expires: ~ (3/r /C}c;S- ------------------------------------- Please detach and return with payment Legal Notice #0021-92 Printer's Fee: $ Billed to Advertising Amount Paid: $ Mai I to: The Observer P.o. Box 617 Charlottesville, VA 22902-0617 1 ADVERTISEMENT CHARLOTTESVILLE OBSERVER Please render bill to: Albemarle County Board of SupervisorsJ 401 McIntire Road, CharlottesvilleJ VA 22901-4596J Telephone 296-5843 Please run on the following date(s): April 2,1992 Special Instructions: April 9, 1992 Three column width - no deeper than necessary to keep language readable - County seal in upper left hand corner. **We will need a \ ~ ~ertified copy aft~r publication Recei ved by ~- -~ c~\ Time \ \ .00 Date ~/ 31 Jq 7- I /'" .-' . '. ~r r;:'l ~..~ ;? ,. ~'\ i ApDroved h\; ;....'.'" , -' '~J?-.~. ~:.11 q 11/2-11 . g (J i..f ,,/ ,"'7/11'../ (;"(1.1[-//./(.', COUNTY OF ALBEMARLE ',/ (" i~' /' MEMORANDUM L'F\~ ;) 1;:'.:11 I: I TO: Albemarle County Board of supe~fs\ors.' . " FROM: V. Wayne Cilimberg, Director of Planning Community Development an0uJG DATE: December 4, 1991 RE: Request for Inclusion in service Authority Jurisdictional Area - Covenant Church of God On February 13, 1991, the Board heard a request from the Covenant Church of God to include Tax Map 46, Parcel 22 in the Jurisdictional Area of the Albemarle County Service Authority for water and sewer service. Attached is the February 8, 1991 staff report for that request (Attachment A). The Board denied the request for a public hearing at that meeting. The Covenant Church has resubmitted the same request with supporting justification (See Attachment B). In summary, Mr. Muncaster's reasoning on behalf of the church is that the parcel to be served is part of a very limited area that could be developed between Ho11ymead and the Urban Area due to the restrictions of floodplain and topography. He also argues that the reason this parcel is not included in the growth area is because it is part of an area with very limited development potential. Therefore, Mr. Muncaster feels that providing public water and sewer to this parcel would not undermine the intent of the Comprehensive Plan in this case. Staff recommendation remains as presented in its February 8 staff report. While development potential may be limited in this area, it was purposefully not included in the growth area due to the decision to retain the area between Route 643 and the South Fork Rivanna as a buffer. Consistently, staff has recommended that any area not in the growth area not be included in the jurisdictional area, particularly because public utility capacities should be reserved to support development of designated growth areas. We/mem cc: Tom Muncaster Bill Brent '" ~=-C=:C::::=:=::_::=::==:_::=:==:==::::--i I~JI'W'~ II Muncaster i j DEe fa _ IIEngineering & II I I. Co mp ute r II PLANNING DIVISION t Appl'ications :! r....-..-...-.-.-.--.....-..........-...---.......:::~:::::.~~:~::::::::~:.:::::::::::::::::::~:::::::i::::.:::::::~:::::i:::::~::~:~:::::::::::=:::~=:~::::::::::':J......_..._.._1l::.:.:..:.:..........=......, ..IA IT A C H M E NT B. I 3 3 8 R! 0 R 0 a d r....-.-.........-..-..I I I...._...-..................-.-..........-......=-~..~...~.-~...~.1~.j..~_~._1.1~.1.~....?.2~........:..:..=-...~..~_....J~:::;;:;::;~:..::::::L....J December 2, 1991 Mr. V. Wayne cilimberg, Director of Planning & Community Development Albemarle County 401 McIntire Road Charlottesville, Virginia 22901 Re: Covenant Church of God Dear Mr. Cilimberg: I am writing in regard to the Covenant Church of God (Tax Map 46 - Parcel 22D)'s request to be included in the Albemarle County Service Authority's jurisdictional area. As you stated in your February 8, 1991 staff report, the Comprehensive Plan is "inten- tionally specific in objective and strategies as to where and under what circumstances public utilities should be made available: OBJECTIVE: Provide public water and sewer services to the Urban Area and communities. STRATEGIES: Follow the boundaries of the designated Growth Areas in delineating jurisdictional areas." The Comprehensive Plan's reasoning behind that strategy is that "such utilities are not to be extended to the rural areas as these services can increase development press ures." The develop- ment potential does not exist in this case. The flood hazard overlay maps clearly show that there is no developable land between the Hollyrnead Growth Area and the Rivanna River until 4,000' down Route 643 from Route 29. Everything else is in the floodplain. As a matter of fact, a detailed flood study was done in this area and virtually everything is in the floodway, which as you know, prohibits all fill under any circumstance. The total area bounded by Route 643, the South Fork Rivanna River, Route 29 and Powell Creek is approximately 200 acres. Of that total, 120 acres is floodway. There are just over 30 acres which are not part of the church property, not in the floodplain and beyond setback requirements. A significant portion of the 30 acres would be unbuildable due to critical slopes and the align- ment proposed for the Meadowcreek Parkway. . .., V. Wayne C.ilimberg December 2, 1991 Page 2 The church property fronts on a road which is the southern bound- ary of the Hollymead Growth Area and the back of original tract abuts the boundary for the Neighborhood 2 Growth Area. Why then is this property not part of a growth area? The answer is found in the Comprehensive Plan which states: The area between the southern boundary of Route 643 and the South Fork of the Rivanna River to remain in an open state as a buffer between the urban area and the Community of Hollymead. This boundary is critical as it preserves the distinct identity of the community from the urban area and prevents continuous development from the City of Charlottesville up Route 29 North to the North Fork of the Rivanna. This area is included in the Rivanna River Greenway Corridor and provides an opportunity for passive recreational uses. Again, please look at the flood hazard overlay. You will find that the lOO-year floodplain and floodway accomplish the stated objectives of the Comprehensive Plan, providing a buffer and opportunity for a greenway corridor. I staff said that they were aware of the limited opportunity for growth in this area and that was one reason why this property was not included in the Hollymead Growth Area. Yet, the Comp Plan says "utilities are not to be extended to the rural areas as these services can increase development pressures". This puts the church in a position where it can't be included in a growth area and have utilities because there's not enough area to develop, but at the same time, it can't have utilities if it isn't in a growth area because too much may develop. How can it be both ways? If there isn't enough developable land to be included in a growth area, there can't be an increase in development pressure, and therefore, utilities should be allowed. This request is consistent with the reasoning which supports the strategies and objective of the Comprehensive Plan for provision of public water and sewer service. Finally, according to the Rivanna Water & Sewer Authority, the sewer which the church would be connecting to (Powell Creek Interceptor) was originally de- signed to include the church property and has plenty of capacity. Thank you for your consideration of this request. Please let me know if you need any additional information. Sincerely, LJ.<i~~ W. Thomas Muncaster, Jr., P.E. Attachments Edward H Bain. Jr. Samuel Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 Charlolle Y Humphns Jdck .Jouell David P. Bowerman Charlottesville Walter F. Perkins White Hall F R. (Rick) Bowie Rivanna Peter T Way Scottsvill<! November 11, 1991 W. Thomas Muncaster, Jr., P.E. Muncaster Engineering & Computer Applications 338 Rio Road Charlottesville, VA 22901 Re: Covenant Church of God Dear Mr. Muncaster: This will acknowledge receipt of your letter of November 5, 1991, on behalf of the Covenant Church of God in which you request that a public hearing be set on the addition of property to be served by the Albemarle County Service Authority. You did not mention whether the request is for water and sewer service, or water service only. This matter will be placed before the Board for discussion at its meeting on December 11, 1991, probably at some time during the morning part of the meeting. I will be able to give you a better estimate of the time after that agenda'has been prepared. Any justification for the request should be submitted to the Planning Department by December 2 at the latest. ~l~~ Lettie E. Neher, Clerk, CMC Board of County Supervisors LEN:mms cc: V. Wayne Cilimberg . C.HA'~lO'7"7'~UILll2= eAST I", I =;!..C>~ ~;.,i, "~~~sm . o JAMES 'L'~'C'~uA"'L'rJYI.~~>p,~~J:1.~c.o.~..,." 723 ..' VER.SiATE"lOEoi:'OOiSi"::<V" ./ !5J60 'If NW (cARL YSVILLc:J 725 ,9 => "cP ~/ 726 ~ rr.~'1 ',' '5""") .. .0' c::::::;:- ',-- ". ." /-/. :--'.~.. ~f~;f;(/ .c.:..Z~ . 6'. . . '"' ,,' -:::; .' I <;"'('.'