HomeMy WebLinkAbout2003-01-155.1.
5~2.
Board of S_upervisors Meeting of January _15, 2003
AGENDA ITEM/ACTION
· Call to Order - Join~
· Meeting was called to order at 4:00 p.m., by the
Chairman, Mr. Dorrier, Jr. All BOS members, were
present. Also present were Bob Tucker, Larry Davis
and Ella Carey.
~ Heal~--~ar~iv~
Recommendations on Medical and Dental Insurance
Programs.
· Accepted the HealthCare Committee's
recommendation for 02-03 Plan Year to increase
employee premiums effective February 1, 2003, as
noted in Table 1 (set out in Executive Summary).
· The Board and School Board took no action on the
HealthCare Committee's recommendation for the 03-
04 Plan Year. Consensus of both Boards that the
recommendation be used as guidance to move
forward in building the budget.
3. Matters not listed on the agenda from the Board and
School Board.
· Steve Koleszar said the Prep Board is looking at the
idea of creating a regional consortium of school
divisions and governments to see if we could get a
larger pool and better rate for administrative costs for
health care. He asked if the two Boards would like to
pursue this. it was the consensus of the Boards to
find OLrt what costs are associated with this.
· Scheduled another joint meeting of the Board and
School Board for February 12, 2003, 4:00 p.m. in
Meeting Room 235, to discuss compensation/
benefits.
Adjourn.
Agreements with Earlysville Volunteer Fire Company,
Inc,, and Scottsville Volunteer Fire Department, Inc.
· AUTHORIZED the County Executive to execute the
Service A~_eements.
Adopt resolution to authorize financing of Permit
Tracking Systems throu_gh SunTrust Bank.
· The meet~ourned at 5:30_p.m.
Ca~ to Order.
· The meeting was called to order at 6:00 p.m., by the
Chairman, Mr. Dorrier. Also present at this time was
Wayne Cilimberg.
From the Public: Matters Not Listc--d on the Agenda.
· Mr. Tom Dulany-Slonakier, owner of Arby's in Forest
Lakes, spoke about the issue between the County
and himself in reference to his Arby's flag that he fly's
and the Arby's delivery truck parked near Route 29
North.
Authorize County Executive to execute Service
ASSIGNMENT
K S-~--~--~-~
BrandenDurqer:~- ~- Proceed as
directed. -
County Affo~ne¥'s Office: Obtain County
Executive's signature and forward copies to
appropriate individuals. (Attachment 1).
Clerk: Forward signed resolution to Brenda
Neitz and copy Roger Hildebeidel. _____j
·
attached resolution authorizing this
financing through SunTrust Bank with semi-annual
Proposed lease agreement between ~3.1%.
Wachovia Bank, pursuant to Va. Code 15.2-1800(B).
· APPROVED a lease of the Wachovia Operations
Center property and authorized the County Executive
to execute a Lease Agreement on the County's
behalf.
~o761).
· APPROVED SP-2002-050, by a vote of 6:0, subject
10.
Outdoor Sales/Display (Signs #72,73&75).
· APPROVED SP-2002-057, by a vote of 6:0, subject
to nine conditions.
rozet Ba rch Parsonage
Amendment (Signs ~45&62).
· APPROVED SP-2002-058, by a vote of 6:0, subject
to three COnditions.
(Si
· APPROVED SP-2002-060, by a vote of 6:0, subject
to one condition.
11, From~ ~e
Agenda.
Bob Tucker:
· Asked the Board to adopt Resolution of Support for
HB 1397 which would give counties the same taxing
authorities as cities. The Board ADOPTED the
proposed resolution.
Larry Davis:
· Informed the Board that he has received a letter from
the Rutherford Institute on behalf of Mr. Slonakier
and that he will be discussing those issues with them
at a later time.
12. Adjourn.
· Meetings adjoumed at 6:40p. m.
/gak
Attachment 1 - Service Agreements
Attachment 2 - Resolution of the Board of Supervisors
Attachment 3 - Conditions for planning items
Attachment 4 - Resolution of Support for HB 1397
of
and provide copy to Clerk's
approval.
(Attachment 3)
(Attachment 3) approval.
(Attachment 3) conditions of approval.
::ondition of approval.
(Attachment 3)
Clerk: Forward resolution to VACO, VML and
Our legislatorS. (Attachment 4)
Attachment 1
SERVICE AGREEMENTS
THIS AGREEMENT, made this
dayof
and between the COUNTY OF ALBEMARLE, VIRG~-~'mtn, _, 200____~ by
a political subdivision, (the "County"), and the
EARLYSVILLE VOLUNTEER FIRE COMPANY, INC. a Virginia Corporation, (the "Fire Company',).
WHEREAS, the Fire Company agrees to continue to provide valuable fire protection services in
Albemarle County in its delineated service area as set forth on the
Communications Center ("Service Area"); and Response Area Maps located at the Emergency
WHEREAS, the Fire Company desires the County to contribute Forty-three Thousand Seven Hundred
Filly Dollars ($43,750.00) for the purchase of a brush truck for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and Fire
Company agree, as follows:
1. The County shall contribme to the Fire Company Forty, three Thousand Seven Hundred Fifty Dollars
($43,750.00) to be used for the purchase of a brush truck. The funds shall be allocated from the
County's Fire Fund ("Fund") and shah be made available upon execution of this agreement~
2. The Fire Company agrees that the County will withhold Five Thousand Four Hundred Sixty-Eight
Dollars and Seventy-five Cents ($5,468.75) from the County's annual appropriation to the Fire
Company's operating budget beginning July 2003 through July 2010. Thus at the end of eight (8)
years, which is the term of this Agreement, a total of $43,750.00 shall be withheld. This withholding
may be used by the County to replenish the Fund for so long as the County, at its discretion, continues
such Fund. This withholding is in addition to the withholding for all prior advances under the prior
service agreements with the Fire Company dated February 3, 1993 and September 9, 1999. The Fire
Company agrees that any amount of this repayment that may exceed the County's annual appropriation
will be remitted to the County no later than July 31 of each repayment year.
3. The Fire Company agrees that the Forty-three Thousand Seven Hundred Fifby Dollars ($43,750.00)
contribution shall be used only for the purchase of the brush truck to be used to provide fire services in
Albemarle County. The Fire Company further agrees that it shall not convey the brush truck or any
interest therein to any party other than the County without the County's prior written consent during the
useful life of the brush truck or the term of this Service Agreement, whichever is longer. For purposes
of this Agreement, the useful life of the brush truck shall be ten years from the date the brush truck is
placed into service. In addition, the Fire Company agrees that any insurance proceeds received from a
claim related to any damage to the brush truck shall be used entirely for the immediate repair and
maprovement of the brush truck unless the County expressly authorizes in writing a different use for
such funds.
4. The Fire Company agrees that at such t/me as it no longer provides volunteer fire protection services fin
Albemarle County while operating under the jurisdiction of the County that it shall convey all of its
interest in the vehicle described in paragraph 1 to the County at no additional cost to the County upon
the County's r u -
eq est.
5. The County and Fire Company agree that the covenants set forth fin their prior agreements dated
February 3, 1993 and September 9, 1999, to the extent they are not in conflict with this Agreement,
shall remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the County to the
Fire Company, at the discretion of the County Board of Supendsors, to support, enhance, or augment
the services to be provided by the Fire Company.
W/mess the following signatures and seals:
Date
COUNTY OF
By: ALBEMARLE, VIRGINIA
Date
EARLYSBy:VILLE VOLUN'I~ER FIRE COMPANY, INC.
Service Agreement
THIS AGREEMENT, made this ~ day of ,200___, by
and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the
SCOTTSVILLE VOLUNTEER FIRE DEPARTMENT, INC., a Virginia Corporation, (the "F/re Department").
WHEREAS, the F/re Department agrees to continue to provide valuable fire protection services fin
Albemarle County in its delineated,, . service,, area as set forth on the Response Area Maps located at the Emergency
Communications Center ( Service Area ); and
WltEREAS, the Fire Deparlment desires the County to contribute Ninety Thousand Dollars ($90,000.00)
for the purchase of air packs fur providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and F/ro
Department agree, as follows:
7. The County shall contribute to the Fire Department Ninety Thousand Dollars ($90,000.00) to be used
for the purchase of air packs. The funds shall be allocated from the County's Fire Fund ("Fund") and
shall be made available upon execution of this agreement.
8. The F/re Department agrees that the County will withhold Eleven Thousand Two Hundred Fifty
Dollars ($11,250.00) from the County's annual appropriation to the F/re Department's operating
budget beginning July 2003 through July 2010. Thus at the end of eight (8) years, which is the term of
this Agreement, a total of $90,000.00 shall be withheld. This w/thholdfing may be used by the County
4
to replenish the Fund for so long as the County, at its discretion, continues such Fund. This
withholding is in addition to the withholding for all prior advances under · ·
with the Fire Department dated October 13, 2000· the pr/or serrate agreement
The Fire Department agrees that any amount of this
repayment that may exceed the County,s annual appropriation will be rem/tied to the County no later
than July 31 of each repayment year.
9. The Fire Department agrees that the Ninety Thousand Dollars ($90,000.00) contribution shall be used
only for the purchase ofa/r packs to be used to provide fire services in Albemarle County. The Fire
Department further agrees that it shall not convey the ak packs or any interest therein to any party
other than the County without the County's pr/or written consent during the useful life of the ak packs
or the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful
life of the ak packs shall be ten years from the date the ak packs are placed into service. In additiou,
the Fire Department agrees that any insurance proceeds received from a claim related to any damage to
the air packs shall be used entirely for the immediate repair and improvement of the ak packs unless
the County expressly authorizes in writing a different use for such funds.
10. The Fire Department agrees that at such t:ane as it no longer provides volunteer fire protect/on services
in Albemarle County while operating under the jurisdiction of the County that it shall convey all of its
interest in the air packs described in paragraph 1 to the County at no additional cost to the County upon
the County;s request.
11. The County and Fire Department agree that the covenants set forth in their prior agreement dated
OctOber 13, 2000, to the extent they are not in conflict with this Agreement, shah remain in full force
and effect.
12. Nothing contained herein shall be construed to prevent additional appropriations by the County to the
Fire Deparlment, at the discretion of the County Board of Supervisors, to support, enhance, or augment
the services to be provided by the Fire Department
Witness the following signatures and seals:
Date
COUNTY OF ALBEMARLE, VIRGINIA
By;
~x, asx., t~ounty Executive
BSyC:OTTSVILLE VOLUNTEER FIRE DEPARTMENT, INC.
Attachment 2
RESOL[JTION OF TItE BOARD OF SUPERVISORS
THE ALBEMARLE COUNTY BOARD OF SUPERVISORS HELD THEIR REGULAR MONTHLY
MEETING ON JANUARY 15, 2003, AT 6:00 P.M. IN THE BOARD OF SUPERVISORS MEETING ROOM
IN THE COUNTY OFFICE BUILDING.
THERE WERE PRESENT: DAVID p. BOWERMAN; LINDSAY G. DORRIER, JR.;
CHARLES S. MARTIN; WALTER F. PERKINS; DENNIS S. ROOKER; AND SALLY H. THOMAS
OTHERS PRESENT: ROBERT W. TUCKER, JR., COUNTY EXECUTIVE; LARRY W. DAVIS,
COUNTY ATTORNEY; AND ELLA W. CAREY, CLERK
BE IT THEREFORE RESOLVED by the Board to award the financ/ng bid as recommended by
the County Executive AND BE IT FURTHER RESOLVED, by the Board to authorize the County
Executive and County Affomey to execute pertinent documents with SunTrust Bank for the County's
lease/purchase of computer software in the amount of $t90,000.00 at the 3.10% rate.
Attachment 3
CONDTIONS OF APPORVAL
Agenda item No. 7. SP-2002,050. ShadwellAnimal Hos ital Si ns #60 61.
Request to allow veterinary ofrm,~ & hospital in accord w/Sec 22.2.2.5 & 5.1.11 of the Zoning Ord.
TM 79, P 19, contains 1.988 acs. Loc on S sd of Louisa Rd (Rt 22) approx 600 ~t from intersec of
Rt 22 & Rt 250. Znd C-1 & EC. ScottsviiJe Dist.
APPROVED SP-2002-050, by a vote of 6:0, subject to one condition.
1. An amended Site plan showing the change in use shall be submitted for approval.
~2~~Agenda Item No. 8. SP-2002-057.R uesttRivanna Rid e iant Food Store-Outdoor
In accord w/Sec : eq o allow outdoor -
. 30.6.3.2.b of the Zoni storage & d;spla of m ·
Shopj~n~ Cenr 7,a Dr', ,,-, ,-.: ng Ord. TM 78, Ps 73A R ~ ,-,. ,,. A, a~y~^ ~mhandlse
APPROVED SP-2002-057, by a vote of 6:0, subject to nine conditions.
1. The site improvements shall be developed in general accord With the attached Minor Site
Plan Amendment, entitled Giant Food Outdoor Sales/Display
2002;
exhibit, dated September 20,
2. The owner shall obtain an Architectural Review Board (ARB) Certificate of Appropriateness;
3. Items shall be displayed only in the areas of the covered walkway identified in green on the
plan submitted for ARB review, entitled "Ground Floor Plan," dated August 2, 2001-
4.display;N° additional lighting shall be introduced to the site for the purpose of illuminating this'
5. No new signage associated with this use shall be permitted. Pricing information shall not be
displayed higher than three (3) feet;
6. Display areas shall be located within five (5) feet of the front wall of the building;
7. Displayed items shall not exceed seven and one-half (7~) feet in height, except that in areas
where items are displayed in front of windows those items may not exceed window sill height,
but in no case can bagged mulch or bagged potting soil exceed three (3) feet in height;
8. Display items may include fruits, vegetables, plants,
bagged potting soil; and trees, shrubs, bagged mulch, and
9: Sales not requiring Permanent installations may also be conducted within the display area.
