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HomeMy WebLinkAbout2000-02-16 ACTIONS Board of Supervisors Meeting of February 16, 2000 February 17, 2000 AGENDA ITEM/ACTION 1. Call to order. 4. Others Matters Not Listed on the Agenda from the Public. (There were none.) 5.1 Appropriation: EMS: Childhood Injury Prevention Program Grant, $1,000 (Form ~99058). APPROVED. 5.2 Appropriation: EMS: Childcare and Babysitter Safety, First Aid ahd CPR Grant, $2,955 (Form #99059). APPROVED. 5.3 Appropriation: Brownsville Elementary Gym Improvement, $12,655 (Form #99057). APPROVED. 5.3a Proclamation designating February 14 through February 18, 2000 as Eligibility Worker Appreciation Week. ADOPTED. (See attachment A.) 5.3b Proclamation recognizing CENSUS 2000. ADOPTED. (See attachment B.) 6. Public hearing on development and adoption of the Year 2000 Consolidated Plan for affordable housing. HELD. 7. SP-99-61. Pinnell Custom Leather (Sign ~,48). APPROVED w/2 conditions. 8. SP-99-62. CFW CV 160 Route 638/Interstate 64 (Signs #.44&45). APPROVED w/14 conditions. 9. SP-99-71. Thomas Jefferson Memodal Foundation (Sign #98). APPROVED w/1 condition. 10. Public Hearing on Six Year Secondary Road Plan for FY 2000- 2006. ADOPTED the County Priodty List for Secondary Road Improvements. 12. Other Matters not Listed on the Agenda from the BOARD. · Mr. Tucker said late this afternoon Mr. Cilimberg received a fax from the County's liaison to the General Assembly which indicated that additional monies might be applied to transportation needs. There is a proposal to accelerate some funding projects, which may include the bypass. Consensus to have County Executive advise Legislators that the Board does not support accelerating the project. · Mr. Perkins asked the County Attorney to put into "plain language' for the Board the options available to the County for using VDOT's unpaved road money. 13. AdJourn at 9:30 p.m. ASSIGNMENT Meeting was called to order at 7:00 p.m., by the Chairman. All BOS members present. Clerk: Laude Bentley. None. Clerk: Forward signed appropriation form to M. Breeden, copying appropriate persons. Clerk: Forward signed appropriation form to M. Breeden, copying appropriate persons. Clerk: Forward signed appropriation form to M. Breeden, copying appropriate persons. None. (Proclamation was given to K. Ralston dudng meeting.) Clerk: Give signed proclamation to L. Catlin. None at this time. (This item will come back before the Board in March.) Clerk: List conditions (attachment C). Clerk: List conditions (attachment D). Clerk: List conditions (attachment E). None. County Executive: Express Board's wishes to legislators. County Attomey: Prepare document to assist the Board per Mr. Perkins' request. Attachment C $P-99-61. Pinnell Custom Leather (Sun #48). Conditions are as follow: 1. Total number of employees is limited to four, not including residents; and 2. VDOT approval of entrance permit as noted in the letter from Bill Mills dated January 18, 2000. No parking is permitted on, or adjacent to Whitehall Road. Services to elderly, disabled, and homeless should be provided in a regional context since the service Providers are regional IdentifY the local need for emergency shelter and provide for that need in each locality Or in cooperation with regional or satellite facilities. Collaborate with existing service providers for needed assistance in order to avoid dUpliCatiOn of effort."' Move families toward self-sufficiency Recommendation: Establish a definition of Fair Share housing in the region by agreeing on a definition of what is meant by aSsisted housing, and by factoring in the unique qualities and capacity of each locality Communities should provide, or collaborate with others in the region to provide, a full range of housing for its residents Emphasis on keeping local residents in housing so there is less need to move Recognize that losv and moderate income Charlottesville residents do purchase homes in counties, svhere affordable units are available. Manufactured housing, in particular, is available and affordable Define the role of the urban center as a place for jobs, services and transportation Recommendation: Work on an interim basis (3 years) until year 2000 Census data are available and build a consistent data base of local housing inventories so local and regional data may be more consistently applied to the next Consolidated Plan. Recommendation: Continue equal share funding of Consortium HOME funds in the region. Housing Directors' Go~I.~ - T~,,~' g000 Consolidated Pl,m,J"n=,*~7 2t, g'000 P~ge 3 Attachment D C.FW CV 160 Route 638/Interstate 64 (Signs ~t44&45). Conditions are as follow: The height of the tower shall not exceed 5 feet above the height of the tallest tree within 25 feet of the tower. Antenna may not extend above the height of the tower, and therefore shall not exceed a total height of 95 feet; 2. The tower shall be designed, constructed and maintained as follows: The tower shall be of wood. Guy wires shall not be permitted. The tower shall have no lighting; and All equipment mounted to the pole shall be painted or otherwise treated to match the pole in color. 3. The tower shall be located on the site as follows: The tower shall be located as shown on the attached plan entitled "lease parcel CFW Site CV 160" (on file in the Clerk's office). 4. Antennas may be attached to the tower only as follows: The antennas shall be limited to those shown in a plan titled uCFW Wireless Mechum's River CV160' (on file in the Clerk's office). Antennas shall be flush mounted to the pole; and Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: (2) Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting locate on the tower or the site; and, The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable ev',:lence of a good faith effort includes, but is not limited to evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a hor'~.ontal plane running through the lowest part ofthe shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only. A lighting plan must be provided with the building permit application. 10. 11. 12. 13. 14. Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from the Director of Planning to remove existing trees on the site outside the access easement and tower lease area. The Director of Planning shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by the Director of Planning, the permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall consist of a wooden fence of wood color, which is limited to a 10 foot by 10 foot area and 6 feet in height. The tower shall be disassembled and removed from the site within ninety (90) days of the date is use for wireless telecommunications purposes is discontinued. The permittee shall'submit a report to the Zoning Administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. No slopes associated with construction of tower and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and, The access road shall disturb no more than 75' in cross section. Attachment E SP-99-71. Thomas Jefferson Memorial Foundation (Si~ln #98). Condition is as follows: 1. Gift shop limited to a total of 2,000 square foot for retail and office area. COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: EMS: Childhood Injury Prevention Program Grant SU BJ ECT/PROPOSALIREQU EST: Request approval of Appropriation 99058 in the amount of $1,000.00. STAFF CONTACT(S): Ms.White, Gulati AGENDA DATE: February 16, 2000 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ITEM NUMBER: ATTACHME. NTS: Yes. Messrs. Tucker, Breeden, Walters, Pumphrey REVIEWED BY:~ BACKGROUND: The Virginia EMS for Children Program administered by Virginia Commonwealth University has approved a mini-grant providing funds to assist with a child passenger safety program. DISCUSSION: The mini-grant is funded by a $1,000.00 Office of Emergency Medical Services grant. There is no local match. RECOMMENDATION: Staff recommends approval of Appropriation 99058 in the amount of $1,000.... 00.026 APPROPRIATION' REQUEST FISCAL YEAR: 99~00 NUMBER 99058 TYPE OF APPROPRIATION: ADDITIONAL ..TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR CHILD PASSENGER SAFETY PROGRAM. EXPENDITURE CODE DESCRIPTION AMOUNT 1 1558 31012 601400 OPERATING SUPPLIES $1,000.00 TOTAL $1,000.00 REVENUE CODE DESCRIPTION AMOUNT 2 1558 24000 240415 EMS FUNDS $1,000.00 TOTAL $1,000.00 REQUESTING COST CENTER: FIRE/SAFETY APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE FEB. 9, 2000 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: EMS: Childcare and Babysitter Safety, First Aid, and CPR Grant SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation 99059 in the amount of $2,955.00. STAFF CONTACT{S): Ms.White, Gulati Messrs. Tucker, Breeden, Walters, Pum phrey AGENDA DATE: February 16, 2000 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: Yes ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: The Virginia EMS for Children Program administered by Virginia Commonwealth University has approved a mini-grant providing funds to assist with childcare and babysitter safety, first aid, and CPR training efforts. DISCUSSION: The mini-grant is funded by a $1,000.00 Office of Emergency Medical Services grant, $1,250.00 in training fees, and a $705.00 local match. The local match will be funded from current operations and does not require additional funds. RECOMMENDATION: Staff recommends approval of Appropriation 99059 in the amount of $2,955. 00.027 FISCAL YEAR: APPROPRIATION REQUEST 99100 NUMBER 99059 TYPE OF APPROPRIATION: ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND: GRANT PURPOSE OF APPROPRIATION: FUNDING FOR CHILDCARE AND BABYSITTER SAFETY PROGRAM. EXPENDITURE CODE DESCRIPTION AMOUNT 1 1559 31012 601400 OPERATING SUPPLIES $2,955.00 TOTAL $2,955.00 REVENUE CODE DESCRIPTION AMOUNT 2 1559 16000 161613 TRAINING FEES $1,250.00 2 1559 24000 240415 EMS FUNDS 1,000.00 2 1559 51000 512004 TRANSFER FROM G/F 705.00 TOTAL $2,955.00 REQUESTING COST CENTER: FIRE/SAFETY APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE FEB. 9, 2000 ,: COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Appropriation - Brownsville Elementary Gym Improvement SUBJECT/PROPOSAL/REQUEST: Request approval of Appropriation #99057 to transfer funds from the Monticello HS Recreation Facility project to Brownsville Elementary Gym Improvements. STAFF CONTACT(S): Mr. Tucker, Ms. White, and Mr. Mullaney BACKGROUND: AGENDA DATE: February 16, 2000 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: X INFORMATION: ATTACHMENTS: REVIEWED BY~ The Brownsville Elementary School gymnasium does not have basketball goals at either end and the side- mounted goals bolted to the wall cannot be adjusted to accommodate different age groups. The gymnasium is not usable for games for the school or community recreation programs because the court is too short. The usefulness of the gym for practices is limited by the space and basket height. The cost of equipping the gym with new adjustable end baskets and protective padding is $12,655. These improvements will benefit both school and community recreation programs. Brownsville Elementary has requested funding assistance from the Parks and Recreation Department. The Parks and Recreation Department has $8,162.23 remaining of an appropriation to equip the Monticello High School gym with side baskets and volleyball equipment. That project has been completed and Parks and Recreation staff is recommending that the unexpended balance be appropriated for these improvements at Brownsville Elementary School. The Brownsville PTO will donate additional funding necessary for the project. RECOMMENDATION: Staff recommends approval of Appropriation #99057 .in the amount of $12,655; $8,162.23 transferred from Monticello H/S Facilities and the balance being a donation from the Brownsville PTO. BOARD OF SUPERVISORS 00.024 APPROPRIATION REQUEST FISCAL YEAR:. 99~00 TYPE OF APPROPRIATION: ADVERTISEMENT REQUIRED ? NUMBER ADDITIONAL X TRANSFER X NEW YES NO X FUND: PURPOSE OF APPROPRIATION: FUNDING FOR BASKETBALL GOALS AT BROWNSVILLE. EXPENDITURE CODE DESCRIPTION CIP-GENERAL 99057 AMOUNT 1 9010 71000 950070 BROWNSVILLE REC. PROJECTS $12,655.00 1 9010 71000 950063 MONTICELLO REC. PROJECTS (8,162.23) TOTAL $4,492.77 REVENUE CODE DESCRIPTION AMOUNT 2 9010 18100 181109DONATIONS $4,492.77 .~ TOTAL $4,492.77 REQUESTING COST CENTER: PARKS & RECREATION APPROVALS: DIRECTOR OF FINANCE BOARD OF SUPERVISORS SIGNATURE DATE FEB. 8, 2000 Attachment A ELIGIBILITY WORKER APPRECIATION WEEK WHEREAS, Virginia's landmark welfare reform legislation has significantly impacted the services provided by our local eligibility workers, calling upon them to creatively promote individual serf-sufficiency and personal responsibility; and WHEREAS, Albemarle County continues to experience unprecedented implementation of complex policies and procedures in all major benefit programs; and WHI~REAS, Albemarle County's 21 eligibility workers have been at the forefront of public efforts to meet that need, steadily maintaining a high rate of application processing to ensure that those qualified for social services receive them; and WHEREAS, approximately 1017 children are served monthly through the Temporary Assistance to Needy Families, Medicaid and Food Stamp Programs, depending on the dedication and commitment of eligibility workers who handle their cases in an accurate and timely manner, and our eligibility workers are continually faced with reconciling an environmem of rapidly changing policies, procedures, and technological advances with q,,olity control requirements; NOW, THEREFORE, BE IT RESOLVED, that I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County Supervisors, do hereby commend all eligibility workers in the County of Albemarle for a job well done and recognize the week of February 22 through February 26,1999, ELIGIBILITY WORKER APPRECIATION WEEK and call upon all County residents to join in acknowledging their public service and contributions on this 17th day of February, 1999. CHARLES S. MARTIN, CHAIRMAN ALBEMARLE BOARD OF COUNTY SUPERVISORS PR OCLAM~ TION WHEREAS, WHEREAS, NOW, THEREFORE, CENSUS 2000 COMMONWEALTH OF VIRGINIA ALBEMARLE COUNTY and the UNITED STATES BUREAU OF THE CENSUS CHARLOTTE REGION Albemarle County is an active and committed part of the Central Virginia community; and Albemarle County understands that this is a unique opportunity to participate in and have influence on CENSUS 2000; BE IT RESOLVED, that in order to accomplish the goal of a more accurate and cost efficient Census in CENSUS 2000, the Albemarle County Board of Supervisors does hereby take the following actions: appoint members to the Regional Census Complete Count Committee; and charge the Census Complete Count Committee with working with the Census Bureau and its representatives in promoting CENSUS 2000 to all of its citizens; and authorize the Census Complete Count Committee to provide assistance to the Census Bureau to recruit temporary employees; and direct the Census Complete Count Committee to make every effort to develop outreach activities especially designed to meet the needs of all residents and to reach those considered "hard to enumerate ~ and direct the Census Complete Count Census Committee to encourage every resident to accurately complete the Census questionnaire and promptly return tt by mail; and designate April I, 2000, as CENSUS DAY in Albemarle County. ADOPTED this 16~ day of February, 2000. CHAIRMAN ALBEMARLE BOA~ OF COUNTY SUPERVISORS FAX (804) 972-4126 COUNTY OF ALBEMARLE Department of Building Code and Zoning Services 401 Mclntire Road, Room 227 Charlottesville, Virginia 22902-4596 TELEPHONE (804) 296-5832 'I-rD (804) 972-4012 February 3,200'0 Mike Brown P.O. Box 773 Keswick,Virginia 22947 Re'- Official Determination of Development Rights Under Sections 10.3.1 and 10.3.2 Tax Map 47, Parcel 39 Dear Mr. Brown: I have reviewed the information you have submitted for the above-noted property. It is my official determination that this property consists of one (1) parcel. On the date of adoption of the zoning ordinance, this property consisted of 36 acres as described by Deed Book 315/523 and referenced in Will Book 054/002. At the adoption of the Zoning Ordinance on December 10, 1980, this parcel was entitled to five (5) theoretical development rights. As there has been no subdivision of this property since that date, the Ordinance now recognizes the five (5) development rights and requires that one lot containing a minimum of 21 acres .be retained. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date nonce of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator an d the Board of Zoning of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, Janice D. Sprinkle. Deputy Zoning Administrator Rivanna Magisterial District One parcel by tax map, one parcel by determination cc~ Kathleen C. Hughes, owner Ella Carey, Clerk to the Board of Supervisors B O ARD OF SUPERVISORS CHARLES D. No'FrlNGHAM COMMISSIONER COMMONWEALTH o[ VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 ORANGE ROAD CULPEPER, VA 22701-3819 January 26, 2000 DONALD R. ASKEW DISTRICT ADMINISTRATOR Route 250 Corridor Study Fr: ECL Charlottesville To: Route 795 (Louisa County) Albemarle, Fluvanna & Louisa Counties Ms. Shelby J. Marshall Clerk of the Court 501 E. Jefferson Street Charlottesville, VA 22901 Dear Ms. Marshall: A Citizen Information Meeting will be held for the above mentioned study on Thursday, February 17, 2000 between 5:00 p.m. and 8:00 p.m. in the Stone Robinson School located at 958 North Milton Road in Albemarle COunty east of Charlottesville. A copy of the public notice is attached. RHCjr:wlr Pc: Robe~ H. Connock, Jr., P.E. District Construction Engineer Ms. A. G. Tucker Mr. W. L. Gentry, Jr. Mr. M. W. Coffey 'FILED O0 J/ltV 31 PPI 2~ i~ ~ ~'"~;'~E[KEEP VIRGINIA MOVING CHARLES D. NO'EnNGHAM COMMISSIONER COMMONWEALTH o[ VIRQINIA DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219-2000 J. T. MILLS STATE LOCATION AND DESIGN ENGINEER January 28, 2000 Rescheduled Meeting Amherst County Route 29 Corridor Development Study Proj: 6029-963-F01, PE- 100 From: 1-64 To: North Carolina State Line File #: IM-03-99 PPMS #: TP26 Amherst, Appomattox, Nelson, Albemarle, Bedford, Pittsylvania and Campbell Counties Public Workshop Clerk of the Court Albemarle County 501 E. Jefferson Street Charlottesville, VA 2290.1 Attached is a Public Notice and Map advising of a proposed highway improvement project. Should you desire additional information or have any questions or comments concerning this highway matter, please refer to the above project number and description when you contact this office. BOARD OF S! lpFv~r~-~ Sincerely, fl tion and Design Division SHELB t j. H-~hALL. CL E~ WE KEEP VI RGINIA MOVING CITIZENS AD VISORY COMMITTEE FOR THE CHARL 0 TTES VILLE-ALB EMARL E PUBLIC DEFENDER OFFICE Rauzelle J. Smith, Chair 804 979-4806 (Home) 804 924-4469 (Work) Bruce G. Carveth 804 295-3289 (Home) 804 975-0097 (Work) Ishmail Conway, Phi) 804 977-9674 (Home) 804 982-4552 (Work) Grace Tinsley 804 293-2795 (Home) February 1, 2000 The Honorable Charles Martin, Chairman Albemarle County Board of Supervisors County Office Building 40I Mclntire Road Charlottesville, VA 22902-4596 Dear Mr. Martin: I am very pleased to send you a copy of the first annual report from the Citizen Advisory Committee of the Charlottesville-Albemarle Public Defender Office. During this past year we have completed a necessary and time-consuming process related to the development of Bylaws, Mission Statement and a list of "Committee Members' ResponsibilitieS", but we have also begun to address some important and substantive issues and are proud of the progress we have made. We want to acknowledge, at the end of this first year, James Hingeley's tireless and meticulous work in establishing the office. His energy and commitment to our community are evidenced by an office that is functional, attractive and was fully operational at an early stage. We are convinced, furthermore, that the office is staffed with professionals that will provide Charlottesville and Albemarle residents with excellent representation in our courts. The Public Defender Office will go a long way in enhancing respect for the Criminal Justice System in our area because of the quality of services being delivered. We also want to express our sincere thanks to the legislators who made this office a reality, and to the Public Defender Commission, whose guidance and assistance have been an important ingredient in its development. The Committee is eager to hear your thoughts and ideas. Please do not 'hesitate in contacting me or any member of the committee. 80ARD ~OF SUPERVISORS Sincerely, ~i~j!il: J '~~~;,~hairman i '':' ~ : ' Citizens Advisory Committee For The Charlottesville-Albemarle Public Defender Office Bylaws ARTICLE I PURPOSE Section One: Purpose The purpose of the Citizens Advisory Committee is to advise and counsel the Public Defender on issues considered relevant and to receive input from the communities so as to promote the successful operation of the Public Defender Office. Section Two: Mission Statement The mission of the Charlottesville Albemarle Citizens Advisory Committee is to support and assist the Charlottesville Albemarle Office of the Public Defender in achieving the highest level of public service to our community. The committee will advise the Office of the Public Defender on the community's concerns about indigent criminal defense, and, where appropriate, help in resolving problems which may come to the committee's attention. The committee will act as community advocate for the Office of the Public Defender and actively encourage public participation in our mission. The committee will encourage full utilization of existing community resources, and actively promote the development of new resources. ARTICLE II ADVISORY COMMITTEE Section One: Appointment of Members Each appointing authority shall appoint one representative to the Citizens Advisory Committee in the following manner. Initial appointments taking place January 1, 1999, shall consist off a one year appointment by the Public Defender, a two year appointment by the Thomas Jefferson Area Community Criminal Justice Board, a two year appointment by the Senator of the 25th District and Delegates of the 57th and 58th Districts, a three year appointment by the Albemarle County Board of Supervisors and a three year appointment by the Charlottesville City Council. All future appointments of committee members shall be for three years. Section Two: Vacancies Appointments occurring for reasons other than the expiration of a member's term shall be to fulfill the remainder of the term~ Appointments to fill vacancies shall be made in the same manner and by the same appointing authority as provided in section one for full-term appointments. Section Three: Tenure At the end of the initial appointment committee members may be re-appointed and shall serve for a term of three years or until their successors are appointed. Individuals may serve for a maximum of two consecutive terms. Partial terms will not constitute a term for this purpose. Section Four: Compensation No Committee Member shall be entitled to or shall receive any compensation or reimbursement for attendance at meetings of the Citizens Advisory Committee. Members' expenses for organization memberships, travel, registration fees, and other costs incurred in conducting the business of the Citizens Advisory Committee will be reimbursed on the same basis as state employee reimbursements if sufficient funding is available in the public defender's budget. Section Five: Meetings The organizational meeting of the Citizens Advisory Committee shall be held in January of each year for the purpose of electing Officers and establishing meeting dates, times and locations. The Citizens Advisory Committee will meet no less frequently than six times per year. Special meetings may be held upon the call of the Chairperson or the Vice Chairperson or shall be called upon the request, in writing, of any three members of the committee. Section Six: Notice of Meetings Notice of the time and location of any meeting of the Citizens Advisory Committee shall be provided to each member at his/her address as shown on the records of the Public Defenders' Office at least seven (7) days prior to the time of the meeting. Notice shall also be provided to local media. 