. A /~o ;~-'l 0 /;0 // /; , /1, ^ E; , J" ; / / i .:~ '-"<>" "\ /y' "/ '''<:~\.."" ,/ . 335 N QI e.o ~ c:l. r\ ) '. o \ "" c.. ~ ~ QI '" :::::l "t' C .:3 QI e.o ~ :> "C C ~ ~ .c ::I E E o u .s >- CJ ~ QI CJ l/) \ c::::::t !- l-/ ./ ,...". --' /' Map 22: COMMUNITY OF HOLL YMEAD ~ow .....-~.... -- .~.. " . "'~f'I'~~,."ir.-~ .'~~.. ,r ""\', p.7".,Q. :;Y-~"f.' ~-.:;:::.-~;; ::::;;.:'--- ij:;-- ~ It ~ ~ . )0. ~ :,~ ~ ---- -:::::== -=-- --;::::; ~-~::::::=::; II o. II // ~ -? 'i' " ~ ~,.... \, 'i' ~.::::.::::-- '} r - '" '" ""\ '= = "" Q l'<) f\l =..J '\.\J ~2 <( ~ , " -0 g II ",7 / ~ ~ 1- 1- 4- ===:::."""~ ~ \\ II II II II /1 II " II It o-oJlo__ 1\ . II 'I 1/ II II '- II - /I ~ II 0.. II \\ \\ \\ 0--... > / . / ... i . ~ . . -. ..---... . "Cj)}~W .t o-"'>:7.;c;;', ", ~:.<;\: ,,;,- '\ . , " \ ! ~ ! \1. f'" o o o ~ .c. ~ ~ .\ / ---~ /.0 ~...- // (( II ~==~==. -7/" 0 // II II (( ~ ~ 00 ( f ( . ~ " . r=V(ST/~/ , . S E"wErL // , /'-- 25 / ~ "' .9 ~ I ./ ,/j <~p ..i-I,VICE) 21 I.\S"\:)- :::J 0\ )43 I " _~\. = foOD' . ' Muncaster Enc:rineering & C;omDuter Applications 338 Rio Road Charlottesville, VA 22901 BQ ~--:9 78.-'7 879 I'l ovember ~" 1991 Mr. Rick Bowie, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901 Re: Covenant Church of God Dear HI. Bowie: As agent for the Covenant Church of God, I am formally requestinq a public hearinq to petition the Board to include Tax t1ap 46 - Parcel 22D in the Albemarle County Service Authoritv':::, jurisdictional area. We would .;:mDreeiate beinCl Dlaced on the Board's Floenda (:1~::} soon as D();3.s1.'ble. Thank you for your consideration af tDlS reauest. Please let me know if vou need ,3.nv ad\Et:i.anal 1ntorrnar'l()n. Sincerely, /J .\J?L- 4 W. Thomas Huncaster, Jr., P.E. IATTACHMENT AI COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 MEMORANDUM FROM: Albemarle County Board of Supervisors V. Wayne Cilimberg, Director of Planning andft,\C/ Community Development UUJ TO: DATE: February 8, 1991 RE: Request To Amend ACSA Service Areas To Provide Public Water and Sewer To The Covenant Church of God (Tax Map 46, Parcel 22) In June, 1990, the Board of Supervisors approved SP-90-35 Covenant Church of God to allow construction of an 800 seat church on this property. At this time, the Board is being requested to amend the Albemarle County Service Authority service areas to allow public water and sewer service to this site without restriction (request attached) . COMPREHENSIVE PLAN: As was noted in the special use permit report, this site is in the Rural Areas as designated by the Comprehensive Plan. Regarding provision of public utilities, the Comprehensive Plan is intentionally specific in objective and strategies as to where and under what circumstances public utilities should be made available (p. 146): OBJECTIVE: Provide public water and sewer services to the Urban Area and Communities. STRATEGIES: o Follow the boundaries of the designated Growth Areas in delineating jurisdictional areas. Albemarle County Board of Supervisors Page 2 February 8, 1991 o Only allow changes in jurisdictional areas outside of designated Growth Area boundaries in cases where the property is: (1) adjacent to existing lines; and (2) public health or safety is endangered. This request is inconsistent with both the objective and applicable strategies of the Comprehensive Plan. There are no identified quality or quantity problems with water on this property that staff is aware of. Further, the Comprehensive Plan warns that "such utilities are not to be extended to the Rural Areas as these services can increase development pressures" (p. 146). In the special use permit report, staff suggested that this project was of an urban scale and orientation and would be more appropriately located in a designated growth area. Currently, the Board is being requested to provide urban utilities to the site. It should be noted that the applicant has stated that "approval of this petition would also preserve acreage for much more practical uses than drainfield" as well as their position that "the governmental disposition towards this parcel is commercial." Should the Board provide this site with public utilities it could enhance argument for further development in the future. RECOMMENDATION This request is inconsistent with Comprehensive Plan objective and applicable strategies for provision of public water and sewer service. Public utility capacities should be reserved to support development of designated growth areas. Allowance for water and/or sewer services to this property would be inconsistent with past actions by the Board to l"imit utility service outside the designated growth areas. Staff recommends that public water and sewer service not be made available to this property. Should the Board choose to approve the applicant's request, service should be limited to the 10.3 acres to occupied by the church and further limited to only the church building as approved under SP-90-35 Covenant Church of God. VWC/jcw ATTACHMENT THE DIVISION OF THE LAND DESCRIBED HEREON IS WrrH THE FREE CONSENT AND IN ACCORDANCE WI.TH THE DESIRE THE UNDERSIGNED. OWNER. PROPERTIES AND TRUSTEES.. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. IRON SET NZ\O OZ' 50"E NOTES: I. PARCEL A &. THE RESIDUE EACH HAVE A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES LESS THAN 25%. 2. PARCEL A DOES NOT LIE WITHIN THE 100 YEAR FLOOD PLAIN ACCORDING TO THE FLOOD INSURANCE RATE MAPS. PAR 10.3 0.8. : 0.8. I APPROVED FOR RECORDATION IRON SET v~~ ,1~~'~ DIRECTOR OF PLANNING .' ~ T.M. 46 - 22 FREDERICK &. GENEVIEVE MORSE 0.8. 231 - 45 , 49 PLAT 0.8. 639 - 544 HWY. TAKE RESIDUE = 71.927:1: ACRES SHOWING t CONTAINING 10.30 ACRES K & GENEVIEVE MORSE PROPERTY t ABOUT 1./ MI. E. OF U.S. RT. 29 ~OUNTY , VIRGINIA DA TE : 6-27-90 FOR REV. : 7-2-90 ~H OF GOD ~ Y &. ASSOC. , INC. 'ESVlllE , VA. 0'''0 ~~?t...a k~.q:cn~>- cnV).o-~ _~CI)....a...l4. ~~~~~~ ~~~~~~ :x:~e:~~: ~lt-a~ "'''' CD ::tOW..... ii:l.lJ'lI(~~O UOIl)>....1- ~~~UJCI).... Q~~~j~ ~~~~.q:~ oq~~i".:8 ...l<ll(~~~Q ~! ..004: ....Q~~~"'l ~~~~~~ :2:~oS~~ akJf;1,,-ollJ _CI):z. "",a: ~8~g~~ a ~...",!;j...; .........<.I~..'" :z:\tJo::t Q.,Q ~~~~e~~ .........~....~ ~~~~e~ ... 8~~V)i V)~Q~"" ~ _.... '< :It ~~~~o _Oa:::>luJ: ~~~S~g :i-\U~CI) O~oa::~~tf.l .."J""40"-\u'< ~t~~~~ ~~6~S~ ~2~a:;~~ ..Jl.l.l\U........o U)~C[~~~ ~"I("I(.....<- j::~~a:Qg ~~~~~c =>o(~\U~1.lJ o\U'<~\Ua ~~Q~~ffi l.lJo!!!...J:t~ ~....~~~: Q........"'~o ~~<.I...o~ ~~~~:!;!!! \Uct\U~~"" ~~:!;~~~ Z .<1 . J: J: 0~1- ci~wWN3 w- 0:: 0 ClCl~OO::...J 5Wo::::Ew...J oQuwE;4: >4:1- ...J ffiON;:;~d J:O::zwo~ I-W<1O::...Jw ~~~g~6 u.g; <14:Vi ~u.~I-::EW wWOO')O:: I-lD...JZ4:W o 0')0 J: Z~4:Cl~1- ~::E~?;:i4:~ ::Ew4:J:cnJ: 4:6U.01-~~ Vi ClU- LLlwO')W4:W UCl:I-Q 0 0') Cl:WO>r--W <1:1:...J0 .Cl: [l.1-<tg:~~ cieri :.:: I- U 4: wOlD...J 1'">...J0[l. N;;tl'">- I:LII'- lO . to I <tl!)-lD .Cl:ellell ~Werilll I-t;jc:ieri [l. c:i 0') W I- o Z ::E => ::E ~~ ::EW <1...J ~~ <10 J:...J XUl uX 4:1- w~ ~<1 ClW -0:: ~4: O::u. wO J:. I-u. ..,vi 4:8i ...J01ll W .N uOZ Cl:1'">4: 4:u.J: [l.01- 00 00 :;;0 ~~ W zX II- t:o ~I- w'" :::i;?; I-~ 00 zu . UlUUl w4:~ g;?;::E <1w ...JI- [l.<1 ClO:: 4:8W ...J...Ju wu.::i Uo::Cl: Cl:<1=> 4:WUl [l.>-;?; oJ (IJ r--.Cii 2'~ Will W : W Cl' I-;:!; '-- 5[:;~!2~ ol..Oz~c,., u.~0r--r-- zl(ioccncn ~Z 1: 5 ~ ~ ,,' ~ /f ~ "-I ,/~ ,l~ ~,,' (;) c;y \>l b '" N '? N z ZI- Ow !EUl Z o F= <1 o 0:: o U W 0:: 0:: o u. Cl W > o 0:: [l. [l. 4: r-- III cD ~ c::t .",<t ..-IU<t<t W<(I"? 00 i<i~ 0::: r0 N lD <t.O a:ia:i Q.. _ Cl Cl ~~ ~ ~. <t o u) ~ <t I'"> r<i ell. ~ ~ ~ (IJ Z >- I-(j) ffiN 0..' (1)01- wo::O:: 0:: 0.. . Uw~ <((I)::l 00::lL. 1"000 O~ ,<I: -Ww~ C.!)>-:C.!) ~w~O:: Z- - ,n - > -; > 'J<(W- ~I-ZI- ~ ?:Z~::>>- OO,-,Ot- IUodalZ (I) ~ <( ::l t-<(G ~8 <(-IOCI"0W -IWW'<;f"-I 0.. UOID 0:: 0:: W . <I: <(0::1-~ o..l.L.O::W l.L.w....:5 OI(I)....... I- -0 >-l.L.Z 0 WOO N > O::ZO ::lOW (I)_I- 1-<( o::U 00 0..-1 <( I'"> 52 " ZI- ~ fl' ~ ~ 4:~ O::J: lL. U)LO f"l') 52::i <t (D .ZI- Ow !EO') !1l ~ S"<t Nr-- .ui (IJ- 01'"> Ul ~ W 0::1-::'::0') 04:4:W ::E...J1-5 w[l.~4: ~~~~~ I G; .<t~ lD~~~r: V C> 1 I " :;i"-ell ~:,::~I'">~ !:! . III Cl 0:: lD . Vi wc:ilI!W ~ ClCl: 0:: u. o 0(0 r-(j) ~~ Wr!- w. 1-> <l:W 00:: ro 0:: o u. o o l!) u. o J: U 0:: :::> J: u u ;?; ~ci g> 0') . O')W 4:...J ..~ >-0') 4:W Cl:~ 33 ffi~ l!)X OU 0:: I- 4: .J u:.::[l. lDO::r-- N5N I Uw 0 ~:i~ ~ ZN ell ~J:o~ " \" t- ..., cD t1 B\~ ~::i;5 : OJ a:: ' ~ :i ~ --.:. ;r~'~ lD W -I <( U (I) t- 4: ...J lD<1ell[l. NI-<t NI-IDO 1~lg lOL>~1 <t::!<t- . lD ~cia:ilD I-U:c:ieri ci " ~ ., . Covenant Church of God January 11, 1991 ..__ .~..-~ -_.-.?..,.,,-:'\t.-..--..n''''''lF.-......."tI~ , "I ;.~'4'~ ~ ~.':..:~~.:.;..t ^.~~J~.~t ?}r-4:'~ '.- "~,,l:. .J'"i i>>'::iq1 ~~.' . , .;) ~ i ~"J,; \ !-):. : e I '. e.; I ,:.~w 'iI .~. ,7 I{!'~,. \.'\'1il;."",~;~.~; \.~' t~t.'.., i. I, t t" 1.,' : i:.>,,,:.1) ~:$S.' '8~. 0 . . , ! ",!.\ (,:>,,1) .