Agenda Item No. 9. SP_-2002.058, Crozet Ba fist Chu .
~ R ue . Ich Parsona e Amendmen
eq st to allow office use in 2 existing, ch .... k ~_~_ .: t
· ~ ' '",,-- P~:~onages, in accord w/Sec
14.2.2.12 of the Zoning Ord. TM 56A1, Ps 82&100, contains 4.506 acs. Located on St. George
Ave approx 1/4 mi W of intersec of St. George & Crozet Avenue (Rt 810). Znd R-2 & designated
Neighborhood Density Residential (3-6 du/ac) in Comp Plan, in the Community of Crozet. White
Hall Dist,
APPROVED SP-2002-060, by a vote of 6:0, subject to three conditions.
1.permit;There shall be no day care center or private school on site without a separate special use
2. Any enlargement or expansion of the church use or structures will require an amendment to
the Special Permit (SP-2002-058); and
7
The use of the residences/parsonages for Sunday School/educational classes/office use shall
be permitted only on the first floor of each residence/parsonage located on Tax Map 56A1,
Section 1, Parcels 82 and 100.
Agenda Item No. 10. SP-2002-0 0 Floral Im
floral arrangement business i '~. R_equ_est to allow for
· ' ' · [~ ,,onmg Ord. TM 55, P 99,
contains 2.69 acs. Loc on W sd of Yancey Mill Lane.(Rt 825), approx .25 mis SE fi.em the
intersec of Rt 825 & Rt 250 West (Rockfish Gap Turnpike). Znd PA. White Hall Dist.
APPROVED SP-2002-060, by a vote of 6:0, subject to one condition.
1. Them shall be no mom than seven (7) clients per week on the premises.
Attachment 4
RESOLI. TFION OF SUPPORT
HB 1397
ALBEMARLE COUNTY BOARD OF SUPERVISORS
WHEREAS, sixty-two percent of the revenue generated by Virginia's local governments to pay for
local services is generated at the local level; and
WHEREAS, seventy-five percent of this local revenue is derived from four soumes: the real
estate tax, the personal property tax, charges for services, and the sales tax; and
WHEREAS, the real estate tax makes up the largest portion of local revenue; and
WHEREAS, because counties have very few unrestricted revenue options available, the burden
to balance county budgets often falls on the real estate tax; and
WHEREAS, counries in Virginia need to diversify their revenue base tO reduce the burden on the
real estate tax; and
WHEREAS, the Code of Virginia sets forth specific financial powers for cities and towns that are
r~ provided to counties; and
WHEREAS, Section 15.2-1104 of the Code of Virginia gives cities and towns the ability to levy
cigarette taxes and admissions taxes, levy transient occupancy taxes without a cap or restrictions, and
levy a meals tax without a cap and without holding a voter referendum; and
WHEREAS, Section 15.2 of the Code of Virginia should be amended to grant counties the same
powers of taxation as dries and towns; and
WHEREAS, HB 1397 (Hull) amends Sections 15.2-204 and 15.2-1200 of the Code of Virginia to
grant counties the same powers of taxation as cities and towns; and
NOW, THEREFORE, BE IT RESOLVED, that Albemarle County supports HB 1397 and urges its
General Assembly delegation to support HB 1397 in the 2003 General Assembly.
9
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Service Agreements with Eadysville Volunteer Fire Company,
Inc. and Scottsville Volunteer Fire Department, Inc.
SUBJE~TIPROPOSALIREQUEST:
To authorize the County Executive to sign the following
service agreements:
· Earlysville Volunteer Fire Company, Inc. advancing
$43,750 to purchase a new brush truck
Scottsville Volunteer Fire Department, Inc. advancing
$90,000 to replace outdated air packs
S'TAFF CONTACT(S):
Messrs. Tucker, Foley, Eggleston, Davis
BACKGROUND:
AGENDA DATE: ITEM NUMBER:
January 15, 2003
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY: //~~/'~
Several years ago Albemarle County established a revolving fund to be used by the ten volunteer fire and rescue companies in
the County. This fund, currently funded at two million dollars, provides the volunteer companies a means of acquiring needed
fire-fighting and rescue squad equipment and buildings, interest free, with repayments being deducted from their annual County
appropriation. Requests for disbursements from the fund are monitored and approved by Albemarle County Fire Rescue
Advisory Board (ACFRAB).
DISCUSSION:
The current amount available in the revolving fund is $361,301.33.
Earlysville Volunteer Fire Company hasrequested, through ACFRAB, an advance orS 43,750 to purchase a new brush truck to
be utilized for brush fires, drafting operations and for inclement weather responses, and has executed the standard service
agreement approved by the County Attorney's office. This advance can be disbursed upon approval of this agreement by the
Board Of Supervisors.
Scottsville Volunteer Fire Department has requested, through ACFRAB, an advance of $ 90,000 to replace their current
outdated air packs. The new air packs have the capability of being upgraded as technology advances. This would also help
the department move toward standardizing packs and making it easier on scenes when multiple companies are present.
Scottsville Volunteer Fire Department has executed the standard service agreement approved by the County Attorney's office.
This advance can be disbursed upon approval of this agreement by the Board of Supervisors.
Repayment of these allocations will be over an eight, year period beginning in FY 03,04. ACFRAB approved these requests
November 20, 2002.
RECOMMENDATION:
Staff recommends authorizing the County Executive to execute the attached Service Agreements.
03.001
SERVICE AGREEMENT
THIS AGREEMENT, made this 16th day of January ., 200 3 , by
and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the
"County"), and the EARLYSVILLE VOLUNTEER FIRE COMPANY, INC., a Virginia
Corporation, (the "Fire Company').
WHEREAS, the Fire Company agrees to continue to provide valuable fire protection
services in Albemarle County in its delineated service area as set forth on the Response Area
Maps located at the Emergency Communications Center ("Service Area"); and
WltEREAS, the Fire Company desires the County to contribute Forty-three Thousand
Seven Hundred Fifty Dollars ($43,750.00) for the purchase of a brush truck for providing fire
services.
NOW, THEREFORE, for and in consideration ofthe above stated premises, the County
and Fire Company agree, as follows:
1. The County shall contribute to the Fire Company Forty-three Thousand Seven Hundred Fifty
Dollars ($43,750.00) to be used for the purchase ora brush track. The funds shall be
allocated from the County's Fire Fund ("Fund") and shall be made available upon execution
of this agreement.
2. The Fire Company agrees that the County will withhold Five Thousand Four Hundred Sixty-
Eight Dollars and Seventy-five Cents ($5,468.75) from the County's annual appropriation to
the Fire Company's operating budget beginning July 2003 through July 2010. Thus at the
end of eight (8) years, which is the term of this Agreement, a total of $43,750.00 shall be
withheld. This withholding may be used by the County to replenish the Fund for so long as
the County, at its discretion, continues such Fund. This withholding is in addition to the
withholding for all prior advances under the prior service agreements with the Fire Company
dated February 3, 1993 and September 9, 1999. The Fire Company agrees that any amount
of this repayment that may exceed the County's annual appropriation will be remitted to the
County no later than July 31 of each repayment year.
3. The Fire Company agrees that the Forty-three Thousand Seven Hundred Fifty Dollars
($43,750.00) contribution shall be used only for the purchase of the brush truck to be used to
provide fire services in Albemarle County. The Fire Company further agrees that it shall not
convey the brush truck or any interest therein to any party other than the County without the
County's prior written consent during the useful life of the brush truck or the term of this
Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of
the brash track shall be ten years from the date the brash track is placed into service. In
addition, the Fire Company agrees that any insurance proceeds received from a claim related
to any damage to the brash track shall be used entirely for the immediate repair and
improvement of the brash truck unless the County expressly authorizes in writing a different
use for such funds.
The Fire COmpany agrees that at such time as it no longer provides volunteer fire protection
services in Albemarle County while operating under the jurisdiction of the County that it
shall convey all of its interest in the vehicle described in paragraph 1 to the County at no
additional cost to .the County upon the County's request.
The County and Fire Company agree that the covenants set forth in their prior agreements
dated February 3, 1993 and September 9, 1999, to the extent they are not in conflict with this
Agreement, shall remain in full force and effect.
Nothing contained herein shall be construed to prevent additional appropriations by the
County to the Fire Company, at the discretion of the County Board of Supervisors, to
support, enhance, or augment the services to be provided by the Fire Company.
Wimess the following signatures and seals:
Jan. 16, 2003
Date
By: ,~~~~' ~'~ ,-
pl~OI T W. TUCKER, JR., County ~ '
EARLYSVILLE VOLUNTEER FIRE COMPANY, INC.
Date
Approved as to Form:
,~f'~ty~[~omey
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing Service Agreement was signed, sworn to and acknowledged before me this
16th day of January ,200 3 by Robert W. Tucker, Jr.
Nota~ .Public
My Commission Expires: June 30, 2005
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregogag Service Agreement was signed, sworn to and acknowledged before me this
day of ~ t/~4J , 200c~ by ~,t,& o~,~ 1~ ~t,~. ~ ·
Notary Publ}o
My Commission Expires:
3
SERVICE AGREEMENT
THIS AGREEMENT, made this 16th day of January ,200 3., by
and between the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the
"County"), and the SCOTTSVILLE VOLUNTEER FIRE DEPARTMENT, INC., a Virginia
Corporation, (the "Fire Department").
WHEREAS, the Fire Department agrees to continue to provide valuable fire protection
services in Albemarle County in its delineated service area as set forth on the Response Area
Maps located at the Emergency Communications Center ("Service Area"); and
WHEREAS, the Fire Department desires the County to contribute Ninety Thousand
Dollars ($90,000.00) for the purchase of air packs for providing fire services.
NOW, THEREFORE, for and in consideration of the above stated premises, the County
and Fire Department agree, as follows:
1. The County shall contribute to the Fire Department Ninety Thousand Dollars ($90,000.00) to
be used for the purchase of air packs. The funds shall be allocated from the County's Fire
Fund ("Fund") and shall be made available upon execution of this agreement.
2. The Fire Department agrees that the County will withhold Eleven Thousand Two Hundred
Fifty Dollars ($11,250.00) from the County's annual appropriation to the F~re Department
operating budget beginning July 2003 through July 2010. Thus at the end of eight (8) years,
which is the term of this Agreement, a total of $90,000.00 shall be withheld. This
withholding may be used by the County to replenish the Fund for so long as the County, at its
discretion, continues such Fund. This withholding is in addition to the withholding for all
prior advances under the prior service agreement with the Fire Department dated October 13,
2000. The Fire Department agrees that any amount of this repayment that may exceed the
County's annual appropriation will be remitted to the County no later than July 31 of each
repayment year.
3. The Fire Department agrees that the Ninety Thousand Dollars ($90,000.00) contribution shall
be used only for the purchase of air packs to be used to provide fire services in Albemarle
County. The Fire Department further agrees that it shall not convey the air packs or any
interest therein to any party other than the County without the County's prior written consent
during the useful life of the air packs or the term of this Service Agreement, whichever is
longer. For purposes of this Agreement, the useful life of the air packs shall be ten years
from the date the air packs are placed into service. In addition, the Fire Department agrees
that any insurance proceeds received from a claim related to any damage to the air packs
shall be used entirely for the immediate repair and improvement of the air packs unless the
County expressly authorizes in writing a different use for such funds.
4. The Fire Department agrees that at such time as it no longer provides volunteer fire
protection services in Albemarle County while operating under the jurisdiction of the County
that it shall convey all of its interest in the air packs described in paragraph 1 to' the County at
no additional cost to the County upon the County's request.
5. The County and Fire Department agree that the covenants set forth in their prior agreement
dated October 13, 2000, to the extent they are not in conflict with this Agreement, shall
remain in full force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the
County to the Fire Department, at the discretion of the County Board of Supervisors, to
support, enhance, or augment the services to be provided by the Fire Department.
Witness the following signatures and seals:
COUNTY OF ALBEMARLE, VIRGINIA
Jan. 16, 2003 By: /~~~'~~(-~' ~'~'
w.
SCOTTSkrlLLE VOLUNTEER FIRE DEPARTMENT,
INC.
Date
Approved as to Form:
~:f~ty,A~omey
9
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
The foregoing Service Agreement was signed, sworn to and acknowledged before me this
16th day of January ,200 3 by Robert W. Tucker, Jr.
My Commission Expires: June 30, 2005
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE:
My Commission Expires:
Nohry fubli
day of ~ ~ ,200~ by /,Y~_~ir~_~/t2t~. ·
Notary ~c
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution Authorizing the Financing of a
Permit Tracking System
SUBJECT/PROPOSAL/REQUEST:
Request the adoption of the attached resolution
Authorizing the financing of the Permit Tracking
System through SunTrust Bank
STAFF CONTACT(S):
Messrs. Tucker, Breeden; Ms. White
AGENDA DATE:
January 15, 2003
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Yes
BACKGROUND:
In October 2002, the Board approved the acquisition of a Permit Tracking System to be funded through a lease
purchase agreement with the vendor.