2 Section Seven: Quorum Three members of the Citizens Advisory Committee shali constitute a quorum. A majority vote in the affirmative is required for committee action to occur. Section Eight: Voting All Committee Members shall have an equal vote and the same right of participation in the affairs of the Citizens Advisory Committee. The Public Defender is an Ex-officio non- voting member. Section Nine:' Committees The Citizens Advisory Committee may form sub-committees as it considers appropriate. A majority vote in the affirmative is required to form such committees. Section Ten: Powers and Duties The duties of The Citizens Advisory Committee shall be to assist and advise the Public Defender on matters he/she deems appropriate as specified in Article I. The Citizens Advisory Committee has no power to direct any duties or activities of the Public Defenders Office or its employees. Section Eleven: Protection of Attorney-Client Relationship Under disciplinary Rule: 4-101, attorneys are prohibited from disclosing confidences or secrets of their clients. Neither the Citizens Advisory Committee nor the Public Defender office will seek or permit the unauthorized disclosure of information obtained in the course of attorneys' professional relationships with their clients. Section Txvelve: Attendance Any member who misses three consecutive meetings may be asked by The Citizens Advisory Committee to tender their resignation to the appointing authority. The Citizens Advisory Committee reserves the right to ask for the removal of that member as outlined in Article III, Section Four, Removal of Members. 3 ARTICLE III OFFICERS AND MEMBERS Section One: Chairperson The Chairperson shall preside at all meetings of the Citizens Advisory Committee and shall exercise general supervision of the committee's affairs. He/she shall call special meetings and perform such other duties as are incident to his/her office or are properly required of him/her by the Citizens Advisory Committee. Section Two: Vice Chairperson The Vice Chairperson shall exercise the authority of the Chairperson in the event of the Chairperson's absence. Section Three: Recording Secretary, The Recording Secretary shall be a member of the Public Defender's Staff} appointed to this position by the Public Defender. Duties delegated to that person by the Public Defender shall include keeping minutes accurately reflecting the committee's transaction of business. Section Four: Removal of Members Neither the Committee nor the Chairperson has the authority to remove a committee member. If the participation ora member is deemed to be not in the best interest of the committee, the Chairperson at the request of the committee may request that the appointing authority replace that member. A majority vote must be in the affirmative for this action to occur. ARTICLE IV MISCELLANEOUS Section One: Amendments of Bylaws The Citizens Advisory-Committee at any properly constituted meeting may amend these Bylaws by an affirmative vote of a majority of the members, provided that the proposed amendment has been set forth in the notice of the said meeting. 4 Section Two: Communication with Appointing Authorities The Chairperson shall communicate with the appointing authorities as directed by the Citizens Advisory Committee, and shall on behalf of the committee submit an Annual Report to the appointing authorities. CITIZENS AD VISOR Y COMMITTEE FOR THE CHARL 0 TTES VILLE-ALBEMARLE PUBLIC DEFENDER OFFICE Committee Members' Responsibilities To successfully serve as a member of the Charlottesville-Albemarle Citizens Advisory Committee, one should be interested in the Criminal Justice System, have a strong belief in its possibilities to operate fairly and justly and genuinely desire progress and improvements for the Public Defender Office. Service on the Advisory Committee should be regarded as significant public service which promotes equal justice for the indigent citizens whom the Public Defender Office represents. Committee Members should: Help to identify opportunities to support the work of the Public Defender Office, provide opportunities for receiving public input, and share these oppommities with others on the committee whenever possible. Attend all regular and special committee meetings, and inform the chairperson at least 24 hours prior to the meeting if unable to attend. Read minutes, proposed agendas and other attachments prior to meetings; be prepared to discuss issues identified on the proposed agenda; be prepared, as appropriate, to bring new issues to the committee's attention. Be willing to serve on the Citizens Advisory Committee sub-committees as appropriate. Communicate with their appointing authorities and constituencies concerning activities of the Citizens Advisory Committee and the Public Defender Office. CITIZENS AD VISOR Y COMMITTEE FOR THE CHARL 0 TTES VILLE-ALBEMARLE PUBLIC DEFENDER OFFICE ANNUAL REPORT 1999 Background The organizational meeting of the Citizens Advisory Committee was held January 24, 1999 at City Hall, in conference room A250, 2nd floor at 12:00 noon. It may be note-worthy to mention that we are the first advisory committee of this kind in the state of Virginia. Committee Members supported the request of Mr. Hingeley, for Rauzelle Smith to serve as Chairperson. All Committee Members agreed that future Chairpersons shall be chosen by the Committee. The Committee agreed that for.the first year it should meet monthly. A member of Mr. Hingeley's staff, appointed by him shall serve as recorder for the Committee. All meetings are open to the public. Role Definition The Committee with the direction and counsel of Mr. Hingeley devoted several meetings to the discussion of ways in which the Committee could best serve the community and the Public Defender Office. Being an advisory committee, it is imperative that committee members understand we have no authority to direct, and can not involve ourselves in the operations of the Public Defender Office. As a result of these discussions, it was agreed that developing Bylaws, a Mission Statement and a list of"C0mmittee Members Responsibilities" was needed. Bylaws, Mission Statement and the Committee Members Responsibilities were developed over a period of several months. They were adopted September 15, 1999, and are attached as an exhibit to this annual report. Committee's Activities Committee Members have throughout the year made themselves available to members of the community, to provide them with information about the services provided by the 'Public Defender Office. Members have attended an NAACP meeting, where Mr. Hingeley was the guest speaker. Members accompanied Mr. Hingeley to meetings of the Board of Architectural Review during renovation planning. Members have lobbied their State Legislators for funding support of the Public Defender office. Issues and Concerns The Committee devoted numekous hours of discussion to the concern of lower salaries paid to public defender lawyers versus those paid to lawyers serving in the Commonwealth Attorney's Office or working in the private sector. The lower salaries make it difficult to recruit and retain quality personnel. In many instances, lawyers trained in the Public Defender office move on to accept positions with the Commonwealth Attorneys' Office and the private sector, thus burdening the Public Defender.Office with extensive training, ultimately passing those benefits on to those offices. Page 2 Issues and Concerns (Continued) Increased awareness of the Office of the Public Defender's Role within the client community and encourage citizen input in committee meetings. Minority Recruitment for the Public Defender Office has proven W be a challenge. The committee applauds Mr. Hingeley for his efforts to reach minority candidates. Unfortunately, it appears no minorities applied for the positions. Future Goals The Committee embraces the idea of improving minority recruitment. This issue remains a concern to the Committee and Mr. Hingeley. · Explore the feasibility of developing a Career Defender Program, modeled after the Career Prosecutor Program. Increased awareness of and support for the Public Defender Office and its role to strengthen the Criminal Justice System by offering quality legal service for the indigent. Improve community out-reach programs. JAMES HINGELEY Public Defender VANESSA WATSON ANN POTTER NICHOLAS REPPUCCI ANDREA LANTZ JOSEPH PLATANIA Assistant Public Defenders COMMO TI e£ VIRGEMSA OFFICE OF THE PUBLIC DEFENDER Albemarle County and the City of Charlottesville 409 THIRD STREET, N.E., CHARLOTTESVILLE, VA 22902-4619 Tel 804.951.6300 Fax 804.951.6444 MEMORANDUM ELIZABETH MURTAGH Senior Assistant Public Defender ALBERT LAFAVE Sentencing Advocate VERNON LEE Investigator TO: FROM: RE: DATE: Citizens Advisory Committee James Hingeley Caseload Statistics February 1, 2000 Due to a number of factors, accurate caseload statistics for the Charlottesville-Albemarle Public Defender office are difficult to present at this time. For the first 18 months the office was open (July 1, 1998 to December 31, 1999) full staffing was achieved only gradually over an extended period of time. At first, only four attorney positions were allocated to the office. Not until October 15, 1998 were these four positions filled. An additional three attorney positions were allocated in the second year of operations. These three attorney positions were not filled until August 2, 1999. Allowing for a reasonable period of training, orientation, and adjustment, it is fair to say that full-scale operations could not commence until the end of 1999. Another complicating factor 'in recording caseload statistics is the fact that the office has operated with two separate case management systems. The first operated from the opening of the office until October 1999. The second case management system, required for year 2000 compliance, was installed and has been running since October 1999. Due to the switch between two separate case management systems, case reporting statistics are now divided between two systems. The division will continue until all cases that originated in the old system are closed OUt. Current information on caseload statistics is presented in the attached table, showing new cases opened for the month of January 2000. New cases for January 2000 were divided between Albemarle County, having 101, and Charlottesville, having 121. From these figures, it can be calculated that the caseload is divided approximately 45% in Albemarle County and approximately 55% in Charlottesville. If the January 2000 caseload statistics are used as the basis for projecting annual caseload, it would appear that the Charlottesville-Albemarle Public Defender office would open over 2,600 new cases in 2000. In this compilation, all matters handled for one defendant are counted as one case. Thus the number of charges handled will be much greater than the number of cases, due to the fact that many defendants have multiple charges. Hearing Impaired VOICE CALLERS: 1.800.828.1140 TEXT TELEPHONE: 1.800.828.1120 2000 Case Type Adult Albemarle January Felony Juvenile Misdemeanor Probation Violation Charlottesville January Felony Juvenile Misdemeanor Probation Violation Traffic 172 76 76 35 0 3~ 96 96 25 0 36 28 Juvenile 5O 25 25 ! 0 0 25 25 0 25 0 0 0 Total 222 101 101 36 3A 7 121 121 25 25 36 28 7 JRUNT JAUNT, INC. 104 Keystone Place Charlottesville, VA 22902-6200 Robert W. Tucker, Jr. Albemarle County Executive 401 Mclntire Road Charlottesville, VA 22902 Dear Bob, February 7, 2000 We are pleased to submit our Second Quarter Report for JAUNT services for FY00. The following is a summary of statistics for services in Albemarle County: 2"d Quarter Estimated Actual (Oct-Dec) Trips Trips FY00 FY00 Agency 6,171 4,140 Urban Public 5,325 5,275 Rural Public 6,309 6,421 Night/Wknd 399 286 29 North 750 882 Total 18,954 17,004 Actual Trips ~] Estimated Actual Actual FY99 Hours Hours Hours 1 st Qtr FY00 FY00 FY99 4,357 2,225 1,806 1,932 5,795 2,196 2,186 2,223 6,135 2,947 3,199 2,813 108 248 45 58 882 844 871 883 17,280 8,460 8,107 7,909 Based on current financial and service information, we do not anticipate .a budget shortfall at this time. Executive Director cc: Juandiego Wade Clifford Buys Roxanne White Margaret Borwhat Phone: (804) 296-3184, (800) 36JAUNT * Operations (804) 296-61 74 (Voice & TDD) · Fax: (804) 296-4269 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGEN DA TITLE: Public Hearing on the Year 2000 Consolidated Plan for the HOME consortium SU BJECTIPROPOSAL/REQU EST: Public hearing requested by the Housing Committee to receive input into the "Consolidated Plan for the Thomas Jefferson HOMEConsortium and the City of Charlottesville" STAFF CONTACT(S): Tucker, White, McDonald AGENDA DATE: February 16, 2000 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: BACKGROUND: ITEM NUMBER: INFORMATION: X INFORMATION: The Year 2000 Consolidated Plan sets the affordable housing and community development goals for the region, and specifically guides the use of the Thomas Jefferson HOME Consortium funds managed by Planning District 10 and the Community Development Block Grant (CDBG) funds in the' City of Charlottesville. The Consolidated Plan is a required document, submitted to the U.S. Department of Housing and Urban Development, Other federal funding opportunities, i.e. fair housing and homeless assistance, special Housing Choice vouchers, such as welfare-to work, and housing for persons with HIV / AIDS, require that any future funding requests be consistent with the approved Consolidated Plan. Therefore, the Plan sets forth the overall housing policy for the region that assists in the receipt of additional resources, The Consolidated Plan is normally a five - year plan, but because the Year 2000 Census data will not be available until 2002, HUD is allowing for the preparation of a three year plan using current census data, with a five year plan prepared in 2003. In addition to this public hearing, representatives of PDC 10 will make a formal presentation of the draft plan to each governing body in March with the final approved plan submitted to HUD by May 15th, 2000. This public hearing is not required, but was requested by the Housing Committee to afford an opportunity for the general public to have input into the development of Albemarle's affordable housing priorities for the regional plan. DISCUSSION: The member governments of the Thomas Jefferson Planning District entered into a formal agreement to participate in the federal HOME Program as a Consortium and to receive annual entitlement of HOME funds. The original agreement among the members was to share the annual entitlement funds on an equal basis to assure the creation of the consortium. (Local need and/or local capacity to utilize the funds was not considered. However, the PDC will be discussing the issue of" fair share" funding in future meetings). The City of Charlottesville was designated as the lead agency for the HOME consortium and the Planning District Commission as the designated Program Manager for the Consortium. The participating governments are the "MEMBERS" of the Consortium. Although it is not a requirement of the Consortiucn, each Member has previously designated a "SUBRECIPIENT"to receive the annual one-sixth allocation. Albemarle has ann ually designated its share, which is approximately $94,000 in the current year, to the Albemarle Housing Improvement Program (AHIP) and the City has designated the Charlottesville Redevelopment and Housing Authority (CRHA). The total FY 2000 allocation to the regional consortium is $753,000. BOARD OF SUPERVISORS AGENDA TITLE: Public Hearing on the Year 2000 Consolidated Plan for the HOME consortiUm February 16, 2000 Page 2 Attached for your review prior to the public hearing are: Section IV. Strategic Plan, Consolidated Plan, 1995. This attachment includes the regional and individual localities affordable housing priorities. The Housing Directors' Goals for Year 2000 Consolidated Plan. These are the regional goals developed by the Directors of the sub-recipient organizations. The current Housing and Community Development Needs Assessments Data for the Year 2000 Consolidated Plan. This document also details the use of the HOME funds over the last 5 years. RECOMMENDATION: Receive public input on the County's priorities for the Year 2000 Consolidated Plan. A member of the Albemarle Housing Committee will be at the meeting to provide a brief overview of the Consolidated Plan process. 00.025 IV. Strategic Plan A. General This three to five year strategic plan was developed through a citizens housing advisory panel, convened by the Planning District, appointed by each local governing body and ratified by each governing body. The overall strategy is to support the individual needs and projects in each participating jurisdiction while coordinating and supporting affordable housing programs on a regional level. The following priorities are identified for the Planning District overall and for the participating jurisdictions individually. Planning District Priorities 1. Foster cooperation within the region through the use of affordable housing initiatives. This can be accomplished by a region-wide committee to set regional goals and to mesh these regional goals with local efforts; 2. Educate the public on the need for affordable housing and on programs available to assist low- and moderate-income residents; 3. Establish a regional mechanism for disseminating information on affordable housing initiatives and for evaluating current efforts and policies; 4. Establish a regional loan fund, financial management tools and technical assistance for the region's housing non-profits. 5. Provide self-help opportunities for first-time homebuyers, including credit counselling. 6. Participate in Virginia Housing and Development Administration Assistance to First-Time Home Buyers. 7. Support an equitable distribution of owner-occupied and rental units throughout the region. 8. Provide a regional housing counselling program, with particular emphasis on teenage mothers and single heads of households. Priorities for Albemarle County 1. Rehabilitate substandard owner-occupied homes; 2. Increase opportunities for first-time home buyers; 28 3. Rehabilitate substandard renter-occupied homes and multi-family units; 4. Increase mixed use, high density development in designated growth areas; 5. Assist special needs groups (elderly, disabled, homeless and single parent families). Priorities for the City of Charlottesville 1. Increase opportunities for first-time home buyers; 2. Rehabilitate or replace substandard owner-occupied homes; 3. Rehabilitate substandard renter-occupied homes and multi-family units; 4. Provide financial assistance and support services to low-income renters; 5. Assist special needs groups (elderly, disabled, homeless and single parent families). Priorities for Fluvanna County 1. Rehabilitate substandard owner-occupied homes; 2. Increase public education on affordable housing programs and good consumer practices; 3. Increase opportunities for first-time home buyers. Priorities for Greene County 1. Increase opportunities for first-time home buyers; 2. Increase public education on affordable housing programs and good consumer practices; 3. Assist special needs groups (elderly, ~disabled, homeless and single parent families; 4. Rehabilitate substandard owner-occupied homes; 5. Increase multi-family rental units in areas with water and sewer. Priorities for Louisa County 1. Rehabilitate substandard owner-occupied housing; 2. Increase opportunities for first-time home buyers; 29 3. Increase scattered site development of homes for first-time home buyers; 4. Increase number of affordable single family homes in villages; 5. Assist special needs groups, especially the elderly. Priorities for Nelson County 1. Rehabilitate substandard owner-occupied housing; 2. Address water/wastewater needs of owner-occupied housing; 3. Increase opportunities for first time homebuyers; 4.'