~-. I l~\'t,' , 'dU., ;;~~ ~. . JAN 14 1991 Mr. F. R. Bowie, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901 PLANNING DiVISION Dear Mr. Bowie: Please accept this petition as a formal request to include TM 46 Parcel 22 in the jurisdictional area for public water and sewer. As you are aware this property has been approved for con- struction of a church complex. Included in our purchase of the property were easements to the public sewer which runs adjacent along' the eastern boundary of the above cited parcel. Less than 300 feet of natural fall is between our boundary and the sewer line. Our petition incorporates historical studies of the county growth plan, even back to the 70's, which anticipated growth parallel with sewer and water lines. The sewer line is already installed. Forest Lakes' plan anticipates southerly development approaching Route 643. In addition, Meadow Creek Parkway, which is part of the Comprehensive Plan, will certainly dictate growth. Approval of this petition would also preserve acreage for much more practical uses than drainfield. It is noteworthy that the Tax Assessor's office has designated 8+ acres as being taxable--non-agricultural, which indicates that the governmental disposition towards this parcel is commercial. The petitioner understands that installation of lines and hookups are the cost.of the petitioner. We have already . talked with Paul Shoop of the Albemarle Service Authority regarding the logistics, and a letter from Mr. Shoop is attached. Our expectation would be to act expeditiously consequent to approval. 1025 East Rio Road Charlottesville, Virginia 22901 (804) 973-5536 SENIOR PASTOR Harold L. Bare, Sr. PASTOR Youth and Music Jerry Steele PASTOR Education and Extension Victor Morris ., .. Obviously, we are most anxious for a favorable vote. What we have petitioned seems to us quite logical. Your consideration and cooperation will be deeply appreciated. Grat ull . ~ Bare, Sr! Enclosures (2): Plat Letter from Paul Shoop t,....-- Paul Shoop Wayne Cilimberg . cc: "? .. LBEMARLE COUNTY SERVICE AUTHORITY . Box 1009 401 MciNTIRE RD. CHARLOTIESVILLE, VA. 22902 (804) 296-5810 January 9, 1991 Pastor Harold L. Bare, Sr. 1025 E. Rio Road Charlottesville, Virginia 22901 Re: Sanitary Sewer Service for TM 46 Parcel 22 Dear Pastor Bare: I have reviewed the availability of public water and sewer to your part of parcel 22 above. Unfortunately, this property is not currently within our jurisdictional area. You must petition the Board of Supervisors to have this included. There is a sanitary sewer line onsite with adequate capacity to provide service to this property. Connection to this line will require authorization from the Rivanna Water & Sewer Authority. If you are successful in your petition to the Board, we will support this connection and intervene to have it approved by Rivanna. Water service is somewhat distant. the nearest available line is at Rt. 29 approximately 6600 If offsite. I hope you are successful in petitioning the Board. The proximity of other properties included in our jurisdictional area should support your request. If I can be of further assistance, please let me know. Sincerely, ~~L",.if Paul A. Shoop, P.g. Director of Engineering PAS:dmg ... .. ALBEMARLE COUNTY '; r- ~ 4, w w V> ..- M~___~__ SCAl..E IN FE~T '~(lO 62 . CHARLOTTESVI LLE Cl:'f''''II''\~1 Ar . ".. .. SERVICE AUTHORITY JURISDICTIONAL AREAS MAP KEY . ~ WATER ONLY WATER AND'SEWER II WATER ONLY TO EXISTING STRUCTURES These are existing structures as of the - adopted date, either. 10..-1-82 or 8-10-83 . Please see "List of Existing Structures OR Development Rights" for. specific structures and,dates. II LIMITED SERVICE Please see "List of Existing Structures OR Development Rights" for specific limitations. \Y \':'} ,..... j-l- j. .... - ,,:..;0./'-1 ./ul,' COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 January 29, 1992 Beechtree Associates Limited Partnership 2788 Hydraulic Road Charlottesville, VA 22901 RE: ZMA-91-12 Beechtree Associates Dear Sir: The Albemarle County Planning Commission, at its meeting on January 28, 1992, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to applicant's proffers as outlined in Attachment C, letter to Mr. William Fritz, signed by Susan Wagner, Leasing Director. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, VJt~4~. 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 JANUARY 28, 1992 FEBRUARY 12, 1992 ZMA-91-12 BEECHTREE ASSOCIATES LIMITED PARTNERSHIP Petition: Beechtree Associates petitions the Board of Supervisors to rezone 1.12 acres from CO, Commercial Office [Proffered] to C-1, Commercial [Proffered]. Property, described as Tax Map 61, Parcel 25, is located in the southeast quadrant of the Whitewood Road/Hydraulic Road intersection in the Charlottesville Magisterial District. This site is located in Neighborhood 1 and is recommended for Neighborhood Service in the Comprehensive Plan. Character of the Area: This site is currently developed with a commercial building consisting of multiple rental spaces. Adjacent properties are also developed commercially. This site has access directly to Whitewood Road and is connected to Hydraulic Road through the adjacent commercial development. Albemarle High School is located on Hydraulic road opposite this site. APPLICANT'S PROPOSAL: The applicant is proposing to amend the existing zoning of the property in order to broaden the range of permitted uses. The applicant has proffered to delete uses which are inconsistent with the Neighborhood Service designation of this site or which may be inappropriate in this location due to proximity to the high school and/or access. The applicant's proffers are included as Attachment C. . i suMMARY! AND RECOMMENDATIONS: \ ' \ ' Staff ijas reviewed this request for compliance with the Compreh~nsive Plan and past zoning actions on this property and reco,mmends approval subj ect to the acceptance of the applicant's proffers. PLANNING AND ZONING HISTORY: March 13, 1963 - Subdivision creating parcel under review was approved. l,.:1 (J January 28, 1976 - The Board of Supervisors rezoned the parcel from R-2, Residential to B-1, Business subject to the entrance to the site being limited to Whitewood Road. 1 March 24, 1981 - The Planning Commission approved the site plan for this property. July 20, 1983 - The Board of Supervisors approved ZMA-83-08 [Proffered]. This action rezoned the property from C-1, Commercial to CO, Commercial Office. COMPREHENSIVE PLAN: This site is recommended for Neighborhood Service in Neighborhood 1. SUMMARY AND RECOMMENDATION: The action of the Board of Supervisors in 1983 rezoned this property from C-1 to CO (Attachment D). The rezoning was requested by the applicant to permit a particular use to occur on site. The staff report for ZMA-83-08 is included as Attachment E. The applicant's current request seeks to reestablish the C-1 zoning of the property with proffers that eliminate those uses which would be inappropriate in this location. No change to the physical design of the site is proposed. The applicant is put on notice that usage of the property may be limited by the availability of parking. Rezoning the parcel to C-1 will permit a broader range of uses which will not be inconsistent with adjacent uses due to the existing development of adjacent sites which are zoned C-1 and CO. Staff opinion is that this request with the proffers provided by the applicant is consistent with the Comprehensive Plan and with the existing development in the area. Therefore, staff recommends approval of ZMA-91-12 subject to the acceptance of the applicant's proffers. ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's Proffers D - Action Letter for ZMA-83-8 E - Staff Report for ZMA-83-8 2 ."~;;;~'i~ =~,.......:.> .~ fAlo] ~. " --...---' ~~~"'..'1 [,n,. MOUNT AIN ~/-"l~~'~. . fiOI ill \: ; JOUNT AIN . ". alJclt ; . Iv ~ I \~ ' l(. ~ ,I \ ~-: f :;>,i@D , <~~i J\t'. /~\. 'to;, " fl~O' '. ~~ 0' ' o\~, ",,-<' / lilt _",0# ,,,, .r. f '-'" ,,' 1 ,"\,/ ~.8 '~'. I !:D"""") /"~~~~'""..,..))\ : _ -n n2J(1 ....: f7.1 .~- J), r7ftl .. ZMA-91-12 Beechtree Associates Limited partner~&~~p ~ ~ - ,,~--------:\ ~ I , () '-; - I \ I I :.~ '''9 I ' I ' , I . f' IATTACHMENT AI c [@ o u EARL YSVIL 'OUIt '1""15 M / Of? "1", '. \. \ \ I. ~ OV \~ , '\0 :Q'" !<-v c,C> ,?-l" "- ~' .t . ALBEMARLE COUNTT IATTACHMENT BI 45 4- ' .;:' ~="~ ~~; m ,./. yY :..-----; 1 /.' ',> / " ~SEC-:---==r-. - .- 0 " ~"./. ' 12> /~24 L.~ SE~ -6.~-XI 6 ~- ~i/' 'zoo <b, AI 124( 2e \ ,n- /. 619 8 r---::: FOUR 1/ IZO.. I~, ;;<:,: ......... ..~ .." 11 ~~_ON=~---====== ~ / ",. , ~ ~ Yo, WitlJA '''.' Ik~::/? . -=-::::_--~. -=-.. ' I see'""R'.' ,>> :: !:? "~,.. IS' klA . -'---:: ._____ "'... ........:!<.;. I 10 -=-_.:::.~~'- ~-::. In ' ... RAINT (, ~ 4-':)~ 21 19 >to .., ,i I '1/ 130 : ~ ~~,' ~" r rill S1.e.6'" " ~ ..+, z>, '111/11111 I II 8ER.tLCY "Vy """". :::-0 ~~;./. l) " 28 (gllIJ~'.!:i'it~~;;;", -,," . ~/,' it' ~~'~~~A 1:~~ ~ /21A lllll/!!/Ju/,'/L H'L 1 f :: // w ~29E ~ 127 ~ 4~~ ~ l~~_';;c;;/ ~ 7/ ~~'V1.. Jl,. ~:<;) '-<,~ ~~ t~2tD W/.~ ~ ~:, -.")!l"~~ <.~~'W STfE""'SE:er.~ .u..