DISCUSSION:
In addition to th e vendor, interest rates for this lease purchase were also requested from several banks. Based on
the responses, the lowest rate of 3.1% was received from SunTrust Bank.
In order to complete this transaction, the bank has requested adoption of the attached resolution authorizing the
financing.
RECOMMENDATION:
Staff recommends the Board of Supervisors adopt the attached resolution authorizing this financing through
SunTrust Bank with semi-annual payments for five years at a rate of 3.1%.
01-09-03 A01:50 IN
03.004
RESOLUTION OF THE BOARD OF SUPERVISORS
THE ALBEMARLE COUNTY BOARD OF SUPERVISORS HELD THEIR REGULAR
MONTHLY MEETING ON JANUARY 15, 2003, AT 6:00 P.M. IN THE BOARD OF
SUPERVISORS MEETING ROOM IN THE COUNTY OFFICE BUILDING.
THERE WERE PRESENT: DAVID P. BOWERMAN; LINDSAY G. DORRIER, JR.;
CHARLES S. MARTIN; WALTER F. PERKINS; DENNIS S. ROOKER; AND SALLY H.
THOMAS
OTHERS PRESENT: ROBERT W. TUCKER, JR., COUNTY EXECUTIVE; LARRY W.
DAVIS, COUNTY ATTORNEY; AND ELLA W. CAREY, CLERK
BE IT THEREFORE RESOLVED by the Board to award the financing bid as
recommended by the County Executive AND BE IT FURTHER RESOLVED, by the
Board to authorize the County Executive and County Attorney to execute
pertinent documents with SunTrust Bank for the County's lease/purchase of
computer software in the amount of $190,000.00 at the 3.10% rate.
MOTION BY: DENNIS ROOKER
SECONDED BY: DAVID BOWERMAN
VOTING ON THE MOTION WAS AS FOLLOWS:
AYES: BOWERMAN, DORRIER, MARTIN, PERKINS, ROOKER AND THOMAS
NAYS: NONE
BY:
Ella W. Carey,~)
RESOLUTION OF THE BOARD OF SUPERVISORS
THE ALBEMARLE COUNTY BOARD OF SUPERVISORS HELD THEIR REGULAR
MONTHLY MEETING ON JANUARY 15, 2003, AT__ P.M. IN THE BOARD OF
SUPERVISORS MEETING ROOM IN THE COUNTY OFFICE BUILDING.
THERE WERE PRESENT:
OTHERS PRESENT:
BE IT THEREFORE RESOLVED by the Board to award the financing bid as
recommended by the County Executive AND BE IT FURTHER RESOLVED, by the
Board to authorize the County Executive and County Attorney to execute
pertinent documents with SunTrust Bank for the County's lease/purchase of
computer software in the amount of $190,000.00 at the 3.10% rate.
MOTION BY:
SECONDED BY:
VOTING ON THE MOTION WAS AS FOLLOWS:
AYES:
NAYS:
BY:
Clerk
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing on Proposed Lease of Property to
Wachovia Bank
SUBJECT/PROPOSAL/REQUEST:
Conduct a public hearing and authorize the lease of
County-owned property located on Old Lynchburg Road
to Wachovia Bank
STAFF CONTACT(S):
Messrs. Tucker, Davis, Trank, Herrick
AGENDA DATE:
January 15, 2003
ACTION: X
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
IN FORMATION:
/
DISCUSSIO N:
On November 6, 2002, the County entered into a purchase agreement to acquire the former Wachovia Bank Operations Center
property located at 547 Old Lynchburg Road. As a condition of the purchase agreement, the County agreed to lease space
within the property to Wachovia Bank for a 1-year period. The County Attorney's Office, assisted by the Department of
Engineering and Public Works, is in the final stages of negotiating a lease agreement with Wachovia Bank for up to a 1-year
rental term beginning on the date the property is transferred to County ownership. The rental amount is based upon a fair
market rental rate of $12 per square foot, with Wachovia agreeing to lease up to 45,000 square feet within the facility.
Wachovia would be responsible for all security and janitorial services in connection with its use of the property during the rental
term, and would also be responsible for its share of utilities. Wachovia's use of the space would not interfere with any County
uses of the property during the 1-year term.
Va. Code § 15.2-1800 authorizes the County to enter into a lease for this purpose once a public hearing has been held.
RECOMMENDATION:
Staff recommends that the Board approve a lease of the Wachovia Operations Center property and authorize the County
Executive to execute a Lease Agreement on the County's behalf.
01-08-03 A03:24 li~!
03.005
December 17, 2002
COUNTY OF ALBEMARLE
~Department of Planning & Community Development
40 l Mclntire Road, Room 218
Ch arlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
72-20-02._ P08..4_.~ I~
Richard L. Godine, Jr. DVM
884 FIordon Drive
Charlottesville, VA 22901
RE: SP-2002-050 Shadwell Animal Hospital, Tax Map 79, Parcel 19
Dear Mr. Godine:
The Albemarle CounTy Planning Commission at its meeting on December 10, 2002, by a vote of 4:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that th~s
approval is sul2ject to the following condition:
1. An amended site plan showing the change in use and parcel subdivision shall be subm~
approval with n ninety (90) da,,s u,,on Bo'---' ~' ° ..... 'tted for
~ ~- ,=,u u, oupervsors approva of this app ication.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 15. 2003. 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
sched ul ed hearing date.
The Commission also by a vote of 4:0, app'roved a waiver of Section 5.1.11 to reduce the required
setback from 500 feet to 50 feet.
If you should have any questions or commen[s regarding the above noted action please do not hesitate
to contact me.
Sincerely,
Steven Biel
Planner
SB/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
December 10, 2002
January 15, 2002
SP 2002-050 Shadwell A~imal Hospital.
Applicant's Proposal: The applicants, Richard and Caroline Godine, have
requested approval of a special use permit to allow for the operation of an animal
veterinary office and hospital (Attachment A). The proposed location for the facility
would be in the existing 2,112 square foot restaurant (Tea Shop) next to the Shadwell
Antiquaries. The applicants are also requesting a waiver of Section 5.1.11. Business
hours would be 7:30 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 12:00
p.m. on Saturdays. The applicants would employ two full-time employees, two part-time
employees, and one to one and a half veterinarians.
Petition.: Request for special use permit to allow a veterinary office and hospital in
accordance with Section 22.2.2.5 and 5.1.11 of the Zoning Ordinance which allows for a
veterinary office and hospital. The property, described as Tax Map 79, Parcel 19,
contains 1.988 acres, and is located in the Scottsville Magisterial District on the south
side of Louisa Road (Route 22], approximately 600 feet from the intersection of Route 22
and Route 250 (Attachment B). The property is zoned C-I, Commercial and EC,
Entrance Corridor. The Comprehensive Plan designates this property as C-I,
Commercial and EC, Entrance Corridor in the Rural Area 2.
Character of the Area: The property under review contains 1..988 acres and is
zoned C-l, Commercial and EC, Entrance Corridor. This parcel is surrounded by Route
22 to the north, Shadwell Market to the west, Route 250 to the southwest, and the CSX
Railway to the southeast (Attachment). To the north of Route 22 the property is zoned
RA and the property to the west o f Route 250 (Luck Stone) is located in the Natural
Resources (NR) overlay district (Attachment C).
Planninn and Zoning History.: A site plan was approved in 2000 for a 14,000
square foot antique store and a 2,112 square foot restaurant.
Comprehensive Plan.: The Comprehensive Plan identifies this site as being located
in the C-I, Commercial and EC, Entrance Corridor zoning districts. Prior to 1980, the
area surrounding the Route 250/22 intersection was zoned business. After the 1980
downzoning, the only parcels that remained business (renamed C-I, Commercial) were
the Shadwell Market and Shadwell Antiquaires properties.
RECOMMENDATION: Staffhas reviewed this proposal for conformity with the
Comprehensive Plan and the Zoning Ordinance and recommends approval of the
proposed special use permit.
SP 2002-050
Shadwell Animal Hospital
1
From:
Sent:
To:
Cc:
Subject:
Wayne Cilimberg
Wednesday, January 15, 2003 3:46 PM
Bob Tucker; Larry Davis; Amelia McCulley; Board of Supervisors members
Ella Carey
FW: SP 2002-050 Shadwell Animal Hospital
I wanted you to be aware of this before tonight's meeting. I will go over this tonight as well. As explained below, the
suggested changes will not have any material affect on the SP or the considerations that were the basis for staff
recommendations and Commission action.
..... Original Message----
From: Steven Biel
Sent: Wednesday, January 15, 2003 3:12 PM
To: Wayne Cilimberg
Subject: SP 2002-050 Shadwell Animal Hospital
Wayne,
The applicant has requested to amend the condition that was approved by the Planning Commission to read, "An
amended site plan showing the change in use shall be submitted for approval".
The condition that was approved by the Planning Commission also referenced parcel subdivision and both the change in
use and parcel subdivision would have to be approved within 90 days of Board approval.
The original condition was worded to reflect the concept plan that was submitted showing the subdivision. From the time
the application was submitted, the applicant planned to buy the one building (The Tea Shop) and subdivide it from the
antiques building. The Health Department also expressed a desire to see the parcel subdivided, their reason being that it
would make the septic systems easier to manage jf they could devote specific drainfields to each parcel. However, they
have since changed their opinion on the matter and now just want to see the site managed in the best possible manner.
The Zoning Department also reviewed the condition and had no comments.
The site has subsequently gone into bankruptcy Proceedings and don't know when the final outcome will be. The applicant
now has to wait before moving on the proper~y. Therefore, the 90 days referenced in the original condition would be very
difficult to achieve. In addition, the Zoning Department has since advised staff that the property could not be subdivided
without a variance from the BOZ. The site is too small to further subdivide and meet the appropriate setbacks.
However, the applicant is possibly considering working a deal with another potential buyer that could enable them to setup
Building.a condominium regime. This has been discussed in a pre-app with the applicant, Zoning, Engineering, Planning, and
In summary, the requested amended condition does not affect the use that was recommended for approval and is more of
an issue involving ownership of the property.
Cour,?y of ~tib~rm~r!e
Phone: {434) 296-5823 (ext. 2439)
Fax: (4~-M.) 972- 40t2
STAFF COMMENT:
Staffwill address each provision of Section 31.2.4.1 of the Zoning Ordinance.
The Board of Supervisors hereby reserves unto itself the right to issue all
special use permits permitted hereunder. Special use permits for uses as
provided in this ordinance may be issued upon a finding by the Board of
Supervisors that such use will not be of substantial detriment to adjacent
proper _ty.
Staffbelieves the proposed use would not be of substantial detriment to adjacent property
owners. The site is bounded by Routes 250 and 22 and by the CSX Railway. The
property to the west contains another commercial use, the Shadwell Market.
that the character of the district will not be changed thereby,
The character of the disthct would not be changed. The proposed use would replace the
previously approved restaurant use. Staff believes the proposed use would benefit the
surrounding area by providing a needed service to the community.
and that such use will be in harmony with the purpose and intent of this
ordinance,
Staffhas reviewed the purpose and intent as contained in Chapter 18, Sections 1.4, 1.5,
and 1.6 of the Zoning Ordinance. In the opinion of staff, the proposed use would be in
harmony with the purpose and intent of this ordinance.
with the uses permitted by-right in the district,
This use would not prevent by-right use of adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
Animal hospitals are governed by Section 5.1.11 of the Zoning Ordinance (Attachment
D). The applicant has requested a waiver to Section 5,1.11 (a) to reduce the required
setback from 500 feet to 50 feet (Attachment E). Without reviewing the building plans, it
can not be determined if the building is soundproofed. However, the site is bounded by
Routes 250 and 22 and the CSX Railway. Staff believes that any noise generated by the
animal hospital would he minimal compared to the noise generated by vehicular and
railroad traffic. The closest residence is located approximately 650 feet to the southeast
of the site. There would be no outside animal facilities and animals would be boarded
overnight for medical purposes only.
SP 2002-050
Shadwell Animal Hospital
and with the public health, safety and general welfare.
The proposed use is subject to the supplemental regulations under Section 5.1.11. If the
application is approved, the site plan would have to be amended to reflect the change of
use from a restaurant to an animal hospital. The site plan also indicates there are 27
parking spaces allocated to the existing restaurant. The Department of Building Code
and Zoning Services has determined 22 parking spaces is required for the animal hospital
use.
The Health Department has denied the applicants initial request for a septic permit. The
denial was based not on the system being deficient, but on the applicants' plans to
subdivide the portion of the parcel that contains the existing restaurant, which had not
been executed at the time the septic permit was applied for. The Health Department has
given the applicants until February 13, 2003 to subdivide the parcel and show cross
easements. The Health Department supports the plan to subdivide the parcel so that each
parcel would have its own system rather than sharing systems.
The approved site plan shows a left-turn lane that has not been constructed at this time.
The left~turn lane was based on a project that Luck Stone, in conj unction with the
Virginia Department of Transportation (VDOT), was going to construct. Luck Stone was
going to relocate their entrance to align with Route 22 at the Route 250/22 intersection.
The Route 22 intersection with Route 250 was also going to be improved. The
improvements would have.included the left-turn lane as shown on the site plan. For
various reasons, the project was nevei undertaken by Luck Stone. It should be noted that
the left-tm lane shown on the site plan was not a condition of approval to approve the
site plan. It was based on the assumption that the private/pubhc project would be
completed by Luck Stone and VDOT.