~acrease public education on affordable'housing programs and good consumer practices; and provide counseling on homeownership and maintenance; 5. Increase availability of small (2-4 unit) rental units in areas with water and sewer and provide support services to low income renters. These priorities reflect the needs and initiatives of each jurisdiction and of the Planning District. Very low and low income families shall receive first priority. These priorities also reflect the findings of the data and demographic analysis presented above in emphasizing low-income renters, the elderly and single parent families who share a disproportionate burden in securing affordable housing throughout the Planning District. Housing priorities for the Planning District reflect the overall needs of the region by recognizing that the dynamics of the housing market is regional and thereby crosses jurisdictional boundaries. For example, the demands for affordable housing in Greene and Fluvanna are very much affected by these localities' proximity to the Charlottesville and Albemarle urban area and, in fact, these four localities make up the Charlottesville Metropolitan Statistical Area. Priorities also reflect the recognition that a regional effort to educate the public on the needs and availability of affordable housing initiatives can be most cost-effective when applied regionally. Similarly, the priorities to provide financial assistance and establish a regional loan fund reflects the need to equitably allocate scarce resources. Again from a regional perspective, the local governments and non-profit and for-profit agencies promoting affordable housing need to work together by pooling resources, particularly in a time of diminishing resources. The housing priorities for each jurisdiction reflect the unique conditions of that jurisdiction's 30 housing inventory and the geographical identity of that jurisdiction. In Albemarle County, the priorities reflect and increasing urbanization of the County and the availability of multi-family units. They also reflect the increase in special needs groups, particularly the disabled and homeless, who often move to urban areas to receive support service. The priorities also capitalize on Albemarle's use of designated growth areas to encourage mixed use, high density development as a means of supporting affordable housing in the County with the highest home values and prices in the Planning District. The priorities for the four, more rural, localities in the Planning District are appropriate for the type and condition of their housing inventories and their geographical identify. Given the high numbers of single family homes in these localities and the high number of owner-occupied units, it is natural to emphasize the rehabilitation of substandard single family homes, including owner-occupied homes. In a similar fashion, it is appropriate to emphasize opportunities for first-time home buyers, who typically secure single family homes. These priorities are entirely compatible with the housing stock and physical character'of rural communities. However, the priorities of the more rural counties also recognize the increased need for rental, and particularly supported rental, units for very low and low income families for whom purchasing a home is not a realistic option over the current five year period. Priorities to rehabilitate substandard renter-occupied units and to increase the number and availability of rental units are indicative of these needs. The need for affordable rental units throughout the region is further evidenced by the increasing percentage of housing units in the City of Charlottesville that are renter-occupied, while the percentage of renter-occupied units in the rural portions of the region remain stable. An examination of a fair share distribution of rental units is a long-range issue of this strategic plan. The following tables indicate the programs and resources expected to be used over the five year period for the Consortium's priorities. Priority: Rehabilitation of Substandard Housing Units Federal State Local Private Community Indoor Plumbing Local Charlottesville Development Block Program Government Housing Grant Grant Assistance Foundation and Affiliates, including AHIP, CHIP and Jordan Dev. 31 Farmers Home Homeless Local Fluvanna Housing Administration Assistance Government Foundation Program Waiver of Fees and Taxes HOIVIE Program Emergency CharlottesvilleLouisa Housing Home Repair Redevelopment Foundation and Housing , Authority Thomas Jefferson Housing Improvement Corp. Skyline CAP and Rapidan Better Housing Dept. of Energy (Energy Nelson Community Conservation) Development Foundation Note: Exact allocations throughout the region not currently available. 32 THO/V AS JEFFERSON HOME CONSORTIUM Housing Directors' Goals for Year 2000 Consolidated Plan Eliminate substandard housing in this generation Over the next three years, conduct a comprehensive survey of substandard housing by securing outside funding, and create a plan and more specific time frame for eliminating substandard housing Address most pressing substandard housing needs first Ensure the active participation of local and regional governments in funding, enforcement, and advocacy for affordable and fair housing Identify the specific roles of non-profits and local governments, including the capacity of non-profits and local funding support Local governments should act as a model for employer assistance to their low and moderate income first time home buying employees Conduct a regional meeting to have agreement on consistent enforcement of the State maintenance code and local codes Consider future water and sewer needs as a public health and safety issues as well as a growth management issue Increase the capacity of non-profits to address the most pressing local and regional housing needs Increase the capacity of non~profits through grants writing, ~vorkshops, and regional fund raising Preserve and improve existing housing stock - both owner and renter Housing Dir.ctor~' Goals - Yea~. 2000 Consoliclaied Plan Janus.- 21, 2000 Page occupied -through rehabilitation, financing and re-financing, and financial and counseling assistance Ensure the stability of existing home owners and increase opportunities and retention, of first time home owners through the most effective means identified at the local level Address as a priority the rental needs of targeted groups such as the elderly and disabled Support low and moderate income families moving in a positive direction by maintaining a priority on counseling and education Funding sources should be educated on what can be achieved through counseling, education, and fair housing practices Increase public awareness and support for affordable housing development Show the overall economic gain from affordable housing development Create greater visibility in the media: publish success stories; put a human face on the issue Promote employer assistance to Iow and moderate income first time home buying employees Educate employers, especially the region's largest employers, on the benefits of home ownership and on specific techniques for assisting their employees Tie affordable housing development to economic development Available and affordable housing for work force stimulates economic development Assist special needs groups (elderly, disabled, homeless, and single parent families) in specific ways including helping persons and families to stay in current housing whenever possible. Housing Direc~ord Goals - '1%~,' 2000 Consolitlaied Plan Janus,? 21, 2000 Page Services to elderly, disabled, and homeless should be provided in a regional context since the service providers are regional Identify the local need for emergency shelter and provide for that need in each locality or in cooperation with regional or satellite facilities. Collaborate with existing service providers for needed assistance in order to avoid duplication of effort.- -- Move families toward self-sufficiency Recommendation: Establish a definition of Fair Share housing in the region by agreeing on a definition of what is meant by aSsisted hoxxsing, and by factoring in the unique qualities and capacity of each locality Communities should provide, or collaborate with others in the region to provide, a full range of housing for its residents Emphasis on keeping local residents in housing so there is less need to move Recognize that lo~v and moderate income Charlottesville residents do purchase homes in counties, ~vhere affordable units are available. Manufactured housing, in particular, is available and affordable Define the role of the urban center as a place for jobs, services and transportation Recommendation: Work on an interim basis (3 years) until year 2000 Census data are available and build a consistent data base of local housing inventories so local and regional data may be more consistently applied to the next Consolidated Plan. Recommendation: Continue equal share funding of Consortium HOME funds in the region. Housing Dire,c~ors' Go~Is - Te.,: 2000 Consolidated Ph.: Janmu7 21, 2000 Housing and Community Development Needs Assessment Data for the Year 2000 Consolidated Plan Prepared by the Thomas Jefferson Planning District Commission Housing and Community Development Needs Assessment Data for the Year 2000 Consolidated Plan Io Profile of the Region a. Population Trends and Projections b. Indicators of Need II. Housing Data a. Inventory of Existing Housing Stock b.Housing Costs c. Housing Condition d. Homeless Data III. Accomplishments to Date & Summary of Resources a. Thomas Jefferson HOME Consortium b.Average Annual Allocation I. Profile of the Region a. Population Trends and Projections 1990 1998 2000 2010 Pop. Pop. Pop. Pop. Jurisdiction Historical Historical Proj. Proj. Albemarle 68,172 78,401 81,996 96,502 Char. 40,475 38,223 40,002 39,495 Fluvanna 12,429 18,575 19,704 26,000 Greene 10,297 13,991 14,701 19,003 Louisa 20,325 24,675 25,407 30,003 Nelson 12,778 13,917 14,305 15,501 ;ource: U.S. Census & Virginia Employment Commission- 1999 Projections · Fluvanna and Greene Counties are predicted to have the highest rates of growth in the region through the year 2010, related to their close proximity to the Charlottesville/Albemarle urban hub. · Albemarle County is predicted to have the highest number of new residents between 2000 and 2010: 14,506. · Charlottesville's population is predicted to continue falling by about 1% every ten years. Percent Change in Population 1.5 . Louisa 1.0 · Gre. 0.5 ...... x Fluv. o Char. 0.0 ..... AIb 1990 2000 2010 b) Indicators of Need 1990 Racial and Ethnic Groups Populations Total Asian Total and · Total Total Amer. Pacific Total White Black Indian Islander Hispanic* Albemarle 85% 11% 0% 3% 1% Charlottesville 73 % 24% 0% 2% 1% Fluvanna 74% 26% 0% 0% 0% Greene 92% 8% 0% 0%~ 0% Louisa 70% 29% 0% 0% 1% Nelson 78% 22% 0% 0% 0% Source: U.S. Census * Hispanic is an ethnic class, which includes people of white and black races · Projections are following existing trends. · Louisa County has the largest percentage of minority residents with 30%, followed by Charlottesville (27%), and Fluvanna County (26%). · Louisa County also has the largest percentage of black residents with 29%. · Greene County has the smallest percentage of minority residents with 8%. Incidence of Poverty- People Of All Ages and Families in Poverty 1990 1995 People/All Ages Families People/All Ages Albemarle* 8% 5% 8% Charlottesville* 24% 10% 22% Fluvanna 11% 7% 8% Greene 12% 9% 10% Louisa 12% 9% 12% Nelson 15% 13% 14% Source: US Census *University of Virginia students, whose individual incomes often fall below the poverty level may be reflected in the figures for People/Ages · Although Charlottesville's poverty rate dropped about 2% from 1990 to 1995, it still has roughly double the rate of poverty than almost any other locality. · Albemarle County has consistently had the lowest rate. of poverty at approximately 8%. Incidence of Poverty - People Of All Ages and Families in Poverty 30% 25% 2O% 15% 10% 5% 0% AIb. Char. Fluv. Gre. Louisa Nel. IE] 1990 [] 1995 Monthly Costs as a Percent of Household Income: Owners & Renters - 1990 :~ith'~fi~30~ ~ Total Specified :~lvieman~tt~ ~ ~ Households Not Computed ~R~h~t~J~~~ Renters Owners Renters Owners ~/~L ~.'~" .... ~ ,. ~:.~.c:~ ., Albemarle* ~?:~33~0~:~:~'' '~'~ .~:?~,~ .............. ~..~:~ 10,001 11,672 421 28 ~',..? 480A ~ ?~~o 9,176 5,886 335 ~ Fiuvanna ::~¢~p~ 725 2,472 160 15 ..... -~-~ o ,,~,~ :~ 789 1,945 137 14 Greene ,~:, ?.~ :~0 ~ ~:~ TM ' ~ '~ Louisa ~.~?~%: 1,245 3,225 230 38 Nelson ~,5~22% ;:: ~.::7%~.~..~ 808 2,114 203 18 Source: 1990 U.S. Census Note: Paying more than 30% of household income for housing costs indicates the housing is not affordable. * With 10,987 University of Virginia students living off-grounds in private units in 1990, these figures may be affected by this high incidence of U.Va. students living off-grounds. · Greene County has highest percentage of homeowner households that spend 30% or more of their income on housing at 19%, followed by Fluvanna (18%). · Albemarle has the lo,vest percentage of homeowner households that spend 30% or more of their income on housing at 14%. · Charlottesville has highest percentage of renter households that spend 30% or more of their income on housing at 48%; followed by Albemarle (33%). · Nelson County has the lowest percentage of renters that spend 30% or m ore of their income on housing at 22%. Monthly Costs as a Percent of Household Income 60% 40% 20% 0% AIb. Char. Fluv. Gre. Louisa Nel. Renters Owners University of Virginia Student Housing 1991-92 Academic Year & 1998-99 Academic Year 1990-1991 1998-99 On-Grounds 6,020 6,021 (33%) (33%) Off-Grounds 10,987 11,067 (Excluding (61%) (60%) Fraternity and Sorority Housing) Percentages are Df Total Student Population (Student families and students in fraternities and sororities not included in above figures) Source: U.Va. Data Digest 1998 AFDC and Food Stamp Participation AFDC- Food StamP- % of HH % of HH Albemarle 0.5% 2.6% Charlottesville 3.0% 10.1% Fluvanna 0.4% 2.7% Greene 0.7% 5.1% Louisa 0.9% 6.2% Nelson 0.6% 8.1% Source: Va. Dept. of Social Services · Charlottesville has over triple the percentage of households that received AFDC funds than the other localities · Fluvanna County had the lowest percentage of households that received AFDC funds at .4%. · Charlottesville had the highest percentage (10%) of households receiving food stamps in 1998, followed closely by Nelson (8.1%). · Albemarle County had the lowest percentage (2.6%) of households receiving food stamps, 1998 AFDC and Food Stamp Participation 12% 10% 8% 6% 4% 2% O% AIb. Char. Fluv. Gre. Louisa Nel. · AFDC- % of HH [] Food Stamps- % of HH Students Approved for Free or Reduced Lunch- 1996 # of Students % Albemarle 2129 19% Charlottesville 2235 51% Fluvanna 619 23% Greene 587 24% Louisa 1494 37% Nelson 727 35% Source: Virginia State Social Services Bulletin · Charlottesville has consistently had the highest percentage of its students approved for free or reduced lunches at 51%. · The locality with the lowest percentage of students receiving free or reduced lunches has consistently been Albemarle County (19%). · The greatest reduction in the'percentage (from 29% to 24%) of students receiving free or reduced lunches took place in Greene County between 1994 and 1996. 60% Percentage of Participating Students 40%20% 0% -- AIb. Char. Fluv. Gre. Louisa Nel. II. Housing Data a. Inventory of Existing Housing Stock Housing By Year Built (Total Housing Units) Percent of Percent of Percent of Percent of Percent of Per.cent of Pre 1940 1940-49 1950-59 1960-69 1970-79 1980-89 Albemarle 10.6% 3.1% 7.5% 16.7% 30.9% 31.3% Charlottesville 22.2% 10.9% 18.5% 20.1% 17.3% 11.1% Fluvanna 16.6% 6.8% 7.5% 12.5% 23.6% 33.1% Greene 13.2% 2.6% 9.1% 11.7% 32.9%! 30.5% 0 I Louisa 14.3 ¼: 3.9% 10.7% 15.9% 24.2%' 31.0% Nelson 18.3% 5.7% 9.1% 16.9% 21.8% 34.3% Source: U.S. Census Charlottesville. has the highest percentage of houses built prior to 1940 at 22%. Except for the city of Charlottesville over 30% of the region's housing stock has been built since 1980. Housing Type- 1990 Single Multi- Mobile Family Family Home Alb. 73% 21% 6% Char. 56%, 43% 1% Fluv. 90% 2% 8% Greene 80% 5% 15% Louisa 76% 3 % 21% Nelson 76% 12% 12% Region 71% 20% 9% Source: U.S. Census · 100% .om 60% ~-{-~~---~---~----~ mMulti- I I · · · · I I l Single- 20% ~1~_ 0% As would be expected with the large number of University of Virginia students, Charlottesville has the highest percentage of multi-family housing units at 43%, and the lowest percentage of single-family housing units at 56%. Fluvanna has the highest percentage of single-family units at 90% and the lowest percentage of multi-family units at 2%. Louisa County has the highest percentage of Mobile Homes at 21%, followed by Greene County at 15%. Housing Units Authorized- 1991-'98 *Sinele Multi- Family % Family % Alb. 3,982 67% 1905 33% Char. I 284 52% 259 48% Fluv. 2,479 99% 6 1% Greene 1,548 99% 20 1% Loiusa 2,095 98% 37 2% Nelson 964 90% 108 10% Region 11,352 83% 2,335 17% Source: Weldon Cooper Center for Public Service * Single Family includes mobile homes- no data available on the number of mobile homes · Albemarle's percent of multi-family was 21% in 1990. From 1991 to 1998, 33% of Albemarle's growth was in multi-family housing. · Charlottesville's multi-family grew from 43% in 1990 to 48% through 1998. Number of Pre-1979 Mobile Homes- Renter/Owner Occupied Total Total Renter Owner Albemarle 281 737 Char. 39 107 Fiuvanna 101 151 Greene 152 194 Louisa 182 754 Nelson 114 377 ;ource: 1990 U.S. Census 600 ElTotal 400 Renter · Total 200 Owner 0 AIb. Char. Fluv. Gre. Louisa Nel. · Prior to 1976, mobile homes were not regulated for compliance with building codes, and therefore are considered substandard at this age. · Louisa County has the highest number of pre-1979 owner occupied mobile homes, followed closely be Albemarle, yet Louisa's population is less than 1/3 of Albemarle's. 1990 Ratio of Housing Units- Renter/Owner Total Total Renter Owner Albemarle 36% 64% Char. 58% 42% Fluvanna , 20% 80% Greene 23% 77% Louisa 20% 80% Nelson 21% 80% Source: 1990 J.S. Census * Please note that approximately 61% (10,987) of UVA students lived off-grounds in 1990 100% 80% 60% 40% 20% 0% EITotal Owner IITotal Renter Charlottesville has the highest percentage of renters at 58%. The localities with the highest percentage of homeowners are Fluvanna, Louisa, and Nelson- all with nearly 80% of their households occupied by homeowners. Housing Costs Median Sale Price Alb. Char. Fluv. Gre. Lou. Nelson 1998 $174,500 $112,500 $100,000 $108,000 N/A N/A 1999 $174,500 $119,900 $119,900 $109,500 N/A N/A %Change 0% 6.6% 19.9%' 1.4% N/A N/A ;ource:-Mclean Faulconer Inc. Not surprisingly, Albemarle also has the highest median home sale price at $174,500. While the increase in Albemarle's median home sale price has been flat from 1998 to 1999, Fluvanna experienced a 19.9% increase in median home sale prices. Comparison of Median Family Income To Median Sale Price 1998 1998 Median 3X Median 1998 Median Sale Family Income* Family Income Price Albemarle $53,099 $159,297 $174,500 Charlottesville $42,169 $126,507 $112,500 Fluvanna $48,277 $144,831 $100,000 Greene $46,718 I $140,154 $108,000 Source: Weldon Cooper Center for Public Service and TJPDC analysis *Using the convention that 3 times family income equals price of housing that is affordable. · Albemarle is the only locality where the median family income cannot support the median sale price. c. Housing Condition (or Quality) Housing Units Lacking Complete Plumbing Facilities: 1990 Percent without Number Occupied Without Plumbing Units Plumbing Albemarle 24,433 501 2% Charlottesville 16,009 .40 0% Fluvanna 4,518 167 4% Greene 3,749 212 6% Louisa 7,427 714 10% Nelson 4,807 680 14% Region 60,943 2,314 4% Source: 1990 U.S. Census · According to 1990 Census data, Nelson County had the highest percentage of dwellings without plumbing at 14%, while Louisa had the highest number (714). · charlottesville had the lowest at 0.2%. % of Households With Incomplete 'Plumbing by Age of Occupant 15-59 60+ Alb. 0.9% 0.9% Char. 0.2% 0.0% Fluv. 1.0% 1.8% Gre. 3.0% 1.7% Louisa 3.6% 2.5% Nel. 5.7% 3.7% Source: 1990 U.S. Census In many localities the incidence o f the elderly living in homes without indoor plumbing is disproportionate to their incidence in the general population. Overcrowded Housing Units: 1990 Number Occupied Number Percent Units Overcrowded Overcrowded Albemarle 24,433 454 2% Charlottesville 16,009 474 3 Fluvanna 4,518 154 3% Greene 3,749 114 3% Louisa 7,427 272 Nelson 4,807 169 4% Region 60,943 1,637 3% Source: 1990 U.S. Census According to 1990 Census data, the percentage of overcrowded housing units, often an indicator of near homelessness, was fairly similar across all localities. Albemarle had the lowest at 2%. d. Homeless Data Estimated Current Unmet Relative Need Inventory Need/Gap Priority Emergency Shelter 123 80 43 M Beds/Units .... ~:'~::~"~'~'~:':~"~ "~" ~'~':~' ............. ~ ...... :'~ ....... ~:Pe~anent.Hou~g~ ~ ., ~.< ..... ?.,.55~ : ~45,~:~::~N~? Total 234 105 129 Job Training 415 259 156 M Case Management 1185 741 444 M Estimated :SS~bst~~"i:::.: · ' ~'":': Supportive ~}Mmt~?H~thv:~U%, ~,'~. ':'::'~,;~,:~ -...:,~.~<~...~:,.~ ... ,~,,~.~-~593.:~,5~v~!i-: ·: ., 355,5 . , ' ;':: :H.? :~.. Slots Life Skills Training 1185 741 I 444 M Other/Food 415 259 156 M Other~ducational Ser. 237 148 89 L Sub- Veterans 76 38 38 L Populations Persons with HIV/AIDS 60 29 31 M Victims of Domestic Violence 30 13 17 M Youth < i0 0 10 L Other Persons In Families with Children ~ Emer~h'81i~57:~5~ "7 ""~."5275;:~:~7%~ Beds~nits Transi~onal Housing 249 50 199 M Total 550 79 471 Job Training 92 13 79 M Case Management 262 37 { 225 M Child Care 230 34 ] 196 M Estimated Substance Abuse Treatment 131 19 } 112 M Supportive Mental'Health Care 102 14 } 88 M Services , Housing~pli~ent ~' 209 ' Slots Life Skills Training 262 37 225 M Other~ood 92 } 13 79 M Other~ducation 52{ 7 I 45 ] L Chronic Substance Abuser~ 100 [ 47 i' 53 [ M Seriously Mentally I11 < I0 I < 10 I 0 { L ~timated Dually-Dia~osed 5 { 5 ' 0 L Sub-populations Veterans < 10[ 10 [ 0 L Persons with HIV/AIDS 0 { 0 [ 0 L Victm{Of DomestiC' Violence ' [ -.411 } : 276 [ 135 H Other Source: March. 1999 Survey of Service Providers to the Homeless III. Accomplishments to Date a. Thomas Jefferson HOME Consortium Program 1993.Present Substandard Homes Assistance to First Rental Units Rehabilitated to Time Acquired and/or Sec. 8 Standards Home Buyers Rehabilitated Albemarle 57 5 7 Fluvanna 53 5 2 Greene 7 11 3 Louisa 53 1 7 Nelson 18 8 7_,harlottesville 4 121 11 rJPDC 192 143 38 Source: Thomas Jefferson Home Consortium · Except in the City of Charlottesville and in. Greene County, there has been a major emphasis on rehabilitation of substandard housing · The City of Charlottesville has emphasized assistance to first time home buyers. · Development of rental properties has groxvn over the life of the Consortium, including 3 new 'construction projects in Greene County and projects in Louisa and Nelson in collaboration with the Arc of the Piedmont. Summary of Resources b. Average Annual Allocation Alb. Char. Fiuv. Gre. Lou. Nel. Consortium Home $112,500 $112,500 $112,500 p$112,500 $112,500 $112,500 CDBG Entitlement $681,000 Competitive* Indoor Plumbing Program $133,500 NA $45,000 $30,000 $300,000 $53,527 Regional Loan Fund Amount Allocated $216,414 $216,414 $216,414 $216,414 $216,414 $216,414 Amount Spent $248,224 $751,059 $219,755 $0 $0 $0 Emergency Home Repair $5,842 NA $5,200 $10,913 $6,300 $51,809 totals $500,066 $1,544,559 $382,455 $153,413 $418,800 $171,836 * Albemarle, Fluvanna, Greene, Louisa, and Nelson must compete at the state level for CDBG funds. Currently both Albemarle and Nelson have awards · Consortium HOME funds, Indoor Plumbing funds and Emergency Home Repair funds are the only stable funds in Albemarle, Fluvarma, Greene. Louisa and Nelson counties. Consortium HOME funds and Emergency Home Repair funds must be matched. · The City of Charlottesville receives annual entitlement CDBG funds, but as a result is not eligible for State Indoor Plumbing or Emergency Home Repair funds. February 7, 2000 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Virginia M. Pinnell 1982 White hall Road Corzet, VA 22932 RE: SP-99-61 Pinnell Custom Leather; Tax Map 40, Parcel 12 Dear Ms. Pinnell: The Albemarle County Planning Commission, at its meeting on February 1, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Total nUmber of employees is limited to four, not including residents. VDOT approval of entrance permit as noted in the letter from Bill Mills dated January 18, 2000. No parking is permitted On, or adjacent to Whitehall Road. Please be ad3ised that the Albemarle County Board of Supervisors will review this petition and receive public comment at _their meeting on February 16, 2000. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Cc: ~-'q[aCarey Amelia McCulley Jack Kelsey Steve Allshouse Bob Ball BOARD OF SUPERVIS©R$ STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: DAVID BENISH FEBRUARY 1, 2000 FEBRUARY 16, 2000 SP 99-58 250 ,PINNELL CUSTOM LEATHER Applicant's Proposal: The applicant is proposing to establish a leather-crafting workshop within the existing structure on the property, an old apple-packing barn. The site will be used only as a workshop. No sales or events are proposed at the site. There will be a maximum of four employees at the site in addition the applicant. The applicant is currently using a portion of the barn as a residence: A location map is included as Attachment A. Attachment B is the applicants' special use permit application. Petition: Request for special use permit to allow for a workshop for handcrafted items in accordance with Section 10.2.2.36 of the Zoning Ordinance which allows for gift, craft and antique shops by special use permit in the Rural Areas. The property, described as Tax Map 40 Parcel 12, contains 7.953 acres, and is located in the White Hall Magisterial District onthe west side of Whitehall Road (Route 810) approximately one-quarter mile south of its intersection with Bearwood Road (Route 811). The property is zoned RA, Rural Areas, and is designated Rural Area in the Comprehensive Plan, in Rural Area 1. Character of the Area: Land use in the area is in agricultural, forestry or open space use (primarily open pasture and forest) with some smaller residential parcels located along Route 810 in this general vicinity. The nearest homes are approximately 800 to 1,000 feet from the building. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of sections 31.2.4.1 (criteria for approval of special use permits), and recommends approval of SP 99-61 with conditions. Planning and Zoning History.: One prior request on this property for a country store (SP 84-58) was denied in 1984. Issues of concern included potential traffic impacts from a retail use and the proximity of the site to the designated Community of Crozet which adequately served this portion of the Rural Area with essential commercial services (country stores are intended to provide essential services to more rural locations that are more remote from Development Areas). Comprehensive Plan: This site is located in the Rural Area, on the west side of Route 810 approximately two miles north of the Community of Crozet. The barn structure on the site is apparently constructed of materials from the Mechum's River Depot, which dates back to the late 1800's. The structure was constructed on this property in the 1940's and has functioned over time as an orchard packing shed and storage barn. Chapter Two of the Albemarle County Comprehensive Plan (adopted March 3, 1999) sets forth: OBJECTIVE: Continue to identify and recognize the value of buildings, structures, landscapes, sites and districts which have historical, architectural, archaeological or cultural significance. To the extent that the existing barn has become a formal or informal historic landmark in the Crozet-Whitehall area, its continued occupancy may be expected to promote its preservation. The fact that applicant not only is the proprietor, but also owns and resides on the property, there appears to be a strong incentive for the old structure and property to be well maintained. STAFF COMMENT: Once the special use permit has been approved, the business may commence operations since no site improvements are contemplated'nor required. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent proper ,ty~ Staff has visited the area and is of the opinion that negative impacts on surrounding uses from the craft sales use will be minimal. There will be no sales on site, so there will be no public access to the site. There will be no more than four,employees on site (besides Mr. and Mrs. Pinnell). The use will be completely contained inside the building. Machinery used in the operation is limited primarily to sewing machines. Staff was contacted by one adjacent property owner who, upon further explanation of the proposal, does not oppose this request. ...that the character of the district will not be chan ged thereby~ The building is existing. Staff opinion is that the proposed use is of limited scale and will not have a significant impact to the character of the district. The proposal would provide a reasonable use of the existing building without changing the character of the district. ...and that such use will be in harmony with the purpose and intent of this ordinance~ Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff finds no conflict between the proposed use and these provisions of the ordinance (Attachment C) ...with the uses permitted by right in the district~ The proposed craft business makes appropriate use .of an existing building, and is similar in character to other adaptive re-uses of old structures. ...with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the ordinance, Supplementary Regulations, does not address this use. · ..and with the public health, safe~, and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of resumption of craft business activities The existing structure is served by a well and septic system. The Health Department has approved the septic system. Parking for the employees can be adequately accommodated on site. The only issues o f concern has been raised by VDOT, which are provided in Attachment D. VDOT is recommending that some additional clearing of vegetation take place on an adjacent parcel to maximize the available site distance to the north of Route 810. Staff estimates that the total traffic generated from this site would not exceed 30 vehicle trips per day (10 for residential use; 16 trips for employees [all to arrive/lunch/leave]; and up to 4 business related trips such as deliveries). It is likely that there would be fewer trips made from the site, probably closer to 20-24 trips. The current site distance available is in excess of the 250' required for a private entrance, which is the sight distance requirement for an entrance serving two residences which are estimated to generate up to 20 vehicle trips/day). Staff opinion is that the on site entrance improvements recommended by VDOT are warranted to ensure that vehicles can enter and exit the site safely. If possible, site distance should also be improved and maintained. However, the recommended clearing seems to be of less importance since the volume and character of the traffic generated from this use is not significantly increased or changed. This clearing is on an adjacent parcel and available to them without owner permission. Staff recommends approval of the entrance as recommended in the attached VDOT letter. However, the proposed monitoring of the sight distance shall be the responsibility of VDOT. SUMMARY: Staff opinion is that this use is compatible to this site and the general vicinity. No site plan will be required because current site improvements are adequate to operate the business in compliance with the Zoning Ordinance RECOMMENDED ACTION: Staff recommends approval of SP 99-58 subject to the following conditions: Recommended Conditions of Approval: 1. Total number of employees is limited to four, not including residents. 2. VDOT approval of entrance permit as noted in the letter from Bill Mills dated January 18, 2000. No parking is permitted on, or adjacent to Whitehall Road. ATTACHMENTS: A - Location Map B - Application C -Zoning Ordinance Section D - VDOT Comments SEE 39 o 4 ALBEMARLE COUNTY 26 ATTACHMENT A 3& i Z4 \__ / / 42 44B 46 4O I$ 56 WHITE HALL DISTRICT SECTION 40 Mag. Dist. L/-) - H Staff ~'f' ATTACHMENT B Application for Special Use Permit PAGE 1 Umw should we refer to Ihi.s application'!) ~Zunimle listrict ~ ]3r 'staff',.~X =~isc you with these items) ~umb~e~ I totes to be covered by Special Use Permit ara ~octto. it mt~t I~e dctineated oo plaO *Zoning Ordinance Section number requested 0 Ye~l No -~ :hia-;at~. ;mentlment to an existing Special Use Permit? · re ymg ~mmitting a site development plan with this application? _'ont'~c: .' erson (Whom shoula we call/write concerning this project?.): ~/i D re,,-; M }/~,· ~. ~t~k~ .' /~g~ ~alT~ggkL ~D, City Ckbzg% State ~4. zip'zkV~ )hone ( ~Off ) &9 ~ - ) &~ Fax ~'~o~- ~ 3' ~gl/ E-mail ~i~ ~ ~S~.~ 'dl~ i~- ?6. )wn~_. <land (As listed in the County's re¢ord$): C_14/q~.k~.5 J,..I~IKS~L_L.. ~. ~ ~PAU~ 9}~E~ :ppliizmt 'who is the contact person representing? Who is requesting the special usc?): bll~--~'l ~ I~ ~ Q, H,I~ ~..I, ~..~ -.ddre=-~ ~¢'~ Lt~T~=/4,0, LC-- ~--D City O---~kOz~7'- State 7ax rm.m ~nd parcel Q O / ~ Physical Address (if=signed) q%~. '..,.5~tT,e:_g~t..~ ~15. / C~..~ 'z. ~-~?'~, V4 . ~zq ;:3 ~ ~OCatlf:n,)fproperty¢landmarks. intersections, orotheO ~..A. Jat,t.~f0 g~.~ '7'/'t1'~"~ Lt3g/O,.,O-)C,,l'' ~ / i ,.'es -:': .Whet of this property own (or have any ownership interest in) any abutting property? If yes, please list nose::: .nap and parcel numbers A Jo :4istm'-' CI Special Use Permits: ~'q'- ~' ~ ZMAs and Proffers: C] Variances: / ,.~t~er of Authorization Concurrent review of Site Development Plan'?. g2'Yes El No Mc"fnrire Pnnct o.'- Charlottesville VA 2200'2 Voice: 296-5832 -:' Fax: 972-4126 Application for Special Use Permit Pinnell Custom Leather Virginia M. and Charles L. Pinnell Jr. 1982 Whitehall Road Crozet, VA 22932 PAGE 2 How will the proposed special use affect the adjacent property? The proposed special use should not .affect the adjacent properties in any way. The use as a leather craft shop will be completely contained within the building. The equipment used in the shop, sewing machines, etc. will generate no noise outside the building. There is no toxic, or environmental concern associated with the work. Traffic is to be minimal, and mainly consist of our employees coming to work at 9am and leaving work at 5pm weekdays. The special use is strictly for workshop, not open to the public, with no retail sales traffic. There is a wide, unobstructed access to the property, and a large area for discreet parking. A line of trees screens the parking area and building. The property is bordered on all sides by neighbors at a great distance (several acres) from the building. The proposed special use would have no negative impact on these neighbors or any other residence in the area. Prior to our purchase of the property, it was not maintained at all, and a place for late night parking and trashing. We have greatly improved the appearance and condition of the building, and created a safer, healthier atmosphere for our neighborhood. The proposed special use will enable us to continue to improve the property, which will only be a benefit to our neighbors. How will the proposed special use affect the character of the district surrounding the property? The proposed special use is ideally suited to the property and in keeping with the character of the Crozet-Whitehall area. The building has a long history in the area. It is constructed of materials taken fi.om the original Meechum's River Depot that dated to the late 1800's. Many signatures and dates fi.omthis period are visible in its rafters. When the depot was dismantled in 1940, the materials were used to build the Warrick Orchard Packing Shed as it stands today, at 1982 Whitehall Road, Crozet, VA. It is a marvelous architectural example of the time, unlike anything that could, or would be built today. The Packing Shed was a vibrant part of the community for many years, employing numbers of area residents, and a great part of the local economy. This important part of the district's history should be preserved. We have returned the building to good physical condition, and feel that its best use would be for the proposed craft studio/shop. PAGE 3 Pinnell Custom Leather creates unique leatherwork in a tradkional manner. This is virtually a dying art. We provide services primarily for the numerous horse owners in the surrounding counties as well as nationally, and feel very much a part of the agricultural community. We travel to horse shows to take orders for work, and therefore do not need or desire walk in traffic. In addition, we have a location in the City of Charlottesville, and the public is already directed there. The proposed special use would enhance the character of the district by helping to maintain an historic building, give it an appropriate reuse, and. help provide a meaningful service to the community. How is the use in harmony with the uses permitted by right in the district? As discussed above, the proposed special use will help maintain the original integrity of an important local historic structure. The proposed use is suited to the design of the building and directly related to the agricultural nature of the district. We (Virginia and Charles Pinnell, of Pinnell Custom Leather) own and live on the location of the proposed special use permit. The use will be, for all practical purposes, a home occupation, which is allowed by right under the county's Permitted Uses. The proposed special use permit as a cratt shop is specifically permitted under Uses #36. How is the use in harmony with the pUrpose and intent of the Zoning Ordinance? As mandated by the Zoning Ordinance, this special use will insure the protection of an historic building. The building will have an appropriate reuse that will promote economic growth that is in keeping with the rural nature of the community. The proposed special use will enable continued improvements on the property that will contribute to the safety and beauty of the area. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? N/A PAGE 4 How will this use promote the public health, safety and general welfare of the community? As mentioned above, the property in the recent past was a rundown, trashed location for late night 16arking and partying. This historic property has been reclaimed from certain ruin, and returned to a useful, attractive site. It is no longer a threat to the health or safety of the neighborhood. The proposed special use will support continued improvement of the building and maintenance of the surrounding land for agricultural use. Pinnell Custom Leather frequently and freely gives time to area schools, students, and community groups. We have given demonstrations to the Virginia Discovery Museum and several public schools in the City of Charlottesville. We tutored one area high school student free of charge to the school and student for over two years, which resulted in the student's full time employment upon graduation. Pinnell Custom Leather regularly donates to the local police department, fire department, rescue squad and charitable organizations. We enjoy giving back to the community and will continue to do so. The proposed special use will also support a service in the community, which is not generally available, and nurture economic growth that is closely related to the district's agricultural nature. The use will generally enhance the quality of the environment in the community. Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: We (Virginia and Charles Pinnell, of Pinnell Custom Leather) are the owners and residents of the site of the proposed special use. The special use requested for a craft shop would more accurately be described as a home occupation with four employees. This application is for a craft-shop, rather than a home occupation, because we currently have four employees and home occupation is limited by definition to two employees. The craft shop would operate as a workshop between the hours of 9am and 5pm weekdays. Additional traffic to the area will be minimal. It will not be open to the public. Orders taken at horse shows on the road comprise the majority of our business, and we do not need or desire walk in traffic. Also, Pinnell Custom Leather has a location in the City of Charlottesville, and ail public visits are already directed there. As explained above, access and parking are ample and well screened. Our work is quiet, and PAGE 5 has no related toxic or environmental concerns. The peaceful character of our neighborhood will not be affected by the proposed special use. The building is ideally suited for a workshop of this type. The original septic construction was approved for a three-bedroom residence and four employees, and is consistent with the proposed special use. The planned workshop area will be in a portion of the center floor of the building (see attached diagrams). The Warrick Orchard Packing Shed is a s. ignificant local historic structure, part of the local raikoad and orchard legacy. It is possibly the only brick packing shed in the state of Virginia. We are making every effort to maintain the historic integrity of the building. Interior finishing will be in keeping with the period construction, and important historic elements will remain intact and exposed. The proposed special use will make it possible to continue restoration of this historic site and maintain the agricultural land around it. The use is an appropriate, sensible, and viable reuse of a building that has played a celebrated role in the economic past of the region. We are both nationally recognized craftsmen. After receiving a BFA degree in Art Education/Crafts from Virginia Commonwealth University, Virginia Pinnell has been professionally involved in crafts for over twenty years. She has exhibited widely, including the Smithsonian's Renwick Gallery, Washington, DC, and The American Craft Museum, NY, NY. Charles Pirmell's career began with traditional apprenticeship training in the Saddle and Harness Shop of Williamsburg, VA. For the twenty-five years since, Mr. Pinnell has created only the highest quality of custom leatherwork, primarily for the horse industry. This work includes boots, saddles, chaps, belts, bags, gun cases and special projects of all descriptions. All of the work is one-of-a-kind in nature. Mr. Pirmell is proud to have been selected as the saddler to the 1996 Olympics, serving over twenty international teams. He is respected by members of the horse industry throughout the country and patron/zed by many area residents. Pirmell Custom Leather provides a difficult to find service to many horse owners and sportsmen in Albemarle County. With this background, we feel that our proposed special use for a leather craft shop is very compatible wkh the agricultural nature of the district, and will add to the cultural richness of the community. In summary, the proposed special use will be a benefit to the community by supporting the restoration of an important historic structure, giving it an appropriate reuse, preserving the surrounding land, and improving general safety and well being. The use will promote a desired service in the area, while encouraging cultural and economic growth that is in keeping wkh the rural nature of the Crozet-Whitehall district. Please see the attached materials, and do not hesitate to call with any further questions: 804-293-1287 (day) 804-823-8802 (evening) PAGE 6 < Whitehall Route 8 ! 0 Crozet> Door Door Living Space 60' Workshop 42' Porch Parking Door Door Door Parking Driveway Diagram of Proposed Craft Workshop. The workshop will be 60' x 42', located on the center floor of the building. PAGE 7 The Property at the time of purchase. ~4 PAGE 8 The Property now. PAGE 9 ?hotos showing adjacent homes. ALBEMARLE COUNTY CODE ATTACHMENT C PAGE 1 CHAPTER 18 ZONING SECTION 1 AUTHORITY, ESTABLISHMENT, PURPOSE AND OFFICIAL ZONING MAP Sections: 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 AUTHORITY AND ENACTMENT AMENDMENT TO ADOPT EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES PURPOSE AND INTENT RELATION TO ENVIRONMENT RELATION TO COMPREHENSIVE PLAN OFFICIAL ZONING MAP CERTIFIED COPY, FILING APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES 1.1 AUTHORITY AND ENACTMENT This ordinance, to be cited as the Zoning Ordinance of Albemarle County, is hereby ordained, enacted and published by the Board of Supervisors of Albemarle County, Virginia, pursuant to the provisions of Title 15.2, Chapter 22, Article 7, Code of Virginia, 1950, and amendments thereto. 1.2 AMENDMENT TO ADOPT An ordinance to reenact and readopt the Albemarle County Zoning Ordinance and the Albemarle County Zoning Map. Be it ordained by the Board of Supervisors of Albemarle County, Virginia: That the following ordinance known as the Zoning Ordinance of Albemarle County, Virginia, together with the Zoning Map attached thereto, be and the same are, readopted and reenacted effective immediately upon adoption of this ordinance. 1.3 EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES This Zoning Ordinance of Albemarle County, Virginia, shall be effective at and after 5:15 P.M., the 10th day of December, 1980 and at the same time the Albemarle County ,Zoning Ordinance" adopted December 22, 1969, as amended, is hereby repealed. 