-'l~~ ~ , <I> .. ~C.TIOH6IZ v/' 160 AI ZMA _ 91 -1 2 B~"'HCH,LAHDS 'I.' [7/lIlj A ol.2.., "- - /. == tl.i:.J 8r~ 161 ~ . B~e~htree Associa~es ~ =- :::= 7Or; ,;.ct: l C:: ~ >- .' 4"~.. Lt.mt.ted Partnersht.p ._-~~~...~-::~ . <.> lJ,~-;-;,,,,, -4 ~~~~IIIr:" _~ ~;~:.: ,- :- .'-. ". :1~~~, '~ ~"4:''''' I~ .... It Mn ~ =--. --~.. 4e ,\~ .~ ::::::.. "="'" ~. >~ U"..,S ~'HE..::-- "" ...L ~ ~ "~::::: @,,, '. ---,-_;;::"~"._$~R:.::.~- :.,.' ~'4Tr ~ r-~ IEell?H.' ~ ~ '::::.~;. ..ol:!' "" /~~o~-._ --rt...~:--......"":j' / ._.._" \. . 1G4'j '~~~~~..~ ~-t' ""-. /" ~~o!> .:;->::"<~ RI",O/,~1A .... . ~ ""': __ -------;r u"}(~",,~':;f , -;f "'A . ". ..... ~", / . ._~ ' ~. .\ ' 'A-~ ~ "-, / . '- . ~j . ~ 164 60 ,1,'0" ~. ./ "'.: .......... / " fJlt~. ~ ... ~. / . 7 CITY 37h "61' ~ 62 f'-"<//J "\ OF f~ : ~ \. .l\/h \ /t'g 167 ~ ~ ~I/(I '<'~ CHARLOTTESVIt1.Ei// . · ~ ~ ~ /! II ~ "'-- ____ 7// '" I O/i 11'1 \l 'l- ~~.. fF 'r A 'If / 170 ./// -..::;:,,~ :--... "^ :! 1; L - ~ ///, ----- /" ~'-... ~ t~'/ I7J" /// I ' _........ W'....._~ 7!:f /166 / '~ ./jP'-u '"_u -,j \~~~I ;1t a:~~"~ :r 'I \~, /, /:/ "03 d ~ 1.,'8~ \\\\ /~ ~\ ~~~.;>~ \\\\ If I ~\\'. ~~~ \. /,j'J ~\;J (; ~ ~~,fO;;-~ \ --;.;'''--:1' fl-.. ~I "" ""'...........................". ':::;~------~ -." -7///. :t..'~ i '.. .' ~ //// I ~i~~ ".t/~l'''''210 If /1/ \'~~" \ /'1/ \. !!... ~ 191 110" f.."( WOOl)HAr.o< \ 1,1/ .V"./. SUTI 0 ----.., _//1. r' . 0' T ~ ~ ~~ I 'U/ / lir i .""""'" .... No. Il' r ---......., I ~ "I / /11 "-_ --., 'II ~ /'/ ~ 7j A '// "' 125 ",. ~ \ 12.1 '26 ;-" '0'" ....~>~~ ,'Ii ~'S-:.._" ....,.. ".,~ '~~'-.~~~ ~~ \. \. ." \. \..- ,.. -..- \ - --- oc.ou .. IWT - - .,. 17 JACK JOUETT. RIVANNA AND SECTION 61 IATTACHMENT cl REPUBLIC CAPITAL CORPORATION P.O.. Box 7885 Charlottesville, Va. 22906 (804) 979-5748 FAX (804) 979-0575 ('i(l~l} ~~' " .,l ;11 I :~. I pl f I,,.,, 'It:~ JAN '1 PLANN\NG ID\V1S\ON -.... ..... .... ~'."..". '-.-...~"""';';~' ,.-' January 6, 1992 Mr. William Fritz County of Albemarle Department of Planning & Community Development 401 McIntire Road Charlottesville, VA 22901-4596 RE: ZMA-91-12 Beechtree Associates Dear Bill: The proffers that are not crossed through are to remain. The proffers crossed through with the word delete beside them are not to be included. If this letter does not clarify our intent, please do not hesitate to contact me by calling (804) 979-5388. Sincerely, . ) ys-A--A j~(j/l ~ ~ jfbm Susan W a~ner Leasing Director . 2?.O 22.1 22.2 22.2.1 IATTACHMENT CIIPage 21 COMMERCIAL '-C-'l INTENT, WHERE PERMITTED C-l districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service. and ~ublic use establishments which are primarily oriented to central business concentrations. It is intended that C-l districts be established only within the urban area, communities and villages in the comprehensive plan. In order to permit flexibility of development within . this district in conformance with the stated intent, the commission may, in a particular case, modify, vary or waive certain requirements of section 21.0 as ~erein~fter provided. . . PERMITTED USES BY RIGHT The following uses shall be permitted in any C-l district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator1s decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. ~ \.c:.;h:::. J . ( 4. Dc.pa... t'lII~ul ::; lUlJ~ .~ Drug store, pharmacy. ~ 5. Florist. -'" 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary acd wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. -145- 40 ! . \ATTACHMENT Cllpage 3/ 9. ~usical instruments. 10. Newsstands) magazines) pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. ~ \e. ~ TIe:: "60.11 1"'-...10-0-1 iC:3 and g,Pt:t:!1"h\;Ju::)t:~~~ b. The followingservic.es and public establishments: 1. Administrative) professional offices. 2 . Barber, beauty shops. 3. 4. Churches, cemeteries. Clubs, lodges, civic) fraternal, patriotic (reference 5.1.2). 5. 6. lxldq . Financial institutions. Fire and rescue squad stations (reference 5.1.9). Fell."l;.11 hU1I1L"J .& 8. D-c:.\~ Health spas. Indoor thc:t t 9l?~ 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). ~-~~. Libraries, museums. '(13 >.. \ Nurseries, day care centers (reference 5.1. 6) . \ . 14. Eating establishments. ...... 15. Tailor, seamstress. ~~ IE:. .\u~'v'IHvb-ilc; ;:,t::l V.l\;t;; ::5-cal..,luu;::, (i. (.fcpe11~e::-;r.-r-;-z-c1). 17. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a -lLj6- -' IATTACHMENT C] IPage 41 public utility. Water distribution and sewerage collection lines, pumping stations and appurten- ances owned and operated by the Albemarle County Service Authority. 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state .Clr__.f_e_d~_ral agencies (reference - 31.2.5); public water and Sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Riv~nna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 19. Temporary construction uses (reference 5.1.18). 20. Dwellings (reference 5.1.21). 21.- Medical center. 1)c\~ 22. Au~omoblle, truck repalr ShOp. tAdded 6-3-81) 22.2.2 23. Temporary nonresidential mobile homes (-reference 5~8). (Added 3-5-86) BY SPECIAL USE PERMIT '~'de-- -1--.' CommercraJ.. recreation establlshments includlng but uul_ Ij,.uu.. L~J. to dmU~~lLleht ccntQrs, howl; rll] alleY3, po,?l 1'1.:1.11.3 arlJ. J.dW.;~ hd1"l:s. (Amcnded 1-1- 8 3 ) 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. 3. Hospitals. 4. Fast food restaurant. 5. Veterinary office and hosp~tal (reference 5.1.11). 6. Unless such. uses .are otherwise-~rovided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 7. Hotels, motels and inns. r' 1 U~\~8. MoLul. v~hiL;l~ salt::5 and rcmtal in cGffiffiUnitit::::' dud Lhe urban- area c1.~ J.e:signatcd in thc compreheu::>.!.ve pl.:1.n. (Added 6 1 83) -147- (Supp. #49, 11-1-89) .. ~ ~ .. t-\"\~ OU () OF I ATTACHMENT 0 I July 25, 1983 Beechtree Associates 2788 Hydraulic Road Charlottesville, Virginia 22901 Re: ZMA-83-8 Beechtree Associates Gentlemen: The Albemarle County Board of Supervisors, at its meeting of July 20, 1983, approved your above-referenced rezoning request with the following wording verbally agreed to by the applicant at the July twentieth meeting as the proffer: "with regards to the attached zoning map amendment application for Block P, Lot 1, Westfield (Tax Map Sheet 61, Parcel 25), Beechtree Associates he-reby proffers to limit the use of suites A and B, as shown on the attached plan, to a Health Spa/Health Club and that at such time as the Health Spa/Health Club ceases to operate in Suites A ana B, these suites shall convert to Commercial Office usage. In additionj Beechtree Asso~iates proffers to limit the use of the remainder of Parcel 25 to Commercial Office uses as provided for in the Commercial Office district." If you should have any questions concerning this action, kindly contact Mr. Ronald S. Keeler, Chief of Planning Division, at 296-5823. Sincerely, ~. f!, IJ;J{flii Stuart L. Richard Department of Planning and Community Development slr (~tt.Jf.~~~t~"iit;'~~,t~~_;!~l.5?'-'~<;*'.:i~~\;~t:.1.~~<:t~Y":, . ~;' ,;,- " SrfAFF REPORT: "_ A .' -.:' ~,~",",~~~~~",,~y,I'1}~f(r'----_.-_."._~-'-"'"'~'''''',,^'''--'''~'''''. , IATTACHMENT EI ZMA-83-8 Beechtree Associates Requested Zoning: Acreage: Existing zoning: Location: Background: C-l commercial (Proffer) 1.1221 acres. CO Commercial Office Property, described as tax map 61, parcel 25, is located on the souths ide of Whitewood Road at its intersection with Hydraulic Road. A site plan was approved for commercial office development of this property. Building permits were issued for shell structures, to be completed as tenants were secured. Suites A and B in the eastern end of the building were leased to and finished for a health spa. The Zoning Administrator ruled that "health spa" was not a permitted use in the CO zone, however, issued a temporary ~ertificate of occupancy limited to rehabilitative activities. A simple error has occured. The purpose of this rezoning petition is to correct this error, there- fore, staff has not reviewed the petition under normal procedures. Staff opinion is that the applicant's proffer is adequate to protect the public interest. -- ,,~,~'----'-'-~' .~.__._&..... .-_. ,..-- i' .. ....?-"-""" f{.r<N711'4.1' ~~G. 'i ;'~{t'.."l\ \~ ~,.~ ~. I ", \ , t' \ ~ ~,~~ "':/(;] ~ ~~"... ' ',r-V .(\\,:-':t j;i/ ~~ t~.",7.i. ,~~~_"itY ~~:U-k?,~~t...." COMMONWEALTH of VIRGINIA RAY D. PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE. 22902 D. S. ROOSEVELT RESIDENT ENGINEER January 16. 