VDOT has an active project in the Six-Year Plan to signalize the Route 250/22
intersection. Funds proffered with the Glenmore development will be used in part to
construct this project. Shadwell Market currently is proposing to expand their business
and as part of the expansion would relocate their entrance to the east, to be a shared
entrance with the existing restaurant/antique site. VDOT has recommended in lieu of
constructing the left-turn lane, the applicants contribute funds to the public project.
VDOT has estimated the cost for the left-tm lane wOuld be apProximately $150,000, but
it has not been determined what the applicants' contribution would be (Attachment F).
The Department of Engineering has conf'mued the need for the left-turn lane in the
attached memo (Attachment G). The basis for their determination is essentially Route 22
is currently over capacity (7,600 daily trips) and any additional traffic warrants the need
for the left-tm lane. Planning staff does not support the desire to condition the left-turn
lane being installed, or funds being escrowed for the project, at the special use permit
stage. Staff believes the time to address this issue is at the site plan stage when the
Shadwell Market installs the new entrance that will be on both properties (Shadwell
Market and Shadwell Antiquaires). The site plan for the proposed animal hospital,
approved in 2000, would also have to be amended to reflect the shared entrance.
SP 2002-050 3
Shadwell Animal Hospital
SUMMARY:
Staffhas found the following factors that are favorable to this application:
1. The site is zoned commercial and would support this use.
2. The existing restaurant is vacant.
3. The proposed use would provide a needed service to the surrounding area.
Staffhas found the following unfavorable factors to this application:
1. It is not clear what cost responsibility the applicants would have towards road
improvements at the Route 250/22 intersection.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP
2002-050, subject to the following conditions:
An amended site plan showing the change in use and parcel subdivision shall be
submitted for approval within ninety (90) days upon Board of Supervisors
approval of this application.
Waiver Request to Section 5.1.11: The applicant has request a waiver to Section
5.1.11 to reduce the required setback from 500 feet to 50 feet. The property is adjacent to
C-1 property to the east (the antique shop) and to the west (Shadwell Market)~ The north
side of the property is bounded by Route 22, the southwest portion is bounded by Route
250, and the southeast portion is bounded by the CSX Railway. There would be no
outdoor animal facilities. The closest residence is approximately 650 feet to the southeast
of the site. The Department of Building Code and Zoning Services has measured sound
levels at the site and recorded a range of 55 to 80 decibels. The maximum level
permitted in a commercial zone is 65 decibels .and 60 decibels in the Rural Areas. Staff
believes the level of noise produced by animals inside the building would be no greater
than noised produced by vehicular and raikoad traffic.
RECOMMENDED ACTION: Based on the findings reviewed above, staff
recommends the waiver request be approved.
Attachments:
A - Application & Site Plan
B - Tax Map & Vicinity Map
C - Aerial Map
D - Section 5.1.11
E - Waiver Request
F - VDOT Memo
G - Department of Engineering Memo
SP 2002-050
Shadwell Animal Hospital
CouE;y of~,-~,,-----:xrn°mnc~e< + Depar,.~ent of Buiid~-~, Code ava 7. nnlno ~orv'~r'oc
Sion~ ~U'{~ O- ~t Mag. O:st. _
Application for Special Use Permit
ATTACHMENT A
Dam
*Zoning District *Zoning Ordinance Section number
[*staff will assist you with these i;cms;
Number o[ acres to be covered by Special Use Vermit,a. ~I:,.-,~ m.~,--- i,m,
Is this an amendment to an existing Special Use Pe~it7
Are you submitting n site development plan with this application7
Address ~.~ .'~-]~e__.oc_-~ "~e.- . City State
[Daytime Phone ( z/~q ) ~ _ 5tjzZ~ Fax # '-- E-mail
[Daytime Phone ( ~ ~ffc/t'--O ~ Fax #
.E-mail
App [icallt (Who :s the contac~ person representin§? Who is requezting the speci'A usc?):
Address City
i
State Zip
Daytime Phone ( ) Fax # .E-mail
tDoes the owner of this property own (or have any ownership interest in) any abutting property? ~-If yes, p!ease list
OFFICE USE ONLYt'~. ,,-;.~b,,- ,~--~
Fee amount $ '? ;~'(-/. Dam Paid
Hi'story: ~ Special Usc Permits:
F_I Variances:
! Ca Letter of Authorization
Concurrent rcvi¢',~ of Site Development Plan7 Ci Yes IZI No
L--- Ch,:=k. /'...e:..'G i~¢=ipt.
CI ZMAs and Proffers:
40t Mclntire Road -:' Charlottesville, VA 22902 + Voice: 296-5832 ':' Fax: 972-4126
~ection 31.2.4.1 of tht :bemar!e County Zoning Ordinance slates that, "The board of
s~eervlsors
hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use
permits for uses as provided in this ordinance may be issued upon a finding by the board of supervisors
that such use will not be of substantial detriment to adjacent property, that the character of the district
will not be changed thereby and that su~ch use will be in harm6ny with the purpose and intent of this
ordinance, with the uses oermitted by rig..: in ~he district .... iUlation~i~d in section
5.0 of this ordinance, and with the
The items.which follow,_ will. be reviewed by the staff in their analysis of your reqff~st->PleaSe complete
this form and provide additional information which WilI assist the Countyii:i?i~S'i~ie~'~o~i~-'i~dt}-
If you need assistance filling out these items, staff is available.
What is the t--o~nprehensive Plan designation for tiffs property? D i'~<,./y..//~- /r~
How will the proposed special use affect the character of the district surrounding the property7
H°w is thc usc in ha=ony with ,ho purpose and intcn, of Zoning Ordinance?
How is lhe uso in harmony wi,h the uses permitmd by right in the district, _.. ~ - 6C';//
What additional regulations provided in Section 5.0 of the Zoning O~'dinance apply to this use7 .'~t* e__ .._~- / · /]
How will this use promote the public health, safety, and general welfare of the commu mty?' ,,-7'7.__.. ~_ ,:.or'//hF,~,,,'r[e.
6
Describe yc~:: request in detail ua~l include all pertinent information suc ~m~s the numbers of persons
involved in the use. operating hours, and any unique features of the use:
ATTACHMENTS REQUIRED - provide 1
Recorded olat or b,~maarv_ ._ . surve- ,-~ ,h ......... _ _ . requested for the rezcning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, a document accer>table to
the Coun[y .must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
if the applicant is the agent of the owner, a documen.t acc.eptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify'that the information provided is true and accurate to the best of my
Signature Date ,/
Prin~d Name ~ Daytime phone number of Signatoq
SRADWELL ANIMAL HOSPITAL
Attachment for Special Use Application
I would like to open a primarily small animal veterinary hospiud with the possibility of doing off site large
ammal work as well. The 2176 square foot building would consist of exam rooms, a waiting and reception
area, a ac,/:rah-n~acy area, a surgery, a x-my room, a treatment room, an office, a bathroom, and a small
animal ward to house hospitalized animals. Hours of operation would be from 7:30 AM to 6 PM, M-F and
from 8-12 on Saturday. Staffing would consist of 2 full-time employees, 2 part-time employees and I to 1.5
veterinarians. '
Within 5 years I would like to expand off the rear (eas0 part of the building approximately 1440 square feet
(720 over 720 sq. ft). I would anticipate 4 full-time employees, 5 part-time employees and 2-2.5
veterinarians at that time. Hours of operation would remain the same. I would like this application to
include this future expansion pending ARB approval and meeting all site plan requirements to be executed
administratively by the Director of Planning.
Richard L. Godine; DVM
r~u~'~, biLUb~HILL PHONE blO. : 8049840426 "'"' Aug. 28 2002 08:01PM P2
--'!
ATTACHMENT B
ATTACHMENT C
ALBEMARLE COUNTY COD ~
ATTACHMENT D
g. Exits and aisles and passageways shall be kept adequately lighted at all t;mes when open '
the public. Artificial lights shall be provided whenever natural light is inadequate.
5.1.09 FIRE, AMBULANCE, RESCUE SQUAD STATION (VOLUNTEER)
Each fire, ambulance or rescue squad station~(volunteer) shall be subject to the following:
a. Any such use seeking public funding shall be reviewed by the commission in accordance with
section 312..$. Specifically, the commission shall find that the proposed service area is not
already adequately served by another: such facility. ~' In addition, the commission shall
consider.' growth potential for the area; relationship to centers of population and to high-value
property concentrations; and access to and adequacy of public roads in the area for such use.
The commission may request recommendation from the Albemarle County fire official and
other appropriate agencies in its review;
b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions may be
ailconducted other times, outdoors (Amended during 6-14-00; daylight 10-3--01) hours and shall be conducted in an enclosed building at
(§ 5.1.09, 12-10-80, 6-t4-00; Ord. 01-18(6), 10-3-01)
5.1.10 JUNK YARDS
a. All storage and operational areas shall be enclosed by a solid, light-tight, sightly fence not less
than eight (8) feet in height or alternative screening and/or fencing satisfactory to the
commission;
b. Storage yards and access to public roads shall be maintained in a dust-free surface.
_~5.1.11 COMMERCIAL KENNEL, VETERINARY SERVICE, OFFICE OR HOSPITAL, ANIMAL
HOSPITAL, ANIMAL SHELTER (Amended 6-14-00)
Each commercial kennel, veterinary and animal hospital shall be subject to the following:
Each commercial kennel, veterinary service, office or hospital, animal hospital and animal shelter
shall be su~ect to the following:
a. Except where animals are conf'med in soundproofed, air-conditioned buildings, no structure or
area occupied by animals shall be closer than five hundred (500) feet to any agricultural or
residential lot line. For non-soundproofed animal confinements, an external solid fence not
less than six (6) feet in height shall be located within fii'~y (50) feet of the animal confinement
and shall' be composed of concrete block, brick, or other material approved by the zoning
administrator; (Amended I I- 15-89)
b. For soundproofed confinements, no such structure shall be located closer than two hundred
(200) feet to any agricultural or residential lot line. For soundproofed confinements, noise
decibels;measured(Amendedat the nearestll.lagriculturals.89; 6-I4-00)°r residential property line shall not exceed fifty-five (55)
c. In all cases, animals shall be conf'med in an enclosed building from 10:00 p.m. to 6:00 a.m.
(Amended 11-15-89; 6-14-00)
d. In areas where such uses may be in proximity to other uses involving intensive activity such
as shopping centers or other urban density locations, special attention is required to protect the
public health and welfare. To these ends the commission and board may require among other
things: {Amended 11-15-89)
-Separate building entrance and exit to avoid animal conflicts;
(Added 11-15-89)
-Ama for outside exercise to be exclusive from access by the public by fencing or other
means. (Added I I- 15-89) 18-5-6
Zoning Supplement #16, 10-3--01
12.
ATTACHMENT E
Clifford H. Fox, Jr.
Principal Broker
Foxfyre Enterprises, Inc.
REAL ESTATE CONSULTANTS
4543 GARTH ROAD
CHARLOTTESVILLE, VIRGINIA 22901
November 25, 2002
Telephone: (434) 823-7500
Fax: (434) 823-7501
Email: foxfyre~cstone, net
Steven B. Biel, Planner
County of Albemarle
Dept. of Planning &
Commtmity Development
401 Mclntire Road, Room 218
Charlottesville, VA 22902-4596
Re: Request for Waiver of Albemarle Code 5.1.11 for SP-2002-050, Shadwell Animal
Hospital.
Dear Mr. Biel:
The Applicant hereby requests a waiver of Section 5.1.11 paragraph~((a) through-(~ of
the Albemarle Zoning Ordinance as applicable to reduce the required setback from 500
and 200 feet to 50 feet. The property is adjacent to C-1 zoned property to the east and
west, as proposed, so there is no setback.required from these parcels. The north side of
the property abuts Route #22; the southern abuts the railroad and US Route #250.
Interstate #64 is within 600 feet of the property. The building construction type, BOCA
Type 5B, provides sufficient soundproofing.
There will be no outdoor animal facilities and the animal hospital operating hours will be
7 a.m..to 6 p.m. Monday through Friday 'and 8 a.m. to 12 noon on Saturdays. Emergency
calls would be taken ager hours. We have not found any' residences within 500 feet of
this site. We are working with the zoning department to identify the ambient nOise level
at the site.
We feel that the noise impact of the animal hospital will be similar to having a dog bark
inside a house in the context of two busy roads and a railroad.
Clifford H. Fox, Jr.
Foxfyre Enterprises, Inc.
A ye,
Appllcant~~52---~
ATTACHMENT F
Steven Biel
From: Grimes, Matthew C. [Matthew. Grimes@Vir§iniaDOT. org]
Sent: Monday, December 02, 2002 3:34 PM
To: 'sbiel@albemarle.org'
Subject: turn lane on 22
Steven,
After meeting with Culpeper District Staff about the signal project at the intersection of Routes 22 and 250,
have the following information to share:
There is an active project in the Six Year Program to signalize this intersection.
if an agreement between Albemarle County and VDOT is reached, most of the cost of this project could be
paid using funds already escrowed to Albemarle Count~ from the Glenmore proffers.
The existing and proposed entrances to Shadwell Grocery, Shadwell Antiquaries, and the Tea House sites are
within the operational area of the proposed signal. Beacause of their proximity to the proposed signal, a left
turn lane should be constructed to serve the Shadweil Grocery, Shadwell Antiquaries, and the Tea House
sites.