1.4 PURPOSE AND INTENT This ordinance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.2, Chapter 22, Article 3, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.2, Chapter 22, Article 7. As set forth in section 15.2-2200 of the Code, this ordinance is intended to improve public health, safety, convenience and welfare of citizens of Albemarle County, Virginia, and to plan for the future development of communities to the end that transportation systems be carefully planned; that new commumry centers be developed with adequate highway, utility, health, educational and IS-lq Zoning Supplement #5, 6-16-99 ALBEMARLE COUNTY CODE PAGE 2 recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas be provided with healthy surroundings for family life; that agricultural and forestal land be preserved; and that the growth of the community be consonant with the efficient and economical use of public funds. (Added 9-9-92) Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of promoting the health, safety, convenience and general welfare of the public and of planning for the future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning map adopted by reference and declared to be a part of this ordinance, is designed: t.4.1 To provide for adequate light, air, convenience of access and safety from tn'e, flood and other dangers; .4.2 To reduce or prevent congestion in the public streets; 1.4.3 To facilitate the creation of a convenient, attractive and harmonious community; 1.4.4 To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; 1.4.5 To protect against destruction of or encroachment upon historic areas; 1.4.6 To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire. flood, panic or other dangers; 1.4.7 To encourage economic development activities that provide desirable employment and enlarge the tax base; (Amended 9-9-92) 1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (Amended 9-9-92) 1.4.9 To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; (Added 11-1-89; Amended 9-9-92) 1.4.10 To include reasonable provisions, not inconsistent with the applicable state water quality standards to protect surface water and groundwater defined in section 62.1-44.85(8) of the Code of Virginia; and (Added I 1- 1-89; Amended 9-9-92) 1.4.11 To promote affordable housing. (Added 9-9-92) 1.5 RELATION TO ENVIRONMENT This ordinance is designed to treat lands which are similarly situated and environmentally similar in like manner with reasonable consideration for the existing use and character of properties, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county. (Amended 11-1-89) 18-I-2 Zoning Supplement #5, 6-I 6,99 ALBEMARLE COUNTY CODE PAGE 3 1.6 RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reasonable consideration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implementation of the Comprehensive Plan. To this end: development is [o be encouraged in Villages, Communities and the Urban Area; where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objectives; and development is not to be encouraged in the Rural Areas which are to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, and conservation of natural, scenic and historic resources and where only limited delivery of public services is intended. (Amended 1 l-1-89) 1.7 OFFICIAL ZONING MAP The unincorporated areas of Albemarle County, Virginia, are hereby divided into districts, as indicated on a set of map sheets entitled "Zoning Map of Albemarle County, Virginia" which. together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this ordinance. The zoning administrator shall be responsible for maintaining the Zoning Map, which shall be located in his offices, together with the current zoning status of land and water areas, buildings and other structures in the county. The zoning administrator shall be authorized to interpret the current zoning stares of land and water areas, buildings and other structures in the county. No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on *.he official Zoning Map. Violations of this provision shall be punishable as provided in section 37.0, 1.8 CERTIFIED COPY, FILING A certified copy of the Zoning Ordinance and Zoning Map of Albemarle County, Virginia, shall be filed in the office of the zoning administrator and in the office of the Clerk of the Circuit Court of Albemarle County, Virginia. 1.9 APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES Prior to initiation of the review of an application for a zoning map amendment, special use permit, variance or other land use permit, the zoning administrator shall require the applicant to produce satisfactory evidence that all delinquent real estate taxes owed to the County which have been properly assessed against the subject property have been paid. The applicable time periods for the review, recommendation and decision on an application for a land use permit shall be tolled until such evidence is received by the zoning administrator. Zoning Supplement #5.6-16-99 Comprehensive Plan: This site is located in the Rural Area. Commercial activities are generally discouraged in the Rural Area unless supportive of the elements that define the Rural Area, including cultural and historic resources. Monticello is a historic site of worldwide importance and is identified as a significant historic site in the County Open Space Plan. Planning decisions should be made which are supportive of protecting and maintaining the viability of such historic sites. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent proper .ty~ The Thomas Jefferson Memorial Foundation owns a significant amount of land surrounding Monticello, and the gift location is near the center of the site. The gift shop is not located near any residences or uses outside of the Memorial Foundation property. A significant proportion of the gift shop customers are those who have come to tour Monticello. The applicant estimates that not more 5 percent of the shop customers come only to visit the gift shop. The gift shop is not directly accessible by car, only by the shuttle bus service from the visitor's parking area. Based on the size of the gift shop and proposed expansion, its location on the property, and the limited additional commercial activity it generates on its own, staff is of the opinion that there no negative impacts to adjacent property. that the character of the district will not be changed thereb¥~ The gift shop is an existing use and the proposed expansion is of limited size. This particular gift shop functions essentially as an accessory use to the historic site and museum. It does not generate significant commercial activity on it own. Staff opinion is that the proposed use would not change the character of the district, and that such use wilI be in harmony with the purpose and intent of this ordinance~ Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6 (Attachment C). Staff finds no conflict between the proposed use and these provisions of the ordinance. with the uses permitted by right in the district~ The gift shop and proposed expansion make appropriate use of an existing building and are complimentary to the primary use on-site, an historic site/museum which is open to the public. As noted in the Zoning Department comments, historic sites/museums are currently not a permitted use in the Rural Area. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the ordinance, Supplementary Regulations, does not address this use. and with the public health~ safe ,ty and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of this proposal. The addition will not have a significant impact on the existing well and septic system. The existing parking area serving Monticello is sufficient to accommodate the gift shop and proposed expansion. VDOT has no comment regarding this proposal. As noted earlier in the report, the gift shop is not anticipated to generate significant additional traffic to the site. SUMMARY: Staff finds that the gift shop and proposed expansion will not have a detrimental impact on adjacent properties or the Rural Areas District. The gift shop functions as an accessory use to Monticello as a tourist site and as such does not create additional commercial activity in the Rural Area. RECOMMENDED ACTION: Staff recommends approval of SP 99-71 with the following condition: 1. Gift shop limited to a total of 2,000 square foot for retail and office area. ATTACHMENTS: A - Location Map B - Application C - Zoning Dept. Comments D - Zoning Ordinance Sections ATTACHMENT A \ - Application for'Special Use: Permit · , ":.t .'~ '.'~:;: ,:.9: "-.:,,? ,: .., " ~, , ~ '"., ~,,~:5," :. . .>:... ::- ; i -,~ " . .'- '- ~ - .... ' · t . Is thi~'~n amendment to an' existing Special Us~ Per'nit? i' . ~ :. ' ~ Y~No . Are you submitting,:: ... a site development., Plan,,.,,~tb..*~.. ~Pplic~fion? -.: L ~, Ye~No . Address City ' ' State. Zip Daytime Phone ( __ ) Fax # E-mail Tax map and parcel 7~ - ~"D '- PhysicalAddress Locationofproperty(la.d,r~ks. imm~ctio;s, oroth~O o~/ MO~rI~gLL, ~q~T*'~ Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers ..~' ~--V'~-c~.S,~ Stl:,~ ' . Fee amount $ , ~istory: I~l Special Use Permits: ,, Datc Paid Q ZMAs and Proffers: 121 Letter of/Authorization I Co.cu~e.,~e, iew orSi,e U. ve,o,,.e., ~,a.? ~ Ye. ,Z ~o ,, .~: A-g50~<._ 40l Mclntim Road -:' Charlottesville, VA 22902 .:. Voice: 296-5832":. Fax: 972-4126 COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE, 22911 ATTACHMENT D PAGE 1 A. G. TUCKER RESIDENT ENGINEER January 18, 2000 Pinnell Custom Leather SP-99-6 I, Route 810 Mr. David Benish Dept. of Planning 8,: Community Development 401 McIntire Road Charlottesville, VA. 22902 Dear Mr. Benish: With reference to our meeting and discussion on January 14, 2000, we have the following points to affirm: I) It is our understanding there will be 4 employees working daily, in addition to private, residence. There will also be no on-site sales floor and any additional traffic would be for delivery of merchandise only. 2) Our traffic count of 1997 reflects 2000 AADT for Route 810 between Route 240 and Route 811. 3) We did a speed study that reflects an 85th. percentile speed of 48 mph at subject location. 4) In view of the above, we will require a minimum commercial efltrance and recommend that on-site entrance be wide enough to accommodate two vehicles meeting for entry and exit at the same time. TRANSPORTATION FOR THE 21ST CENTURY Mr. David Benish Pin_nell Custom Leather Page 2 January 14, 2000 PAGE 2 The sight line to the north should be covered by a platted sight line easement; however we understand that it is not possible at this time due to conflicts on adjoining property. In view of the fact that you can physically see the required sight distance, a small amount of broken down fence and bushes needs to be removed from the property beyond the adjoining property. We will require that this be flagged for a check of sight line yearly to make sure sight distance is available and if not, the County require that either sight line be reopened or business curtailed to lesser use. 6) When the adjoining property is clear of any internal conflict, a platted easement for Sight distance should be sought to do away with yearly review of sight line. If you have any questions, please advise before releasing comments. Yours truly, Ass't. Res. Engineer HWM/Idw cc: J. H. Kesterson January 28, 2000 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 Mclntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296- 5823 Fax (804) 972 - 4035 Dick Shearer CFW - Intelos P O Box 1238 Waynesboro, VA 22980 SP-99-62 CFW CV Route 638/Interstate 64 Tax Map 72, Parcel 43B Dear Mr. Shearer: The Albemarle County Planning Commission, at its meeting on January 18, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: o The height of the tower shall not exceed 5 feet above the height of the tallest tree within 25 feet of the tower. Antenna may not extend above the height of the tower, and therefore shall not exceed a total height of 95 feet. The tower shall be designed, constructed and maintained as follows: a. The tower shall be of wood. b. Guy wires shall not be permitted. c. The tower shall have no lighting; and, d. All equipment mounted to the pole shall be painted or otherwise treated to match the pole in color. The tower shall be located on the site as follows: a. The tower shall be located as shown on the attached plan entitled "Lease Parcel CFW Site CV 160" (Attachment C). Page 2 January 28, 2000 Antennas may be attached to the tower only as follows: a. The Antennas shall be limited to those shown in a plan titled "CFW Wireless Mechum's River CV 160" (Attachment B). b. Antennas shall be flush mounted to the pole; and, c. ' Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: a. The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: (1) Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting locate on the tower or the site; and, (2) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange for reciprocal rights on a tower and site owned or controlled by another provider within Albemarle County,. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only. A lighting'plan must be provided with the building permit application. Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from the Director of Planning to remove existing trees on the site outside the access easement and tower lease area. The Director of Planning shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by the Director of Planning, the permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment building. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. 2 Page 3 January 28, 2000 o Fencing of the lease area shall consist of a wooden fence of wood color, which is limited to a 10 foot by 10 foot area and 6 feet in height. The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued. The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. No slopes associated with construction of the tower and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. 10. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and, 11. The access road shall disturb no more than 75'.in cross section. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on February 16, 2000. 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. The Planning Commission also approved a waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2.2. subject to the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit. 2. Provision of one parking space. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Eric L. Morrisete, AICP Senior Planner Cc: Ella Carey Bob Ball Amelia McCulley Steve Allshouse Jack Kelsey STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Eric L. Morrisette, AICP January 18, 2000 February 16, 2000 sP 99-62 CV 160 Route 638fl-64 CFW Applicant's Proposal: The applicant is proposing to construct a tower slightly above tree top level to provide PCS, Personal Communication System, coverage for western Albemarle Cotmty (Attachment A). The proposed tower will receive a signal from another tower [CV 229 Route 708flnterstate 64 intersection] and transmit the signal further along Interstate 64, thus minimizing the necessity for a taller tower to be constructed. The applicant has provided information indicating that there is a grove of mature trees [approximately eight trees] where the tower will be located (Attachment C). The tallest tree was surveyed to be approximately 90 feet in height. The requested tower height of 5 feet above the tree canopy [95 total feet] will allow for additional vegetative growth and thereby an unobscured transmission signal. Two panel antennas [approximately six feet by one foot] will be flush- mounted to the pole. The receiving antenna will be placed at a height of 45 feet and the transmission antenna will be placed at. a total height of 95 feet. The proposed tower is a wooden pOle. The specific location and design of the proposed tower is shown on Attachments C and B. Staff has indicated the location of the proposed tower and access to the tower on a topographic map, which is included as Attachment D. A detailed description prepared by the applicant is included as Attachment A. Petition: Petition by CFW wireless to construct a telecommunication tower slightly above tree top level [95 total feet] with associated ground facilities on a portion of 34 acres zoned RA, Rural Areas, and EC, Entrance Corridor [10.2.2(6)]. Property described as Tax Map 72, Parcel 43B, is located on the northern side of Interstate 64, approximately 1 mile east of State Route 635 (Attachment E). This property is located in the White Hall Magisterial District and is not located within a designated growth area. Character of the Area: The location for the proposed tower Site is approximately 1,100 feet from the Interstate 64 right- of, way and at approximately the same elevation than the corresponding Interstate 64 pavement section. There is a slight rise in elevation between the tower site and Interstate 62, approximately 40 feet that will provide adequate screening of any ground utilities from the Interstate 64 viewshed. The tower site is located in a' stand of 8 trees, the tallest being surveyed at 90 feet in height (Attachment C). Attachment D is a topographic map that shOws the location of the proposed tower and nearby structures. The proposed tower is at an elevation of approximately 590 feet Above Sea Level [ASL]. The closest dwelling, which is on the same parcel as the proposed tower, is approximately 1,300 feet distant. Three other dwellings are located approximately 2,000 feet [0.6 miles] from the proposed tower. No existing towers are located within the area. The closest property line is 150 feet to the north, which is also owned by the applicant. This site is not locate within the Mechums River floodplain. This site is not located within any Albemarle County Agricultural/Forestal Districts or any Nationally Registered Historical Properties. The subject parcel consists of open farmland and recently timbered trees. A small grove of mature trees exists in the area of the proposed tower site (Attachment C). An overhead utility line on 40 foot poles bisects this property and is located approximately 25 feet northwest of the tower site. Attachment to the power pole is not desired due to the limited height of 40 feet and increased visibility resulting from limited vegetation within the powerline easement. The Mechum River meanders through the site, approximately 850 feet from the proposed tower site. The site will be accessed by a 15-foot easement that is partially constructed. The access easement will connect with an existing 50-foot easement that extends to the End of State Maintenance for Route 683. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of Section 10.2.2.6 of the Zoning Ordinance and recommends approval, with conditions. Planning and Zoning History_: No planning or zoning history is available for this site. A residential structure and supporting agricultural structures currently exist on site. Comprehensive Plan: Staffnotes that in order to construct the proposed tower, partial clearing for access and the provision Of electrical service will be required. Therefore, these impacts, in addition to the impact of the tower itself, have been reviewed for compliance with the Comprehensive Plan and the Zoning Ordinance. This property is located in the Rural Areas of the Comprehensive Plan. The Plan discourages uses not related to bona fide agriculture or forestry. Currently, the ComPrehensive Plan contains limited review criteria for the siting of telecommunication towers. The Open Space Plan does provide some guidance for the protection of identified resources of the County. The only resource identified in the plan and potentially affected by this application is the Entrance Corridor. The Architectural Review Board [ARB] currently addresses the Entrance Corridor Overlay District. This proposed tower, and the property, is entirely belOw any Mountain Resource Area as identified in the Open Space Plan. No provision of the Comprehensive Plan 2 prohibits or has the effect of prohibiting Personal Wireless Services. The limited area included in the lease area for the facility will not substantially reduce the existing or potential for use under the intent of the Rural Areas designation. The current use is residential and agricultural. This tower is intended, primarily, to provide service to the Interstate 64 corridor. Interstate 64 is designated as an Entrance Corridor. The ARB has reviewed this request~ and has granted approval subject to three (3) conditions (Attachment F). Although the tower will be visible, it was determined that the tower's visibility will be minimal as a result of site location within a stand of tall trees and the distance from Interstate 64. In an effort to further minimize impact, the ARB conditioned approval whereas (1) the equipment mounted to the pole shall be the same color as the pole, (2) the antennas will be flush mounted, and (3) no further tree removal within 200 feet is allowed. Therefore, staffhas included such conditions as Conditions of Approval with this request (Conditions 2d, 3b, and 6). The impact of this tower on resources identified in the Open Space Plan is, in the opinion of staff, not significant due to the limited visibility of the tower. STAFF COMMENT: Staffwill address the issues of this request in three sections: Section 31.2.4.1 of the Zoning Ordinance; Section 704(a)(7)(b)(I)(II) of the Telecommunications Act of 1996; Waiver of site plan in accord with the provisions of Section 32.2.2 of the Zoning Ordinance; and, 1. Section 31.2.4.1 of the Zoning Ordinance: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the fight to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property, The proposed tower is located approximately 500 feet from the nearest property line not owned by the applicant [Tax Map 72, Parcel 42A]. The applicant has provided information indicating that there is a grove of mature trees [approximately eight trees] where the tower will be located (Attachment C). The tallest tree was surveyed to be approximately 90 feet in height. The requested tower height of 5 feet above the tree canopy [95 total feet] will allow for additional vegetative growth and thereby an unobscured transmission signal. The supporting electrical equipment located at the base of the tower will not be visible, because the site area is vegetated and screened by topography on all sides. The view from Interstate 64 will be also be substantially screened by topography, vegetation on site, and undergrowth within .the fight-of- way. The top of the facility will slightly extend above the existing tree canopy in the area, but it 3 is anticipated that the additional 5 feet above the tree canopy will have minimal impact on the overall aesthetics of the site. Although the site plan indicates that the antenna will extend above the pole, staff has conditioned the approval to not allow the antenna to exceed the height of the pole [95 feetl (Condition 1). The site plan also indicates a 20-foot by 20-foot chain link fence around the facility,- The applicant has stated that the fence is necessary to prevent damage to the facility by livestock that roams throughout the farm. Planning staff finds that a chainlink fence is more in character with an industrial site and not a rural area site. Therefore staff has worked with the apphcant to establish a smaller fence, which is 10 feet by 10 feet and 6 feet high, that is made of wood and is wood in color (Condition 8). The wooden fence will be more in character with the Rural Areas District and should diminish impact to adjacent properties. The minimal visibility of the site does not, in the opinion of staff, result in a substantial detriment to adjacent property. Additional information may be provided by the public during the public heatings on the issue of potential impacts. Staff has received no contact from adjacent property owners as of the date of this report. that the character of the district will not be changed thereby, As stated previously the siting of this facility within a grove of trees will allow for it to be slightly visible from Interstate 64, an Entrance Corridor. The visibility of utility type use in the Rural Areas is not uncommon (power lines and telephone switching stations). In fact, a power line runs northeast-southwest only 25 feet from the tower site. However, the County attempts, where possible, to limit the visibility of these uses. The County has over the years, by its actions to approve and deny applications for wireless facilities, attempted to site these facilities in areas where they have limited impacts on the surrounding area. This facility is located in a grove of mature trees, which has been the favored approach of the County. The existing trees will serve to hide most of the facility. Although the panel antennas will be located 5 feet above the largest tree in the grove, staff finds the increase above the canopy to be minimal and thereby not altering the character of the district. The existence and visibility of this facility will not on its own result in a change in the character of the district to an extent that the area would no longer be considered rural. However, it will have a visual impact on the area and to some extent the character of the Entrance Corridor District will be affected. The ARB has recommended conditions to address this. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the Zoning Ordinance as stated Sections 1.4, 1.5, and 1.6 with particular reference to Sections 1.4, 1.4.4, and 1.5. All of these provisions address, in one form or another, the provision of public services. The use of mobile telephones clearly provides a public service as evidenced by the expanded and rapid increase in use. Based on the provision of a public service, staff opinion is that this request is in harmony with the purpose and intent of these sections of the Ordinance. Section 1.4.3 states asan intent of the Ordinance, "To facilitate the creation of a convenient, attractive and harmonious community". The provision of this facility does increase the availability and convenience for users of wireless phone technology. with the uses permitted by right in the district, The proposed tower will not restrict the current uses or other by-right uses available on this site; or by-right uses on any other property. with additional regulations provided in Section 5.0 of this ordinance, Section 5.1.12 of the Ordinance contains regulations governing tower facilities and appropriate conditions are proposed to ensure compliance with this provision of the Ordinance. and with the public health, safe _ty and general welfare. The provision of increased communication facilities may be considered consistent with the public health and safety and general welfare by providing increased communication services in the event of emergencies and increasing overall general communication services. The Telecommunications Act addresses issues of environmental effects with the following language, "No state or local government or instrumentality thereof may regulate the placement construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commissions' regulations concerning such emissions". In order to operate this facility, the applicant is required to meet the FCC guidelines for radio frequency emissions. This requirement will protect the public health and safety. 2. Section 704(a)(7)(b)(I)(II) of The Telecommunications Act of 1996: The regulation of the placement, construction and modification of personal wireless facilities by any state or local government or instrumentality thereof shall not prohibit or have the effect of prohibiting the provision of personal wireless services. Neither the Comprehensive Plan nor the Zoning Ordinance prohibits the provision of personal wireless service. Staff does not believe that the special use permit process or the denial of this application has the effect of prohibiting the provision of personal wireless service. The applicant has not demonstrated that there are no other locations within the proposed area of service currently available for new tower construction. For this reason, staff does not believe that denial of this application would have the effect of prohibiting the provision of services. Staff and the applicant have been unable to identify any location for collocation, which would eliminate the need for construction of a tower. Alternate sites for the construction of a new tower 5 have not been discussed. 3. Site plan waiver in accord with the provisions of Section 32.2.2 of the Zoning Ordinance. The Commission may waive the drawing of a site plan if requiring a site plan would not forward the purpose of the Ordinance or otherwise serve the public interest. Generally the site review committee has endorsed the use of site plan waivers for the establishment of telecommunication facilities. This general endorsement is based on the relatively small area impacted by the proposed use and the ability to obtain the required information through an Erosion and Sediment Control Plan and the building permits. In this case the construction of the facility will require activity only for the construction of the ground equipment, provision of a parking area (additional gravel), a gravel driveway to access the site, and adequate drainage. The access road will have minimal impact, because little clearing is necessary to construct the road and a portion of the road will use the existing overhead power line easement for access. Based on the minimal activity necessary for installation staff is unable to identify any purpose, which would be served by requiring the submission of a site plan. Staff recommends approval of a full site plan waiver subject to the following conditions: 1. Approval of an erosion and sediment control plan prior to the issuance ofabuilding permit; and, 2. Provision of one parking space. SUMMARY: Staffhas identified the following factors, which are favorable to this request: 1 . The tower will provide increased wireless capacity, which may be considered consistent with the provisions of Sections 1.4, 1.4.4 and 1.5; 2. The tower will not restrict permitted uses on adjacent properties; 3. The design and siting of the tower is such that it will have limited impact on adjacent properties and Interstate 64; 4. The siting of the tower places the tower near an existing utility corridor; and, 5. This request generally complies with the provisions of Section 31.2.4.1 of the Zoning Ordinance. Staff has identified the following factors, which are unfavorable to this request: 1. This site and tower will be slightly visible from Interstate 64, which may result in a change in the character of the Entrance Corridor District. The ARB has recommended conditions to address this. The following factor is relevant to this consideration: There is an existing reasonable use of the property; and, This proposal may not be considered to be contributing to an "attractive community" as outlined in Section 31.2.4.1 of the Zoning Ordinance. Staff's review has resulted in mixed findings. The site will be slightly visible from I. 64 and the stand of 8 trees provides more limited screening, particularly if any one tree is lost in the future. However, given the character of the pole design and distance from adjacent residencies and Interstate 64, the visual impact will be slight (limited). The conclusion of staff is that, due to the lack of tall structures in the vicinity to allow for co-location, no alternative site analysis could provide for superior siting options. However, the impacts created by this site are not such that staff is able to make a finding that approval would be inconsistent with the ordinance. Staff recommends approval of this request. RECOMMENDED ACTION: Staff recommends approval subject to the following conditions: (In the event that the Board chooses to deny this application staff offers the following comment: In order to comply with the provisions of the Telecommunication Act, staff request consensus direction from the Board regarding the basis for denial of the application and instruction to staff to return to the Board with a written decision for the Board's consideration and action.) RECOMMENDED CONDITIONS OF APPROVAL: The height of the tower shall not exceed 5 feet above the height of the tallest tree within 25 feet of the tower. Antenna may not extend above the height of the tower, and therefore shall not exceed a total height of 95 feet; The tower shall be designed, constructed and maintained as follows: a. The tower shall be of wood; b. Guy wires shall not be permitted; c. The tower shall have no lighting; and, d. All equipment mounted to the pole shall be painted or otherwise treated to match the pole in color; o The tower shall be located on the site as follows: a. The tower shall be located as shown on the attached plan entitled "Lease Parcel CFW Site CV 160" (Attachment C); Antennas may be attached to the tower only as follows: a. The Antennas shall be limited to those shown in a plan titled "CFW Wireless Mechum's River CV160" (Attachment B); b. Antennas shall be flush mounted to the pole; and, c. Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: a. The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: (1) Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting locate on the tower or the site; and, (2) The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to, evidence that the permittee has offered to allow other providers to locate on the tower and site in exchange fo~'reciprocal rights on a tower andsite owned or controlled by another prOvider within Albemarle County. o Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running though the lowest part of the shield or shielding part of the luminaire. For purposes of this condition, a luminaireis a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only. A lighting plan must be provided with the building permit application; o Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from the Director of Planning to remove existing trees on the site outside the access easement and tower lease area. The Director of Planning shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by the Director of Planning, the permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment building; The permittee shall comply with section 5.1.12 of the Zoning Ordinance; Fencing of the lease area shall consist of a wooden fence of wood color, which is limited to a 10 foot by 10 foot area and 6 feet in height; The tower shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications purposes is discontinued; 8 10. 11. The permittee shall submit a report to the zoning administrator once per year, by not later than July 1 of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider; No slopes associated with construction of the tower and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed; 12. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and, 13. The access road shall disturb no more than 75' in cross section. Should the Planning Commission support a waiver of the requirements of a site plan the Planning Commission only must take the following action in order to authorize a site plan waiver. A waiver of the drawing of a site plan has been granted in accord with the provisions of Section 32.2.2. subject to the following conditions: Approval of an erosion and sediment control plan prior to the issuance of a building permit; and, 2. Provision of one parking space; ATTACHMENTS: B- C- D- E- F- Applicant's Application for Special Use Permit Site and Details Plan Titles "CFW Wireless: Lickinghole Rptr CV 203" Lease Parcel Survey Topographic Map Tax Map ARB Approval Letter Dated November 19, 1999 >~.!,i ~ ~Cj~ty of Albemarle' , s~ ~ - 6 g , $ign~ l}~- ~ ~C Mag. Dist. Department of Building Code and Zoning'SerVic~, Application for Special Use Permit ATTACHMENT A J'Zoning District R~. *Zoning Ordinance Section number requested . ID, ~., ~--, {~ l(*staffwill assist you .with these items) Number of acres to.be covered by Special Use Permit (Ifal~nionitmml~a~n~au~l~q~la0 20s~(2010'~ qq t:~lte$ Is this an amendment to an existing Special Use Permit? O Yes~o Are you submitting a site development plan with this application? · ~1 Yes'No Colltact Person (Whom ~houid we call/writ~ concerning this project ?): b;C~. Address P.O. [3~x 1328 City Vdayne~looro IDaytimePhone(SqO ) qq~,- 1551 Fax# ~qo-q32-221b State x/gl Zip ~?qgo E-mail $heaverde c'.~.Cc~ Owner of land (ns ns~ ~ ta, Coun¥,moras): lqecber-} Cga-f4a f'~ao'e/! Address 10-~ Sheikh Mill I~oad City Cha~loF}e-sqill¢ State Daytime Phone ( ~00~ ) ~723 -*~Ut42 Fax g. .E-mail Zip 32 qo3 Applieallt (Who is the contact person representing? Who is requestiag the special use?): ~lC~'X/- Address P.O. 130~( 1~2 ~ City Vqaynesloo¢o State Daytime Phone ( ~htO ) qqlo - IgSo Fax g. b"~O - q32 - 2210 .E-mail Zip g2q~'o Taxmapandparcel 07200- oo -o0 - 0'-/-31~0 , PhysicalAddress(ifassi~aea) Locationofproperty(landman~s. intersectioas, orothm ~)ri,leula¥ -h)-t%~ lc. bi- a-F4he e~d o£ 51oel+or, ~ill t~oo~ Shet4o, ~rll I~oad Es 0~ 0$ t~o~f¢ ZOO ,~ ~ C,'o7.~ a,qa. , Does the owner of this property own (or have any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers ~ 0 Concurrent review of Site Development Plan? Letter of Authorization Yes 0 No 401 Mclntire Road o:o Charlottesville, VA 22902 o:- Voice: 296-5832 o:o Fax: 9724126 ATTACHMENT A section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, '~he board of supervisors hereby reserves unto itself the right to issue ail special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a fmding by the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such USe will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety and general weffare. · 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 assistmice filling out these items, staff is available. What is the Comprehensive Plan designation for this property?. Howwilltheproposedspecialuseaffectadjacentproperty? l, dJi/! 110't ¢~-~ -.l'k~ .oro, t~e~h~. How will the proposed special use affect the character of the district surrounding the property? /0 ~ek alcove ~ 4fees u/ill r~o't aT.f¢c.f "ff, l~ e~arac.3ef o,c'tlne ch.'s4rid ~ttrro~d~ 4erie_. How is the use in harmony with the purpose and intent of the Zoning Ordinance? ~01t2cerr~ 0~ t~/c)orl~,/.a ,/19_ te.c I O ~eee4 ~hcr' 44~a~ 4he 4o. tlest ~ee rna~ es4c~bli~l~me,~ ~c 4h~ f.-acil,'t,, acluo~laaeotz¢ How is the use in harmony with the uses permitted by right in the district? 03d4P~' /2~ ,~'/Et/' t~e. /9~r~*,~i/'/¢d b~-~icflq~ mia. ltl ye co~s~ctcred more r~b~-b'u~i,/~ ~, v~loa+ is ea~r~ntfq, ?ro?o~ed. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? ~'eE,g'/0g~ 5-. I. 12 How will this use promote the public health, safety, and general welfare of the community? '~r ¢omn~icc~-h'~$ via ~uirele~s 4¢le?l~o~e O~cY trico provi~ a~ ~e~e~ - I It Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use, operating hours, and any unique features of the use: ~I::W-l~9¢/o5 reat,~d~ a~4~r~z,'~4,'a~ 40 erect' ¢i vcoode~ oole Ioco:led ~ a. $'~r.~d o~ 4-feeo l~bH,~ a hei~l+ of i wf4~ 4h~ea .oa, d a, e os add reJa4ed O¢oand ~ui~m~f. 71~{'~ $t3~.. will operate o~'t hours a do~ d~r o~lic s~ru[ce. ATrAcItMENTS REQUIRIgD - provide two(2) eopie~ 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 written consent to the application. If the applicant is the agent of the owner, .a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby c~rtify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Printed Name Date Daytime phone number of Signatory ATTACHMENT A ATTACHMENT B SS;"I~HI/I/I NV'id gllS ATTACHMENT B ~ ~, > POLE [ I-- SSg"lgEIIiltl 'liVlgO ONftOl:lt9 VNNglNV ~. Z Z Z ~/ -J ~ ATTACHMENT B 0 0 ,,, / ° X I-- IJJ 0 230. z 0 8 o ,~ ~ ~ .jO >0~' -- n- ~--w~ 0 0 ~i? ,,,o ,,.~ zz (7) N LOL~ ~5 ~< <'" ATTACHMENT C LO..,- oh.. O '--~ Ltj LOC,lCD CDX ATTACHMENT D ~ o = SECllON 72 J ,.% l Nl¥.[H(~OYI y- 01 NIYJ, N~OYt ! ATTACHMENT E 0 I 9 'I' L '29 algasao~,Ul/g£9 o:mo~i 091 AD Z:9-66 dS C ATTACHMENT F November 19, 1999 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 M¢lntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Dick Shearer P O Box 1328 Waynesboro, VA 22980 ARB-P(BP)-99-19 Mechum's River Antenna - Route 638/I--64 Tax Map 72, Parcel 43B Dear Mr. Shearer: The Albemarle County Architectural Review Board reviewed the above noted item. at its meeting on Monday, November 15, 1999. The board voted to grant approval of the Certificate of Appropriateness. subject to the following conditions: 1. All equipment mounted to the pole shall be painted or otherwise treated to match the pole in color. 2. Antennas shall be flush mounted to the pole. 3. No trees within 200' of the facility shall be removed. You may consider this letter your Certificate of Appropriateness. Approval received from the Albemarle County Architectural Review Board is predicated on the fact that the material as proposed and exhibited for review will be used. The acceptance of approval implies that the applicant has agreed to use the materials as indicated on the site plan, attachments and samples submitted. Any change in the approved design or materials will require an amendment to the plan and must be reviewed and approved by the Architectural Review Board. If you have any questions, please do not hesitate to contact me. Sincerely, ~art' Design Planner MP/jcf Cc: File January 28, 2000 COUNTY OF ALBEMARLE Department of Planning & Community Development 401 McIntire Road, Room 218 Charlottesville, Virginia 22902-4596 (804) 296 - 5823 Fax (804) 972 - 4035 Michael Merriam Thomas Jefferson Memorial Foundation P O Box 316 Charlottesville, VA 22902 SP-99-71 Thomas Jefferson Memorial Foundation Tax Map 78, Parcel 22 Dear Mr. Merriam: The Albemarle County Planning Commission, at its meeting on January 18, 2000, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following condition: 1. Gift shop limited to a total of 2,000 square foot for retail and office area. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on February 16, 2000. 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, Chief of Planning & Community Development Cc: Ella Carey Jack Kelsey Bob Ball Amelia McCulley Steve Allshouse STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: DAVID BENISH JANUARY 18, 2000 FEBRUARY 16, 2000 SP 99-71~ MONTICELLO GIFT SHOP Proposal: The applicant is proposing a 470 square foot expansion to the existing gift shop located adjacent to Monticello (350 sq. ft. retail space and 120 sq. ft. office space). The existing shop consists of approximately 1,500 square feet of retail and office space. The property is located on the Thomas Jefferson Parkway (Route 53), approximately two miles from its intersection with Route 20. A location map is included as Attachment A. Attachment B is the applicants' special use permit application and a letter from the applicant explaining the proposal. The existing gift shop predates the requirement for a Special use Permit; therefore, it is considered an existing non- conforming use. In order to expand the shop a special use permit needs to be approved by the Board of Supervisors (see Zoning Department comment, Attachment C). Petition: Request for special use permit to allow for a gift shop in accordance with Section 10.2.2.36 of the Zoning Ordinance which allows for gift, craft and antique shops by special use permit in the Rural Areas. The property, described as Tax Map 78 Parcel 22, contains 593 acres, is located on the Thomas Jefferson Parkway (Route 53), approximately two miles from its intersection with Route 20 in the Scottsville Magisterial District. The property is zoned RA, Rural Areas, and is designated Rural Area in the Comprehensive Plan, in Rural Area 3. Character of the f~rea: Land in the area is primarily in agriculture, forestry, or open space use. Some rural scale residential parcels are located along Route 53. The gift shop is located at the top of Monticello Mountain and is not located near any residential properties outside of Thomas Jefferson Memorial Foundation property. RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of sections 31.2.4.1 (criteria for approval of special use permits), and recommends approval of SP 99-58 with conditions. ,,p,.lanning and Zoning History: As noted previously, the gift shop predates the requirement for a Special Use Permit. There is no zoning history relevant to this proposal. :Section 31.2.4.1 of the Albemarle County zoning' Or&nance.states that, .'.rrhe.. board, o~'supervlsors hereby' reserves unt° itselFthe right t~° issue all special USe: permits 'pei:mit~ed'h~i:~i~nd~i-i. S'Pe~i'al USe.~ permits for uses as provided in this ordinance may be issued upon ~. findingby the b°~ct of S'apbrvisoba, that such use wiil'not be' Of substantial detriment to adjhcentproperty; 'that~ the. c. har~ictet; Of the district 'will. not be changed thereby and that Such use will be in harmony with the PurpOSe and. int~nt iof this 'ordinance, with the uses permitted by right in ~e.d.!strict,.~ .with additional reguhtion~ provided in.section 5.0 of this ordinance, and with the public health, safety and general welfare. "" '~' ' · ?.-c~::::Y' : "' · '~.~. ...... : -. "" '" ": ':' .......... ' ' ':'"" ' " ".. ': ..'~,', ~'. '--"~ :./-:.7:.. ' .' .' The items'which follow will be reviewed by the staff in their analysis of your request. Please complete this form ~d provide additional information which will assist the County in its review of your request.' '~!fY~hin'¢~ed asSlS~?:filling 0ut~:these.itCms, Staff:i~.ayailabi~.~.' .... '"'"' '"' ' ' ': ........ : ..... ~ .... ".i Whatis the Comprehemiv¢ Plan designation.fOr this property? ';-'";.,,_ -,._ , .__., - "' Howwilltheproposedspecialuseaffectadjacentpr°Per~.y? ~0 ~I:"~"* CT" "::' "" :' '": ' '"" :.~..? '~'~--',., .: . .: '<,.. . .: . -... -.: ...... . .. ~ · ..- . .- ..... · ~-.. ~. '-. ,. .. ~ How is'the use in harmony with thc purpose and intent of the Zoning Ordinance?" How is the use in harmony with thc uses permitted by right in the district? What additional regulations provided in Section 5.0 of thc Zoning Ordinance apply to this usc?. How will this use promote the public health, safety, and general welfare of the comm.unity? .; ii;-L:'~:,: ?' ~)¢scnb¢ your request in detail. ~d include all pe~ne~t ~formatton such as the fi. umbers of persons "i:5'::: involved in the use, operating hours, and any unique features of the use: ~; t~:~n-r - :~:"' no recorded Plat or bounds, su~ey';' ple~ie provide Iegfl. description: of me pr°~ky'~d -= ·...: the Deed .B°°k ~d page number 6r Plat Book ~d, ':...