1992 Special Use Permits & Rezonings' February 1992 Mr. Ronald S. Keeler Chief of Planning County Office Building 401 McIntire Road Charlottesville, VA. 22901 HECEJVED ,I ^ ~I 1 6 1992 PLANNING DEPT. Dear Mr. Keeler: The following are our comments: 1. ZMA-91-10 Holly Memorial Gardens, Inc., Route 29 N. - The Comprehensive Plan shows the property in this area to be Community Service. The HC zoning allows for enterprises that are usually the most traffic intensive. This request would certainly result in an increase in traffic from the current R-1 zoning. The Department recommends that the access to this property be combined with another parcel, such as 42H or connect with Forest Lakes if at all possible. This would reduce the number of entrances along this section of Route 29. Should there be direct access from this property to Route 29 and it serves a high traffic generator, the Department does not support this request. Under the R-1 zoning this 6.75 acres would generate approximately 60 VPD. With HC zoning, the traffic generation would be probably at least several hundred VPD per acre, with a total traffic generation of possibly at least two to three thousand VPD. Due to the vertical alignment of Route 29 and the roadside terrain, it may be difficult to obtain an entrance location with adequate sight distance and necessary commercial entrance standards such as right turn and taper lane. 2. ZMA-91-12 Beechtree Associates Limited Partnership, Route 1455 - This request is to rezone the existing developed 1.12 acres from CO (proffered) to C-1 (proffered). This request is supposedly solely to allow for a greater flexibility for use0 permitted under the zoning and not for an intensive increase in the development of the property. Should this be the case, the total traffic generation from this property should remain fairly constant and not cause additional impact to the road system. Tn,l'l f\1C':D("Ir-,T r\ Tin 1\1 r-nn T' 'r ') 1 ("T rrJ\lTl 1(".' C":-', . ~.:: ~:'~:';~:,~.~:J /.~;;':'/;Z:R5 .;>( -7-(1,.)- ..-...;.......~."-~...~..,-...~ Edward H. Bain, Jr. Samuel Miller 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. Bowerman Charlottesville Charles S. Martin Rivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hail M E M 0 RAN DUM TO: Board of Supervisors FROM: Lettie E. Neher, Clerk, CMC DATE: February 7, 1992 SUBJECT: Reading List for February 12, 1992 June 5, 1991 - - pages 37 (#12) - end - Mrs. Humphris ~ pages 1 - 15 (#7) - Mrs. Humphris ~ pages 15 (#7) - end - Mr. Perkins April 17, 1991 June 19, 1991 - pages 1 - 13 (#8l~ Mr. Bain pages 13 (#8) - ;V~O(#ll) - Mr. Bowerman August 14, 1991 - pages 10 (#9) - 21 (#lld) - Mrs. Humphris pages 21 (#lld) - 31 - Mr. Bowerman pages 32 - end - Mr. Perkins LEN:ec ~~-) )~ql ~ I \f- 1 - C- ~,,;/"'- J ~ 'I tt d-J '>A \ /~lfl2' 3>~ (~"~;J 5hvu, - j~~ L~) [ff-ie L. (M .j~~ Q - ~ e!! () ~I ~u11 !!1 c) ) ~ ~ .Ce - # 7 k a--~.r., ~~.tL ~~-~ ~cf' ~tf? f, N / J~ ~ ( H ~~~ -= CuYJ.~~ ~ June 5, 1991 (Regular Night Meeting) (Page 25) -* Adjacent property owners of the site were notified of the Planning Commission's original review date for this site plan. No property owner attended the review hearing. Parking Lot Requirement - Additional parking is required to meet the parking standards of the County Zoning Ordinance. The new parking lot is designed to provide approximately 270 spaces to meet Zoning Ordi- nance standards. Parking Lot Amendment: In order to reduce the 270 parking space requirement, the School Board would need to seek a variance, based on hardship, from the Board of Zoning Appeals. A policy from the School Board and/or Principal of Albemarle High School limiting students driving to school would be important to the Board of Zoning Appeals in their deliberations. Tree Grove - The loblolly pine grove removed to provide for the required parking lot. Staff has r viewed this issue with a State Forester. The forester estimates th age of the trees at 30 years. Normally trees are harvested at 50 y. ars. (Mr. Tucker said today he learned that the forester had actua ly taken .ae-il 19l',.L~:::' and the trees t are actually 50 to 51 years of age. ~V./~'IH"..( c:~ Limiting student parking during school hours may alleviate ,the problem created by reduced parking spaces but it would not alleviate parking required for other school/public building usage. Storm drainage, ironically, will be improved by of the parking lot. Due to the drainage system collect and control runoff, a direct benefi resu existing problem areas along the southe property line. Alternative Location for Parking - relocating the required parking sp ce existing planned playing fields. T ese school needs and county facilities p on site would impact other wooded areas would be affected. alternatives the loss of meet Construction bid opening is scheduled for May 30. award schedule is as follows: Tentative review/ School Board reviews competitive bids on June 10. Planning Commission reviews final site plan on June 11. Award construction contract no later than June 30, if project is to remain on schedule. To change the scope of the project design documents or the overall project phasing could result and may warrant a delay to the entire project. The subsequent loss of the current favorable bidding climate could incur a financial impact on this school project. ( Mr. Way asked how bids can be reviewed before site plan approval. Mr. Tucker said there is a preliminary plan which must come back to the Commission for final site plan approval. Regarding schools, the system attempts to do the most critical part of any kind of school construction, particularly if it is on an existing school, during the summer months. Basically the school administration, staff and architects on this project were made aware of the conditions of approval for the preliminary plat. The project was bid based on those types of approvals and amendments or changes that have to made for the final plan. I II Mr. Bowie said his only question is why not just allow fewer cars or say students cannot drive to school. DISTRIBUTED ~ BOARD MEMBERS ON - ~~ I;~ / Ci -.A ( , COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 M E M 0 RAN DUM TO: Members of the Board of Supervisors Lettie E. Neher, Clerk, CMC~ FROM: DATE: February 12, 1992 SUBJECT: Appointments to Various Boards/Commissions/Committees ARCHITECTURAL REVIEW BOARD: One member. Interviews scheduled for March 4, 1992. CHILDREN AND YOUTH COMMISSION: received from advertisement. One member. Only one application COMMUNITY CORRECTIONS RESOURCES BOARD: Mr. Camblos has agreed to serve (see letter attached). JAUNT BOARD OF DIRECTORS: One member. Only one application received from advertisement. PUBLIC RECREATIONAL FACILITIES AUTHORITY: One member. Interviews scheduled for March 4, 1992. LEN:mms ...i f,~1 Edward H. Bain. Jr Samuei Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 296-5843 FAX (804) 972A060 Forrest R Marshall .]r SCOllSI.'iile David P. Bowerman Charlottesville Charles S Martin Ri\.'an:lQ Charlotte Y Humphris Jack Jouett Walter F, Perkins \''v'rll(e Hall Febraury 14, 1992 Mr. Dave Pastors Community Diversion Incentive Program 802-A East Jefferson Street Charlottesville, VA 22902 Dear Mr. Pastors: The Board of Supervisors at its meeting on February 12, 1992, appointed The Honorable James L. Camblos, III, to the Community Corrections Resources Board, term to expire December 31, 1991, to replace Lester A. Wilson, III. Sincerely, ()}~ 6i?~ '1 David P. Bowerman Chairman LEN:bh cc: James L. Camblos, III Commonwealth's Attorney OFFICE OF THE COMMONWEALTH'S ATTORJ~V':r;"~" ",'i. D1STRIBUTJ::D TO BOARD.MEMBERS ON __Q.d/-12L7 },. . - (". (" I ~ \>., I, ~r" 'C,/ (\ C ,\ f r'_~ ;"~.l\j\ ~... t . ) 'l:.~ 1 ',', , I ,} \ .,' ~. t ," for the ~r'I"""i :'. 'x\>....:< ': ;;"""4..,..." COUNTY OF ALBEMARLE ~...l JAMES L. CAMBLOS, III COMMONWEALTH'S ATTORNEY February 11, 1992 1. FORD CHILDRESS CHERYL V. HIGGINS ASSIST ANTS WARNER D. CHAPMAN DEPUTY PHONE: (804) 977-2897 FAX: (804) 977-7856 Mr. Dave Pastors Community Diverson Incentive Program 802-A East Jefferson Street Charlottesville, Virginia 22902 Dear Dave: I apologize for not getting back to you any sooner with regard to the vacancy on the CDI Board. I am flattered by your invitation to join the Board, and I will be delighted to serve. By copy of this letter to David Bowerman, I am letting him know that I am willing to accept this appointment. Please let me know when the next meeting is. :~~~}:;l:a::~:~: III JLC,III/cae cc: David P. Bowerman 11 410 EAST HIGH STREET. CHARLOTTESVILLE. VIRGINIA 22902 . COUNTY OF ALBEMARLE , .-; "i~ ,~._.L~.~,,,.,._.~~...,.,,~..,-~:.:.lL-_k~~.,~t,..,..._. .~.~.' irk .f:! ',;1 ":4 \.: ~ .......'....-.~. FER 1 3 1992 i' i.,j f; IUi~ '1 , ' / I u '~,:1'C: r~T:-. ...~..r' V~Jll!J'~ . [~"fIV~~EMARLE lilt'\ rr:~..r2.ri..~ P'J.2~ ~\ II Jl.