Since there is no design for the signal project yet, the applicants should escrow funds sufficient to construct a
100' left turn lane, with a 100' taper to Albemarle County, to be transferred to VDOT so that left turn lane can
be constructed at the time of the signal improvements.
Culpeper District staff estimate the cost of this left turn lane at $150,000
Ifyou have any questions, please call.
Matt Grimes, EIT
Transportation Planning Engineer
VDOT Charlottesville Residency
434.293.0011 ext 19
12/2/02
Glenn Brooks ATTACHMENT G
From: Glenn Brooks
Sent: Tuesday, December 03, 2002 11:41 AM ~
To: Steven Biel )
Subject: Shadwell Market, Antiquaries, and Animal Hospital turn lane on Rt. 22 ~J
I have looked at rough traffic figures and at the turn lane warrants of VDOT. In either case; the Animal Hospital
considered alone, or with the Antiquaries and Market, a left rum lane is warranted. This should be a recommended
condition of the SP. VDOT warrants call for a 200' by 200' left turn lane, but considering the request of Matt Grimes, a
100' by 100' lane will meet the requirement of the local residency. I will bring copies of my documentation by your office
today. The applicant may wish to have someone look at this in more detail, and perhaps come to a different conclusion. '
.I.5
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 ~c[ntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 41512
December 10, 2002
John L. Cooney, AIA
JCA Architects
1451 Dolley Madison Blvd
McLean, VA 22101
RE: SP-2002-057 Rivanna Ridge Giant Food Store; Tax Map 78, Parcel 73A(1)
Dear Mr. Cooney:
The Albemarle .County Planning Commission, at its meeting on December 3, 2002, by a vote of 7:0, recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the
following conditions:
1. The site improvements shall be developed in general accord with the attached Minor Site Plan Amendment,
entitled Giant Food Outdoor Sales / Display exhibit, dated September 20, 2002;
2. The owner shall obtain an Architectural Review Board Certificate of Appropriateness;
3. Items shall be displayed only in the areas of the covered walkway identified in green on the plan submitted for
ARB review, entitled "Ground Floor Plan," dated August 2, 2001;
4. No additional lighting shall be introduced to the site for the purpose of illuminating this display;
5.thanN° neWthreeSignagefeet; associated with this use shall be permitted. Pricing information shall not be displayed higher
6. Display areas shall be-located within 5 feet of the front wall of the building;
7. Displayed items shall not exceed 7% feet in height, except that in areas where items are displayed in front of
windows those items may not exceed window sill height, but in no case can bagged mulch or bagged potting soil
exceed 3' in height;
8. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and bagged potting soil; and
9. Sales not requiring permanent installations may also be conducted within the display area.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on January 15, 2003. 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 corn ments regarding the above noted action, please do not hesitate to contact
me.
Sincerely,
Principal Planner
MD/jcl
Cc:
Jack Kelsey
Am ella McCulley
Steve Allshouse
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax {434) 972 - 40~12
December 10, 2002
John L. Cooney, AIA
JCA Architects
1451 Dolley Madison BIvd
McLean, VA 22101
RE: SP-2002-057 Rivanna Ridge Giant Food Store; Tax Map 78, Parcel 73A(1)
Dear Mr. Cooney:
The Albemarle County Planning Commission, at its meeting on December 3. 2002. by a vote of 7:0, recommended
approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the
following conditions:
1. The site improvements shall be developed in general accord with the attached Minor Site Plan Amendment,
entitled Giant Food Outdoor Sales / Display exhibit, dated September 20, 2002;
2. The owner shall obtain an Architectural Review Board Certificate of Appropriateness;
3. Items shall be displayed only in the areas of the covered walkway identified in green on the plan submitted for
ARB review, entitled "Ground Floor Plan," dated August 2, 2001;
4. No additional lighting shall be introduced to the site for the purpose of illuminating this display;
5.thanN° neWthreeSignagefeet; associated with this use shall be permitted. Pricing information shall not be displayed higher
6. Display areas shall be located within 5 feet of the front wall of the building;
7. Displayed items shall not exceed 7~ feet in height, except that in areas where items are displayed in front of
exceedWin dows3,thosein height;items may not exceed window sill height, but in no case can bagged mulch or bagged potting soil
8. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and bagged potting soil; and
9. Sales not requiring permanent installations may also be conducted within the display area.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public
comment at their meeting on January 15, 2003. Any new or additional information regarding your application must be
submitted to the Clerk of the Board of Supervisors at least seven days pdor to your scheduled headng date.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact
me.
Sincerely,
Principal Planner
MD/jcf
Cc:
Ella Carey
Jack Kelsey
Amelia McCulley
Steve AIIshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
MARGARET DOHERTY
DECEMBER 3, 2002
JANUARY 15, 2003
SPECIAL USE PERMIT (SP-02-57},
RIVANNA RIDGE GIANT FOOD STORE OUTDOOR SALES & DISPLAY
Applicant's Proposal: Outdoor sale of seasonal items, such as mulch, 'trees, plants, pumpkins, etc. The
items will be displayed on the sidewalk, just outside the front door of'the Giant grocery store, along the
building face.
Petition: Request for special use permit to allow outdoor storage and display of merchandise in accordance
with Section 30.6.3.2.b of the Zoning Ordinance which allows for outdoor storage, display and/or sales
which would be visible from an Entrance Corridor. The property, described as Tax Map78 Parcels 73A and
76 is located in the Rivanna Magisterial District on Route 250 in the Giant Shopping Center. The property is
zoned PDMC. The Comprehensive Plan designates this property as Regional Service in Neighborhood 3.
RECOMMENDATION: Staffhas reviewed the proposal for conformity with the Comprehensive Plan and
with Zoning Ordinance and recommends approval of the special use permit with conditions.
Planning and Zoning History: The final site plan, which allowed for what was then known as the "Kroger
Store at Pantops," was approved on February 2, 2001, as SDP-00-123. This site plan has had a number of
letters of revision and minor amendments administratively approved since the beginning of construction.
Comprehensive Plan: The Land Use Plan shows this area as Regional Service in Neighborhood 3. The
proposed outdoor display use is consistent with the Regional Service designation, which anticipates grocery
stores.
Engineering Analysis: The County's Engineering staff has reviewed this request for engineering issues
related to health, safety, and welfare requirements. The Engineering Department is recommending approval
of the special use permit and minor amendment.
ARB Considerations: In an action letter, included as Attachment C, the Architectural Review Board has
expressed no objections to the use. They recommend approval with the following conditions:
Items shall be displayed only in the areas of the covered walkway identified in green on the plan
submitted for ARB review, entitled "Ground Floor Plan," dated August 2, 2001;
2. No additional lighting shall be introduced to the site for the purpose of illuminating this display;
No new signage associated with this use shall be permitted. Pricing information shall not be displayed
higher than three feet;
Display areas shall be located within 5 feet of the front wall of the building;
Displayed items shall not exceed 7½ feet in height, except that in areas where items are displayed in front
of windows those items may not exceed window sill height, but in no case can bagged mulch or bagged
potting soil exceed 3' in height;
6. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and bagged potting
soil; and
7. Sales not requiring permanent installations may also be conducted within the display area.
STAFF COMMENT:
Section 31.2.4.1 of the Zoning Ordinance below requires that special use permits be assessed as follows:
Will the use be of substantial detriment to adjacent property?
It is anticipated that the proposed use will have no negative impact on adjacent property due to the
requirements of the ARB.
Will the character of the zoning district change with this use?
The potential impact of the proposed use on the character of the district has been addressed by the ARB. The
ARB has recommended approval subject to conditions, (see Attachment C). With the conditions
recommended by the ARB the character of the district will not be changed.
Will the use will be in harmony with the purpose and intent of the zoning ordinance?
Staff has reviewed this request for compliance with the purpose and intent of the EC district..Based on the
recommendation of the ARB, this use is in harmony with the purpose and intent of the EC District.
Will the use be inharmony with the uses permitted by right in the district?
The grocery store use was approved previously. The outdoor display is a typical accessory use. The use will
not restrict permitted uses on this or adjacent property.
Will the use comply with the additional regulations provided in Section 5.0 of this ordinance?
No regulations in Section 5.0 apply specifically to this use.
Will the public health, safeW and general welfare of the community be protected if the use is approved?
Compliance with the recommendations of the ARB and approval of a site plan amendment will protect the
public health safety and general welfare. Condition number six, below, limits the area of display, allowing
2
sufficient width of sidewalk for pedestrians, specifically, up to eleven feet where there are no columns or six
where there are columns.
SUMMARY:
This use is by special use permit due to the use of outdoor storage and display within the Entrance Corridor
Overlay District. The Architectural Review Board has reviewed this request for its impact on the Route 250
East Corridor. The action, which is included as Attachment C, expressed no objection to the proposed use. It
is staffs opinion that with the ARB's approval of a Certificate of Appropriateness, this use is consistent with
the intent of the Zoning Ordinance and Comprehensive Plan.
RECOMMENDED ACTION:
Staff recommends approval of SP-02-57 with the following conditions:
The site improvements shall be developed in general accord with the attached Minor Site Plan
Amendment, entitled Giant Food Outdoor Sales / Display exhibit, dated September 20, 2002;
2. The owner shall obtain an Architectural Review Board Certificate of Appropriateness;
Items shall be displayed only in the areas of the covered walkway identified in green on the plan
submitted for ARB review, entitled "Ground Floor Plan," dated August 2, 2001;
4. No additional lighting shall be introduced to the site for the purpose of illuminating this display;
o
No new signage associated with this use shall be permitted. Pricing information shall not be
displayed higher than three feet;
6. Display areas shall be located within 5 feet of the fr6nt wall of the building;
Displayed items shall not exceed 7½ feet in height,.except that in areas where items are displayed in
front of windows those items may not exceed window sill height, but in no case can bagged mulch or
bagged potting soil exceed 3' in height;
Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and bagged potting
soil; and
9. Sales not requiring permanent installations may also be conducted within the display area.
ATTACHMENTS:
A - Tax Map
B - Giant Food Outdoor Sales / Display exhibit, dated September 20, 2002
C - Architectural Review Board action letter, dated November 8, 2002.
RIVANNA RIDGE GIANT FOOD STORE OUTDOOR SALES/DISPLAY LIST
- Number of Items on Disolay Heittht of Months of the Year,
Items Carried. (Per Store) Display LoCation,, Disl~lay Carried
Young Hardwood and 100 Trees On pallets outside on sidewalk '- . 90" Late January .March
Fruit Trees to either side of front entrance.
Mulch and Potting Soil 4 - 24 Pallets On palletsoutside on sidewalk 90" February - September
(64 bags of bark or mulch per pallet to either side of front entrance.
and 140 bags of potting soil per pallet.)
-~agged Shrubs 40 Bundles On pallets outside on sidewalk 36" February - March
(5 plants per bundle) to either side 'of front entrance.
Potted Azaleas and 700 - 1,000 On pallets outside on sidewalk 24" March, April,
Assorted Shrubs to either side of front entrance. September, and
'October
Bedding Plants and 4 Carts Displayed on display carts to Displays. April - July
Flowing Hanging (48 fiats of bedding plants or 55' sidewalks'on either side of carts are
Baskets hanging baskets per cart; 36 bedding main entrance at front of 72" tall.
plants per fiat) store.
Early in the 'season, typical orders are
· for 2 carts of bedding plants and2 carts .
of hanging baskets. Late seasOn, the .
orders run 1 cart bedding plants and 3 . ·
carts hangin~ baskets.
10" Tropical plants 500 Plants May be displayed outside on Displayed April and August.
sidewalk to either side of front on pellets
entrance if weather permits. . or directly-
Plants must be brought inside on
. if weather is cold. sidewalk.
' Plants may ~
be 5-6 ft.
-~ tall.
Fall Mums, 8" 800 Plants On pnllets outside on sidewnlk Display on September- October
to either side of front entrnnce, pallets.
Pumpkins, 6 Pallets On pnllets oUtside on sidewalk 72" September - October.
Cantaloupes, to either side of front entrance.
watei-aJelons 72" june - August
Corn, Tomatoes 8 Pallets On pallets outside on sidewalk
to either side of front entrance.
''I
"..~ ~---~ I ~ ~ ~ :-11 ?
· , ...... -~ ~ ~ ,~ ~ ~ ~
.,, .... ,1 ,, ,t ,t~ ~ ~ ~ ~ ~ ~ ~ ~ ~-~ ~m~ ~ ~, ~
I~ ~ ' I ' *l .1
· .~ , ..... ~I ~,~. .1~ i . ~.~ . . ~ ~ ~ ~, ~ : ,,,, ..,
~ I ~ ,I' :1~ I ~,, ~" ..... ~ ~ , ~ d" -~ ..... I~XJI ~ ~ ~~~-:-~~
I
ATTACHMENT C
COUNTY OF ALBEMARLE
Department ofpJanning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
November 8, 2002
John L. Cooney, AIA
JCA Architects
1451 Dolley Madison Blvd., Suite 104
McLean, VA 22101
RE: ARB-2002-116: Rivanna Ridge Giant Food Store Outdoor Display; Tax Map 78, Parcels 73A and 76
Dear Mr. Cooney,
The Albemarle County Architectural Review Board reviewed the above noted item at its meeting on November 4, 2002 and
unanimously voted to forward-the following recommendation to the Planning Commission:
The ARB expresses no objection to the Special Use Permit subject to the following conditions: 1. Items shall be displayed only in the areas of the covered walkway identified in green on the plan submitted for
ARB review (entitled Ground Floor Plan and dated August 2, 2001).