~,-page:'number' · . '~ ..... Note: If you ~e requesting a speci~ use pemit only foFa'po~ion ': '" ~ needs to be described 0~ delineated on a coPY'of the plat or Su~eYed dra~ingz~':':'"; ' - 2. Ownership information~ if owne~hi'~ o'~"~:~e property'is in the nm6 0'f ahy.~e~bf legfl ' ~' entiky or orgmizafion including, but n'btlimited to,' the n~e ora 0 0fiu0h;' P~e~ip ~. · o[:~s0ciafion;'or in ~enme 0f a ~st; or tn.a fictmous nme;'.a document acceptable to· If the apPlicmt is a contact Pureh~er; ~ d~ument accepmbie"tO the Coun~ must be' sub~tted cont~ning the [wner's written 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: O 3. 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 Printed Name Date Daytime phone number of Signato~ 4" MONTICELLO December l, 1999 PAGE Mr. Forrest R. Marshall Jr. Scottsville District Supervisor County of Albemarle 401 McLntire Road Charlottesville, Virginia 22902 MICHA£L B. MERRIA.M Direr:or ~f' ~tci[t'ties PAznnt~.[ ,rna Cotls:r:tc::on Dear Mr. Marshall: As we discussed yesterday afternoon, Monticello would like to improve ks small mountaintop git'c shop by adding 315 net square feet of retail space and 110 net square feet of office space. We would do this by roofing over and enclosing an ex/sting patio on the back of the shop. Monticello's contractor applied for a permit two weeks ago with the intention of starting work tbs week. Past ex'perience led us to believe that secur/ng a building permit for this work would be routine. We are now being told that we cannot get a building permit for this work without a special use permit. County planning and zoning officials have reviewed this project and w/il support a special use permit. The problem, however, is timing. The addition and renovation w/Il require closing our shop ~br about two weeks. We had hoped to be able to perform this work during our winter slow season. A special use permit ordinarily requites three or four months to secure. That would put this construction well into our busy season, costing Monticello over a hundred thousand dollars more in lost revenue and disappointing thousands of visitors. Amelia McCulley suggested that Monticello request an expedked permit process. According to Wa~vne Cilimberg, the first step is for the Board of Supervisors to ~'approve early acceptance and processing of a special use permit application by the Thomas Jefferson Memorial Foundation for expansion of its museum shop at Monticello and authorize review of that application at the earliest public hearing date following its approval by the Planning Commission." BOS approval would al/ow this project to be submitted before the ne,ct deadline and could cut as much as a month offthe process. The project would st/il be subject to statutory. public notice requirements. Thank you for consider/rig this matter on such short notice and tbr introducing it at this morning's BOS meeting. ~ always, your support for Monticello ks truly appreciated. cc: Dan Jordan Sincerely, / ~OST OFF[CE SOX 3[O CHARLOTTMSVILLZ, V[RG[NLk 22OO2 cm:ui: :nmcrrlam~amon r~cc~Io.o r~ I I III I I I I I} I~. PAGE 5 PAGE 6 ,/ PAGE 7 PAGE 8 j~ ATTACHMENT C Albemarle County Development Departments $ P-1999-071 SPIN Submission and Comments Monticello Gift Shop Addition Zoning [description and date] revision 1 rev~ ewer received reviewed decision Jan Sprinkle 12/16/99 12/28/99 Monticello is a nonconforming use in the RA district. We have no category of use under which it can be operated. We are hopeful that either the Thomas Jefferson Memorial Foundation will initiate a ZTA to add a use allowing an historic structure to be open to the public, or that the county will adopt new text during its review and enactment of the Historic Preservation Plan and Ordinance to do so. The gift shop at Monticello is actually an accessory use to the historic home and museum, but since it cannot be expanded as such, this application is being forwarded to allow the gift shop as a free-standing use in the RA. We recommend that at whatever point Monticello becomes conforming, this SP be abandoned and the gift shop use recognized as the accessory use that it truly is. Ordinarily we recommend use of commercial setbacks for commercial SP's in a residential or rural areas zoning district, but since this existing gift shop is so centralized within the large acreage of Monticello, there ~s no need. 1/11/00 09:10 AM Page I of 1 ALBEMARLE COUNTY CODE ATTACHMENT D CHAPTER 18 ZONING SECTION I AUTHORITY~ ESTABLISHMENT, PURPOSE AND OFFICIAL ZONING MAP Sections:' 1.1 1.2 1,3 1.4 1.5 1.6 1.7 1,8 1.9 AUTHORITY AND ENACTMENT AMENDMENT TO ADOPT EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES PURPOSE AND INTENT RELATION TO ENVIRONMENT RELATION TO COMPREHENSIVE PLAN OFFICIAL ZONING MAP CERTIFIED COPY, FILING APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES 1.1 AUTHORITY AND ENACTMENT This ordinance, to be cited as the Zoning Ordinance of Albemarle County, is hereby ordained, enacted and published by the Board of Supervisors of Albemarle County, Virginia, pursuant to the provisions of Title 15.2, Chapter 22, Article 7, Code of Virginia, 1950, and amendments thereto. 1.2 AMENDMENT TO ADOPT An ordinance to reenact and readopt the Albemarle County Zoning Ordinance and the Albemarle County Zoning Map. Be it ordained by the Board of Supervisors of Albemarle County, Virginia: That the following ordinance known as the Zoning Ordinance of Albemarle County, Virginia, together with the Zoning Map attached thereto, be and the same are, readopted and reenacted effective/mmediately upon adoption of this ordinance. 1.3 EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES This Zoning Ordinance of Albemarle County, Virginia, shall be effective at and after 5:15 P.M., the 10th day of December, 'I980 and at the same time the Albemarle County "Zoning Ordinance" adopted December 22, 1969, as amended, is hereby repealed. 1.4 PURPOSE AND INTENT This ordinance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.2, Chapter 22, Article 3, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.2, Chapter 22, Article 7. As set forth in section 15.2-2200 of the Code, this ordinance is intended to improve public health, safety, convemence and welfare of citizens of Albemarle County, Virginia, and to plan for the future development of communities to the end that transportation systems be carefully planned; that new community centers be developed with adequate highway, utility, health, educational and Zoning Supplement #5, 6-16-99 ALBEMARLE COUNTY CODE PAGE 2 recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas be provided with healthy surroundings for family life; that agricultural and forestal land be preserved; and that the growth of the community be consonant with the efficient and economical use &public funds. (Added 9-9-92) Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of promoting the health, safety, convenience and general welfare of the public and of planning for the future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning map adopted by reference and declared to be a part of this ordinance, is designed: 1.4.1 To provide for adequate light, air, convenience of access and safety from fu'e, flood and other dangers; 1.4.2 To reduce or prevent congestion in the public streets; 1.4.3 To facilitate the creation of a convenient, attractive and harmonious community; 1.4.4 To facilitate the provision of adequate police and fu'e protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; 1.4.5 To protect against destruction of or encroachment upon historic areas; 1.4.6 1.4.7 To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fa'e, flood, panic or other dangers; To encourage economic development activities that provide desirable employment and enlarge the tax base; (Amended 9-9-92) 1.4.8 To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment; (Amended 9-9-92) 1.4.9 To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities; (Added 11-1-89; Amended 9-9-92) 1.4.10 To include reasonable provisions, not inconsistent with the applicable state water quality standards to protect surface water and groundwater def'med in section 62.1-44.85(8) of the Code of Virginia; and (Added I I- 1-89; Amended 9-9-92) 1.4.11 To promote affordable housing. (Added 9-9-92) 1.5 RELATION TO ENVIRONMENT This ordinance is designed to treat lands which are similarly situated and environmentally similar in like manner with reasonable consideration for the existing use and character of properties, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources; and preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county. (A mended 11-1-89) Zoning Supplement #5, 6-16-99 ALBEMARLE COUNTY CODE PAGE 3 1.6 RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reasonable consideration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implementation of the Comprehensive Plan. To this end: development is to be encouraged in Villages, Communities and the Urban Area; where services and utilities are available and where such development will not conflict with the agricultural/forestal or other rural objectives; and development is not to be encouraged in the Rural Areas which are to be devoted to preservation of agricultural and forestal lands and activities, water supply protection, and conservation of natural, scenic and historic resources and where only lfmited delivery of public services is intended. (Amended 11-1-89) 1.7 OFFICIAL ZONING MAP The unincorporated areas of Albemarle County, Virginia, are hereby divided into districts, as indicated on a set of map sheets entitled "Zoning Map of Albemarle County, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a pan of this ordinance. The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this ordinance. The zoning administrator shall be responsible for maintaining the Zoning Map, which shall be located in his offices, together with the current zoning status of land and water areas, buildings and other structures in the county. The zoning administrator shall be authorized to interpret the current zoning status of land and water areas, buildings and other structures in the county. No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the official Zoning Map. Violations of this provision shall be punishable as provided in section 37.0. 1.8 CERTIFIED COPY, FILING A certified copy of the Zoning Ordinance and Zoning Map of Albemarle County, Virginia, shall be filed in the office of the zoning administrator and in the office of the Clerk of the Circuit Court of Albemarle 'County, Virginia. 1.9 APPLICATION FOR LAND USE PERMIT; PAYMENT OF DELINQUENT TAXES Prior to initiation of the review of an application for a zoning map amendment, special Use permit, variance or other land use permit, the zoning administrator shall require the applicant to produce satisfactory evidence that all delinquent real estate taxes owed to the County which have been properly assessed against the subject property have been paid. The applicable time periods for the review, recommendation and decision on an application for a land use permit shall be tolled until such evidence is received by the zoning administrator. Zoning Supplement #5, 6-16-99 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGEN DA TITLE: Six Year Secondary Road Plan 2000-2006 SUBJECT/PROPOSAL/REQUEST: Six Year Secondary Road Plan Project Priorities Public Hearing STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg, Benish, Wade AGENDA DATE: February 16, 2000 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Yes~ BACKGROUND: Please find attached the proposed County Priority List for Secondary Road Improvements (Attachment A) and the VDOT Draft Six Year Secondary Construction Program based on the Priority List (Attachment B). The Board of Supervisors held a work session on the County's Priority List on January 5, 2000. At that meeting, the Board of Supervisors voted to hold a public hearing on February 16, 2000 to receive input from the public on the proposed Priority List. DISCUSSION: In discussion of the Priority List, the Board addressed two road projects that staff has since reviewed further and provides this additional information: Old Ivy Road: This project has been in the Six Year Priority Plan for the past twelve years. It has been delayed mainly due to the complications of dealing with the railroad underpass. At the January 5, 2000 worksession, the Board asked staff to make a recommendation on whether this project should remain in the Priority List. Staff is recommending that this next year be used to conduct a study of this project's feasibility. Staff will be prepared to make a recommendation at next year's Six Year Priority update. Route 712 -Coles Crossin.q: Mr. Dorrier requested that Rt. 712 from Rt. 713 to Rt. 795 be considered as a Paving project. Staff prioritized this project using the Criteria Based Rating System. It is recommended as overall priority #76 and unpaved road priority #24. RECOMMENDATION: Staff recommends the Board of Supervisors adopt the County Priority List for Secondary Road Improvements. Itw OF SUPERVIS ORS 00.028 ~o~o oooo 0 0 0 0 0 0 0 0 II II II II H II II I! 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Sess., c. 13 having been 33.1-23.03:1 G. § ~.1-23,04: Expired. E~iior's note. -- Section 33.1-23.04 was enacted by Acts 1986, c. 553 ~,nd expired pur- suant toAets 1986, c. 553, cL 4 on July 1,1988. § .I~.I-P~I. Alloeafion of funds among highway systems. -- A. The Commonwealth Transvortation Board shall allocate e..ac_h year from al~l~funds~ made available for highway purposes such omount as ~t deems reasoname aha ns~ss~ for the m~ivtenance of roads within the interstate system of highways, the primary system of state high. w. ays, the secondary sys~m 0f~s__t_a.~ ~ways and for city and town s.tr .~t ma~. ?~an?.e.p.aymen~ma~ ae pUrSeU~ t0§ 33.1-41.1 and payments made to counties wmcn nave w~marawn or e to withdraw from the secondary system of state highways pursuant to 33,1-23.5:1. § B. Ai~r funds are set aside for administrative and general e..xpens, e,.s an~ pursuant to other provisions in this title which provide for the msposmon o funds prior to allocation for highway purposes, and after allocation is made pursuant to subsection A of this section, the Commonwealth Transportation Board shall allocate each year the remo!~ing funds available for highway · purposes, exclusive of federal funds for _the interstate system, among the 33.1-23.1:2,and then as follows: ~eral highway systems for construction first pursuant to §§ 33.1-23.1:1 and 1. Forty percent of the remaining fu~.ds e. xc~l .usi~e of .federal-aid m funds for the interstate system. shall be .auoca .r~. w ~.e..primary sys~e ,m highways, including the arterial network, and m aa?.~mn~, an. amount s.n~m{ .oe sl~ocated to the primary system as interstate matching nmas as provmea m Subsection B of § 33.1-23.2. 2. Thirty percent of the rem '.a/pi~..fun_ds ex?_usive of fed. e.r_,~_ ~-ai.d ~atc .hin. _g '. fimds for the interstate system shall be allocated to uroan mgnways mr s~am aid pursuant ~o § 33._1-44. , 3. Thir~ p~r .~nt of the,remsiningfunds exclusive of federm-aia mawhing funds for the lnterstate...$~stem shall be allocated to the secondary system of c. ~o~th~ding the rorogo~-g prov~.'o.? of ~s ~.'.o~., ~e ~ener,~ Assembly may, through the general appropria, t. io? act, pe.r~/t the ~ov,.e. _r?_r. increase the, . amounts to be allocated to mgnway mam~en_anc~_,_~mgn~w~ay, ~ii;'i..../.i.c°nstriicti°n; either orboth. (1977, c. 578; 1979, c. 84; 1985, c. 42; 198§, :.' A. '.Before funds are ~tlocat~l for distribution for mgnwa_y_.co_ns~c~},on pur~. ~';~ ."'/'i!ant!o § 33 1'23 1 B 1, B 2, and B 3, a fund shall be established tor me paving }~!:i~:?:./:~,;;i~!.~;~ ~i secondary roads which carrr f~ vehicles or more per ~!~?~.".SUch fund shall contain 5.67 percent of the total funds available for ~!i!il;~-..';?~';'II' :,B; S~Ch funds shall bo disiribut~l to co. unfies m me secona .ary sl~_s~em ~iQi?~.~;~'ratio of nonsurfaco treated roads m each county carr~ng m~.ve.mc,~s ~i:?..}'~,! _mgre pe~ day te the total number of such nonsurfaco treat~l roaas m me ~!i.?;-.i'~ ~ se~don ad~le~f to the counts sec0.na~ s~ys~em .co. ns .~:u. cuon, ~j~Q:~i~::'.~ndary construction i~ands undar this. prow_sion, me amoun~ o~ § 33.1-23.1:2 CODE OF VIRGINIA § co _unty's nonsurface treated roads used to distribute funds under this s~bsequ~ent years shall be reduced by one mile or proportional part of 0ne (1979, c. 84; 1985, c. 42.) § 33.1-23.1:2. Allocation of funds for interstate match. -- After m~ the allocations provided for in subsection A of § 33.1-23.1, but before m~ any allocations under subsections B 1, B 2, and B 3 of§ 33.1-23.1, a fUnd' Sha]~ be established for matching federal-aid interstate funds. · This fund shall be established annually by allocating to it all federal-ai~ interstate matching funds needed for the year, less the total amount of distric~ primary allocations for the interstate federal-aid match allocated unde~ subsection B of § 33.1-23.2. (1985, c. 42.) · § 33.1-23~,. Allocation of construction funds for primary system and interstate match. -- A. The Commonwealth Transportation~ Board Shall allocate s_uch funds as are available under § 33.1-23.1 B 1 to the.~p~ system of s~te highways, includiv~g the arterial network, for construction'and shall apportion such funds among the nine construction districts so that each construction district shall be allocated a share of such funds equal to 'the proportion that such construction district bears to the C0mmon~ealth asa whole in terms of: vehicle-miles traveled on the primary system, primary road lane mileage and aprimary road need factor which adjusts the ~eights in the allocation formula for the construction district with the largest under-aU%a- tion relative to primary needs, with vehicle-miles traveled Weighted seventy pe.rcent, primary road lane mileage weighted twenty-five percent, and ~the prunary read need factor weighted five percent. B. Out of each district's total allocation of primary funds pursuant, to paragraph 1 of subsection B of § 33.1-23.1, the Board shall allocate all needed intersta~ fed. e~al-ai.d matching funds, up to a maximum of twenty-fivePercent of the districts prnnary allocation. Any additional interstate federal-aid matching funds needed in a district shall be allocated by the Board fr0mthe Interstate Federal-Aid Matching Fund 'established in § 33.1-23.1:2. ' C. Notwithstanding subsection A of this section, the Board may provide, for exceptionally heavy expenditures for repairs or replacements made necessm~ by highway damage resulting from accidents, severe weather conditi0ns~'act~ of God or vandalism. _ D. Such funds allocated to the primary system shall, as far as possible, be allotted prior to the commencement of the fiscal year and public announcement made of such allotment but the Board shall not approve such allotment' until af~.r a public hearing at which political subdivisions of the Commonwealth and interested citizens may be heard. . ' In any case where any allotment of funds is made under this subsection to any county, all or a part of which subsequently is incorporated as or into a city or town, such allocation shall not be impaired thereby and the fimds so llocated shall be expended as if such county or any part thereof had never ecome an incorporated city, but that portion of such city shall not'be eligible to receive funds as a city during the same year it receives the funds allocated as a county or as any part of a county. (1977, c. 578; 1984, c. 748; 1985,c. 42~) § 33.1-23~. Allocation of construction funds for urban highW~ A. Such funds as are allocated to urban highWays in municiimlities:.h-~g 3,500 or more inhabitants pursuant to subdivision 2 of s~°n 'B'of § 33.1-23.1 and those incorporated towns which, on June 30, 1985, mSinta~ed rtain stree_ts under § 33.1-80, as then in effect, shall be apportioned among e cities and towns of this Commonwealth by the Commonwealth' tation Board in such a manner that each city or town to which these funds are 22 JOHN COLLIER MARTIN $115 CATTERTON ROAD FREE UNION, VIRGINIA 22940 (804) 978-2872 FAX: (804) 978-4107 February 11, 2000 Ms. Angela G. Tucker Resident Engineer Virginia Department of Transportation 701 VDOT Way Charlottesville, Virginia 22911 Re: Unpaved Secondary Road Fund Allocations Dear Ms. Tucker: Thank you for speaking with me by telephone on Tuesday of this week concerning Section 33.1-23. l: I(C), and related provisions of the Code of Virginia, which deal with the allocation of State funds to Counties for the improvement of unpaved secondary roads. As I informed you in our conversation, it would appear from the plain language of paragraph C of Section 33.1-23. l: 1, that this provision operates to provide Counties with the discretion to reallocate funds allocated to them annually to pave secondary roads, for purposes of other secondary road improvements, an option not heretofore recognized or utilized by Albemarle County. The purpose of this letter is to provide my interpretation of this Code section, and to request the views of the Virginia Department of Transportation with respect to this matter. Each year, the Commonwealth Transportation Board decides upon the amount of funds to be drawn from the Transportation Trust Fund for allocation statewide "...for the maintenance of roads within the interstate system of highways, the primary system of state highways, the secondary system of state highways and for city and town street maintenance payments ~..and payments made to counties which have withdrawn or elect to withdraw from the secondary system of state highways...' Code of Virginia, § 33.1-23.1. After deductions of amounts necessary for administrative and general expenses, and for several other purposes, 5.67% of the balance is placed in an "Unpaved Secondary Road Fund" for paving of nonsurface treated secondary roads. Code of Virginia, § 33.1-23.1: I(A). The remaining balance of the annual allocation from the Transportation Trust Fund is allocated: 40% for the primary system of State highways; 30% for urban highways; and, 30% for the secondary system of highways. Code of Virginia, § 33.1-23.1(B). After statewide allocations from the Transportation Trust Fund are calculated for the various expenditure categories, specific allocations for individual Counties are determined. The funds placed in the in the Unpaved Secondary Road Fund are "...distributed to counties in the secondary system based on the ratio ofnonsurface