~ \ .' ! I ,'~'1, FFR 141992 ! ~', " I,,' 'J' U"'l[ :'0.. [_~L .:::J u 06Edit6I~~n~~j8H~S COUNTY ATTORNEY COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 JAMES M. BOWLING. IV DEPUTY COUNTY ATTORNEY February 13, 1992 Mr. Richard Huff Deputy County Executive Albemarle County 401 McIntire Road Charlottesville, Virginia 22902-4596 Re: Sale of Esmont Health Center Dear Rick: Enclosed please find the original of a deed and deed of easement in the above matter. The Chairman needs to sign both documents. The sale was subject to an unspecified driveway easement. Mr. Spangler does not want to give a 50 foot driveway easement as set out on the old County Engineer plat. This plat is inaccurate as to the location of the driveway easement. The deed of easement provides for a 30 foot driveway easement. I talked to both Ron Keeler and Calvin Jones. Both thought that this would be adequate. The deed of easement also conveys a well and well lot easement to the adjoining property owner. Please return the deed and deed of easement to me. I will then send the deed of easement to the adjoining property owner asking her to execute the deed of easement and forward it to her bank for execution by the noteholder and trustee. Once this is done, I will ask Ms. Curry to return the easement to me so that I can record it. I will proceed to close on the land as soon as possible. I have been trying to close on this transaction for 2-1/2 months. /} Very t~lY yours, ; :- JMB/tlh Jame~1M. Bowling, IV Dep~y County Attorney ~ THIS DEED, made this 6th day of January, 1992, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor, and SAMUEL G. SPANGLER, III, homme sole, Grantee; WIT N E SSE T H : For and in consideration of the sum of THIRTY THOUSAND FIVE HUNDRED ($30,500.00) DOLLARS, cash in hand paid, the receipt of which is hereby acknowledged, the County of Albemarle, Virginia, hereby GRANTS and CONVEYS WITH SPECIAL WARRANTY OF TITLE unto Samuel G. Spangler, III, homme sole as his sole and separate estate, free from the control or marital rights of any present or future spouse and free from any curtesy or dower rights of any present or future spouse of the Grantee, all of which are hereby expressly excluded, and with the full and complete authority in the Grantee to convey, encumber or otherwise deal with and dispose of the same without the necessity of joinder by or with any present or future spouse of the Grantee the following described property in the County of Albemarle, Virginia: All that certain parcel of land containing 2.10 acres more or less, with the improvements thereon, situated in Albemarle County, Virginia, in the Scottsville Magisterial District fronting on the west side of State Secondary Highway 627, south of Porter, being designated as Lot 2 on plat of "A Division of the E. M. Feggans Property" made by Huffman-Foster and Associates, dated May 6, 1970, of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 473, Page 289, and being the same property conveyed to the Grantor herein by deed of Ronald H. Thompson and Bobbie J. Thompson, dated December 17, 1979 and recorded in the aforesaid Clerk's Office at Deed Book 686, Pge 727. This conveyance is made subject to easements, conditions and valid restrictions of record insofar as they lawfully effect the above-described property. 11 WITNESS the following signature and seal. COUNTY OF ALBEMARLE, VIRGINIA By (l)~t?~~~ Chairman, Albemarle County Board of Supervisors STATE OF VIRGINIA COUNTY OF ALBEMARLE ,Ab Il{,{~e 1. ua '1 Board of foregoing was acknowedged before me this j ~\irt 1992, by David P. Bowerman, Chairman, Albemarle Supervisors. DJi'-- V) ( ~ Notary Publ ic I My Commission Expires: )A (t.) l q I /?1 ? day of County . THIS DEED OF EASEMENT made this 6th day of January, 1992, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, party of the first part, CLAIR CURRY, STATES OF AMERICA, femme sole, party of the second part, UNITED FARMERS HOME ADMINISTRATION, party of the third part, , Trustee, party of the fourth part and SAMUEL G. SPANGLER, III, party of the fifth part; WIT N E SSE T H : WHEREAS, the County of Albemarle, Virginia, is the owner of all that certain lot or parcel of land containing 2.1 acres, more or less, with improvements thereon, situated in Albemarle County, Virginia, in the Scottsville Magisterial District, fronting on the west side of State Highway 627, south of Porter, being designated as Lot 2 on plat of "A Division of E. F. Feggans Property" made by Huffman, Foster and Associates, dated May 6, 1970, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, at Deed Book 473, Page 289 (the "May 6, 1970 Plan"), and being the same property conveyed to the County of Albemarle, Virginia by deed of Robert H. Thompson and Bobby J. Thompson, dated November 2, 1979, and recorded in the aforesaid Clerk's Office at Deed Book 686, Page 727 (IILot 2"); and, WHEREAS, Clair Curry, femme sole is the owner of all that certain lot or parcel of land containing 2.0 acres, more or less, with improvements thereon, situated in Albemarle County, Virginia, in Scottsville Magisterial District, f ron ting on the west side of State Secondary Highway 627, south of Porter, being designated as Lot 1 on the May 6, 1970 Plat, being the same . property conveyed to Walter Scott and Sarah E. Scott, since deceased, by deed of Englar M. Feggans and Lula B. Feggans, dated June 8, 1970, and recorded in the aforesaid Clerk's Off ice at Deed Book 473, Page 287 ("Lot 1"); and WHEREAS, the County of Albemarle, Virginia and Clair Curry want to convey to each other a joint driveway easement; and WHEREAS, the County of Albemarle, Virginia, wants to convey to Clair Curry a right-of-way and waterline easement for use of a well on Lot 2 by Clair Curry, her heirs and assigns, which easements are shown on a plat of the office of County Engineer, Albemarle County, Virginia, dated July 18, 1980, entitled "Esmont Health Care-Easements" (the July 18, 1980 Plat), copy of which is attached hereto to be recorded with this deed of easement; and WHEREAS, Samuel G. Spangler, III, contract purchaser of Lot 2, is agreeable to the matters set out herein; NOW, THEREFORE, for and in consideration of $1.00 and the premises and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the County of Albemarle, Virginia, and Clair Curry hereby GRANT and CONVEY WITH SPECIAL WARRANTY OF TITLE TO THE OTHER a thirty foot (30') joint driveway easement for use by the County of Albemarle, Virginia, Clair Curry, their heirs and assigns as a joint driveway for Lots 1 and 2. The joint driveway easement is thirty feet in width, being fifteen feet on either side of the boundary line between Lot 1 and Lot 2 and extends from the boundary of Lot 1 and Lot 2 with Route 627, fifty feet into Lot 1 and Lot 2. . As a part of this joint driveway easement, the County of Albemarle, Virginia, Clair Curry, their heirs and assigns shall have the right to enter upon the property of the other for the purpose of constructing, maintaining and repairing the joint dr i veway. Cos t of constructing, maintaining and repairing the driveway shall be borne equally by the owners of Lot 1 and Lot 2 as determined by mutual agreement. Further, for and in consideration of $1.00 and the premises and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the County of Albemarle, Virginia, GRANTS Clair Curry, her heirs and assigns, a right-of-way and easement ten feet (10 I) in width to use, maintain, repair and replace a well and water transmission line on Lot 2 as a source of potable water for Lot 1. Reference is made to the July 18, 1980 Plat for the exact location and dimensions of the easement on Lot 2. As a part of this easement, Clair Curry, her heirs and assigns, shall have the right to enter upon the property of the County of Albemarle, Virginia, its successors and assigns for the purpose of maintaining, repairing and replacing the well pump, waterline, and appurtenances thereto. Whenever it is necessary to excavate earth within this easement, Clair Curry, her heirs and assigns agree to backfill such excavation in a proper and workmanlike manner so as to restore the surface condition as nearly as practicable to the same condition existing prior to such excavation. Clair Curry, her heirs and assigns shall be responsible for the cost of using, maintaining, repairing, and replacing the well, well pump, waterline, and appurtenances . thereto within the easement herein granted. The County of Albemarle, Virginia, its successors and assigns shall have no responsibility or obligation to Clair Curry, her heirs or assigns in the event that the well should go dry or no longer be an adequate source of potable water. The easement herein conveyed shall exist for so long as the well and pipes and appurtenances for the transmission of water therefrom shall be needed by Clair Curry, her heirs and assigns as a source of water for Lot 1. At such time as the well and pipe and appurtenances for the transmission of water are no longer used as a source of potable water for well Lot 1, thi s easement shall terminate. At the time of termination, Clair Curry, her heirs and assigns, shall have the right to remove the well pump and appurtenances to the well which may be within the easement herein conveyed. By de e d 0 f t r u s t d ate d May 2 0 , 197 1 , r e cor d e din the aforesaid Clerk's Office at Deed Book 487, Page 563, Lot 1 was conveyed to Leonard V. Shelton, Trustee, to secure an obligation described therein payable to the United States of America, Farmers Home Administration. Upon the authority of the United States of America, Farmers Home Administration, as evidenced by its joining herein, Substitute Trustee, does hereby GRANT and RELEASE the above-described joint driveway