2. No additional lighting shall be introduced to the site for the purpose of illuminating this display.
3. No new siguage associated with this use shall be permitted. Pricing information shall not be displayed higher
than three feet.
4. Display areas shall be located within 5 feet of the front wall of the building.
5. Displayed items shall not exceed 7½ feet in height, except that in areas where items are displayed in front of
windows those items may not exceed window sill height, but in no case can bagged mulch or bagged potting
soil exceed 3' in height.
6. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and bagged potting soil.
7. Sales not requiting permanent installations ma3' also be conducted within the display area.
Please note that if the Special Use Permit is approved, these notes should be added to the plan. If you have questions, feel
free to contact me.
Sincerely,
Margaret Maliszewski
Design Planner
Cc: File
t,/qVlargaret Doherty
SP.2002-057 Rivanna Ridge Giant Food Store-Outdoor, SaleslDisr)lav: (Si;n #72, 73, and 75)
Request for special use permit to allow outdoor storage and display of merchandise in
accordance with Section 30.6.3.2.b of the Zoning Ordinance which allows for outdoor storage,
display and/or sales which would be visible from an Entrance Corridor. The property, described as
Tax Map 78 Parcels 73A and 76 is located in the Rivanna Magisterial District on Route 250 in the
Giant Shopping Center. The property is zoned PDMC. The Comprehensive Plan designates +,his
property as Regional Service in Neighborhood 3. (Margaret Doherty)
Mr. Benish presented the staff report. (See the attached copy of the staff report.) He stated that
staff has reviewed the request for conformity with the Comprehensive Plan and Zoning Ordinance,
and recommends approval of the special use permit. The ARB has reviewed this proposal and
has recommended approval with conditions. Those conditions are reflected in the staff's
recommended conditions. In summary, the outdoor sales is going to be pdmadly seasonal items
suCh as mulch and trees, plants, pumpkins and the like. The items will be displayed on the
sidewalk area just outside the front door of the Giant Grocery Store and along the building's face.
There is also an attachment with a table that depicts the materials that can be stored, how they
can be displayed and their height. He noted that if there were any questions that he would be
happy to answer them.
Mr. Loewenstein asked if there were any questions for Mr. Benish.
Mr. Craddock suggested marking the sidewalk 5 feet out from the wall in the same manner that
had been done for a competitive store.
Mr. Benish stated that had been done for the Foodlion site, but noted that there were some
differences in the site designs. He stated that one of the concerns with the Foodlion site design
was that there was no curbing and the asphalt goes right up to the concrete pads. There was
some concern that there was no clear delineation, which was one of the reasons for the markings.
He noted that these were raised curbs and much larger walkway areas. The Foodlion site had
such a constrained area that you might lose the walkway. He pointed out that he was not sure if
that was going tO be the problem here, but staff could certainly look into that.
Mr. Craddock stated that the sidewalk was pretty wide.
Mr. Thomas stated that condition number 6 states that display areas shall be located within 5 feet
of the wall. He asked if that was from the front wall of the building.
Mr. Benish stated that he underStood that for enforcement that they have to be within that 5-foot
measurement from the Wall. This would ensure that there would be a walkway.
Mr. Rieley stated that they have seen a number of these in recent yeare. Generally the issue of
adding what is essentially additional retail space outside that is additional to the retail space
approved on the plan has not seemed to be too much of a concern because our parking
regulations have been so far in excess of what would normally be required. They have never had
a maximum number of parking spaces in the past. Now, however, they were on the threshold of a
new ordinance which does indeed have maximums and which has a realistic starting point of
those numbers. Generally, he asked if they were thinking about the provisions that they need to
make to anticipate the fact that these requests for additional space always seem to come along
with these types of retail operations.
Mr. Benish stated that in general in regards to outdoor sales and display, he had not thought of
the parking spaces. He Suggested that Jan or Elaine could respond a little bit better on how much
they have thought about how additional outdoor sales and display have been thought of in terms
of the requirements that they have proposed in the ordinance. He noted that it was a good point
and they probably needed to recognize that, but that this parking would fall under the old parking
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 3, 2002
DRAFT MINUTES FOR SP-200---050, SP-2002-060, AND SP-2002-057
6
provisions. In this case it is a more general question, but was something that they needed to start
thinking about.
Mr. Loewenstein asked if there were other questions or comments from the Commissioners.
There being none, he opened the public headng and asked if the applicant wants to make a
statement.
Mr. John Kooney, of JC Architects, stated that they were the odginal architects for this shopping
center. They have been asked to come before the Commission. The list in their package has
been revised in accordance with the recommendations by the ARB. He distributed the list to the
Commissioners. He noted that the list was in compliance with all of the requests that the ARB
made. As you look at the floor plan and those four dark areas as you go across the face of the
store they were marked 1, 2, 3 and 4 from left to right. He pointed out that 2 and 3 that are
between the vestibules are the areas that no displays will be higher than those windows that are 3
feet high. He stated that they would comply with all the ARB comments and ask for your approval.
He stated that he would be happy to answer any questions that you might have.
Mr. Loewenstein asked if there was anyone else present to speak, There being none, the public
headng was closed and SP-2002-057 placed back before the CommisSion for discussion and
action.
Mr. Rieley moved for approval of SP-2002-057 with the conditions recommended by staff as
follows:
1. The site improvements shall be developed in general accord with the attached Minor Site Plan
Amendment, entitled Giant Food Outdoor Sales / Display exhibit, dated September 20, 2002;
2. The owner shall obtain an Architectural Review Board Certificate of Appropriateness;
3. Items shall be displayed only in the areas of the covered walkway identified in green on the
plan submitted for ARB review, entitled "Ground Floor Plan," dated August 2, 2001;
4. No additional lighting shall be introduced to the site for the purpose of illuminating this display;
5. NO new signage associated with this use shall be permitted. Pricing information shall not be
displayed higher than three feet;
6. Display areas shall be located within 5 feet of the front wall of the building;
7. Displayed items shall not exceed 7% feet in height, except that in areas where items are
displayed in front of windows those items may not exceed window sill height, but in no case
can bagged mulch or bagged potting soil exceed 3' in height;
8. Display items may include fruits, vegetables, plants, trees, shrubs, bagged mulch, and
bagged potting soil; and
9. Sales not requiring permanent installations may also be conducted within the display area.
Mr. Edgerton seconded the motion.
The motion carded unanimously (7:0).
Mr. Loewenstein stated that SP-2002-057 had been approved and would go to the Board of
Supervisors on January 15a.
ALBEMARLE COUNTY PLANNING COMMISSION - DECEMBER 3, 2002
DRAFT MINUTES FOR SP-200---050, SP-2002-060, AND SP-2002~057
7
December 17, 2002
COUNTY OF ALBEMARLE
'Department of Planning & Community Development
401 Mclntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296- 5823
Fax (434) 972 - 4012
12-20-02 P08:4~5 N
Roy S. Thomas, III
5804 St. George Avenue
Crozet, VA 22932
RE:
SP-2002-058 Crozet Baptist Church Parsonage Amendment
Tax Map 56A(1), Parcels 100 & 82
Dear Mr. Thomas:
The A bemarle County Planning Commission, at its meeting on December 10, 2002, bya vote of 4:0,
recommended approval of the above-nOted petition to the E~oard of Supervisors. Please note that this
approval is subject to the conditions approved with the church's existing special permit with the addition of
the office use as follows:
1. There shall be no day care center or private school on site without a separate special use permit.
2. Any enlargement or expansion of the church use or structures will require an amendment to the
Special Permit (SP-2002-'058).
3. The use of the residences/parsonages for Sunday School/educational classes/office use shall be
permitted only on the first floor of each residence/parsonage located on Tax Map 56A1. Section
1, Parcels 82 and 100.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 15, 2003. 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,
Senior Planner
SET/jcl
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP 2002 - 058 Crozet Baptist Church Parsonages
Amendment
SUBJ ECT/PROPOSAL/REQUEST: Request to amend an
existing special use permit to allow office use in two existing
church parsonages, in accordance with Section 14.2.2.12 of
the Zoning Ordinance which allows for churches in the R-2
Residential District. The property, described as Tax Map
56A1 Parcels 100 and 82, contains 4.506 acres, and is
located in the Whitehall Magisterial District on St. George
Avenue approximately 1/4 mile west of the intersection of St.
George and Crozet Avenue (Route 810). The property is
zoned R-2, Residential and designated for Neighborhood
Density Residential use (3 - 6 dwelling units per acre) in the
Comprehensive Plan, in the Community of Crozet.
STAFF CONTACT(S): Ms. Thomas, Mr. Cilimberg
AGENDA DATE: ITEM NUMBERS:
Planning Commission, December 10, 2002
Board of Supervisors, January 15, 2003
ACTION:
Yes - Recommend approval
INFORMATION:
CONSENTAGENDA:
ACTION: IN FORMATION:
ATTACHMENTS:
yes
REVIEWED BY:
BACKGROUND: Crozet Baptist Church has an existing special use permit, SP 1999-064, which was approved with
conditions by the Albemarle County Board of Supervisors on January 19, 2000, allowing religious education activities in
the first floor of two parsonages owned by the church (see Attachment A, letter of approval). The current request see ks to
add office use to the current educational use in the two parsonages. The existing residential use would continue on the
second floor area of both parsonages. (see Attachment B, C and D)
DISCUSSION: In its application and in meetings with staff, the church has indicated that a rearrangement of office space
~s needed for church volunteers coordinating certain occasional functions such as weddings, dinners and special events.
Currently this task is being handled from the main office, but conditions have become crowded. The church proposes to
relocate equipment (desks and files) associated with these occasional functions to the existing approved religious
education space, located on the first floor of the two parsonages owned by the church, one adjacent to the main church
building and one directly across from it. Both parsonages are located on St. George Avenue, as is the church.
It is anticipated that the education and volunteer coordination uses can co-exist easily since schedules vary widely
according to the church members' time. No new use ~s being introduced and no new construction will result. 'The
amendment request merely involves a rearrangement of current activity. The existing residential use would continue on
the second floor of both parsonages.
County reviewers have identified no issues with this request. There would not be any significant impacts to adjacent
properties created by moving the office use to these sites. VDOT recommended that the existing entrances to the church
parking lot be redesigned and consolidated (see Attachment E). Because the special permit amendment request is minor
and involves no physical changes to the site, staff does not believe that the parking lot redesign is necessary now and has
communicated that position to VDOT. If new construction occurs in the future, staff would support the parking lot
remodeling that VDOT has recommended.
RECOMMENDATION: Staff finds that no adverse impacts to church operations, adjacent properties or the general public
will occur as a result of the relocation of certain office functions to the parsonages. Therefore, staff can recommend
approval of SP 2002-058, subject to the conditions approved with the church's existing special permit with the addition of
the office use. Recommended conditions of approval are as follows:
1. There shall be no day care center or private school on site without a separate special use permit.
2. Any enlargement or expansion of the church use or structures will require an amendment to this Special Permit (SP
2002-058).
3. The use of the residences/parsonages for Sunday School/educational classes/office use shall be permitted only on the
first floor of each residence/parsonage located on Tax Map 56A1, Section 1, Parcels 82 and 100.
Attachments:
-,'¢'% A - 1/19/2000 BOS Letter of Approval B - Area Map
C - Sketch Plan of Existing Conditions
D - Applicant's Justification
E - 11/05/02 VDOT Letter
ATTACHMENT A
January 31, 2000
COUNTY OF ALBEMARLE
Department of Planning & Community Dev~elopment
401 Mclntire Road, Room 21 g
Charlottesville, Virginia 229024596
(804) 296 - 5823
Fax (804) 972 - 4035
Roy S. Thomas, ETAL
Crozet Baptist Church
5804 St. George Avenue
Crozet, VA 2932
SP-99-64 Crozet Baptist Church
Tax Map 56A1, Section 1, Parcels 82 and 100
Dear Mr. Thomas:
The Albemarle County Board of Supervisors, at its meeting on January 19, 2000, unanimously
approved the above-noted request to use the first floor of two separate residences for educational
classrooms. Please note that this approval is subject to the following conditions:
1. There shall be no day care center or private school on site without a separate special use permit.
Any enlargement or expansion of the church use or structures will require an amendment to this
Special Permit (SP 99-064).
The use of the residences/parsonages for Sunday School/educational classes shall be permitted
only on the first floor of each residence/parsonage located on Tax Map 56A1, Section 1, Parcels
82 and 100.
In the event that the use, structure or activity for which this special use permit is issued shall not
be commenced within eighteen (18) months after the issuance of such permit, the same shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes
of this section, the term "commenced" shall be construed to include the commencement of
construction of any structure necessary to the use of such permit within tWO (2) years from the
date of the issuance thereof which is thereafter completed within one (1) year.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department.
Before the Zoning Department will issue a clearance, you must comply with the conditions in
this letter. For further information, please call Jan Sprinkle at 296-5875.
PLAT OF
1.197 ACRES,LOCATED ON
ST. GEORGE AVENUE ,CROZET,ALI3EMARLE CO.,VA.
FOR
CROZET BAPTIST CHURCH
SCALE: I" = 50' DATE: 7.17.78
50' 30' Io' oo'
R. O. SNOW 8~ ASSOCIATES
CHARLOTTESVILLE,VIRGINIA
RECEIVED IN PLANNING
NOVEMBER 22, 2002
ATTACHMENT C-I
ST. GEORGE AVE.