treated secondary roads which carry fiftzy vehicles or more per day to the total number of such nonsurface treated roads in the Commonwealth. Code of Virginia, §33.1-23.1:1 (B). Assuming hypothetically, therefore, that there are 1000 miles of nonsurface treated roads in the State overall, and Albemarle County has 100 miles of such roads, with 10% of the nonsurface treated roads in the State, 10% of the Unpaved Secondary Road Fund would be allocated to Albemarle County. Various other provisions contained in the Virginia Code establish criteria for allocation among the Counties of funds contained in the other allocation categories. See, e.g., Code of Virginia, § 33.1-23.4, "Allocation of construction funds within the secondary system." Each year, therefore, for purposes of its secondary_ roads, Albemarle County receives two funding allocations. One allocation is from the Unpaved Secondary Road Fund for paving of nonsurface treated secondary roads. Code of Virginia, § 33.1-23.1:1. The second allocation is for improvements on secondary roads generally. Code of Virginia, §§ 33.1-23.1; 33.1-23.4. With respect to these two separate allocations, it appears that it has been the understanding of Albemarle County, as embodied in historic practice, that funds allocated to it for paving nonsurface treated secondary roads must be used for that purpose exclusively, and that any portion of this allocation not expended, would revert, essentially, to the State Transportation Trust Fund, as unused funds. It appears further, that it has been the understanding of this County that no portion of the allocation earmarked for paving improvements could be reallocated for purposes of other (paved) secondary road improvements. In other words, the understanding seems to have been that funds from the unpaved road allocation could not be used to make improvements on paved secondary roads, be it for safety improvements or for some other type of improvement. If funding provided by the second ~ary road allocation was not adequate to complete all needed secondary road improvements in a given year, therefore, these improvements would await funding in a subsequent year. Although what appears to be the County's present understanding of its funding allocation options may be a correct understanding of limitations placed upon it by State law prior to 1985, the provisions of State law dealing with State funding allocations to Counties were amended in that year. In 1985, a provision, now codified as paragraph C of Section 33.1-23. t:1, was enacted, and thereby added as a new paragraph to this section. Acts of the General Assembly, 1985 Chapter 42; H1269. Paragraph C provides: 2 C. The governing body of any county may have funds allocated to the county under this section added to the county's secondary system construction funds allocated pursuant to § 33.1-23.4. For each $250,000 or portion thereof added to secondary construction funds under this provision, the .amount of the county's nonsurface treated roads used to distribute funds under this section in subsequent years shall be reduced by one mile or proportional part of one mile. Code of Virginia, § 33.1-23.1: I(C). By this plain language, therefore, it appears, that contrary to the County's present understanding, the County may indeed reallocate funds from its unpaved road allocation for purposes of other (paved) secondary road improvements. For each $250,000 reallocated, however, the number of unpaved roads within the County will be deemed to be reduced by one mile for purposes of unpaved secondary road allocations in subsequent years. Using the hypothetical figures referenced above, therefore, if there are 100 miles of unpaved roads in Albemarle County for purposes of the unpaved road allocation this year, and if the County decided to use $250,000 of this year's unpaved road allocation for paved secondary road improvements, then its unpaved road allocation for next year would be calculated on the basis of 99 miles of unpaved County roads rather than 100 miles. If my construction of applicable law is correct, therefore, this County enjoys considerably more flexibility in managing its secondary road improvements than previously recognized. If there are particular paved secondary road improvements needed in a given year that cannot be accomplished due to lack of sufficient funding from the secondary road allocation, these improvements need not wait until another year. Funds may be reallocated from the unpaved road allocation to complete these projects. The implications that this may have for the improvement of public safety and the promotion of the public interest are dear and obvious. This does introduce, however, an additional layer of complexity in the preparation and review of the Six Year Secondary Road Construction Plan and the County's Priority List. If my construction of the law is correct, it would seem that a balancing would need to be conducted between the need for paving a particular unpaved road, and the need, for example, to make safety improvements to paved secondary roads. It would further appear, that the development of some objective criteria for decisions regarding the paving of unpaved secondary roads would be useful and necessary to determinations of wherein lies the public interest. In this regard, I know that you are aware of two roads presently listed in the Six Year Secondary Road Plan for paving which have been the subject of considerable controversy. Wyant Lane is presently scheduled for paving to begin in August of this year, and the road upon which I live, Catterton Road, is presently scheduled to be paved in 2003. The vast majority of property owners on Catterton Road do not want this road to be paved; presently, I am not certain about how Wyant Road property owners will "split" with respect to that road. Construction costs for Catterton Road are estimated to be $300,000, and the costs for Wyant Lane are estimated to be $260,000. Before a total of $560,000 of public funds is expended to pave two short segments of unpaved road, I strongly believe, that since the County appears to have the power to reallocate these funds for paved secondary roads, perhaps in need of safety improvements, a process must be developed to balance the competing demands for these funds in a manner consistent with the overall pubic interest. Your consideration of this matter is appreciated. Sincerely, John C. Martin CC: The Honorable Sally H. Thomas Mr. Robert W. Tucker, Jr. Mr. Larry W. Davis, Esq. 4 Midway Road/Wyant Lane Route 688 & 791 Road Widening and Paving Project Petition to the Board of Supervisors October 1, 1999 To stop the Midway Road / Wyant Lane Widening and Paving Project as proposed by VDOT. To pave the road in place with very limited widening or tree removal. To post speeds at 25 miles per hour. To preserve the rural character of Midway Road / Wyant Lane. My ~ My Address Date Signed ~,'~~~Wyant Lane Route 791-'~ Road Widening and Paving Project PetitiOn to the Board of Supervisors r~,.,~L,~.. October 1, 1999 To stop the Midway/Road Widing and Paving Project as proposed by VDOT. To pave the road in place with~t~widening or tree removal. To ~ post speeds at 25miles. per ho)br. To preserve the rural character of Midway/. Road:. ~"l I.~L,bJ ,,,~. My Signature r~'~,~t- ~-~,, My Address Date Signed Midway Road/Wyant Lane Route 688 & 791 Road Widening and Paving Project Petition to the Board of Supervisors October 1, 1999 To stop the Midway Road / Wyant Lane Widening and Paving Project as proposed by VDOT. To pave the road in place with very limited widening or tree removal. To post speeds at 25 miles per hour. To preserve the rural character of Midway Road / Wyant Lane. My Signature My Address Date Signed Midway Road/Wyant Lane Route 688 & 791 Road Widening and Paving Project Petition to the Board of Supervisors October 1, 1999 To stop the Midway Road / Wyant Lane Widening and Paving Project as proposed by VDOT. To pave the road in place with very limited widening or tree removal. To post speeds at 25 miles per hour. To preserve the rural Character of Midway Road / Wyant Lane. My Signature My Address Date Signed Midway Road/Wyant Lane Route 688 & 791 Road Widening and Paving Project Petition to the Board of Supervisors October 1, 1999 To stop the Midway Road / Wyant Lane Widening and Paving Project as proposed by VDOT. To pave the road in place with very limited widening or tree removal. To post speeds at 25 miles per hour. To preserve the rural character of Midway Road / Wyant Lane. My Signature My Address Date Signed Midway Road/Wyant Lane Route 688 & 791 Road Widening and Paving Project Petition to the Board of Supervisors October 1, 1999 To stop the Midway Road / Wyant Lane Widening and Paving Project as proposed by VDOT. To pave the road in place with very limited widening or tree removal. To post speeds at 25 miles per hour. To preserve the rural character of Midway Road / Wyant Lane. I My Signature My Address Date Signed From: Subject: Date: Members, Bc~rd of Supervisors~--,~ Ella Washington Carey, CMQ P,~ading List for Februa~/16, 201:)0 Febrdary I0, 2000 EMO ANDUM CL--tcber 6, 1999 November 3, 1999 November 10, 1999 (A) Ms. ~homas - pages 25 (Item # I I) - end Mr. Martin Mr. Perkins COUNTY OF ALBEMARLE Office of County Executive 401 Mclntire Road Charlottesville, Virginia 22902-4696 (804) 296-5841 FAX (804) 972-4060 FAX: (804) 296-5800 February 16; 2000 The Honorable Emily Couric 25th State Senate District General Assembly Building, Room 308 P. O. Box 396 Richmond, Virginia 23218 RE: Senate Finance Committee Transportation Funding Proposal Dear Senator Couric: We have just recently learned of the Senate Finance Committee's proposal to infuse an additional $19.268 million into the Western By-pass project in FY 2003/04. This is, as we understand it, over and above the scheduled allocation in the current VDoT Six-Year Plan. While the County supports the infusion of the funds proposed by the Senate Finance Committee for all other transportation projects located in Albemarle County, the Board of Supervisors does not support the additional funding for the Western By-pass project. I reviewed this proposal with the Board this past Wednesday evening and they reiterated their opposition to the Western By-pass, which has been their position for quite some time. Should you have any further questions concerning this matter, please do not hesitate to contact me or any member of the Board directly. Sincerely, Robert W. Tucker, Jr. County Executive RWT,JR/dbm 00.018 pc: The Honorable Mitchell Van Yahres beHonorable Paul C. Harris made County Board of Supervisors Mr. David C. Blount Attachment C SP-99-61. Pinnell Custom Leather (Sun ~.48). Conditions are as follow: 1. Total number of employees is limited to four, not including residents; and 2. VDOT approval of entrance permit as noted in the letter from Bill Mills dated January 18, 2000. No parking is permitted on, or adjacent to Whitehall Road. Attachment D CFVV CV 160 Route 638/Interstate 64 (Si,qns #44&45). Conditions are as follow: The height of the tower shall not exceed 5 feet above the height of the tallest tree within 25 feet of the tower. Antenna may not extend above the height of the tower, and therefore shall not exceed a total height of 95 feet; 2. The tower shall be designed, constructed and maintained as follows: ao The tower shall be of wood. Guy wires shall not be permitted. The tower shall have no lighting; and All equipment mounted to the pole shall be painted or otherwise treated to match the pole in color. 3. The tower shall be located on the site as follows: The tower shall be located as shown on the attached plan entitled "lease parcel CFVV Site CV 160" (on file in the Clerk's office). 4. Antennas may be attached to the tower only as follows: The antennas shall be limited to those shown in a plan titled "CFW Wireless Mechum's River CV160" (on file in the Clerk's office). Antennas shall be flush mounted to the pole; and Satellite and microwave dish antennas are prohibited. The tower shall be used, or have the potential to be used, for the collocation of other wireless telecommunications providers, as follows: The permittee shall allow other wireless telecommunications providers to locate antennas on the tower and equipment on the site, subject to these conditions: (1) Prior to approval of a final site plan for the site or the waiver of the site plan requirement, the permittee shall execute a letter of intent stating that it will make a good faith effort to allow such location and will negotiate in good faith with such other provider requesting locate on the tower or the site; and, The permittee shall provide to the County, upon request, verifiable evidence that it has made a good faith effort to allow such location. Verifiable evidence of a good faith effort includes, but is not limited to evidence that the permittee has offered to allow other providers to locate on the tower and site in e~change for reciprocal r'ghts on a tower and site owned or controlled by another provider within Albemarle County. Each outdoor luminaire shall be fully shielded such that all light emitted is projected below a horizontal plane running through the lowest part of. the shield or shielding part of the luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall be limited to periods of maintenance only. A lighting plan must be provided with the building permit application. 10. 11. 12. 13. 14. Prior to beginning construction or installation of the tower or the equipment building, or installation of access for vehicles or utilities, the permittee shall obtain authorization from the Director of Planning to remove existing trees on the site outside the access easement and tower lease area. The Director of Planning shall identify which trees may be removed for such construction or installation. Except for the tree removal expressly authorized by the Director of Planning, the permittee shall not remove existing trees within two hundred (200) feet of the tower, the equipment. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease area shall consist of a wooden fence of wood color, which is limited to a 10 foot by 10 foot area and 6 feet in height. The tower shall be disassembled and removed from the site within ninety (90) days of the date is use for wireless telecommunications purposes's discontinued. The permittee shall'submit a' report to the Zoning Administrator once per year,'by not later than July I of that year. The report shall identify each user of the tower and shall identify each user that is a wireless telecommunications service provider. No slopes associated with construction of tower and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the County Engineer are employed. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and, The access road shall disturb no more than 75' in cross section. Attachment E SP-99-71. Thomas Jefferson Memorial Foundation (S~n #98). Condition is as follows: 1. Gift shoP limited to a total of 2,000 square foot for retail and office area. IV. Strategic Plan A. General This three to five year strategic plan was developed through a citizens housing advisory panel, convened by the Planning District, appointed by each local governing body and ratified by each governing body. The overall strategy is to support the individual needs and projects in each participating jurisdiction while coordinating and supporting affordable housing programs on a regional level. The following priorities are identified for the Planning District overall and for the participating jurisdictions individually. Planning District Priorities 1. Foster cooperation within the region through the use of affordable housing initiatives. This can be accomplished by a region-wide committee to set regional goals and to mesh these regional goals with local efforts; 2. Educate the public on the need for affordable housing and on programs available to assist low- and moderate-income residents; 3. Establish a regional mechanism for disseminating information on affordable housing initiatives and for evaluating current efforts and policies; 4. Establish a regional loan fund, financial management tools and technical assistance for the region's housing non-profits. 5. Provide self-help opportunities for first-time homebuyers, including credit counselling. 6. Participate in Virginia Housing and Development Administration Assistance to First-Time Home Buyers. 7. Support an equitable distribution of owner-occupied and rental units throughout the region. 8. Provide a regional housing counselling program, with particular emphasis on teenage mothers and single heads of households. Priorities for Albemarle County 1. Rehabilitate substandard owner-occupied homes; 2. Increase opportunities for first-time home buyers; 28 Services to elderly, disabled, and homeless should be provided in a regional context since the service providers are regional Identify the local need for emergency shelter and provide for that need in each locality or in cooperation with regional or satellite facilities. Collaborate with existing service providers for needed assistance in order to avoid dUplication of effort. -' Move families toward self-sufficiency Recommendation: Establish a definition of Fair Share housing in the region by agreeing on a definition of what is meant by assisted honsing, and by factoring in the unique qualities and capacity of each locality Communities should provide, or collaborate with others in the region to provide, a full range of housing for its residents Emphasis on keeping local residents in housing so there is less need to move Recognize that losv and moderate income Charlottesville residents do purchase homes in counties, where affordable units are available. Manufactured housing, in particular, is available and affordable Define the role of the urban center as a place for jobs, services and transportation Recommendation: Work on an interim basis (3 years) until year 2000 Census data are available and build a consistent data base of local housing inventories so local and regional data may be more consistently applied to the next ConsOlidated Plan. Recommendation: Continue equal share funding of Consortium HOME funds in the region. H%sing Di=ec~m.s' Goals - Tea~. 2000 Consolidated Plan Janua~7 2 t, 2'000 Page Comprehensive Plan: This site is located in the Rural Area. Commercial activities are generally discouraged in the Rural Area unless supportive of the elements that define the Rural Area, including cultural and historic resources. Monticello is a historic site of worldwide importance and is identified as a significant historic site in the County Open Space Plan. Planning decisions should be made which are supportive of protecting and maintaining the viability of such historic sites. STAFF COMMENT: Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent proper ,ty~ The Thomas Jefferson Memorial Foundation owns a significant amount of land surrounding Monticello, and the gift location is near the center of the site. The gift shop is not located near any residences or uses outside of the Memorial Foundation property. A significant proportion of the gift shop customers are those who have come to tour Monticello. The applicant estimates that not more 5 percent of the shop customers come only to visit the gift shop. The gift shop is not directly accessible by car, only by the shuttle bus service from the visitor's parking area. Based on the size of the gift shop and proposed expansion, its location on the property, and the limited additional commercial activity it generates on its own, staff is of the opinion that there no negative impacts to adjacent property. that the character of the district will not be changed thereby, The gift shop is an existing use and the proposed expansion is of limited size. This particular gift shop functions essentially as an accessory use to the hi storic site and museum. It does not generate significant commercial activity on it own. Staff opinion is that the proposed use would not change the character of the district. and that such use will be in harmony with the purpose and intent of this ordinance, Staffhas reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6 (Attachment C). Staff finds no conflict between the proposed use and these provisions of the ordinance. with the uses permitted by right in the district, The gift shop and proposed expansion make appropriate use of an existing building and are complimentary to the primary use on-site, an historic site/museum which is open to the public. As noted in the Zoning Department comments, historic sites/museums are currently not a permitted use in the Rural Area. 2 with additional regulations provided in Section 5.0 of this ordinance, Section 5.0 of the ordinance, Supplementary Regulations, does not address this use. and with the public health, safe~, and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of this proposal. The addition will not have a significant impact on the existing well and septic system. The existing parking area serving Monticello is sufficient to accommodate the gift shop and proposed expansion. VDOT has no comment regarding this proposal. As noted earlier in the report, the gift shop is not anticipated to generate significant additional traffic to the site. SUMMARY: Staff finds that the gift shop and proposed expansion will not have a detrimental impact on adjacent properties or the Rural Areas District. The gift shop functions as an accessory use to Monticello as a tourist site and as such does not create additional commercial activity in the Rural Area. RECOMMENDED ACTION: Staff recommends approval of SP 99-71 with the following condition: 1. Gift shop limited to a total of 2,000 square foot for retail and office area. ATTACHMENTS: A - Location Map B - Application C - Zoning Dept. Comments D - Zoning Ordinance Sections 3 ATTACHMENT A - / ApPliCatiOn fOr-Special Use Permit *zo~ngD~a'ct~:~O~C A~ *~ningOrdinanceSecfionnumberrequ~d ~0. ~. a '"'~'~ (*stuff will ~Sist' you wi~'~c items) ' :~:'-'~;..~'.,'.."'f- .' ~ this an amendment to an existing Special Use PermR? ,. :..:..... . .- Arc you submR~ng a sRe dcvelopmen~ plan with ~. appli~fion? . Applicant (Who i~ lhc contact person representing? Who is requesting linc speci.',l usc?}: Address City State Zip __ Daytime Phone ( ) Fax # E-mail Tax map and parce~ 7~ - '~" Physical Address (ir~igne. d) Does the owner of this property own (or have any ownership interest in) any abutting property7 If yes, please list those tax map and pareel numbers ,,~ P.~V'~'fe.S~: ~t'l::>~' OFFICE USE ONLY F~ amount $ ~5?0 ~istory: CI Special Uic Permits: Datc Paid ~ ZMAs and Proffers: ~" ~1Lcttcr o~Authorization I 401 Mclntire Road .:- Charlottesville, VA 22902 ':' Voice: 296-5832"":' Fax: 9'72-4126