easement free and clear from the lien of a deed of trust dated May 20, 1971, of record at Deed Book 487, Page 563, but in all other respects such deed of trust shall remain in full force and effect. .. Samuel G. Spangler, III, horrune sole, contract purchaser for Lot 1, joins herein to indicate his approval of the easements conveyed herein. WITNESS the following signatures and seals. COUNTY OF ALBEMARLE, VIRGINIA By QJ~!Pt8~u- Clair Curry Substitute Trustee UNITED STATES OF AMERICA FARMERS HOME ADMINISTRATION By Samuel G. Spangler, III STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoin~ was acknowledged before me this J f--rA day of oal.uary, 1992, by 1.Jt',(f.,.id j), 8(jwJA/'JIla~ JlhAUMj My Commission EXPi.res:A, 21, /9>3 STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing was acknowledged before me this January, 1992, by Clair Curry. day of Notary Public My Commission Expires: . STATE OF VIRGINIA COUNTY OF The foregoing was acknowledged before me this January, 1992, by Trustee. day of ,Substitute Notary Public My Commission Expires: STATE OF VIRGINIA COUNTY OF The foregoing was acknowledged before me this day of January, 1992, by United States of America, Farmers Home Administration. Notary Public My Commission Expires: STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing was acknowledged before me this January, 1992, by Samuel G. Spangler, III. day of Notary Publ ic My Commission Expires: 1 n c) '1 - CD P 1'1 6 OJ r'1 I -- X '. .\ - .\ 'J ~ 0 III ~ lu~ ,-0 o~ ~~ ~ \11'1 -.. en C) (2) C) o :u > ~ z Cl z o \j '" :t."'l r-~ ttJ If] ,r'l '~ C) ~ 'I} :\)...J ('_ 1 [\', ::t , I [11 (J f) C\ . \..) s:: I - :~ :> J ~,i '. II~ . .1 ; ,- '- -l . , (J') 1'1 J)'. :u . > r !II J,. "I '11 ()~ \T1U) ~~ ~S5 f'll....... ))""1 I~ ~ l'r' I' ~--1 l0:t ~ <.. () 1'1 :b '>- ._ -tJ '-.. - ......j III If) ... r \~. "'~. ~~. ". I I I , I I I f ....... I I I I I I I I I I I I I I I i I I / I I I I I --- .--.......... ........../ .......... ~ ....... ......... '-.. ....... '-.. Lor / {-;.'\.1 -r c!8,. ? ?/} ---- ----. '-.. '-.. '-.. t- o ,- ,r i"i .r-- if.... "1 ~ J, I u I LOT .S- 1/11 12. P, - '7 r" ('.' r- N47" 2"-/ , 0) 5<: /. /r- .I W ...,.JC). ;':'6~ LOT 2. /" M. OB' ~'~,: "I'lA S"6 -/6<9 '-.. ;'I '1 C//C:/,A//1V r "l(rr.711 t" :- ~" "'if} ~ LOT Lj r/VJ I? p .. .,. 'i"r D I. 0 7- ..) TM ' =' I? ,"I 'q ..,. '7 . . (.~ '.......... . ............... '. -.......... / ~ ...-:/./,: ---........ r? rOo """'.......'" d-.' -I <- -.......J :.J",."i .<:;::: ......."" , J '..'" '..,"'?~ I .......... - :..$' ;,.? ! '-.. "'0'" ~ "- ".C)~_ " ''-, .",'9 "-....... '.......d,>'9< "-....... ,,-,-{;, 'ks.,.,.. "~ "-;.:' !~ :u /T1 < VI o z VI \.C) 1\ 'it I"") h, ), ~ ('J t- J-; V) to u) [11 1)-, ~ ;: ~, i1l j,,-b< :, r-- "'-l \..., 1'1 ( ; . ..) 'It;" -.,- ,.... ,) ,'\. .J.l) ...;:- J~ ~. "'> rl~ r.... ~.1 .\:, I) f'1 ..( tJ ,- I CD '.... -\." 111 t- r- 'i 'l::t: C,) tlJ .\': (" q ~-" '. '-".1 J fI] 0-, ~ (,', \/) I 1 r. 1 I -. ,I ::~. . I ...~ [11 ':-- >\:J - --- - i <: __ ---I ..1 ~) t .-tJ - ) _.I) r-- . - , "., : ')' .: ~ I ] (;~ .>= I ,.... " (1\ ' 1\) j;,....... )J\.) Q. ~. Tj ;:: :-4 t5 -', -"" ,,-- ...... ,,-. ", :.'--. ..' fl] l' 1 r- r- r~ ..L (/) ~ll I. -' . .. - Pi ::'>>- --'J // ,/ I \ ../ '\ ..,1 ~( \ "', \ -.J~ ' II r"'NCY , SCHOO.L. \ -">1 T r: ,-::/,'::" .......- t' i"_",",,,,_ r'~1 ! I I , ',.J COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901 -4596 MEMO TO: Tex Weaver, Information Resource Planner FROM: Lettie E. Neher, Clerk, CMC~! DATE: February 6, 1992 SUBJECT: Naming of Route 53 in Albemarle County Attached hereto is a petition left earlier this week at my office by Mrs. V. H. Webb regarding the naming of Route 53 between its intersection with Route 795 and the Fluvanna County border. I have also made a photocopy and am forwarding same to Mr. Forrest Marshall. LEN/mms Attachment (Petition containing eight sheets) cc: Forrest R. Marshall, Jr. .. WE, THE UNDERSIGNED, citizens of A1bMfnarle County, Commonwealth of Virginia, living along State Route 53 betweef. its intersection with County Road 795 and the Albemarle County\Fluvanna County t'(Jrder do hereby petition the Albemarle County Government, in its. prog.r~h1 to r;name County routes, to include the ~ of said State Route 53 lymg WIt},!,. Albemarle County under the designation "Thomas Jefferson Parkway". Go rl1 ?)cT n]Y6. V, H. V'l~y*) _ Q'lq' - ;).383 If ~ ;!~ ;if3 a~ r;?J-1'fl 2- CSY mrs. Jee (~j~ck _ d83 -3a'1-3 ~ . \' PETITION WE. THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation "Thomas Jefferson Parkway". NAME CURRENT ADDRESS SIGNATURE fi. f I z f. ,sOX .23 R.\- . q Bo)( l<{ -A ~l\ji~le , PETITION WE. THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation" Thomas Jefferson Parkway" . NAME CURRENT ADDRESS SIGNATURE Kim Ha.rh'n K+,q "Box ~ ~b-y~ r~f ~~ C~01 h2;fL K+ GLfTDY.5 SCKvGb5 Se12dG6S . .. ~ PETITION WE. THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation" Thomas Jefferson Parkway". NAME CURRENT ADDRESS SIGNATURE . ~ PETITION WE, THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation "Thomas Jefferson Parkway". NAME CURRENT ADDRESS /C~. 9 ./ tl-\--C( \) 0 'i- ~ $;.b ~;t IJ/~~ _L-t-~~__ ~ ... . .. PETITION WE, THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation "Thomas Jefferson Parkway". NAME CURRENT ADDRESS ~Ct--\ - A ~ .z "t>Y--A- ~3"'- II \ \ IT) 1 (!Jo 1- SIGNATURE .. . ..- '" PETITION WE. THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes, to include the entirety of said State Route 53 lying within Albemarle County under the designation "Thomas Jefferson Parkway". NAME CURRENT ADDRESS SIGNATURE -. c' ._ ,t..e- <lle>-~ 2..-/3 ~~, ~~ ~d~u ~ {I {f (I f2-f-.. q 130' -' c:5 Ll 6 J J..y\ B'n /.ejL f\ IJ '2. t3 ~6,c 2-l NO('(I" . <" __ . /"f A _ .n ~j;;.lj& ~E;. R+.q i ,till . " PETITION ~lE. THE UNDERSIGNED. citizens of Albemarle County, Commonwealth of Virginia. living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes. to include the entirety of said State Route 53 lying within Albemarle County under the designation "Thomas Jefferson Parkway". NAME CURRENT ADDRESS SIGNATURE tVrl- /1. /\/;?~, R';:- /.J / g "/- 2- '> 7 A' j- .<)- 3 C//4Ltt-1h'/.;i "/L,l ,t,/) ,"'" ,./ L Sf?. R;:-b 7 60/, 2..Y'l /fi-s- j L'I)4J!. i.c'+!,l J [./1 W'- t./A.- jJ JH{l/C//J 15'/";~<')i ,.'- /- L:-ts. /3 /J J; l' /' -T ~ 1.13 A IlIJ);?I;1 /?/-b9/J1''f-:L'/oA I? 1--.5'3 C///}-Rj.t-'T#) ;,,', L~ t/J;. .......,0" Q...t- C( ~1.0,-;-::.. ~I....b 'I::::e b"-c '- ;)3/'0 --c/z7 ." . . PE'j'ITION W'E, THE UNDERSIGNED, citizens of Albemarle County, Commonwealth of Virginia, living along State Route 53 between its intersection with County Road 795 and the Albemarle County\Fluvanna County border, do hereby petition the Albemarle County Government, in its program to rename County routes. to include the entirety of said State Route 53 lying within Albemarle County under the designation" Thomas Jefferson Parkway" . NAME CURRENT ADDRESS SIGNATURE \)i,._.l j\\ i COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 ..-.~ "-'.-- >. ,'- ' - ! \ · f~ , " . . itl\ \.. :! I \ , ','~' , "~ iJ ~,\ L.~.~::1 \., BOAHD Of (.1 i " " - ..... _, I "'_." i!' .........-' :....) GEORGE R. ST.JOHN COUNTY ATTORNEY May 4, 1992 JAMES M. BOWLING, IV DEPUTY COUNTY ATTORNEY Ms. Ella Carey c/o Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22902-4596 Re: Sale of Esmont Health Center Property Dear Ella: Enclosed please find a copy of the deed in the above matter. This property has closed and the purchase proceeds were sent to Melvin Breeden. If you have any questions, please let me know. yours, James Depu Bowling, IV County Attorney JMB/tlh Enclosure MOTION: Mr. Bain SECOND: Mrs. Humphris MEETING DATE: February 12, 1992 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of convened an executive meeting on this date affirmative recorded vote and in accordance with The Virginia Freedom of Information Act; and Supervisors has pursuant to an the provisions of WHEREAS, Section 2.1-344.1 of the Code of Virginia requires certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Perkins and Bain. NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING MEETING: Mr. Martin left about ten minutes after the executive session of approximately fifty minutes began. ABSTAIN DURING VOTE: None. ~~a~~rnsors Clerk, A ~ THIS DEED, made this 6th day of January, 1992, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor, and SAMUEL G. SPANGLER, III, horome sole, Grantee~ WIT N E SSE T H : For and in consideration of the sum of THIRTY THOUSAND FIVE HUNDRED ($30,500.00) DOLLARS, cash in hand paid, the receipt of which is hereby acknowledged, the County of Albemarle, Virginia, hereby GRANTS and CONVEYS WITH SPECIAL WARRANTY OF TITLE unto Samuel G. Spangler, III, homme sole as his sole and separate estate, free from the control or marital rights of any present or future spouse and free from any curtesy or dower rights of any present or future spouse of the Grantee, all of which are hereby expressly excluded, and with the full and