I ~ 6.~o' 5821 ST. GEORGE AVENUE
CENTER OF
ALLEY
D.B. 440 - 353
D.B. 167- 47 (PLAT)
620'
ASPHALT
2 s"r( ' BRICK
Z
(SET)
1.197 ACRES
W. B. 48 - 161 D.B. 380 - 455
, D.B. 202-567(PLAT)
W.A.HIGGS & A.d. YOUNG
D.B. 182 - 45,46 (PLAT)
4t51 TO
WAYLAND AVENUE
PARKING LOT
MARIA TILMAN
W.B. 54-242 D.B. 180 - 382
D.B. 152 - 306 (PLAT)
}ROI,I.
~SET~
EDWARD R. WALTON
D. 8. 470- 401,403 (PLAT)
STREAM
/
/
STONE
LLI
0
0
0
0
Z
IRON
FOUND
LOT 69
SECTION TWO
D.B. 3 8 5 - 4 2 5 P L A T
LOT 68
LOT 67 LOT 66
CHURCH BUILDING NOT SHOWN
i
I
N55olS'OO"W
PARKING
T.M. 56A(I)
2.25+ ACRES
D.B. 1315 - 592 PL~,T
D.B. 381- 405, 407 PLAT
D.B: 3,53 - 353
D.B. 290 -
D.B. 250 - 394 DESC.
D.B. 123 - 78 DESC.
CHURCH BUILDING NOT SHOWN
156.79'
260.00'
:50.00'
Mo| _,0' -i _-'1 VAULT/~
o~ wA'FER
-/VALv'ER~ E~-t
o.oo'
STATE ROUTE 1202
(ST. GEORGE AVE.)
DETAIL - I"= 20'
T.M. 56A(t)- (,. t(.~).)
78A
CARL G. & GLORA A. GATES
v
D.B. 573-269, 271 PLAT
T.M. 56A(1)-O 80
CARL G. & GLORA A. GATES
D.B. 57:3-269, 2'71 PLAT
TO ST. RT. 810.---~
STATE
(ST.
ROUTE
GEORGE
AVE.)
1202PLAT ¢;HOWING
NEW WATER LINE EASEMENT
TO BE DEDICATED TO THE ALBEMARLE CO. SERVICE AUTHORITY
LOCATED ON THE CROZET BAPTIST CHURCH PROPERTY
IN THE COMMUNITY OF CROZET
WHITE HALL DISTRICT
ALBEMARLE COUNTY, VIRGINIA
SCALE: I" = 50'
FOR
CROZET BAPTIST CHURCH
ROGER W RAY & ASSOC, INC.
DATE: 3-9-94
RECEIVED IN PLANNING
NOVEMBER 22, 2002
:- County of Albemarle·
.~ ':' Department'of Buil~O~tg Code and
fomcEvsr~m,¥__ ~ __ _~ . ~ . Zoning Services
Apphcat on for Special Use
ermit' ATTACHMENT D
lT~°vg.5'st~t .g~ *Z°ning Ordinance Section number requited
~ stau Will ~s~st you wit~ thcsc items)
Number o~ acr~ to be covered by Special Use Permit ar.~u .,.~,__,.. ,,.,,
Is'this an amendment to an existing Special Use Permit~ ~ Y~
Are you submitting a site development plan wifl~ ~g applicafionO ~eaO No
tDaytime Phone (~) ~,. ,1,I Fax;ay
~aytimePhone( ) -J ~~ wS~vv' ~qS~
IApplieant CWho is the con,act r~=on rcp£esmi,,g? Who is requesting tim speci-.,I use.*): ~~.T ~'~r~'"~. C.~,~l,,~ 1
Address ~/O[ ~..
Daytime Phone (.,) Fax #
E-mail
Wax map and parcel ..~ l-OI.-Ig~, ~,~tl-t~l-.bg p, · ....
.
~ } ':- - _ ilySl~'ll Aaaress (ifa~signed)
.ILO ..z ~ : ~ ^v~- .sr. ~ ·
[ e-~tlOll Ot property Oandmart, intersectio ~s orot
City State.. Zip ...
~wner of this property own (or ha.ye any ownethip interest in) any. abutting property.'/
~ thosc tax map and parcel numbers ~'~-'f'~"7"'I' If yes, please list
OFFICE USE ONLY
Feeam°unt' ''~)00:~-! Date Paid q/~/~ Check, ~'~055 Receip, O/S~By...~
Histo~: ~S~ial Usc Permit,:~/~ q --~ Qq Q ZMAs anaProffers: " '
= ~ttcr of Authori~tion ~ iq
Concu~ent revie~ of Site Development pl~? ~ Yes ~ No ~
401 McIntire Road -:- Charlottesville, VA 22902 .:- Voice: 296-5832 -:- Fax: 972-4126
Section 31.2.4.1 of th~'; bemarle County Zoning Ordinance states that, "The board of supervisors
'hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use
permits fo[ uses as provided in this ordinance may'be isSued upon a fihding by the board of supervisors
that such use will 'hot be of substantial detriment'to adjacent property, that the character of the district
will .'not be el.ranged ther6by and thab~uch use will be in harmony :wlth'the purpose and intent of this
ordinance, with the uses permitted by right in th,e d. istrict,.with additional regulgtjons prqvided in section
5.0 of ~his ord~-n~nce, andwith the public health, Safety and general welfare.
'The i~ems which follow will be reviewed by the staff in their analysis of your request. Please.complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? t[~)~l... A ~
How will the proposed special use affectadjacent property? I..-I'~'F~ ~ ~t~> C.~/k/~_..- ! ~---~J~
How will the proposed special use affect the character of the district surrounding the property? [,[TT~ ~ ~q~
How is the use in harmony with the purpose and intent of the Zoning Ordinance? I"~ '~lJI ~ '~{J{~O~ T- ~
How is the use in harmony wi~h the uses permitted by right in the district?
What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use?
How will this use promote the public-health, safety, and general welfare of the community? "fit--l[ ~ ~,~-
Describe your request in deta~".~d include all pertinent information st(~as the numbers of persons
involved in the use, operating h6urs, and any unique features of the use:
ATTACHMENTS REQUIRED - provide two(2)copies of each:
Recorded't~lat 'or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
;the Deed Bo6k mad page nu~,ber or Plat Book and page number.
NOte: If you a~e requesting a special use permit only for a portion of the property, it
needs to be described or delineated, off a copy :of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name ora corporation, partnership
or association, or in the name o£ a trust,, orin a fictitious name; a docurfient acceptable to
the Coun[y.must be Submitted ce~ifying that the person signin~ below has the authority
tO do so.
.If the applicafit is a contract pumhaser, a document acceptable to the County must be
submitted containing, the ownerls written consent ~to'the appli'cation. , ~ .: :
If the applicant iv the agent :of the:owner,.h dOcumencacceptable~:to the· Cour~ty:fiaust be
submitted that is evidenJe of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
[2] 3. Drawings or conceptual plans, if any.
[2] - 4... ..Additional Information, if any.
Signature~ Date
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certify'that the information provided is tree and accurate to the best of my
Printed Name
Daytime phone number of Signatory
Describe your request in deta .Id include all pertinent information su as the numbers of persons
involved in the use, operating hours, and any unique features of the use: lid TI~ ~ ~L'~T~ ~
A~ACHMENTS REQUIRED - provide two(2) copi~ of each:
Recorded plat or boundary'survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trust, or in a fictitious name, .a document acceptable to
the County must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner'.s w:ritten consent .to the application.
If the applicant is the agent of the owner, a document acc.eptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this application. I also certifythat the information provided is true and accurate to the best of my
Si~n~i~r~r~' '~~" Date 7~"~'~ E>~--~
Printed Name
Daytime phone number of Signatory
COMMONWEALTH OF
DEPARTMENT OF TRANSPORTATION
701 VDOT Way
Charlottesville, VA 22911
Philip A, Shucet
COMMISSIONER
November 05, 2002
ATTACHMENT E
James L. Bryan
RESIDENT ENGINE ER
SP and ZMA Comments
November 2002
Mr. David Benish
Dept. of Planning and Community Development
401 Mclntire Road
Charlottesville, VA 22902
Dear Mr. Benish,
The following are my comments regarding the Special Use Permits and Zoning Map
Amendments for the November, 2002 public heating.
SP-2002-046; Route: 29; TM 45, P68D4 68D6; Brown Auto (Margaret Doherty)
The right-in right-out access point on US 29 will not permitted by the Culpeper District Traffic
Engineer.
SP-2002-056; Route: 744; TM 80, P21; Canaan Christian Church (Joan McDowell)
A 100' right turn lane, with a 25' transition is required. Minimum sight distance requirements
of 350' must be met at the proposed entrance. Right of way dedication of 30' from the existing
centerline of Route 744 along the entire property frontage is recommended, in light of a
pending request to have the road paved.
SP-2002-058; Route: 1202; TM 56A1, P100 P82; Crozet Baptist Church (Susan Thomas)
The existing church complex has four entrances on the north side of 1202, and one entrance on
the south side of 1202. This configuration should be improved to eliminate at least one of the
entrances to the large parking lot on the north side of 1202, and to line up the entance to the
parking lot on the south side of 1202 with one of the entrances on the north side of 1202.
SP-2002-060; Route: 825; TM 55, P99; Floral Images (Steven Biel)
The exisiting driveway does not meet the minimum sight distance of 250 feet, nor does it allow
vehicles to turn around on-site. The exising driveway should be improved or a new 30' wide
entrance should be constructed which meets the minimum sight distance and allows vehicles to
mm around on - site.
SP-2002-057; Route: 250; TM 78, P73A P76; Rivanna Ridge Giant
No comment.
TRANSPORTATION FOR THE 21 ST CENTURY
(Margaret Doherty)
tO
SP-2002-058 Crozet Ba tist Parsona e Si n #45 & 62 - Request to amend an existing
special use permit to allow office use in two existing church parsonages, in accordance with
Section '14.2.2.12 of the Zoning Ordinance which allows for churches in the R-2 Residential
District. The property, described as Tax Map 56A1 Parcels 100 and 82, contains 4.506 acres, and
is located in the Whitehall Magisterial District on St. George Avenue approximately 1/4 mile west
of the intersection of St. George and Crozet Avenue (Route 810). The property is zoned
Residential and designated for Neighborhood Density Residential use (3 - 6 dwelling units per
acre) in the Comprehensive Plan, in the Community of Crozet. (Susan Thomas)
Ms. Thomas presented the staff report. (See the attached coPY of the staff report.) She stated
that this was a very straightforward special use permit amendment request. Nearly three years
ago Crozet Baptist Church had a special use permit request approved to allow religious education
use on the ground floor of two parsonages, which they own. They now seek to add some very
specialized office functions to those current religious education locations. The change will involve
the rearrangement of some desks and files to allow people to coordinate volunteer coordinators
for the church to do things like weddings and dinners in the space that was under utilized at
certain times dudng the week. Therefore, they would move a desk or a file from the main office,
which is within the church building to the ground floors of these two parsonages, and just add that
use to the Sunday school and religious education use. This involves no site improvements and no
increase in traffic.
Mr. Loewenstein stated that there would be no expansion of use.
Ms. Thomas agreed that it was just a rearrangement. She pointed out that the conditions of the.
previously approved special use permit were included with the exception of number three where
the office use was added behind the educational classes. She noted that the upstairs of both
parsonages is currently in residential use.
Mr. Loewenstein asked if there were questions for Ms, Thomas. There being none, he opened
the public hearing on SP-2002-58 and asked if the applicant was present and if he wished to
make a statement
Paul Gaertner, representative for Crozet Baptist Church, stated that he was present to answer any
questions.
Mr. Loewenstein asked if there was anyone else who wished to speak to this matter. There being
none, he closed the public hearing to bring the matter back to the Commission for action.
Mr. Thomas moved for approval of SP-2002-058, Crozet Baptist Church Parsonage Amendment,
subject to the conditions approved with the church's existing special permit with the addition of the
office use as follows:
1. There shall be no day care center or private school on site without a separate special use
permit.
2. Any enlargement or expansion of the church use or structures will require an amendment
to the Special Permit (SP-2002-058).
3. The use of the residences/parsonages for Sunday School/educational classes/office use
shall be permitted only on the first floor of each residence/parsonage located on Tax Map
56A1, Section l, Parcels 82 and 100.
Mr. Edgerton seconded the motion.
The motion carded un~r~imous!y (4:0) with the conditions as stated previously.
Mr. Loewenstein stated that SP-2002-058 was approved and will go to the Board of Supervisors
on January 15th.
Albemarle County Planning Commissio~ - December 10, 2002 Page 8
Draf~ Minutes --Submitted January 2, 2002
COUNTY OF ALBEMARLE
Department of'Planning & Community Development
401 Mc[ntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
December 10, 2,002
William R. Herring
262 Yancey Mills Lane
Crozet, VA 22932
RE: SP-2002-060 Floral Images; Tax Map 55, Parcel 99
Dear Mr. Herring:
The Albemarle County Planning Commission, at its meeting on December 3, 2002, by a vote of 7:0,
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following condition:
1. There shall be no more than seven (7) clients per week on the premises.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on January 15, 2003. Any new or additional information regarding your
a pplication must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your
scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not hesitate
to contact me. '
Sincerely,
Steven Bie~
Senior Planner
SB/jcf
Cc:
Ella Carey
Amelia McCulley
Jack Kelsey
Steve AIIshouse
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Steven Biel
December 3, 2002
January 15, 2003
SP 2002-060 Floral Images
Applicant's Proposal: The applicants, Mr. William Herring and Mr. Joseph
Strickler, have requested approval ora special use permit for a Home Occupation - Class
B, to allow for the operation of a floral arrangement business. The applicants propose to
construct a 1,120 square foot garage/studio (40' x 28') that would be used for arranging
cut flowers (Attachment A). Hours of operation are Proposed to be Monday through
Friday, 8:00 a.m. to 4:00 p.m., with occasional Saturday hours. The applicants would not
have any additional employees. Any future consideration for the hiring of employees
would be limited to no more than two employees, which is permitted under the definition
of Home Occupation, Class B.
The apphCants have been operating Floral Images for thirteen years at the same location
in the Pantops Shopping Center. A loyal clientele has been established that ehables the
applicants to operate their business without walk-in customers. The business provides
floral arrangements for weddings, parties, funerals, and special events. There would be
an occasional bridal consultation that would take place at the residence on the site. The
business receives deliveries from a wholesale supplier approximately two to three times a
week in standard cargo vans. The applicants would then deliver the finished floral
arrangements to the customer's site using a mid-size family van.
Petitions: Request for special use permit to allow for a floral arrangement business in
accordance with Section 10.2.2.32 and 5.2 of the Zoning Ordinance which allows for a
Home Occupation - Class B. The property, described as Tax Map 55, Parcel 99, contains
2.69 acres, and is located in the White Hall Magisterial District on the west side-of Route
825 (Yancey Mill Lane), approximately .25 miles southeast from the intersection of Rt.
825 and Rt. 250 West (Attachment B). The property is zoned RA, Rural Areas. The
Comprehensive Plan designates this property as Rural Areas in Rural Area 3.
Character of the Area: The property under review contains 2.69 acres. The site is
located on Route 825 (Yancy Mill Lane), which is a dead-end road. The property is the
second to the last property on the west side of Route 825. There are a total of four
residences on the .4 mile road. The Yancy Lumber Company is located on the eastern
side of the Route 250/Route 825 intersection. A wooded area that parallels Interstate 64
buffers the end of Route 825. There is substantial pastureland across from the applicant's
property, on the east side of Route 825 (Attachment C).
This property is not visible from the Interstate 64 Entrance Corridor and the proposed
structure would also not be visible. Architectural Review Board (ARB) staff has
reviewed this proposal and has determined ARB review is not required.
...Planning and Zoning History:
Floral Images.doc
11/20/02
There is no history available on this property.
1
Comprehensive Plan.: The Comprehensive Plan identifies this site and surrounding
area as being located in the Rural Area. The Comprehensive Plan offers no specific
comment regarding home occupations in the Rural Area. However, the level of intensity
of the proposed use would be compatible with the character of the Rural Area.
RECOMMENDATION: Staff has reviewed this request for compliance with the
provisions of Section 31.2.4.1 of the zoning ordinance and recommends approval of SP
2002-060, based on its consistency with the Comprehensive Plan.
STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the
Zoning Ordinance:
The Board of Supervisors hereby reserves unto itself the fight to issue all.
special use permits pernfitted hereunder. Special use pemfits for uses as
provided in this ordinance may be issued upon a finding by the Board of.
Supervisors that such use will not be of substantial detriment to adjacent
property_.
This proposal would result in a very minimal increase in vehicular traffic, as there would
be no on-site sales or customers. There would only be two or three deliveries per week to
the site from a local supplier and the applicants would deliver their products to their
customers.
that the character of the district will not be chan ed thereb ,
It is the opinion of staff that this home occupation would not result in any increased
levels of activity on the site that would be inconsistent with the character of the area.
and that such Use will be in hmmony with the purpose and intent of this
ordinance,
Staff has reviewed the purpose and intent as contained in Chapterl 8, Sections 1.4, 1.5,
and 1.6 of the Albemarle ZOning Ordinance. In the opinion of staff, the proposed use
would not conflict with the purpose and intent as described in the Zoning Ordinance.
with the uses permitted by fight in the district,
This use would not prevent by-right use of the adjacent properties.
with additional re ulations rovided in Section 5.0 of this ordinance,
Home occupation permits are governed by Section 5.2.2 of the Albemarle Zoning
Ordinance. The proposed request complies with the provisions of this section of the
Ordinance (Attachment D).
Floral Images.doc 2
11/20/02
..and with the public health, safe _ty and general welfare.
There would be no adverse impact on public health, safety, and general welfare. The
Department of Building Code and Zoning Services, Department of Engineering, and
Department of Environmental Services have no particular concerns with this proposed
use.
The Virginia Department of Transportation (VDOT) has recommended the applicants
improve the entrance from Route 825 or construct a new 30' wide entrance, which would
meet 250' of sight distance and allows vehicles to mm around on-site. The Department
of Engineering doesnot support VDOT's recommendation. The applicants' propertyis
near the Route 825 dead-end where there is virtually no vehicular traffic; therefore, staff
does not support the recommendation by VDOT.
SUMMARY:
Staff has identified the following factors favorable to this application:
The proposal is consistent with the provisions of Section 31.2.4.1.
The level of intensity of the proposed use would be consistent with the character
of the Rural Area.
Staff has not found any factors that are unfavorable to this request. Therefore, staff is
able to support this request.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, staff recommends approval of SP
2002-060, subject to the following conditions:
1. There shall be no more than seven (7) clients per week on the premises.
Attachments:
A - Application and Plan
B - Location Map & Tax Map
C - Aerial Map
D ~ Regulations Governing Home Occupations
Floral Images.doc
11/20/02 3
.?
County of .Albemarle ';' Department of Buildin~ Code and 7
ATTACHMENT A
Application for Special Use Permit
t-Existing Use I'~ ~ ~ ~ ~ ~
*Zoning District ~l~. ~ ~lr~a,
· Proposed Use H O ~&'~
.. *Zoning Ordinance Section number requested
*staff will assist you with these items)
qumber of acres to be covered by Special Use Permit
Is this an mnendment to an existing Special Use Permit?
.oqo
I:1 Y e~-~N o
Are you submitting a site development plan with this application? E~f'Yes~ No
· , + ,.
~Address Z~Z ~u ~LLq I.~ City ~Yb~ State
time Phone (q~) q71'q7qq Fax ~ ~3q'q71ql~l _
y
.
{Adare~s ~ c -
Daytime Phone (~) ~'7/-q7q~ Pax~Sg-c/
f_Tax map and parcel . '~C'.5'--~ Physical Address (ifassignefl) --
~ Location o[ pro perry (lanom;~r~, intcrsecuons, o
Does thc owner of this property own (or have any ownership interest in) any abutting property*. If yes, please tis~
__osc tax map and parcel numbers.
History: Q Special Usc Permits: ~ ZMAs and Proffers:
Concurmntrevie'~ofSitcDevctopmentPlan?' a Yes ONo ~ ~ql D~lk
[------ .
401 Mclntire Road ': Charlottesville, VA 22902 ':' Voice: 296-~832 ':' Fax: 972-4126
Section ~ 1.2.4. i of tile ~ ~marle County Zoning OrdinanCe sta, that, "The board of supervisors
hereby reserves unto itself the right to issue all special use Permits permitted hereunder. Special use
permits for uses as provided in this ordinance rhay be ig:qued upon a finding by the board of supervisors
that such U~C will not be of substantial detriment to adjacent property, that the character of the district
wilt nol bc changed thereby and that such use will bc in harmony with iht purpose and intent of this
ordinance, with the uses permitted by right in the district, with additional regulations provided in section
:5.0 of this ordinance, and with the public health, safety and general weifare.
The items which follow will be reviewed by the staff in their analysis of your request. Please complete
this form and provide additional information which will assist the County in its review of your request.
If you need assistance filling out these items, staff is available.
What is the Comprchensivc Plan designation for this property? ~
How will thc proposed special use affect adjacent property_? ' '
How wil. l the proposed special use affect the eharam,,r of tim distri¢~ surrounding thc property? ~?~, [,~Q ~ ~ ~
H°wisthc'seinharmonywiththepurposeandintcmofthcZoningOrdinance? VV'6 I,,Vtt, I lqO4r, ~/~
H°w is the use in harmony with the uses permitted by right in the district? ~fi~3 ¢'~/11 ~
What additional regulations provided in Section 5.0 of the ~ning Ordinance apply to this use?
~ ~6~, e ~ ' · ' . . .
P ' p btic health, safety, and general welfare of the community~ ~
Describe your request in der -' -and include all pertinent information s '''' as the n(~mberf of persons
involved in the use, operating nours, and any unique features of the use: /'~ '-~O ~:~ ~% ~ ~
ATTACHMENTS REQUIRED - provide two(2)copies of each:
Recorded plat or boundary survey of the property requested for the rezoning. If there is
no recorded plat or boundary survey, please provide legal description of the property and
the Deed Book and page number-or Plat Book and page number.
Note: If you are requesting a special use permit only for a portion of the property, it
needs to be described or delineated on a copy of the plat or surveyed drawing.
Ownership information - If ownership of the property is in the name of any type of legal
entity or organization including, but not limited to, the name of a corporation, partnership
or association, or in the name of a trusk or in a fictitious name, .a document acceptable to
the County .must be submitted certifying that the person signing below has the authority
to do so.
If the applicant is a contract purchaser, a document acceptable to the County must be
submitted containing the owner's written consent to the application.
If the applicant is the agent of the owner, a documen.t acc.eptable to the County must be
submitted that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
Drawings or conceptual plans, if any.
Additional Information, if any.
! hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in
filing this ap, N, ication. I also certify that the information provided is true and accurate to the best of my
~mowledge.~). ~~ ~
Printed Name
Daytime phone number of Signatory
3
William IL Herring
Joseph D. Strickler, Jr,
262 Yancey Mill.~ Ln.
Crozet, VA. 22932
Albemarle County Zoning Board
Enclosed you will find our application for a speoial use permit Class B allowing us to build a
garage/studio building that will be used for arranging cut flowers for existing customers for
weddings,parties,funerals and special events that will be delivered to them at their location.
At this studio, there will be no walk-in sales offered only business phoned in and delivered.
Floral hnages, Inc. has been in business for thirteen (13) years in the same location, Pantops
Shopping Center· We have built our clientele tO a point that walk-in retail sales is not necessary to
the success of our business. We also wish to not have any employees as our business has been'
built because of "our" creative talents in floral arranging for weddings,parties and special events.
In this location, we will receive two to three deliveries t~om our wholesale vendors weekly.
These deliveries are made in standard cargo vans. There will be no oversized trucks or tractor-
trailers deliveries. Our delivery vehicle is a standard mid-size family van. We expect to make two
deliveries a day fi:om our location, once in the morning and then again in the afternoon. Therefore,
there will not be a substantial increase in the amount of road traffic or noise daily.
We will start our day around 8:00 a.m. answering phones,taking and filling orders until time of
delivery. In some cases, we will use flowers that will be grown in flower beds on our property.
Our day will end around 4:00 p.m. Monday thru Friday. Saturdays for special events and
weddings.
We have attached sketches and floor plan of the structure we would like to build. Your
considerations and suggestions are greatly appreciated. The studio will fit within the original
character of our existing home and surrounding landscape as well as our neighboring properties.
Should you have any questions, please feel free to contact us.
Sinc~rely, ,
g
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~-02-02 THU 10:47 AM C-2i :LL E~TATE i:[ESOURC
FAX:4349795B37 PAGE 2
LOT X ANO Y
2, ~T X AND Y
T.M. 55 I==.~tii
D.B. 105 P. 20? Plut
T.M..5.5 Pur=~.l
D.I). 515 P. 423 Plut
PAR.
I
· d :
OYtNERS; BRUCE W.. AND ~OlqH1E K1RTLEY
)WN'E~'~. APPROVAL
~PLAT SHOWING .
~° ~~-/~'~?"~ LOT X AND LOT Y
~'~'; '~A~ ~.~;~;~. ~ ~.. ~E R~ULTING .PARC~ OF A BOUNDARY
SAME ~0RE'M[~.~ STAT;" - ~RC~ 99 TAX MAP 55 AND A PARC~ OF LAND
~~~' ' SHOWN ON A P~T AT D.B. 884 P, 128
LOCATED ON ~ ROU~ 82S
ALBEMARLE COUP, YlRGINIA
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ATTACHMENT B
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ATTACHMENT C
ALBEM~ARLE COUNTY CODE
ATTACHMENT D
only with the approval of the director of planning and community development; (ii)
screened from all lot lines either by the terrain, existing structures, existing
vegetation, or by added vegetation approved by the department of planning and
community development's landscape planner.
(§ 5.1.40, Ord. 01-18(9), 10-17-01)
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation, shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-8 I)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory slxuctures shall be
permitted only in connection with home occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand~ crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one-chair
barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
18-5-22.3 ~. 2
Zoning Supplement #17, 10-17-01
ALBEMARLE COUNTY CODE
5.2.3 CERTAIN PERMITS REQUIRED
No home occupation, Class B, shall be established until a permit shall have been issued therefor.
The provisions of section $.2.1 of this ordinance shall apply hereto, mutatis mutandis.
5.2.4 REVOCATION
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after
hearing, for noncompliance with this ordinance or any condition imposed under the authority of
this section.
18-5-22.4
Zoning Supplement #17, 10-17-01
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