complete authority in the Grantee to convey, encumber or otherwise deal with and dispose of the same without the necessity of joinder by or with any present or future spouse of the Grantee the fOllowing described property in the County of Albemarle, Virginia: All that certain parcel of land containing 2.10 acres more or less, with the improvements thereon, situated in Albemarle County, Virginia, in the Scottsville Magisterial District fronting on the west side of State Secondary Highway 627, south of Porter, being designated as Lot 2 on plat of "A Division of the E. M. Feggans Property" made by Huffman-Foster and Associates, dated May 6, 1970, of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 473, Page 289, and being the same property conveyed to the Grantor herein by deed of Ronald H. Thompson and Bobbie J. Thompson, dated December 17, 1979 and recorded in the aforesaid Clerk's Office at Deed Book 686, Pge 727. This conveyance is made subject to easements, conditions and valid restrictions of record insofar as they lawfully effect the above-described property. .4 ... WITNESS the fOllowing signature and seal. COUNTY OF ALBEMARLE,' VIRGINIA By (l)~~~~~ Chairman, Albemarle County Board of Supervisors STATE OF VIRGINIA COUNTY OF ALBEMARLE .Ahltu~e lLua '1 Board of foregoing was acknowedged before me this j &,\ii> 1992, by David P. Bowerman, Chairman, Albemarle Supervisors. day of County q~a~~l"::l My Commission Expires: }Aej Zq ,/11? . THIS DEED OF EASEMENT made this 6th day of January, 1992, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, party of the first part, CLARA CURRY, femme sole, party of the second part, UNITED STATES OF AMERICA, FARMERS HOME ADMINISTRATION, party of the third part, the fourth part and SAMUEL G. SPANGLER, , Trustee, party of III, party of the fifth part; WIT N E SSE T H : WHEREAS, the County of Albemarle, Virginia, is the owner of all that certain lot or parcel of land containing 2.1 acres, more or less, with improvements thereon, situated in Albemarle County, Virginia, in the Scottsville Magisterial District, fronting on the west side of State Highway 627, south of Porter, being designated as Lot 2 on plat of "A Division of E. F. Feggans Property" made by Huffman, Foster and Associates, dated May 6, 1970, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, at Deed Book 473, Page 289 (the "May 6, 1970 Plan"), and being the same property conveyed to the County of Albemarle, Virginia by deed of Robert H. Thompson and Bobby J. Thompson, dated November 2, 1979, and recorded in the aforesaid Clerk's Office at Deed Book 686, Page 727 ("Lot 2"); and, WHEREAS, Clara Curry, femme sole is the owner of all that certain lot or parcel of land containing 2.0 acres, more or less, with improvements thereon, situated in Albemarle County, Virginia, in Scottsville Magisterial District, fronting on the west side of State Secondary Highway 627, south of Porter, being designated as Lot 1 on the May 6, 1970 Plat, being the same \ property conveyed to Walter Scott and Sarah E. Scott, since deceased, by deed of Englar M. Feggans and Lula B. Feggans, dated June 8, 1970, and recorded in the aforesaid Clerk's Office at Deed Book 473, Page 287 ("Lot 1"); and WHEREAS, the County of Albemarle, Virginia and Clara Curry want to convey to each other a joint driveway easement; and WHEREAS, the County of Albemarle, Virginia, wants to convey to Clara Curry a right-of-way and waterline easement for use of a well on Lot 2 by Clair Curry, her heirs and assigns, which easements are shown on a plat of the office of County Engineer, Albemarle County, Virginia, dated July 18, 1980, entitled "Esmont Health Care-Easements" (the July 18, 1980 Plat), copy of which is attached hereto to be recorded with this deed of easement; and WHEREAS, Samuel G. Spangler, III, contract purchaser of Lot 2, is agreeable to the matters set out herein; NOW, THEREFORE, for and in consideration of $1.00 and the premises and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the County of Albemarle, Virginia, and Clara Curry hereby GRANT and CONVEY WITH SPECIAL WARRANTY OF TITLE TO THE OTHER a thirty foot (30') joint driveway easement for use by the County of Albemarle, Virginia, Clara Curry, their heirs and assigns as a joint driveway for Lots 1 and 2. The joint driveway easement is thirty feet in width, being fifteen feet on either side of the boundary line between Lot 1 and Lot 2 and extends from the boundary of Lot 1 and Lot 2 with Route 627, fifty feet into Lot 1 and Lot 2. As a part of this j oint driveway easement, the County of Albemarle, Virginia, Clara Curry, their heirs and assigns shall have the right to enter upon the property of the other for the purpose of constructing, maintaining and repairing the joint driveway. Cost of constructing, maintaining and repairing the driveway shall be borne equally by the owners of Lot 1 and Lot 2 as determined by mutual agreement. Further, for and in consideration of $1.00 and the premises and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the County of Albemarle, Virginia, GRANTS Clara Curry, her heirs and assigns, a right-of-way and easement ten feet (10') in width to use, maintain, repair and replace a well and water transmission line on Lot 2 as a source of potable water for Lot 1. Reference is made to the July 18, 1980 Plat for the exact location and dimensions of the easement on Lot 2. As a part of this easement, Clara Curry, her heirs and assigns, shall have the right to enter upon the property of the County of Albemarle, Virginia, its successors and assigns for the purpose of maintaining, repairing and replacing the well pump, waterline, and appurtenances thereto. Whenever it is necessary to excavate earth within this easement, Clara Curry, her heirs and assigns agree to backfill such excavation in a proper and workmanlike manner so as to restore the surface condition as nearly as practicable to the same condition existing prior to such excavation. Clara Curry, her heirs and assigns shall be responsible for the cost of using, maintaining, repairing, and replacing the well, well pump, waterline, and appurtenances thereto within the easement herein granted. The County of Albemarle, Virginia, its successors and assigns shall have no responsibility or obligation to Clara Curry, her heirs or assigns in the event that the well should go dry or no longer be an adequate source of potable water. The easement herein conveyed shall exist for so long as the well and pipes and appurtenances for the transmission of water therefrom shall be needed by Clara Curry, her heirs and assigns as a source of water for Lot 1. At such time as the well and pipe and appurtenances for the transmission of water are no longer used as a source of potable water for well Lot 1, this easement shall terminate. At the time of termination, Clara Curry, her heirs and assigns, shall have the right to remove the well pump and appurtenances to the well which may be within the easement herein conveyed. By deed of trust dated May 20, 1971, recorded in the aforesaid Clerk's Office at Deed Book 487, Page 563, Lot 1 was conveyed to Leonard V. Shelton, Trustee, to secure an obligation described therein payable to the United States of America, Farmers Home Administration. Upon the authority of the United States of America, Farmers Home Administration, as evidenced by its joining herein, Substitute Trustee, does hereby GRANT and RELEASE the above-described joint driveway easement free and clear from the lien of a deed of trust dated May 20, 1971, of record at Deed Book 487, Page 563, but in all other respects such deed of trust shall remain in full force and effect. Samuel G. Spangler, III, homme sole, contract purchaser for Lot 1, joins herein to indicate his approval of the easements conveyed herein. WITNESS the following signatures and seals. COUNTY OF ALBEMARLE, VIRGINIA By 0~;JPi{~,,-- ~ ~ (!. aJLe'l' Clar-a Curry Substitute Trustee UNITED STATES OF AMERICA FARMERS HOME ADMINISTRATION The cJanuary, J-lbltuMj STATE OF VIRGINIA COUNTY OF ALBEMARLE foregoin~ was acknowledged before me this I f-rh day of 1992, by IJt{L..id P. !?(;wJ.Amc<.-v--' -;q My Commission EXPires:A, 29, /9)'3 STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing was acknowledged before me this /I~day of Jilfi\1ary, 1992, by Clara Curry. /hiJ!l.u-1 ..~ _/ r .\1.. "LX'~~ - Nota y Publ i'~ My Commission Expires: 9-30 -'1$1 STATE OF VIRGINIA COUNTY OF The foregoing was acknowledged before me this January, 1992, by Trustee. day of ,Substitute Notary Public My Commission Expires: STATE OF VIRGINIA COUNTY OF The foregoing was acknowledged before me this day of January, 1992, by United States of America, Farmers Horne Administration. Notary Public My Commission Expires: STATE OF VIRGINIA COUNTY OF ALBEMARLE f,O The foregoing was acknowledged before me this 3 day of ~1tf(.' 1992, by Samuel G. Spangler, III. COMM,SSiD""D ;,c LuU,Sl. B. GILLIAM c::::~::C~;;;,;,:~ ;fib7!!-~ , My Commission Expires: MyCommJsslcn Expires July, 31,1993